Comal County Courts at Law Service and Proof of Service Rules

Civil cases

Deadline

2 business days

Each party must furnish its proposed Charge of the Court to the Court and all other parties’ 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.

Civil cases

Applies to

Proposed judgment objection

A party objecting to a proposed judgment must provide all parties the reasons for the objection and any proposed new language.

Any party objecting to a proposed judgment shall do so within five (5) business days of the filing of the proposed judgment and shall provide to all parties the reasons for the objection and any proposed new language.

Civil cases

A party may not attend or request an emergency or ex parte hearing without first giving the opposing attorney or self-represented litigant notice after service, so they have 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.

Civil cases

Applies to

Proposed division of community estate

For a contested hearing involving division of the community estate, each party must provide the other party a proposed division identifying the property and debts to be divided 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.

Civil cases

Applies to

Financial statement

The parties must exchange the financial statement with opposing counsel.

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.

Civil cases

Applies to

Financial statements submitted for credit or loan

At contested child-support or spousal-maintenance hearings, each party must present the specified financial statements to opposing counsel as soon as practical, 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 statements) 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.

Civil cases

Applies to

Proposed judgment or order

The prevailing party or party assigned or agreeing to prepare 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.

Civil cases

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.

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.

Civil cases

A written objection to a setting must be served as well as filed by the applicable deadline.

If for good cause the opposing party cannot proceed to a hearing or final trial on the requested date, the party shall file and serve a written objection within five (5) days of receipt of notice of the setting, unless the hearing is requested within less than five (5) days, in which event, the written objection must be filed and served at least one (1) day prior to the hearing.

Civil cases

Applies to

Vacation and cle letter

If a counsel receives a request to attend a hearing in which they had previously filed vacation and/or CLE letters with appropriate Court personnel that complies with these rules, they shall immediately provide to the party requesting the setting a copy of the vacation and/or CLE letter along with a request to remove the matter from the requested setting date and notification to the appropriate Court personnel.

If a counsel receives a request to attend a hearing in which they had previously filed vacation and/or CLE letters with appropriate Court personnel that complies with these rules, they shall immediately provide to the party requesting the setting a copy of the vacation and/or CLE letter along with a request to remove the matter from the requested setting date and notification to the appropriate Court personnel.

Civil cases

Applies to

Inventory and appraisements

For a contested hearing involving property, each party must provide the other party a sworn Inventory and all necessary Appraisements at least 30 days before the hearing.

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.