Erath County District Court Service and Proof of Service Rules

CRITICAL

A copy of a setting request must be served on all counsel and pro se parties.

e. That a copy of the request has been served on all counsel and pro se parties.

CRITICAL

Defense counsel must give written notice to the District Attorney and District Clerk immediately upon employment or Court appointment.

Immediately upon employment or Court appointment, the defense attorney shall give written notice thereof to the District Attorney and the District Clerk stating the name of the accused, the offense(s) charged and cause number, if known.

CRITICAL

Copies of all pre-trial motions must be forwarded to the District Attorney when the originals are filed with the District Clerk.

Copies of all pre-trial motions shall be forwarded to the District Attorney at the time of filing the originals with the District Clerk.

CRITICAL

A copy of each pre-trial motion must be forwarded to the Court.

All pre-trial motions shall be filed not less than three (3) days prior to the pretrial hearing and a copy thereof shall be forwarded to the Court and to opposing counsel.

CRITICAL

After receiving the hearing date and time, the moving party must immediately give all other parties written notice stating the hearing date, time, and subject matter.

Upon receiving the date and time of hearing, the moving party shall immediately notify all other parties in writing of the date, time and subject matter of the hearing. A copy of this communication shall be provided to the Court Administrator.

CRITICAL

The moving party must provide the Court Administrator with a copy of the written hearing notice.

A copy of this communication shall be provided to the Court Administrator.

CRITICAL

Applies to

Motion

Service

Mail to opposing party

Such motion shall be accompanied by the client's written consent to such withdrawal or a certificate by another lawyer that he has been employed to represent the client in the case, or a copy of such motion shall be mailed to the client at his last known address, with a letter advising that the motion will be presented to the Court on or after a certain hour, not less than five (5) days after mailing the letter, and that any objection to such withdrawal should be made to the Court in writing before such time and a copy of such letter shall be attached to such motion. A copy of such motion shall be mailed to opposing counsel.

Such motion shall be accompanied by the client's written consent to such withdrawal or a certificate by another lawyer that he has been employed to represent the client in the case, or a copy of such motion shall be mailed to the client at his last known address, with a letter advising that the motion will be presented to the Court on or after a certain hour, not less than five (5) days after mailing the letter, and that any objection to such withdrawal should be made to the Court in writing before such time and a copy of such letter shall be attached to such motion. A copy of such motion shall be mailed to opposing counsel.

CRITICAL

Service

Mail

After leave to withdraw is granted, the attorney must send the client a specified letter by certified mail and send copies to opposing counsel and the Clerk.

After leave is granted, the withdrawing attorney shall send the client a letter by certified mail notifying him of the withdrawal, stating any settings for trial or otherwise and advising him to secure other counsel, and shall send a copy of such letter to opposing counsel and the Clerk of the Court.

CRITICAL

A party submitting a proposed judgment for signature must serve it and a copy of the accompanying letter on all other parties who have appeared and remain in the case.

Each party who submits a proposed judgment for signature shall serve the proposed judgment and a copy of the letter on all other parties who have appeared and remain in the case.

WARNING

Service

Mail to opposing party

The setting request form states that all other attorneys and pro se parties in the case are being mailed a copy of the request on that date.

All other attorneys (and/ or prose parties) in this case on this date are being mailed a copy of this request for setting.