Collin County District Courts Service and Proof of Service Rules

Deadline

10 calendar days

Service

Mail

A withdrawal motion may proceed without a hearing when the client receives notice of the right to object within ten days, the attorney certifies service by certified and regular mail to the last known address, and no objection is filed.

(2) the motion is accompanied by a letter that notifies the client of the client’s right to object to the withdrawal within ten days of the date that the letter was mailed; the withdrawing attorney certifies that the motion and letter were sent to the client’s last known address by certified and regular mail; and no objection is filed.

The submitting attorney must certify transmission of the temporary order and objection letter to opposing counsel by eFile or to the opposing party at the last known address or previously used email address, and no objection may be filed.

(2) the submitting attorney certifies that the order and letter were sent to the opposing counsel via eFile, or to the opposing party at their last known address and/or email address if there is previous correspondence with the opposing party via that email; and (3) no objection is filed.

Applies to

Exhibits

Service

Email

Hearing exhibits must be emailed to all parties, the court reporter, and the Court Coordinator no later than noon on the day before the hearing.

If you intend to offer any exhibits during the hearing you need to email them to all parties, the court reporter (DMoses@co.collin.tx.us) and the Court Coordinator Sjanway@co.collin.tx.us) not later than 12:00 p.m. the day before the hearing.

Applies to

Exhibits

Service

Email to court

The court will not consider exhibits that were not timely emailed to the court reporter.

The Court cannot consider any exhibits not emailed to the court reporter in a timely manner.

In divorce cases, each party must serve the required sworn inventory on the other party within 30 days after the order.

Sworn Inventory: For Divorce cases, each party shall serve the other party within 30 days of this Order with a sworn inventory setting forth a description and value of all property (real or personal; community, separate, and mixed) owned or claimed by the parties and a list of all debts (stating the creditor and amount) owed by the parties

Applies to

Exhibits

Service

Email to all parties

Exhibits must be emailed to all counsel of record and any self-represented opposing party by noon on the day before the hearing.

If an attorney (or self-represented party) intends to offer exhibits during the hearing, the person must email the exhibits (as attachments) to all counsel of record and any self- represented opposing party; to the Court Reporter (kkimbrell@co.collin.tx.us); and to the Court (380@co.collin.tx.us) no later than 12:00 p.m. the day before the hearing.

Applies to

Amended pleadings

Parties must serve all other parties with amended pleadings asserting new claims or defenses by the specified amended-pleadings deadline.

Parties shall file with the Court and serve all other parties with any amended pleadings asserting new causes of action/claims for affirmative relief or defenses by this date.

Applies to

Joinder pleading

A party joining an additional party must serve the new party with a copy of the order concurrently with the joinder pleading.

The party joining an additional party must serve a copy of this Order on the new party concurrently with the pleading joining the new party.

Applies to

Scheduling order

A party joining an additional party must serve the scheduling order on the new party concurrently with the joinder pleading.

NOTE: The party joining an additional party must serve a copy of this Order on the Date: new party concurrently with the pleading joining the new party.

Applies to

Expert designation

A party seeking affirmative relief must serve its expert designation and provide written expert reports by the section's 120-days-before-trial deadline.

EXPERT DESIGNATIONS OF PARTY SEEKING AFFIRMATIVE RELIEF. Parties seeking affirmative relief shall serve his/her/its designation of experts and provide written reports of such experts.

Applies to

Expert designation

A party opposing affirmative relief must serve its expert designation and provide written expert reports by the section's 90-days-before-trial deadline.

EXPERT DESIGNATIONS OF PARTY OPPOSING AFFIRMATIVE RELIEF. Trial Setting Parties opposing affirmative relief shall serve his/her/its designation of experts and provide written reports of such experts.

Applies to

Rebuttal expert designation

Parties seeking affirmative relief must serve their rebuttal expert designations and provide written reports of those experts.

DESIGNATION OF REBUTTAL EXPERTS. Parties seeking affirmative relief shall Trial Setting serve his/her/its designation of rebuttal experts and provide written reports of such experts.

Applies to

Sworn inventory

In divorce cases, each party must serve the other party with a sworn inventory within 30 days of the order.

 Sworn Inventory: For Divorce cases, each party shall serve the other party within 30 days of this order with a sworn inventory setting forth a description, identification of characterization (community; separate; mixed) and value of all property (real or personal) owned or claimed by the parties and a list of all debts (stating the creditor and amount) owed by the parties.

All other parties must be served with amended pleadings asserting new causes of action or defenses.

Amended Pleadings – Parties shall file with the Court and serve all other parties with any amended pleadings asserting new causes of action or defenses no later than thirty (30) days before the end of the discovery period.

Applies to

Sworn inventory

In divorce cases, each party must serve the other party with the required sworn inventory within 30 days after the order.

For Divorce cases, each party shall serve the other party within 30 days of this order with a sworn inventory setting forth a description, identification of characterization (community; separate; mixed) and value of all property (real or personal) owned or claimed by the parties and a list of all debts (stating the creditor and amount) owed by the parties.

Service

Court service to agency

If the OAG was previously a party, it must be served with all pleadings and noticed for all hearings and trial until the court orders otherwise or the OAG asks to be excused.

If the OAG was ever a party in the case, the OAG must be served with all pleadings and noticed for all hearings and trial until further order of the Court or until the OAG requests to be excused.

Proof of notice must be filed or offered as a court-reporter exhibit before proceeding with a motion or hearing without the opposing side present.

If you want to go forward on a motion/hearing without the other side present, you must tender proof of notice to the court either by filing your proof of notice or by offering it as an exhibit for the court reporter.

Applies to

Amended pleadings

Amended pleadings asserting new claims, affirmative relief, or defenses must be filed with the court and served on all other parties by the stated deadline.

Parties shall file with the Court and serve all other parties with any amended pleadings asserting new causes of action/claims for affirmative relief or defenses by this date.

Applies to

Pleading

A party joining an additional party must serve the order on the new party concurrently with the pleading that joins the party.

The party joining an additional party must serve a copy of this Order on the new party concurrently with the pleading joining the new party.

Amended pleadings asserting new claims or defenses must be filed with the court and served on all other parties by the stated deadline.

Parties shall file with the Court and serve all other parties with any amended pleadings asserting new causes of action/claims for affirmative relief or defenses by this date.

Applies to

Sworn inventory

In divorce cases, each party must serve a sworn inventory on the other party within 30 days after the order.

Sworn Inventory: For Divorce cases, each party shall serve the other party within 30 days of this Order with a sworn inventory setting forth a description and value of all property (real or personal; community, separate, and mixed) owned or claimed by the parties and a list of all debts (stating the creditor and amount) owed by the parties

Service

Email to all parties

If evidence is emailed, it must be sent to all parties, the court reporter, and the court officer no later than noon on the day before the hearing.

Or if you need to email evidence, ensure you email to all parties, the court reporter (kbounds@co.collin.tx.us ) and the court officer (rwilley@co.collin.tx.us ) not later than 12 :00 p.m. the day before the hearing.

Service

Email to all parties

Evidence emailed instead of submitted through Dropbox must be sent to all parties, the court reporter, and the court officer by noon on the day before the hearing.

Or if you need to email evidence, ensure you email to all parties, the court reporter (kbounds@co.collin.tx.us ) and the court officer (rwilley@co.collin.tx.us ) not later than 12 :00 p.m. the day before the hearing.

Applies to

Scheduling order

A party joining an additional party must serve the scheduling order on the new party concurrently with the joinder pleading.

NOTE: The party joining an additional party must serve a copy of this Order on the new party concurrently with the pleading joining the new party.

Applies to

Amended pleadings

Service

Other to all parties

Amended pleadings asserting new claims, affirmative relief, or defenses must be filed with the court and served on all other parties by the scheduling-order deadline.

AMENDED PLEADINGS. Parties shall file with the Court and serve all other parties with any amended pleadings asserting new causes of action/claims for affirmative relief or defenses by this date.

Applies to

Amended pleadings

Amended pleadings asserting new claims, affirmative relief, or defenses must be filed with the court and served on all other parties by the scheduling-order deadline.

Parties shall file with the Court and serve all other parties with any amended pleadings asserting new causes of action/claims for affirmative relief or defenses by this date.

Applies to

Scheduling order

A party joining an additional party must serve the scheduling order on the new party concurrently with the joinder pleading.

The party joining an additional party must serve a copy of this Order on the Date: new party concurrently with the pleading joining the new party.

Applies to

Expert designation

Parties seeking affirmative relief must serve their expert designations and provide the experts' written reports by the scheduling-order deadline.

Parties Initial Trial Setting seeking affirmative relief shall serve his/her/its designation of experts and provide written reports of such experts.

Applies to

Expert designation

Parties opposing affirmative relief must serve their expert designations and provide the experts' written reports by the scheduling-order deadline.

Parties opposing affirmative relief shall serve his/her/its designation of experts and provide written reports of such experts.

Applies to

Rebuttal expert designation

Parties seeking affirmative relief must serve their rebuttal-expert designations and provide written reports by the scheduling-order deadline.

Parties Initial Trial Setting seeking affirmative relief shall serve his/her/its designation of experts and provide written reports of such experts.

Parties must serve all other parties with amended pleadings asserting new causes of action or defenses by the stated deadline.

Parties shall file with the Court and serve all other ______________ parties with any amended pleadings asserting new causes of action or defenses no later (Date) than this date.

Applies to

Gag order copy

Within seven days after entry of the order, each party's counsel must serve all Covered Persons and file a Certificate of Compliance confirming notice.

Within seven (7) days of this Order, counsel for each party shall serve a copy on all Covered Persons and file a Certificate of Compliance confirming notice.

Before finalizing a case, verify that either a signed and notarized respondent waiver of service has been filed or citation has been served with the return on file for at least 10 days and the answer date passed, or that the respondent has answered; service must comply with the Texas Rules of Civil Procedure.

To finalize any case, you must first verify that: 1. A signed and notarized Waiver of Service by the Respondent has been filed with the District Clerk; or 2. The respondent has been served with citation, the citation return has been on file at least 10 days and respondent’s answer date has passed, or any time after respondent has filed an answer. (Service must be accomplished in compliance with the Texas Rules of Civil Procedure).

Applies to

Exhibits

Service

Email

Exhibits intended for a remote hearing must be emailed to all parties, the 494th Court, and the official reporter by noon on the day before the hearing.

If you intend to offer any exhibits during the Remote Hearing, please email them to all parties, the 494th Court’s email (494@co.collin.tx.us) and the court’s official reporter, Coral Wahlen (cwahlen@co.collin.tx.us), by noon the day before the hearing.

Applies to

Pleading

Every pleading filed with the court must be sent to the opposing attorney or, if that party is unrepresented, to the opposing party.

You must send a copy of every pleading you file with the court to the opposing attorney, or party (if they do not have an attorney).

The party seeking a final hearing must ensure that all opposing parties or attorneys receive timely notice of the trial setting in compliance with the Texas Rules of Civil Procedure.

It is your responsibility to ensure that all opposing parties or attorneys have received timely notice of the trial setting pursuant to and in compliance with the Texas Rules of Civil Procedure.

The filing party is responsible for ensuring that all opposing parties or attorneys receive timely notice of the trial setting in compliance with the Texas Rules of Civil Procedure.

It is your responsibility to ensure that all opposing parties or attorneys have received timely notice of the trial setting pursuant to and in compliance with the Texas Rules of Civil Procedure.

Applies to

Joinder pleading

A party joining an additional party must serve the scheduling order on the new party concurrently with the joinder pleading.

Note: The party joining an additional party must serve a copy of this Order on the new after service party concurrently with the pleading joining the new party.

Applies to

Notice of hearing

Service

Mail to all parties

Notice of the summary judgment hearing must be mailed to the parties and filed into the case electronically.

Notice of hearing will be mailed to the parties and filed into the case via efile.

All parties must be served or have waivers on file by the Initial Permanency Hearing date, and Petitioner must provide written proof of due diligence for unserved parties on that date.

All parties must be served or have waivers on file by this date. For parties not served, Petitioner shall provide written proof of due diligence on this date.

Applies to

Proof of notice

To proceed without the opposing side present, a party must provide the court with proof of notice by filing it or offering it as an exhibit to the court reporter.

If you want to go forward on a motion/hearing without the other side present, you must tender proof of notice to the court either by filing your proof of notice or by offering it as an exhibit for the court reporter.

Deadline

24 hours

Applies to

Exhibits

Service

Email to opposing party

Proposed hearing exhibits must be pre-marked and exchanged by email with opposing parties at least 24 hours before the hearing, and the parties should confer in advance when possible regarding admissibility.

All proposed exhibits to be used at the hearing shall be pre- marked (Applicants may use the numbering system, e.g., A-1, A-2, A-3, etc. and Respondent may use the numbering system, e.g., R-1, R-2, R-3, etc.). Parties shall exchange exhibits by email 24 hours prior to the hearing and shall confer in advance of the hearing, when possible, to determine agreements as to admissibility.

Deadline

24 hours

Applies to

Exhibits

Service

Email to opposing party

Parties must exchange proposed exhibits by email at least 24 hours before the protective order hearing.

Parties shall exchange exhibits by email 24 hours prior to the hearing

Before finalizing a case, the respondent must have filed a signed and notarized waiver of service, or service by citation must comply with the Texas Rules of Civil Procedure and the citation return must have been on file for at least 10 days with the answer date passed or an answer filed.

To finalize any case, you must first verify that: 1. A signed and notarized Waiver of Service by the Respondent has been filed with the District Clerk; or 2. The respondent has been served with citation, the citation return has been on file at least 10 days and respondent’s answer date has passed, or any time after respondent has filed an answer. (Service must be in compliance with the Texas Rules of Civil Procedure).

The pro se litigant is responsible for ensuring that all opposing parties or attorneys receive timely notice of the trial setting in compliance with the Texas Rules of Civil Procedure.

It is your responsibility to ensure that all opposing parties or attorneys have received timely notice of the trial setting pursuant to and in compliance with the Texas Rules of Civil Procedure.

Applies to

Emergency ex parte relief

Emergency ex parte relief must comply with local rules on notice, service, and sufficient response time.

Emergency ex parte relief must comply with the Collin County local rules regarding notice, service, and sufficient time to respond.

Applies to

Proof of notice

Service

Court service

Proof of notice must be tendered by filing it or offering it as an exhibit when proceeding without the opposing side present.

If you want to go forward on a motion/hearing without the other side present, you must tender proof of notice to the court either by filing your proof of notice or by offering it as an exhibit for the court reporter.

The State must receive notice before a bond hearing conducted during Thursday or Friday docket.

However, State must be given notice prior to the hearing.

Notice of the order must be posted outside the courtroom and served upon lead counsel.

Notice of this order shall be given by its posting outside the courtroom and service upon lead counsel.

Service

Email to opposing party

The sender should copy opposing counsel or the self-represented litigant when emailing the Court.

Please also copy opposing counsel (or the self-represented litigant) when emailing the Court.

Applies to

Remote hearing request email

Service

Email to opposing party

The remote-hearing request should copy opposing counsel or self-represented parties and include the email addresses of all participating parties and witnesses.

The request should copy opposing counsel (or self-represented parties), and include emails of all parties and witnesses participating.

Applies to

Amended pleadings

Service

Other to opposing party

Every party seeking to assert a new claim or defense through an amended pleading must serve all other parties when filing it with the court.

Parties shall file with the Court and serve all other parties with any amended pleadings asserting new causes of action/claims for affirmative relief or defenses by this date.

Applies to

Notice of dismissal

Service

Mail

Dismissal-for-want-of-prosecution notices will be mailed for cases lacking dispositive activity after 90 days.

Dismissal for Want of Prosecution notices will be mailed out on cases with no dispositive activity after 90 days.

Service

Electronic service

Documents already electronically filed and accepted into the court’s file do not need to be sent to the court again.

Documents which have been e-filed and accepted into the Courts file need not be re-sent to the Court.

Applies to

Exhibits

Service

Email

Documents already electronically filed and accepted into the court file need not be resent to the court's email address.

Documents which have been e-filed and accepted into the Courts file do not need to be re-sent to the Court’s email.