Burnet County Court at Law Service and Proof of Service Rules

CRITICAL

When the Court sets a case on the Status Docket, notice of the setting must be given to the defendant and defense attorney.

Cases may be set by the Court to the Status Docket. Notice of such setting will be given to the Defendant and the Defense Attorney.

CRITICAL

Notice of a motion to withdraw or substitute counsel must be delivered to the State when the motion is set.

Notice of such motions shall be delivered to the State when the motion is set.

CRITICAL

Before presenting a TRO or other petition for extraordinary relief, the plaintiff's or movant's attorney must notify the known opposing attorney and give that attorney an opportunity to appear.

Before presenting a TRO or any petition for extraordinary relief, the Attorney representing the Defendant or Respondent, if known, must be notified by the Plaintiff's or Movant's Attorney and given the opportunity to appear with Plaintiffs or Movant's Attorney.

CRITICAL

Each party must deliver the temporary-support form to the opposing party if known.

Immediately before a hearing on temporary orders in which the Court must decide temporary child support or temporary spousal support, each party shall deliver to the opposing party if known, and to the Court, a Proposed Support Decision and Information, fully completed and in the form attached to these Rules as Exhibit "B".

CRITICAL

Applies to

Inventory and appraisement

A copy of the inventory and appraisement must be furnished to the Judge, opposing counsel, and pro se parties.

Within sixty days after Respondent's answer or waiver is filed, each party shall file with the District Clerk, a copy being furnished to the Judge, opposing Counsel and pro se parties, a sworn inventory and appraisement of all property (both separate and community) of the parties, including any property belonging to children of the parties.

CRITICAL

The party or Attorney who sets the case for trial must notify opposing Counsel under the Rules of Civil Procedure.

The party or Attorney setting the case shall give notice to opposing Counsel according to the Rules of Civil Procedure.

CRITICAL

Each party must deliver the proposed support form to the opposing party as well as the Court Coordinator.

a) Before 5:00 p.m. on the date that is seven days prior to the date set for a trial on the merits before a Judge to determine an amount of child or spousal support, each party shall deliver to the opposing party and to the Court Coordinator of the Court in which the case is filed a Proposed Support Decision and Information, fully completed and in the form attached to these Rules as Exhibit "B".

CRITICALCivil cases

Applies to

Oral argument request

An oral-argument request must be served on all parties.

Any request for oral argument must be made in writing at least seven (7) days prior to the hearing date and must be e-filed and served on all parties.

CRITICAL

Applies to

Proposed disposition of issues

Each party must deliver the Proposed Disposition of Issues to the opposing party and Court Coordinator.

Before 5:00 p.m. on the date that is seven (7) days prior to the date set for a trial on the merits for any divorce trial, each party shall deliver to the opposing party and to the Court Coordinator of the Court in which the case is filed a Proposed Disposition of Issues, fully completed and in the form attached as Exhibit "A" to these Rules.

CRITICALCivil cases

Applies to

Response

The non-movant must serve the response and summary-judgment evidence within 21 days after the motion is filed, unless the Court grants leave.

A. Response. Except on leave of Court, the non-movant's response and summary- judgment evidence must be filed and served within twenty-one (21) days after the Motion for Summary Judgment is filed.

CRITICAL

Upon being retained, the defense attorney must give written notice of the representation to the District Attorney, District Clerk, and Court Coordinator for the court where the case is filed.

Upon employment, the Defense Attorney shall give written notice thereof to the District Attorney, the District Clerk and the Court Coordinator in the Court in which the case is filed.

CRITICAL

Applies to

Proposed disposition of other issues

The Proposed Disposition of Other Issues must be delivered to each opposing party.

Except for temporary orders requirements, at the time any party is required by these Rules to deliver one or more disputed or agreed pre-trial forms, the party shall also deliver to each opposing party and to the Court Coordinator a Proposed Disposition of Other Issues, which shall state separately in brief, complete sentences each trial or hearing decision that is sought by the party not covered by a required form.

CRITICAL

Defense attorneys must subpoena all witnesses and law enforcement officers needed for pre-trial hearings.

4. Defense Attorneys shall subpoena all witnesses, including the State's witnesses, and law enforcement officers necessary for pre-trial hearings.

CRITICAL

Upon employment, defense counsel must give written notice to the County Attorney, County Clerk, and Court Coordinator in the court where the case is filed.

Upon employment, the Defense Attorney shall give notice thereof, in writing, to the County Attorney, to the County Clerk and the Court Coordinator in the Court in which the case is filed.

CRITICAL

After an Information is filed, defendants and/or their attorneys must be notified of a court appearance date.

After the filing of an Information, all Defendants and/or their attorneys shall be notified of a date to appear before the Court.

CRITICALCivil cases

Applies to

Reply

B. Reply. Except on leave of Court, the movant may file and serve a reply within seven (7) days after the non-movant's response is filed.

B. Reply. Except on leave of Court, the movant may file and serve a reply within seven (7) days after the non-movant's response is filed.

WARNING

A motion to withdraw may be heard at any time once the defendant has had notice to appear.

An Attorney's motion to withdraw may be heard at any time when the Defendant has had notice to appear.

WARNING

A copy of the written vacation designation must be provided to all Court Coordinators.

The written designation must be filed with the Clerk with a copy to all Court Coordinators no less than ninety (90) days in advance of the vacation.

WARNING

Service

Electronic service

Upon completion of the record, electronic copies will be transmitted to appellate counsel, State's counsel, and the county District Clerk unless otherwise specified.

Upon completion of appellate record, the original transcript will be E-filed with the Third Court of Appeals and electronic copies of same will be transmitted to appellate counsel, counsel for the State of Texas, and the District Clerk of said county unless otherwise specified.

WARNING

A Judge may require an in-court hearing instead of a telephone hearing at any time, including after the conference call, with notice to all parties.

At any time, even after the completion of a conference call, a Judge may determine that a hearing by telephone will not be sufficient and may require a hearing in court upon notice to all parties.

INFO

When a defendant has not been arrested, the defendant may be given notice to appear at a specific date and time.

In instances where a Defendant has not been arrested, i.e. citation by a peace officer, referral/ transfer from the District Courts, a Defendant may be given notice to appear at a specific time and date.