Caldwell County District Court Service and Proof of Service Rules

CRITICALCivil cases

A party may not attend or request an emergency or ex parte hearing without first notifying the opposing attorney or self-represented litigant after service and giving them an opportunity to attend by an approved method.

Nothing in these local rules shall change any time period or notice requirements that apply to emergency hearings and/or ex parte hearings allowed by the TRCP or the Texas Family Code ("TFC.") No party shall attend or request a hearing in an emergency or ex parte without prior notice to the opposing attorney or Self-Represented Litigant ("SLR"), after service, to afford the opposing attorney/SLR the opportunity to attend the hearing either in person, by telephone or by Zoom, as approved by the Court.

CRITICALCivil cases

Applies to

Motion to set

After a compliant objection is filed, the requesting party may reset the hearing to any available date provided by the objecting party by filing and serving a Motion to Set.

If an objection complying with these rules is filed, the party requesting the hearing shall have the right to reset the hearing on any one of the available dates provided by the objecting party by filing and serving a Motion to Set pursuant to the TRCP and these Rules.

CRITICALCivil cases

Deadline

2 business days

Applies to

Proposed charge of the court

In jury cases, each party must furnish its proposed Charge of the Court to the Court and opposing counsel two business days before jury selection, unless a court order or written party agreement provides otherwise.

In all jury cases, each party shall furnish to the Court and counsel for all other parties that party's proposed Charge of the Court two (2) business days before jury selection unless otherwise provided by order of the Court or written agreement of the parties.

CRITICALCivil cases

At contested child-support or spousal-maintenance hearings, each party must present opposing counsel with financial statements submitted in the preceding two years to obtain credit or a loan as soon as practical, and no later than docket call on the hearing day.

a. In all contested hearings involving child support or spousal maintenance, each party shall comply with Texas Family Code Chapter 154.063 and provide any financial statement(s) submitted within the last two years for the purpose of obtaining credit or a loan and present same to opposing counsel as soon as practical but no later than docket call the day of the hearing.

CRITICALCivil cases

The parties must exchange with opposing counsel a financial statement substantially similar in form to Form 4.2 of the Texas Family Law Practice Manual.

b. The parties shall also exchange with opposing counsel a financial statement in a form substantially similar to Form 4.2 of the Texas Family Law Practice Manual.

CRITICALCivil cases

For a contested property hearing, each party must provide the other party a sworn inventory and necessary appraisements at least 30 days before the hearing, using a substantially similar inventory form to the cited manual.

Prior to any contested hearing involving property, each party shall provide to the other party a sworn Inventory and all necessary Appraisements at least thirty (30) days prior to the contested hearing. The form of the inventory shall be substantially similar to the form in §7.1 of the Texas Family Law Practice Manual.

CRITICALCivil cases

For a contested hearing involving division of the community estate, each party must provide the other party a proposed division identifying the property, debts, and their values at least 30 days before the hearing.

Prior to any contested hearing involving division of the community estate, each party shall provide to the other party a proposed division of the estate setting out and identifying the property and debts to be divided and their values at least thirty (30) days prior to the contested hearing.

CRITICALCivil cases

At any contested hearing, the parties must provide the Court copies of their latest proposed division of property.

The parties shall provide copies of their latest proposed division of property to the Court at any contested hearing.

CRITICALCivil cases

The prevailing party or party responsible for preparing the judgment or order must furnish opposing parties a copy within 21 days from rendition or hearing.

The prevailing party or the party who is directed to or has agreed to prepare the judgment or order shall furnish all opposing parties with a copy of the proposed judgment or order within twenty-one (21) days from the date of rendition/hearing.

WARNINGCivil cases

Parties requesting a child custody evaluator must provide the evaluator a copy of the order and initial contact information for all parties and counsel.

It shall be the responsibility of the parties requesting the child custody evaluator to provide the evaluator a copy of the order and the initial contact information for all parties and counsel.