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

CRITICAL

Applies to

Indictment

Immediately after an indictment is returned, the District Clerk, District Attorney, and Sheriff must cause a certified copy to be served on the accused.

Immediately following the return of an indictment, the District Clerk, District Attorney and Sheriff of the pertinent County shall cause a certified copy thereof to be served on the accused.

CRITICAL

All matters, including final pleadings and required discovery documents, shall be filed at least seven (7) days prior to the date the Final Pretrial Conference is scheduled or earlier if otherwise provided by law or order of the Court and shall be served on all opposing counsel and pro se parties with a copy provided to the Court.

All matters, including final pleadings and required discovery documents, shall be filed at least seven (7) days prior to the date the Final Pretrial Conference is scheduled or earlier if otherwise provided by law or order of the Court and shall be served on all opposing counsel and pro se parties with a copy provided to the Court.

CRITICAL

Applies to

Exhibits

Exhibits must be exchanged on the schedule set by the Scheduling Order or, if none was issued, at least three days before the Final Pretrial Conference.

All exhibits, including filings required by the Texas Rules of Evidence, shall be exchanged with all parties as ordered by the Scheduling Order in the case, or, if no scheduling order was issued, then such exhibits shall be exchanged not later than three (3) days prior to the Final Pretrial Conference;

CRITICAL

Applies to

Videotaped depositions

Unless the parties agree otherwise in writing or the Court orders otherwise, counsel intending to offer trial videotapes or films other than those offered solely for impeachment must make them available to opposing counsel and serve deposition page-and-line designations at least 14 days before the Final Pretrial Conference.

Unless otherwise expressly agreed upon by the parties in writing or order by the Court, counsel intending to offer videotaped depositions or other films or videotapes at trial, except those offered solely for impeachment, must make such videotapes and films available to opposing counsel and serve opposing counsel with page and line designations for videotaped depositions, not later than 14 days prior to the Final Pretrial Conference.

CRITICAL

Applies to

Videotaped deposition designations

Opposing counsel must serve the proffering attorney with page-and-line designations of the portions intended for trial at least 10 days before the Final Pretrial Conference.

Opposing counsel shall then serve the proffering attorney with page and line designations of any portion of the videotaped deposition he or she intends to introduce at trial not later than 10 days prior to the Final Pretrial Conference.

CRITICAL

Applies to

Videotaped deposition designations

The proffering attorney must serve opposing counsel with page-and-line designations of any further portions intended for trial at least seven days before the Final Pretrial Conference.

The proffering attorney shall then serve opposing counsel with page and line designations of any portion of the videotape deposition he or she further intends to introduce at trial not later than 7 days prior to the Final Pretrial Conference.

CRITICAL

Applies to

Videotapes or films

Parties and counsel must timely examine tendered videotapes or films and notify the Court and opposing counsel of admissibility objections.

All parties and counsel must timely examine any tendered videotapes or films and notify the Court and opposing counsel of any objections to the admissibility of any part of the videotape or film.

CRITICAL

An application for a temporary order and notice of its hearing must be served on the adverse party under Texas Rules of Civil Procedure 5 and 21a.

An application to the Court for a temporary order and notice of any hearing thereon shall be served on the adverse party in accordance with Rule 5 and Rule 21a of the Texas Rules of Civil Procedure, as amended.

CRITICAL

The Respondent must serve the Petitioner a copy of the completed composite inventory at least 7 days before trial.

The Respondent shall complete and file the composite inventory with the Court and serve a copy of the same on Petitioner not less than seven (7) days prior to trial.

WARNINGCivil cases

Parties in covered tax lawsuits must timely respond to discovery requests duly served by an opposing party.

but further notes that any party in a tax lawsuit under Texas Property Tax Code Chapters 31-34, that is duly served discovery requests by the opposing party, will still be fully and completely obligated to timely respond to any such party initiated discovery requests.