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

CRITICAL

Before presenting a TRO or petition for extraordinary relief, the opposing attorney, if known, must be notified and given 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 support decision form to the opposing party and Court Coordinator before 5:00 p.m. seven days before the support trial.

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".

CRITICAL

Each party must deliver the temporary support form to the opposing party if known and to the Court immediately before the specified temporary-orders hearing.

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

When a motion to remove a case from the dismissal docket is granted, the case must be set for trial absent extraordinary circumstances, and the party or attorney setting it must notify opposing counsel under the Rules of Civil Procedure.

Where motions to remove a case from dismissal docket are granted, unless extraordinary circumstances exist, the case shall be set for trial. The party or Attorney setting the case shall give notice to opposing Counsel according to the Rules of Civil Procedure.

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

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

Applies to

Motion to withdraw

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

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

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.

CRITICAL

The defendant and defense attorney must be notified of a Status Docket setting.

Notice of such setting will be given to the Defendant and the Defense Attorney.

CRITICALCivil cases

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.

CRITICALCivil cases

Unless the Court grants leave, the non-movant must serve its response and summary-judgment evidence within 21 days after the MSJ is filed.

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.

CRITICALCivil cases

Unless the Court grants leave, the movant may serve a reply within 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 copy of each filed 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.

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.