Cameron County District Courts Service and Proof of Service Rules

Applies to

Temporary order

The party obtaining a temporary order must serve notice of the required hearing's date and time with that order.

The party obtaining the temporary order must serve notice of the date and time of the required hearing with the temporary order.

Requesting counsel must immediately provide written notice of a hearing, pretrial, or trial setting to every other party.

Counsel who request a hearing, pre-trial and/or trial date and who receives notice of same from the court and/or the court coordinator shall have the duty to give all other parties in the case written notice immediately of such setting and to furnish a copy of such notice to the clerk of the Court in which the case is pending.

Applies to

Emergency hearing

A hearing ordinarily requires at least three days’ notice, unless the requesting party files an emergency-hearing motion stating specific reasons.

No hearing shall be set on less than three (3) days' notice, and no party shall request a hearing on less than three (3) days' notice unless that party has filed a motion for emergency hearing, and has provided specific reasons for same.

Applies to

Emergency hearing

For an emergency hearing, counsel must promptly provide opposing counsel the motion and hearing-date notice by a means reasonably likely to achieve actual receipt.

If filing a motion requesting an emergency hearing, counsel must provide a copy of the motion and written notice of the requested and/or any awarded hearing date by hand-delivery, telefax, electronic transmission, or other similar means most likely to insure that opposing counsel receives that notice.

Applies to

Emergency hearing

Counsel seeking emergency relief must make a good-faith effort to confirm receipt by contacting every opposing counsel’s office.

Counsel seeking the emergency hearing must also make a good faith effort to contact all opposing counsel's offices to confirm that the opposing counsel has received the written notice.

Applies to

Default judgment

When other parties exist, they must receive notice before counsel approaches the court to obtain a default, even though a no-record default hearing requires no setting.

No setting is required for a hearing on a default requiring no record or proof; however if there are any other parties to the case, notice to all such parties must be given before any attempt is made to approach the court to obtain a default.

Applies to

Default judgment

A party desiring to attend a default hearing must be allowed to attend, or the hearing must be set with at least three days’ notice.

If other parties indicate a desire to be present, they must be given the opportunity to or be present, or a setting with at least three (3) days' notice must be obtained

Applies to

Default judgment

Testimony for a default requiring proof must be scheduled through the court’s coordinator, and all parties must receive notice.

Testimony for defaults requiring proof shall be scheduled with the Court Coordinator of the Court in which the case is pending, and notice given to all parties.

Counsel must serve copies on all counsel.

Counsel shall serve copies on all counsel.

Service

Electronic service

Electronic service requires the recipient's written agreement, and the clerk's standard agreement must identify the service e-mail address, explain the recipient's rescission right, be filed with the court, and be served on all other parties.

Documents may be electronically served upon a party only where that party has agreed, in writing, to receive electronic service in that case. The clerk shall adopt a standard form of agreement which provides that the party has agreed to electronically accept service, sets out the e-mail address where service should be sent, and informs the party of the right to rescind the agreement by subsequent notice to the court. The agreement must be filed with the court and the form must be served on all other parties.

Service

Electronic service

Electronic service is complete when the filer transmits the document to the recipient's e-mail address.

Electronic service shall be complete upon transmission of the document by the filer to the party at the party's e-mail address.

Service

Electronic service

The electronic-service date is generally the date on which service is complete, subject to Rule 5.2(c).

Except as provided by subsection (c) below, the date of service shall be the date the electronic service is complete.

Service

Electronic service

Electronic service completed after 5:00 p.m. in the recipient's time is deemed served on the next day that is not a Saturday, Sunday, or legal holiday.

When electronic service is complete after 5:00 p.m. (recipient's time), then the date of service shall be deemed to be the next day that is not a Saturday, Sunday or legal holiday.

Service

Electronic service

Three days are added to any period for taking action after electronic service of a document.

Whenever a party has the right or is required to do some act within a prescribed period of time after service of a document upon the party and that document is electronically served, then three days shall be added to the prescribed period of time.

Service

Electronic service

A document selected for electronic service must be transmitted no later than the time the document is filed.

Documents to be electronically served upon another party shall be sent before the time or at the same time that the document is filed.

Service

Electronic service

A filer must accompany an electronically served document with a written certification identifying the filer's e-mail address or telecopier number, the recipient's e-mail address, the service date and time, and completion of electronic transmission.

A filer who electronically serves a document upon another party shall make a written certification of such service that shall accompany the document when that document is filed. The written certification shall include, in addition to any other requirements imposed by the Texas Rules of Civil Procedure, the following: - (i) the filer's e-mail address or telecopier (facsimile machine) number; - (ii) the recipient's e-mail address; - (iii) the date and time of electronic service; and - (iv) a statement that the document was electronically served and that the electronic transmission was reported as complete.

Service

Electronic service to all parties

An electronically filed document must be served through the electronic filing manager when the recipient’s email address is on file; otherwise service may be made as permitted by law.

A document filed electronically under these rules must be served electronically through the electronic filing manager if the email address of the party or attorney to be served is on file with the electronic filing manager. If the email address of the party or attorney to be served is not on file with the electronic filing manager, the document may be served on that party or attorney as permitted by law.

Service

Electronic service

Electronic service is complete upon transmission to the serving party’s electronic filing service provider, which sends confirmation to the serving party.

Electronic service is complete on transmission of the document to the serving party’s electronic filing service provider. The electronic filing manager will send confirmation of service to the serving party.

Applies to

Filed instrument

Service

Electronic service

The filing party or attorney must provide a written service certification above the signature on the filed instrument.

The party or attorney of record shall certify to the court compliance with this rule in writing above the signature on the filed instrument.

Service

Mail

Service by registered mail, certified mail, or telephonic document transfer extends an otherwise applicable period by three days.

extending other periods by three days when service is made by registered or certified mail. or by telephonic document transfer

Applies to

Pleading, plea, motion, or application

A true copy of a pleading, plea, motion, or application must be served on every other party at the same time.

at the same time a true copy shall must be served on all other parties

Applies to

Application for order and notice of hearing

Unless shortened by the court or otherwise governed by the rules, an application for an order and hearing notice must be served on all other parties at least three days before the hearing.

An application to the court for an order and notice of any hearing thereon, not presented during a hearing or trial, shall must be served upon all other parties not less than three days before the time specified for the hearing, unless otherwise provided by these rules or shortened by the court.

Applies to

Pleading

When another party is represented, each pleading must be delivered or mailed to the attorney in charge for that party.

If there is more than one other party represented by different attorneys, one copy of each such pleading shall must be served on delivered or mailed to each attorney in charge.

Applies to

Document filed electronically

Service

Electronic service to all parties

Documents filed electronically must be served electronically through the filing manager when the recipient’s email address is on file; otherwise, service may proceed under the alternative method in subparagraph (2).

A document filed electronically under Rule 21 must be served electronically through the electronic filing manager if the email address of the party or attorney to be served is on file with the electronic filing manager. If the email address of the party or attorney to be served is not on file with the electronic filing manager, the document may be served on that party or attorney under subparagraph (2).

Applies to

Document not filed electronically

A document not filed electronically may be served in person, by agent, courier, certified or registered mail, commercial delivery, fax, email, or another manner directed by the court.

A document not filed electronically may be served either in person, or by agent or by courier receipted delivery or by certified or registered mail, to the party’s last known address, by commercial delivery service, or by fax, telephonic document transfer to the recipient’s current telecopier number, by email, or by such other manner as the court in its discretion may direct.

Service

Mail

Service by mail or commercial delivery is complete when the paper document is deposited, postpaid and properly addressed, with the mail or commercial delivery service.

Service by mail or commercial delivery service shall be complete upon deposit of the paper document, postpaid and properly addressed, in the mail or with a commercial

Fax service is complete upon receipt, but service completed after 5:00 p.m. in the recipient's local time is deemed served the following day.

(2) Service by fax is complete on receipt. Service completed after 5:00 p.m. local time of the recipient shall be deemed served on the following day.

Service

Electronic service

Electronic service is complete upon transmission to the serving party's electronic filing service provider, which will send confirmation to the serving party.

(3) Electronic service is complete on transmission of the document to the serving party’s electronic filing service provider. The electronic filing manager will send confirmation of service to the serving party.

Deadline

3 calendar days

Three days must be added to a prescribed action period when service is made by mail or telephonic document transfer.

(c) Time for Action After Service. Whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, or by telephonic document transfer, three days shall be added to the prescribed period.

The filing party or attorney of record must provide a signed written certification of service on the filed instrument.

(e) Proof of Service. The party or attorney of record shall certify to the court compliance with this rule in writing over signature and on the filed instrument.

At or before filing, the filing party must serve every party and must serve represented parties through their lead counsel; service of the record is not required in an original proceeding.

(a) Service of All Documents Required. At or before the time of a document’s filing, the filing party must serve a copy on all parties to the proceeding. Service on a party represented by counsel must be made on that party’s lead counsel. Except in original proceedings, But a party need not serve a copy of the record.

Service on a represented party must be made on its lead counsel and may be personal, by mail, commercial delivery service, or fax; personal service may be completed through a responsible person at lead counsel's office.

(b) Manner of Service. Service on a party represented by counsel must be made on that party’s lead counsel. Service may be personal, by mail, by commercial delivery service, or by fax. Personal service includes delivery to any responsible person at the office of the lead counsel for the party served.

Service

Electronic service

A document filed electronically must be served electronically through the electronic filing manager when the recipient's email address is on file.

(1) Documents Filed Electronically. A document filed electronically under Rule 9.2 must be served electronically through the electronic filing manager if the email address of the party or attorney to be served is on file with the electronic filing manager.

Applies to

Non electronically filed document

A document not filed electronically may be served in person, by mail, commercial delivery service, fax, or email, with personal service including delivery to a responsible person at lead counsel's office.

(2) Documents Not Filed Electronically. A document that is not filed electronically may be served in person, by mail, by commercial delivery service, by fax, or by email. Personal service includes delivery to any responsible person at the office of the lead counsel for the party served.

Service

Mail

Service by mail is complete when the document is mailed.

(1) Service by mail is complete on mailing.

Commercial delivery service is complete when the document is placed under the delivery service's control.

(2) Service by commercial delivery service is complete when the document is placed in the control of the delivery service.

Applies to

Filed document

A document presented for filing must contain a proof of service in the form of an acknowledgment of service or a certificate of service, although the clerk may permit filing without it temporarily and require it promptly.

(d) Proof of Service. A document presented for filing must contain a proof of service in the form of either an acknowledgment of service by the person served or a certificate of service. Proof of service may appear on or be affixed to the filed document. The clerk may permit a document to be filed without proof of service, but will require the proof to be filed promptly.

Applies to

Certificate of service

A certificate of service must be signed by the person making service and state the service date and manner, each person served and their address, and the represented party’s name when an attorney is served.

(e) Certificate Requirements. A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served; and (3) if the person served is a party’s attorney, the name of the party represented by that attorney.

Applies to

Findings of fact and conclusions of law

Service

Court service to all parties

Findings and conclusions must immediately be sent to all parties, who have ten days after receipt to object, although the trial court may transmit the record earlier.

When findings of fact and conclusions of law are made, a copy of those findings and conclusions shall immediately be sent to all parties in the case. A party has ten days from the date he receives the findings to file objections, but the trial court may, nevertheless, transmit the record to the Court of Criminal Appeals before the expiration of the ten days.

Applies to

Habeas application

Service

Mail to clerk

The completed original application must be mailed to the district clerk of the convicting court, and the filer must retain a copy.

When the application is fully completed, mail the original to the district clerk of the convicting district courtcounty of conviction. Keep a copy of the application for your records.

Service

Email

Counsel must maintain current contact information and ensure that their email providers permit sufficiently large attachments and do not block Cameron County District Clerk transmissions, and inadequate contact information will not constitute good cause for lack of notice.

All counsel, whether retained or appointed, shall be responsible for ensuring their electronic post office boxes are adequate to handle all documents that will be sent electronically by making certain that: a. Their email service provider does not limit the size of attachments b. The Cameron County District Clerks' transmissions are not blocked. FAILURE OF COUNSEL TO MAINTAIN THEIR PERSONAL CONTACT INFORMATION OR FAILURE OF COUNSEL TO ENSURE THEIR ELECTRONIC POST OFFICE BOXES ARE ADEQUATE TO HANDLE ALL DOCUMENTS EMAILED TO THEM BY THE CAMERON COUNTY DISTRICT CLERK SHALL NOT SERVE AS GOOD CAUES ON A COMPLAINT FOR LACK OF NOTICE.

Service

Electronic service

A filer who electronically files or serves a document, or agrees to accept electronic service, must notify TexasOnline, the district clerk, and all case parties of any e-mail address change.

By virtue of electronically filing a document or serving a document or by agreeing to accept service, a filer additionally agrees to provide information regarding any change in his or her e-mail address to TexasOnline, the district clerk, and all parties in the case.

Notice may be served by a party, attorney of record, sheriff, constable, or any other competent witness.

(d) Who May Serve. Notice may be served by a party to the suit, an attorney of record, a sheriff or constable, or by any other person competent to testify.

Applies to

Electronically filed document

A document may be served on a party or attorney under subparagraph (2) if their email address is not on file with the electronic filing manager.

If the email address of the party or attorney to be served is not on file with the electronic filing manager, the document may be served on that party or attorney under subparagraph (2).

Applies to

Habeas application

Service

Mail to clerk

A change of address after filing must be reported to the district clerk of the convicting court.

You must notify the district clerk of the convicting district court county of conviction of any change in address after you have filed your application.

Service

Mail to all parties

A party receiving the court’s mailed written order is excused from separately notifying the other parties again.

If a party receives his copy of notice by written order mailed to parties from the clerk's office, the party is excused from providing duplicative notice to all parties.

Service

Electronic service

A filer may serve documents electronically by transmitting them to another party's e-mail address, subject to the circumstances stated in Rule 5.1(b), but may not use electronic service for the citation served upon filing of the cause of action.

In addition to the methods of serving documents (other than the citation to be served upon the filing of a cause of action) set forth in TEX. R. CIV. P. 21a, a filer may serve documents upon another party in the case by electronically transmitting the document to that party at the party's email address. Service in such a manner is known as "Electronic service," and is permissible in the circumstances set out in paragraph (b) below.

Service

Electronic service

Electronic service is optional, and a party who files electronically is not required to serve other parties electronically.

A party who electronically files a document is not required to electronically serve documents upon other parties. Electronic service of documents is an optional method of service.

Service

Electronic service

Electronic service is available for both traditionally filed and electronically filed documents.

A filer may electronically serve a document in instances where the document is traditionally filed as well as in instances where the document is electronically filed.

Service

Court service to all parties

The clerk may send case-related notices, orders, and other communications to parties electronically.

The clerk may send notices, orders, or other communications about the case to the party electronically.

Service

Personal service to all parties

A copy may be delivered personally to the party, authorized agent, or attorney of record unless the rules expressly provide otherwise.

Every notice required by these rules, and every pleading, plea, motion, or other form of request required to be served, except as otherwise expressly provided in these rules, may be served by delivering a copy to the party to be served, or the party’s duly authorized agent or attorney of record.

A party or attorney certificate, officer’s return, or other person’s affidavit showing service is prima facie evidence of service.

A certificate by a party or an attorney of record, or the return of the officer, or the affidavit of any other person showing service of a notice shall be prima facie evidence of the fact of service.

The service methods in this rule supplement all other service methods prescribed by the rules.

(f) Procedures Cumulative. These provisions hereof relating to the method of service of notice are cumulative of all other methods of service prescribed by these rules.

Service by fax is complete when the recipient receives the fax.

(3) Service by fax is complete on receipt.

Service

Electronic service

Electronic service is complete when the document is transmitted to the serving party’s electronic filing service provider, which will send confirmation of service.

(4) Electronic service is complete on transmission of the document to the serving party’s electronic filing service provider. The electronic filing manager will send confirmation of service to the serving party.

Service

Mail

On the date an appellate opinion is handed down, the appellate clerk must mail-send or deliver copies of the opinion and judgment to the trial judge, trial court clerk, regional administrative judge, and all parties to the appeal.

On the date when an appellate court’s opinion is handed down, the appellate clerk must mailsend or deliver copies of the opinion and judgment to the following persons: (a) the trial judge; (b) the trial court clerk; (c) the regional administrative judge; and (d) all parties to the appeal.