Brazos County District Court, Texas Service and Proof of Service Rules

CRITICAL

Deadline

48 hours

If an audio/video hearing is approved, documents to be referenced or offered as exhibits must be provided to the court, opposing counsel, and opposing parties at least 48 hours before the hearing.

All documents to be referenced at or offered as an exhibit at such audio/video hearing, if approved, must be provided to the court, opposing counsel, and opposing parties at least 48 hours before the scheduled hearing.

CRITICAL

The requestor must notify all other attorneys of an audio/video hearing request as soon as possible and no later than two days before the hearing; phone notice must be a lawyer-to-lawyer conversation, and written notice must allow reasonable assurance of delivery.

To request an audio/video hearing, attorneys or pro se parties must contact the court coordinator by e-mail, or in writing, and give notice of your request to all other attorneys of record as soon as possible before the hearing, but no later than two days prior to the hearing. Notice to opposing counsel must be by lawyer-to-lawyer conversation if by phone, and if written, must be given a sufficient time in advance to provide reasonable assurance of delivery.

CRITICAL

Opposing counsel must receive a copy of the withdrawal motion and the request for setting or notice of submission.

A copy of the motion to withdraw and request for setting or notice of submission without a hearing shall be delivered or mailed to any opposing counsel.

CRITICAL

The filer must mail or deliver a copy of the Setting Request by any reasonable means to all attorneys of record and pro se parties.

The attorney or party filing the setting request shall mail or deliver, by any reasonable means, a copy of the setting request to all attorneys of record and all parties pro se.

CRITICAL

Each attorney must submit the required trial exhibits to opposing counsel as well as to the court.

Each attorney shall submit the following exhibits to the court and opposing counsel according to the court's Scheduling Order/Docket Control Order.

CRITICAL

The court must deliver a Notice of Setting by any reasonable means to each attorney and pro se party at the physical or electronic mailing address in the court file.

The court shall direct delivery by any reasonable means a Notice of Setting to each attorney of record and party pro se at the physical or electronic mailing address in the court's file.

CRITICAL

A copy of the setting request must be mailed or delivered to all attorneys or parties of record, and the request includes a certification of that service.

I CERTIFY THAT A COPY OF THIS SETTING REQUEST HAS BEEN MAILED/DELIVERED TO ALL ATTORNEYS OR PARTIES OF RECORD.

CRITICAL

The filer must deliver a copy of the setting request to every attorney of record and every pro se party in the case.

The attorney or party filing the setting request shall deliver to all attorneys of record and all parties pro se in the case a copy of the setting request.

CRITICAL

After the order granting leave is sent to the client, a copy must also be sent to opposing counsel.

A copy of the order shall then be sent to opposing counsel.

CRITICAL

Service

Court service to all parties

The court must deliver the Notice of Setting to each attorney of record, defendant, and the defendant's surety bondsman at the address listed in the Setting Request.

The court shall deliver a Notice of Setting to each attorney of record, to each defendant, and to the defendant's surety bondsman at the address shown on the Setting Request.

CRITICAL

After leave to withdraw is granted, the attorney must send the client a copy of the order by certified mail or email with acknowledged receipt.

After leave is granted, the withdrawing attorney shall send the client a copy of the order granting leave to withdraw by certified mail, or by email with acknowledged receipt.

CRITICAL

Without the client's written consent, the withdrawing attorney must send the client notice of the rights to object and request a hearing, along with copies of the withdrawal motion and hearing-setting request or notice of submission, by certified mail or email with acknowledged receipt.

If withdrawal is without the written consent of the client, the withdrawing attorney shall forward to his client by certified mail notification, or by email with acknowledged receipt, of the client's right to object to the motion and the client's right to request a hearing on the client's objection together with a copy of his or her motion to withdraw and a copy of the request for setting or notice of submission without a hearing.

WARNING

The requesting party must notify all attorneys of record or pro se parties of the setting when these rules or other applicable law require notice.

The requesting party shall, when required by these rules or other applicable law, notify all attorneys of record or parties pro se of such setting.

WARNING

When the document is delivered to the court coordinator, its duplicate must be mailed, emailed, or delivered to opposing counsel and pro se parties so they can review its form or consistency with the ruling.

On the same date the document is delivered to the court coordinator, the duplicate of the document shall be mailed, emailed or delivered to opposing counsel and parties pro se to provide an opportunity to approve or object to the form of the document or that the document is inconsistent with the court's ruling (i.e., not a re-arguement of the merits).