Fort Bend County, TX Service and Proof of Service Rules

CRITICAL

Before dismissing a case for want of prosecution, notice of intent to dismiss must be given under Rule 165a to attorneys of record and pro se parties whose addresses appear in the docket or file papers.

8.1 At least once each year cases shall be dismissed for want of prosecution. Notice of intention to dismiss shall be given in accordance with Rule 165a, T.R.C.P., to all attorneys of record, and to pro se parties whose addresses are shown on the docket or in the papers of the file.

CRITICAL

An attorney or pro se party must file an appropriate initial pleading and promptly furnish a true copy to the opposing attorney or pro se party, as applicable.

Any attorney representing a party or a pro se party in a case shall file an appropriate initial pleading with the court, be it a Petition, Answer, Notice of Appearance as Attorney of Record, or Motion and Order for Substitution of Counsel and promptly furnish a true copy thereof to opposing attorney or pro se party, as applicable.

CRITICAL

The petitioner or movant must provide the scheduling order to each party, including pro se parties, who has made or makes a general appearance in the pending case.

Notwithstanding the foregoing, it shall also be the duty of the Petitioner or Movant in a pending case in which a Scheduling Order has been issued to provide a copy of the Scheduling Order to each party, including pro se parties, who has made or makes a general appearance in the pending case.

CRITICAL

Required disclosures must be furnished to opposing counsel or, if the opposing party is pro se, directly to that party at their address.

The disclosures required under this rule shall be made by furnishing the information to the opposing party's attorney of record or, if the opposing party is pro se, by furnishing the disclosures to the opposing party at the party's address.

CRITICAL

The requestor must provide the oral-hearing notice to all adverse parties or their counsel.

The notice of oral hearing shall state the time and date and be provided to all adverse parties or their counsel, by the requestor.

CRITICALCivil cases

A party joining an additional party must serve that party with a copy of the Order at the same time as the joining pleading.

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

CRITICALCivil cases

Plaintiff or plaintiff’s counsel must serve currently named defendants with a copy of the Order.

Plaintiff/Plaintiff’s counsel shall serve a copy of this Order on any currently named defendant(s).

CRITICAL

Applies to

Hearing notice

The scheduling party must notify all parties, and the notice must include the WebEx link, meeting number, and password.

The scheduling party is responsible for noticing all parties. The notice must include the WebEx meeting link, meeting number, and password.

CRITICAL

When an emergency hearing is granted, the movant must provide proper notice to all parties.

If an emergency hearing is granted, the movant is responsible for providing proper notice of the hearing to all parties.

CRITICAL

The Notice of Hearing must be served on the non-movant.

The Notice of Hearing shall be filed at least 21 days before the hearing date and served on the non-movant.

CRITICAL

The movant is responsible for serving the Notice of Hearing on the non-moving party.

It is the responsibility of the movant to serve the Notice of Hearing on the non-moving party.

CRITICAL

Service

Mail to opposing party

The Notice of Hearing for a default judgment motion must be sent by regular mail and certified mail, return receipt requested.

The Court requires the Notice of Hearing to be mailed by regular mail and certified mail, return receipt requested.

CRITICAL

Applies to

Notice of trial

The Plaintiff must send a Notice of Trial to all parties; the method is not specified.

The Plaintiff is required to send a Notice of Trial to all parties involved.

CRITICAL

The movant must give proper written hearing notice to the Court and all parties and timely advise opposing counsel if passing the hearing.

It is the movant’s responsibility to provide proper written notice of the hearing to the Court and to all parties. It is also the movant’s responsibility to timely advise opposing counsel if he/she is passing the hearing.

CRITICAL

If an emergency hearing is granted, the movant must provide proper notice to all parties.

If an emergency hearing is granted, the movant is responsible for providing proper notice of the hearing to all parties.

CRITICAL

Before docket call, the parties must exchange proposed jury charges, motions in limine, exhibit lists and exhibits, party/attorney lists, witness lists, and deposition excerpts.

1. The Court requires the parties to exchange proposed jury charges, motions in limine, exhibit lists, actual exhibits, party/attorney lists, witness lists, and deposition excerpts BEFORE the docket call, which is usually conducted by the coordinator by email the Friday that is 10 days before the trial date.

CRITICAL

Applies to

Notice of hearing

Opposed Motions will be set for hearing or other consideration on dates provided by the Court Coordinator. Movant should contact the Court Coordinator to obtain and hearing date. It is also incumbent upon the movant to file and serve a Notice of Hearing on such motions.

Opposed Motions will be set for hearing or other consideration on dates provided by the Court Coordinator. Movant should contact the Court Coordinator to obtain and hearing date. It is also incumbent upon the movant to file and serve a Notice of Hearing on such motions.

CRITICAL

The movant must provide written notice of the hearing to the Court and all parties, including the date and time for expedited hearings.

It is the movant’s responsibility to provide proper written notice of the hearing to the Court and to all parties, including the hearing date/time for expedited hearings.

CRITICAL

Service

Mail

Orders granting the specified substituted service must require copies of the Citation, Petition, and R106 Order to be sent by both certified and regular U.S. mail.

All Orders granting a R106 Motion for Substituted Service that allows for service by delivering the Citation and Petition to any person over age 16 or by leaving the Citation and Petition on the door/gate of the residence MUST ALSO INCLUDE the movant sending a copy of the Citation, Petition and the R106 Order to the Defendant(s) being served utilizing BOTH certified mail and regular US Mail.

CRITICAL

Applies to

Docket control order

The party causing joinder must add and serve all parties by the specified date and provide them a copy of the Docket Control Order at service.

All parties must be added and served, whether by amendment or third-party practice, by this date. THE PARTY CAUSING THE JOINDER SHALL PROVIDE A COPY OF THIS DOCKET CONTROL ORDER AT THE TIME OF SERVICE.

CRITICAL

Applies to

Expert witness designation

Expert witness designations must be served by the dates specified in the order.

Expert witness designations are required and must be served by the following dates.

CRITICAL

Service

Personal service

For divorce cases with children and no waiver, proof of personal service must be filed and on file 10 days before the hearing.

Proof of PERSONAL service is required. The proof must be filed and be on file 10 days before a hearing.

CRITICAL

Service

Personal service

When there is no waiver and no children, personal service is required and proof must be filed and on file 10 days before the hearing.

Proof of PERSONAL service is required. The proof must be filed and be on file 10 days before a hearing.

CRITICAL

Applies to

Financial information statement

If financial matters are at issue, Financial Information Statements must be filed and exchanged before the contested hearing.

Financial Information Statements (FIS) shall be filed and exchanged PRIOR to a contested hearing if financial matters are at issue (i.e. child support, community debts, temporary spousal maintenance, etc.).

CRITICAL

Give legal notice to the other party or parties, including the OAG if applicable, by service of citation or process, waiver of service, or service by publication, which requires court approval.

Give Legal Notice of the Lawsuit to the Other Party or Parties, including the OAG, if applicable, in one of the following ways: Service of Waiver of *Service by Publication Citation/Process Service *Requires Court Approval

CRITICAL

Verify that proof of service is on file with the District Clerk’s Office.

Verify Proof of Service is on file with the District Clerk’s Office

CRITICAL

The Clerk prepares and issues the Citation, which is served on the Respondent by a Licensed Process Server or Law Enforcement Agency at the beginning of the case.

6) Citation – Is a document separate from the Petition itself, but is attached to the Petition that was filed in the lawsuit. The Citation informs the Respondent about the deadline to file an Answer in the lawsuit, and contains language about the possibility of a default judgment if the Respondent does not to file an Answer by the deadline. The Citation is prepared and issued by the Clerk of the Court and is served on the Respondent by a Licensed Process Server or Law Enforcement Agency at the beginning of a case.

CRITICAL

A Return of Service is a written statement filed with the Court by a Licensed Process Server or Law Enforcement Agency confirming that the Respondent was served with Citation.

24) Return of Service – Is a written statement to the Court filed by a Licensed Process Server or Law Enforcement Agency confirming the Respondent was Served with Citation.

CRITICAL

The respondent must be personally served with the citation and petition by a licensed process server or constable, unless the respondent signs and files a waiver; the petitioner may not hand-deliver them.

Service/Service of Process – The Respondent is required to be Personally Served with a Citation and a copy of the Original Petition by a Licensed Process Server or by the Constable’s Office which is official/legal notice that the lawsuit has been filed. (The Petitioner cannot hand-deliver these papers to the Respondent.) Service is not necessary if the Respondent signs and files a Waiver of Service.

CRITICAL

Notice and proof of notice to the opposing attorney or party must comply with the Texas Rules of Civil Procedure.

Notice and proof of notice to the opposing attorney/party shall be pursuant to the Texas Rules of Civil Procedure.

CRITICAL

Deadline

1 business days

Exhibits and exhibit lists must be exchanged with the opposing party by noon on the business day before the hearing; late exhibits are barred except for rebuttal exhibits or by agreement, and an approved Scheduling Order controls.

Exhibits and Exhibit Lists must be exchanged (submitted to the opposing party) by 12:00 PM THE BUSINESS DAY BEFORE THE HEARING. The submission or exchange of exhibits after the deadline will not be permitted unless they are rebuttal exhibits and/or the parties have agreed. *This does not apply to cases under an approved Scheduling Order. In those cases, the Scheduling Order will control.

CRITICAL

Notice of a submission hearing must be served at least 10 days before the hearing, or earlier if required by statute or rule, and proof of notice must be filed before the submission date.

NOTICE OF SUBMISSION HEARING: Notice of the submission hearing must be served at least 10 days before the date of the hearing, or more if required by statute or rule. ... Proof of notice must be filed prior to the submission date.

CRITICAL

The parties must exchange the listed final-trial financial disclosures and proposed materials no later than ten days before trial begins.

Each party's final Sworn Inventory, Financial Information Statement and financial information required under the Tex. Fam. Code including, but not limited to, the party's income tax returns for the past two years and the party's two most recent payroll stubs, last statement furnished to the employee concerning the employee's rights and monetary interest in each retirement and savings plan, Proposed Child Support Calculation, Proposed Division of Property, and Proposed Requested Relief SHALL be exchanged no later than ten (10) days before commencement of final trial.

CRITICAL

Deadline

1 business days

Exhibits must be pre-marked, exchanged, and provided in copies to counsel and self-represented litigants by noon on the business day before any hearing or trial.

Exhibits shall be pre-marked, exchanged and copies provided to all counsel and self-represented litigants by 12 noon on the business day before any hearing or trial.

CRITICAL

Deadline

1 business days

For Temporary Orders hearings involving disputed child or spousal support, the parties must exchange the listed financial documents by noon on the business day before the hearing.

In any hearing for Temporary Orders in which child or spousal support is in dispute, the parties SHALL exchange by 12 noon on the business day before the hearing a Financial Information Statement, income tax returns for the previous two years, each party's two most recent payroll stubs, and Proposed Support Calculations.

CRITICAL

Notice and proof of notice to opposing counsel and self-represented litigants must comply with the Texas Rules of Civil Procedure and be filed.

Notice and proof of notice to opposing counsel and self-represented litigants shall be pursuant to the Texas Rules of Civil Procedure and shall be filed.

CRITICAL

Deadline

1 business days

For all Temporary Orders hearings, the parties must exchange Proposed Requested Relief by noon on the business day before the hearing.

For all hearings for Temporary Orders, the parties SHALL exchange by 12 noon on the business day before the hearing Proposed Requested Relief.

CRITICAL

Notice and proof of notice to opposing counsel and self-represented litigants must comply with the Texas Rules of Civil Procedure and be filed.

c. Notice and proof of notice to opposing counsel and self-represented litigants shall be pursuant to the Texas Rules of Civil Procedure and shall be filed

CRITICAL

Information required by the Jury Trial Preparation Order must be furnished to the Court and exchanged with counsel and self-represented litigants at least three days before the pretrial conference.

All information set forth in the Jury Trial Preparation Order shall be furnished to the Court and exchanged with all counsel and self-represented litigants at least three (3) days before the Pretrial Conference.

CRITICAL

Applies to

Notice of submission

Movants must serve notice of a submission setting at least ten days before the hearing, longer if required by law, and must serve a new notice for an amended motion.

Movants must serve the notice of submission setting at least ten (10) days before the date of the hearing, or more if required by statute or rule. An amended motion requires a new 10-day notice of submission setting.

CRITICAL

Responses must be served at least three days before submission, or earlier if required by statute or rule.

Responses must be filed and served at least three (3) days before the submission date, or earlier if required by statute or rule.

CRITICAL

Proposed orders must be sent to opposing counsel or the self-represented litigant five days before the entry date, unless the Court sets a shorter period.

b. Proposed Orders must be sent to the opposing counsel or self-represented litigant five (5) days prior to the entry date, unless the Court sets a shorter time period.

CRITICAL

Deadline

1 business days

For every Temporary Orders hearing, the parties must exchange Proposed Requested Relief by noon on the preceding business day.

For all hearings for Temporary Orders, the parties SHALL exchange by 12 noon on the business day before the hearing Proposed Requested Relief.

CRITICAL

Each party must exchange the specified final-trial financial materials and proposed documents no later than ten days before trial begins.

Each party's final Sworn Inventory, Financial Information Statement and financial information required under the Tex. Fam. Code including, but not limited to, the party's income tax returns for the past two years and the party's two most recent payroll stubs, last statement furnished to the employee concerning the employee's rights and monetary interest in each retirement and savings plan, Proposed Child Support Calculation, Proposed Division of Property, and Proposed Requested Relief SHALL be exchanged no later than ten (10) days before commencement of final trial.

CRITICAL

Deadline

1 business days

The Exhibit List and Witness List must be exchanged and filed with the clerk by noon on the business day before any hearing or trial.

Exhibit List and Witness List SHALL be exchanged and filed with the clerk by 12 noon on the business day before any hearing or trial.

CRITICAL

Deadline

1 business days

Exhibits must be pre-marked, exchanged, and copied for all counsel and self-represented litigants by noon on the business day before any hearing or trial.

Exhibits shall be pre-marked, exchanged and copies provided to all counsel and self-represented litigants by 12 noon on the business day before any hearing or trial.

CRITICAL

Notice and proof of notice to opposing counsel and self-represented litigants must comply with the Texas Rules of Civil Procedure and be filed.

Notice and proof of notice to opposing counsel and self-represented litigants shall be pursuant to the Texas Rules of Civil Procedure and shall be filed.

CRITICAL

Applies to

Notice

Notice and proof of notice to opposing counsel and self-represented litigants must comply with the Texas Rules of Civil Procedure and be filed.

Notice and proof of notice to opposing counsel and self-represented litigants shall be pursuant to the Texas Rules of Civil Procedure and shall be filed

CRITICAL

Applies to

Notice of submission

Movants must serve the notice of submission setting at least ten (10) days before the date of the hearing, or more if required by statute or rule.

Movants must serve the notice of submission setting at least ten (10) days before the date of the hearing, or more if required by statute or rule.

CRITICAL

Applies to

Notice of submission

An amended motion requires a new notice of submission setting with 10 days' notice.

An amended motion requires a new 10-day notice of submission setting.

CRITICAL

Responses must be served at least three days before the submission date, or earlier if required by statute or rule.

Responses must be filed and served at least three (3) days before the submission date, or earlier if required by statute or rule.

CRITICAL

Applies to

Proposed order

A proposed order must be sent to opposing counsel or the self-represented litigant five days before entry, unless the Court sets a shorter period.

Proposed Orders must be sent to the opposing counsel or self-represented litigant five (5) days prior to the entry date, unless the Court sets a shorter time period.

CRITICAL

Deadline

1 business days

When child or spousal support is disputed at a Temporary Orders hearing, the parties must exchange the listed financial materials by noon on the preceding business day.

In any hearing for Temporary Orders in which child or spousal support is in dispute, the parties SHALL exchange by 12 noon on the business day before the hearing a Financial Information Statement, income tax returns for the previous two years, each party's two most recent payroll stubs, and Proposed Support Calculations.

WARNING

A dismissal order must be followed by postcard notification under Rule 306d; dismissal occurs on or after the stated date unless good cause is shown.

8.3 Without good cause shown, such cases will be dismissed on or after the date stated therein. Postcard notification of the dismissal order shall be given in accordance with Rule 306d, T.R.C.P.

WARNING

If a hearing is no longer necessary, the scheduling party must cancel it with the Court and notify all other parties.

The scheduling party is responsible for canceling the setting with the Court if a hearing is no longer necessary and shall notify all other parties of cancellation.

WARNING

The movant is responsible for timely advising opposing counsel when passing a hearing.

It is the responsibility of the movant to timely advise opposing counsel if he/she is passing the hearing.

WARNING

Service

Email

The Court may consider email to a known and verified defendant address as an alternative to the stated mailing requirements.

The Court will also consider allowing substituted service that includes sending the Citation, Petition and the R106 Order utilizing email to a known and verified email address of the Defendant in lieu of utilizing mailing requirements set forth above.

WARNING

The movant should schedule the emergency hearing through the Court Coordinator and then notify all counsel or parties.

The movant should contact the Court Coordinator to schedule the emergency hearing and thereafter provide notice of the emergency hearing to all counsel/parties.

WARNING

Service

Electronic service

Do not include the Court or Court Coordinator on e-service requests.

Please do not include the Court or the Court Coordinator on any e-service requests.

WARNING

Applies to

Vacation letter

A courtesy copy of your vacation letter shall be provided to all opposing counsel and self-represented litigants in your case.

A courtesy copy of your vacation letter shall be provided to all opposing counsel and self-represented litigants in your case.

INFO

A courtesy copy should be provided to opposing counsel/party in your case.

A courtesy copy should be provided to opposing counsel/party in your case.