Galveston County Courts at Law Service and Proof of Service Rules

CRITICAL

Service

Mail to all parties

The Clerk must mail notice of intended dismissal to each attorney of record and to each unrepresented party whose address appears in the case record.

Notice of the Court's intention to dismiss shall be sent by the Clerk to each attorney of record, and to each party not represented by an attorney and whose address is shown on the docket or in the papers on file, by posting same in the United States Postal Service.

CRITICAL

A final hearing may not be requested until the other parties have been properly served or have appeared.

Final hearing shall not be requested unless the other parties have been properly served and/or their appearance has been made.

CRITICAL

Applies to

Hearing notice

Parties requesting a hearing must serve all other parties notice stating the hearing date and time and the matter to be considered.

the parties making such request shall serve all other parties with notice of the date and hour set for hearing and of the particular matter which will be considered at such time.

CRITICAL

Parties must provide the required financial disclosures to opposing counsel or the self-represented party before the temporary-orders hearing.

In any hearing for temporary orders in which child support or spousal support is an issue, the parties shall, without waiting for a discovery request, provide to the opposing counsel or pro se party prior to the start of the hearing, Financial Information Statements, two most recent pay stubs from all current employers, copies of income tax returns for extensions for the past two years (including all schedules, forms W-2 and 1099 filed with the returns) and copies of W-2 and 1099 for the prior year if a tax return has not yet been filed.

CRITICAL

The Clerk must attach the Financial Information Statement form to each served Notice of Temporary Hearing or Citation on Modification and furnish a copy to counsel or a pro se party not served with the Order.

C. The Clerk shall attach a copy of the Financiallnforn~ation Statement form attached as Exhibit A to these Rules to each Notice of Temporary Hearing or Citation on Modification which is served on a party and ~hall furnish a ..:opy of same to each counsel or pro se party not served with the Order.

CRITICAL

Deadline

5 business days

The party or counsel drafting proposed orders must provide them to opposing counsel at least five business days before the entry hearing.

The party/counsel drafting the orders shall have the proposed orders to the opposing party/counsel at least five (5) business days prior to the entry hearing.

CRITICAL

For the specified support hearings, parties must file the Financial Information Statement and two recent pay stubs with the Clerk and deliver copies to counsel or self-represented parties.

All parties to this action shall file with the Clerk and deliver a copy to all counsel or pro sc parties a Financial Information S'tatemenl (FIS), and two most recent pay stubs from all current employers.

CRITICAL

Applies to

Parenting seminar proof

The parties must send the opposing party a copy of seminar-attendance proof before the first mediation session.

In all cases m which the conservatorship, rights and duties or possession of a child is at issue. the parties shall nltend the parenting seminar "For Kid's Sake" or tbe equivalent thereof at their own expense and fite proof thereof with the court and send e~ copy to the opposing party prior to the first mediation session.

CRITICAL

The party directed to draft an order must provide it to opposing counsel and self-represented parties at least five days before the entry date.

The party directed to draft the order based on the Associate Judge's ruling shall provide a draft of the order to all opposing counsel and prose parties at least five (5) days before the entry date.

CRITICAL

The trial-setting request must be sent to all counsel.

The request must be sent to all Counsel.

CRITICAL

Service

Mail to all parties

When a case has been placed on the Drop Docket as above provided, the District Clerk shall promptly send a notice of the Court's intention to dismiss for want of prosecution. Notice of the Court's intention to dismiss shall be sent by the Clerk to each attorney of record, and to each party not represented by an attorney and whose address is shown on the docket or in the papers on file, by posting same in the United States Postal ~~ervice.

When a case has been placed on the Drop Docket as above provided, the District Clerk shall promptly send a notice of the Court's intention to dismiss for want of prosecution. Notice of the Court's intention to dismiss shall be sent by the Clerk to each attorney of record, and to each party not represented by an attorney and whose address is shown on the docket or in the papers on file, by posting same in the United States Postal ~~ervice.

CRITICAL

For temporary-order hearings involving child or spousal support, parties must provide specified financial documents to opposing counsel or a pro se party before the hearing, including additional business records from a self-employed party.

A. Temporary Orders. In any hearing for temporary orders in which child support or spousal support is an issue. the parties shall without waiting for a discovery request. provide to the opposing counsel or pro se party prior to the start of the heari11g Financiallnfonnation Statements, the two most recent pay stubs from all current employers. copies of income tax retums or requests for extensions for the past two years (including all schedules, tonus W-2 and 1099 filed with the returns) and copies of fonn W-2 and l 099 for the prior year if a tax return has not yet been tiled. A party who is self employed shall also provide the balance sheet and income statement for his or her business tor the prior fiscal year and most recent month or period for which such reports have beer\ prepared.

CRITICAL

After receiving a hearing date and time from court personnel, moving counsel must immediately notify all counsel in writing of the hearing date, time, and subject matter.

(c) Court personnel are responsible for scheduling the dates and times for hearings. Upon receiving the date and time of hearing, the moving Counsel shall immediately notify all Counsel in writing as to the date, time and subject matter of the hearing.

CRITICAL

Service

Electronic service to opposing party

Documents served electronically on another party must be served before or at the same time they are filed.

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

CRITICAL

The filing party must notify all parties of the submission date, and the motion will not be considered without proof of that notice.

The party filing the motion is responsible for notifying all parties of the submission date. Motions will not be considered without proof of notice of the submission date.

CRITICAL

Copies of the Financial Information Statement and two recent pay stubs must be delivered to counsel or self-represented parties.

All parties to this action shallfile with the Clerk and deliver a copy to all counsel or pro se parties a Financial Information Statement (FIS), and two most recent pay stubs from all current employers.

CRITICAL

The required financial documents must be provided to opposing counsel or the self-represented party before the temporary-orders hearing begins.

In any hearing for temporary orders in which child support or spousal support is an issue, the parties shall, without waiting for a discovery request, provide to the opposing counsel or prose party prior to the start of the hearing, Financial Information Statements, two most recent pay stubs from all current employers, copies of income tax returns for extensions for the past two years (including all schedules, fonns W-2 and 1099 filed with the returns) and copies of W-2 and I099 for the pri01· year if a tax return has not yet been tiled. A party who is self employed shall also provide the balance sheet and income statement for his or her business for the prior year and most recent month or period for which suc.:h reports have been prepared.

CRITICAL

Pro se parties must provide the Clerk with current addresses and phone numbers, and the provided address is used to serve pleadings and notices on them.

Pro se parties shall be responsible for providing the Clerk with current addresses and phone numbers. The address so provided shall be used as the address for serving all pleadings and other notices on the pro se party.

CRITICAL

Service

Electronic service to opposing party

Electronic service is complete when the filer transmits the document to the party’s email 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.

CRITICAL

When opposing counsel is of record or known to petitioner’s counsel, the filer must notify opposing counsel before filing for an ex parte restraining order, protective order, or extension so objections can be presented to the court.

C. In all cases where there is counsel of record, or if petitioner's counsel is aware of any attorney representing the opposing party, the party filing for an ex parte restraining order or protective order or an extension of an ex parte order is required to notify opposing counsel prior to the filing thereof so opposing counsel may present any objections to the Court.

CRITICAL

Deadline

5 working days

The party directed to draft the order must provide it to opposing counsel and pro se parties at least five working days before the entry date.

The party directed to draft the order based on the Associate Judge's ruling shall provide a draft of the order to all opposing counsel and pro se parties at least five (5) working days before the entry date.

CRITICAL

For temporary-order hearings involving child or spousal support, parties must provide the specified financial records to opposing counsel or a pro se party before the hearing, without waiting for a discovery request; self-employed parties must also provide specified business statements.

In any hearing for temporary orders in which child support or spousal support is an issue, the parties shall without waiting for a discovery request, provide to the opposing counsel or pro se party prior to the start of the hearing Financial Information Statements, the two most recent pay stubs from all current employers, copies of income tax returns or requests for extensions for the past two years (including all schedules, forms W-2 and 1099 filed with the returns) and copies of form W-2 and 1099 for the prior year if a tax return has not yet been filed. A party who is self employed shall also provide the balance sheet and income statement for his or her business for the prior fiscal year and most recent month or period for which such reports have been prepared.

CRITICAL

Each party must provide opposing counsel or a pro se party a detailed request for relief at least seven days before final trial, summarizing the affirmative relief requested.

A. The parties shall provide to the opposing counsel or pro ,;e party at least seven days before the start of tina] trial a detatled request for relief which sets forth in brief. summary fonn the affinnat.ive r.oliefeach party is requesung.

CRITICAL

Applies to

Setting notice

The party requesting a non-jury setting must give the other parties notice of the setting that states the estimated hearing time.

Each request for a non-jury setting shall include an estimate of the hearing time required for the matter being set, and the notice of such setting that the party requesting the setting gives to other parties shall state said time estimate.

CRITICAL

At least seven days before final trial, parties must provide opposing counsel or a pro se party, without waiting for a discovery request, the financial documents required for the issues in the case.

The parties shall without waiting for a discovery request provide to the opposing counsel or pro se party at least seven days before the start of final trial the following documents: 1. The documents described in Rule 4.14(A) and a Financial Information Statement in any case in which property division, attorney's fees, child support or spousal support is at issue; 2. The most recent account statements pertaining to any retirement, IRA or 401k account and any account with any financial institution including, but not limited to, banks, credit unions, brokerage firms and savings & loans in any case in which property division is at issue: 3. The most recent statements for any credit cards, loans or debts in any case in which property division is at issue; and 4. A child support calculation in any case in which child support is at issue.

CRITICAL

Applies to

Electronically served document

Service

Electronic service

Documents served electronically on another party must be served before or at the same time they are filed.

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

CRITICAL

Applies to

Proposed orders and judgments

Service

Electronic service to all parties

All counsel of record must be notified through the e-file portal when proposed orders and judgments are filed.

All proposed orders and judgments shall be electronically filed and all counsel of record notified through the e-file portal.

CRITICAL

Service

Electronic service

Electronic service is permitted only if the recipient has agreed to receive it or the court has ordered electronic service.

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.

CRITICAL

A copy of the sworn inventory and appraisement must be filed with the Clerk and furnished to opposing counsel and self-represented parties.

Each party shall file a sworn inventory and appraisement by the later deadline set out in the docket control order or other order of the court, with a copy being filed with the clerk and furnished to all opposing counsel and prose panics.

CRITICAL

The parties must provide the Financial Information Statement and pay stubs to all counsel and self-represented parties as well as file them with the Clerk.

All parties to any Divorce, Suit Affecting Parent Child Relationship, Modification or other case involving conservatorship, periods of possession or child support or spousal support shall tile with the Clerk and all counsel and pr<· se parties prior to any trial or hearing in which support, finances, :Htorney's fees or the payment of any sort of exp.:nse is at issue, a Financial information Statement and the two most n:cent pay stubs from all c m·ent employers.

CRITICAL

At least seven days before final trial, each party must provide opposing counsel or a pro se party a detailed request for relief that briefly summarizes the affirmative relief sought.

The parties shall provide to the opposing counsel or pro se party at least seven days before the start of final trial a detailed request for relief which sets forth in brief, summary form the affirmative relief each party is requesting.

CRITICAL

The Clerk must furnish the Exhibit A form to counsel or self-represented parties who were not served with the order.

The Clerk shall attach a copy of the Financial Infom1ation Statement fonn attached as Exhibit A to these Rules to each Noti~c of Temporary Hearing or Citation on Modification which is SL'rvcd on a party and shall furnish a copy of same to each counsel or prose party not served with the OnJer.

CRITICAL

The filing party must notify all parties of the submission date, and the motion will not be considered without proof of that notice.

The party filing tl1~ motion is responsible for notifying all parties of the submission date. Motiom will not be considered without proof of notice of the submission date.

CRITICAL

Service

Electronic service

Electronic service completed after 5:00 p.m. recipient time is deemed served on the next day that is not a Saturday, Sunday, or legal holiday.

(c) When electronic service is complete after 5:00p.m. (recipient's time), then the date of service shall be deemed to be the next day that is not a Saturday, Sunday or legal holiday.

CRITICAL

If the requirements for withdrawal without a hearing are not met, the motion must be presented at a hearing after notice to the client and all other parties.

If all requirements of subsection (a) are not satisfied, a motion to withdraw or to substitute another attorney must be presented at a hearing after notice to the client and to all other parties.

CRITICAL

The Clerk must provide the Financial Information Statement form to counsel or self-represented parties who were not served with the Order.

The Clerk shall attach a copy of the Financial Information Statement form attached as Exhibit A to these Rules to each Notice of Temporary Hearing or Citation on Modification which is served on a party and shall furnish a copy of same to each counsel or pro se party not served with the Order.

CRITICAL

Parties requesting an appearance must serve notice to all parties of the hearing date, time, and matter to be considered.

the parties making such request shall serve notice to all panics for the date and hour set for hearing and of the particular matter which will be considered at such time.

CRITICAL

The detailed request for relief must be provided to opposing counsel or the self-represented party at least seven days before final trial.

The parties shall provide to the opposing counsel or pro se party at least seven days before the start of final trial a detailed request for relief which sets forth in brief, summary form the affirmative relief each party is requesting.

CRITICAL

A copy of each inventory and appraisement must be filed with the Clerk and furnished to opposing counsel and self-represented parties.

Each party shall file a sworn inventory and appraisement by the later deadline set out in the docket control order or other order of the court, with a copy being filed with the clerk and furnished to all opposing counsel and pro se parties.

CRITICAL

When property division is at issue, the parties must provide a proposed property division to opposing counsel or a pro se party at least seven days before final trial.

l3. In any case in which property division is at issue, the parties shall provide to the opposing counsel or prose party at least seven days before the start of tina! trial a proposed property division.

CRITICAL

Parties requesting a hearing must serve all other parties notice of the hearing date, time, and matter to be considered.

Requests for hearing shall be made to the Court in which the matter is pending, in accordance with these rules, and the parties making such request shall serve all other parties with notice of the date and hour set for hearing and of the particular matter which will be considered at such time.

CRITICAL

The listed documents must be provided to opposing counsel or the self-represented party at least seven days before final trial.

Final Hearings. The parties shall, without waiting for a discovery request, provide to the opposing counsel or pro sc party at least seven days before the start of tina! trial the following documents: I. The documents described in Rule 4.14(A) and a Financial Infonnation Statement in any case in which property division, attorney's fees, child support or spousal support is at issue; 2. The most recent account statements pertaining to any retirement, IRA or 40 I k account and any account with any financial institution including, but not limited to, banks, credit unions, brokerage tinns and savings & loans in any case in which property division is at issue; 3. The most recent statements for any credit cards, loans or debts in any case in which property division is at issue; and 4. A chil·i support calculation in any case in which child support is at issue.

CRITICAL

Without waiting for a discovery request, parties must provide the listed financial documents to opposing counsel or a pro se party at least seven days before final trial when the specified issues are involved.

13. Final Hearings.' The panics shall without waiting for a discovery request provide to the opposing counsel or pro se party at least seven days before the start of final trial the following documents: I. The documents described in Rule 4. 14(A) and a Financiallnforn1ation Statement in any case in which property division, attomey's fees, child support or spousal support is at issue; 1 The most recent account statements pertaining to any retirement, IRA or 401 k account and any account with any financial institution including, but not limited to, banks. credit unions. brokerage firms and savings & loans in any case in which property division is at issue: 3. The most recent statements for any credit cards. loans or debts in any case in which propcny division is at issue; and 4. A child support calculation in any case in which child support is at .issue.

CRITICAL

Deadline

5 business days

Applies to

Proposed order

The party or counsel drafting proposed orders must provide them to opposing counsel at least five business days before the entry hearing.

The party/counsel drafting the orders shall have the proposed orders to the opposing party/counsel at least five (5) business days prior to the entry hearing.

CRITICAL

The request for relief must be provided to opposing counsel or the self-represented party at least seven days before final trial.

The parties shall provide to the opposing counsel or prose party at least seven days before the start of final trial a detailed request for relief which sets forth in brief, summary form the affinnative relief each party is requesting.

CRITICAL

Service

Electronic service

Except as provided by subsection (c) below, the date of service shall be the date the electronic service is complete.

Except as provided by subsection (c) below, the date of service shall be the date the electronic service is complete.

CRITICAL

Until an order dismisses the ad litem, the ad litem must receive notice of all court hearings and conferences and be served with all pleadings.

Until an order is signed dismissing an ad litem, the ad litem shall be notified of all hearings and/or conferences with the court, and shall be served with all pleadings.

CRITICAL

The party directed to draft an order must provide it to opposing counsel and pro se parties at least five days before the entry date.

The party directed to draft the order based on the Associate Judge's ruling shall provide a draft of the order to all opposing counsel and pro se parties at least five (5) days before the entry date.

CRITICAL

A It parties to this action shall file with the Clerk and deliver a copy to all counsel or prose

A It parties to this action shall file with the Clerk and deliver a copy to all counsel or prose

CRITICAL

Service

Electronic service

Documents served electronically on another party must be served before or at the same time they are filed.

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