Court Rules

El Paso County District Courts Service and Proof of Service Rules

12 rules from official source documents

E-service, mail, personal service, proof of service, certificate, and timing requirements. This page is scoped to El Paso County District Courts; use the court rules overview to switch categories without leaving this court.

Process service must comply with Rule 103 of the Texas Rules of Civil Procedure.

Process service must be handled in accordance with Rule 103 of the Texas Rules of Civil Procedure.

Court-level rulesCRITICALOfficial source
Applies to
Papers
Service
Other to all parties

Self-represented litigants must provide copies of all filed papers to every other party or attorney.

Self-represented litigants shall be responsible for providing copies of all papers filed to all other parties or attorneys.

Court-level rulesCRITICALOfficial source
Applies to
Hearing notice

The requesting party must promptly serve all other parties with the hearing details and file a copy of the notice with the clerk.

The requesting party shall then promptly serve all other parties with notice of the date, time, and manner of the hearing and of the particular matter which will be considered at such time and shall file a copy of such notice with the clerk.

Court-level rulesCRITICALOfficial source
Service
Electronic service

Three days must be added to a prescribed post-service action period when the document is electronically served.

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.

Court-level rulesCRITICALOfficial source
Service
Electronic service

A document served electronically on another party must be served before filing or at the same time as filing.

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

Court-level rulesCRITICALOfficial source
Service
Electronic service

A filer electronically serving another party must file a written service certification stating the filer's contact information, recipient's e-mail address, service date and time, and that electronic transmission was reported complete.

(b) 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.

Court-level rulesCRITICALOfficial source
Applies to
Motion for default judgment or default order

A motion for default judgment or default order must include the return of service or proof of service.

Additionally, the parties and their counsel must attach the return of service or proof of service to the motion for default judgment or default order.

Judge Francisco X. DominguezCRITICAL
Service
Electronic service

A filer may serve documents electronically at another party's e-mail address only if that party has consented or the court has ordered electronic service.

(a) 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. (b) Documents may be electronically served upon a party only where that party has agreed to receive electronic service or where the court has ordered the parties to electronically serve documents.

Court-level rulesWARNINGOfficial source
Service
Electronic service

A filer who electronically files or serves documents, or agrees to accept service, must notify eFileTexas, the district clerk, and all 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 eFileTexas, the district clerk, and all parties in the case.

Court-level rulesWARNINGOfficial source
Required
Always
Service
Electronic service

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

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

Court-level rulesWARNINGOfficial source
Service
Electronic service

Electronic filing alone does not require electronic service unless the court orders the parties to serve electronically.

A party who electronically files a document is not required to electronically serve documents upon other parties unless the court has ordered the parties to electronically serve documents.

Court-level rulesINFOOfficial source
Service
Electronic service

Electronic service is permitted 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.

Court-level rulesINFOOfficial source
Common questions about El Paso County District Courts service and proof of service rules

What service or proof of service rules apply in El Paso County District Courts?

The rule addresses service method, recipient, or timing requirements. Process service must comply with Rule 103 of the Texas Rules of Civil Procedure.

View ruleSource: page 2, section RULE 1.03 PRIVATE SERVICE OF PROCESS

What rule applies to service for papers in El Paso County District Courts?

The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties. Self-represented litigants must provide copies of all filed papers to every other party or attorney.

View ruleSource: page 1, section RULE 1.02 SELF-REPRESENTED LITIGANTS

What rule applies to service for hearing notice in El Paso County District Courts?

The rule addresses service method, recipient, or timing requirements. The requesting party must promptly serve all other parties with the hearing details and file a copy of the notice with the clerk.

View ruleSource: page 4, section RULE 3.03 REQUEST FOR HEARINGS, NON-JURY TRIAL SETTINGS, AND OTHER NON-JURY APPEARANCES

What rule applies to service for motion for default judgment or default order in El Paso County District Courts?

Proof of service is required for the covered service rule. Details: timing: at filing. A motion for default judgment or default order must include the return of service or proof of service.

View ruleSource: page 1, section Standing Order on Motions for Default Judgment

What rule applies to e-service in El Paso County District Courts?

The rule addresses service method, recipient, or timing requirements. Details: method: e-service. Three days must be added to a prescribed post-service action period when the document is electronically served.

View ruleSource: page 8, section Rule 5.3 Time for Action After Service

What rule applies to e-service in El Paso County District Courts?

Proof of service is required for the covered service rule. Details: method: e-service. A filer electronically serving another party must file a written service certification stating the filer's contact information, recipient's e-mail address, service date and time, and that electronic transmission was reported complete.

View ruleSource: page 8, section Rule 5.4 Certification of Service