Galveston County Courts at Law Service and Proof of Service Rules

CRITICAL

Service

Mail to all parties

After a case is placed on the Drop Docket, the County Clerk must promptly mail notice of the Court’s intention to dismiss to each attorney of record and to each unrepresented party whose address is on file.

When a case has been placed on the Drop Docket as above provided, the County 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 Service.

CRITICAL

Service

Electronic service

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

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

CRITICALCivil cases

For a post-appointment dual-compensation request, notice of the motion and hearing must be given to all interested parties who have appeared.

If the request is after the time of appointment, notice of the motion and hearing shall be given to all interested parties who have made an appearance in the case.

CRITICAL

Service

Electronic service to opposing party

A filer may serve documents electronically at a party’s email address only if that party agreed to electronic service or the court ordered it; this method may be used for traditionally or electronically filed documents.

(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. 21 a. 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 couti has ordered the parties to electronically serve documents. (e) A filer may electronically serve a document in instances where the document is traditionally f1led as well as in instances where the document is electronically filed.

CRITICAL

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

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

CRITICAL

service shall be deemed to be the next day that is not a Saturday, Sunday or legal holiday.

service shall be deemed to be the next day that is not a Saturday, Sunday or legal holiday.

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

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 tJ1e Associate Judge's ruling shall provide a draft of the order to all opposing counsel and prose parties at least five (5) working days before the emry date.

CRITICAL

When opposing counsel is of record or known to petitioner's counsel, the filing party must notify that counsel before filing an ex parte restraining order, protective order, or extension.

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

Applies to

Notice of temporary hearing or citation on modification

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

C. 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

The Court must give notice of cases to be dismissed for want of prosecution, and those cases will be dismissed on the date stated in the notice.

Pursuant to Rule 165a, Tex. R. Civ. P., the Court shall give notice that certain cases will be dismissed for want of prosecution. Such matters will be dismissed on the date indicated in the notice of dismissal.

CRITICAL

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

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

CRITICAL

Service

Electronic service

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

(c) When electronic service is complete after 5:00 p.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

Service

Electronic service

Electronic service of court documents is optional unless the county court orders the parties to serve them electronically on a party's motion and for good cause shown.

(a) Except as provided by subsection (b) below, the electronic tiling and serving of court documents is wholly optional. (b) Upon the motion of a party and for good cause shown, a county court may order the parties in a particular case to ekctronically tile and serve court documents that arc permitted to be electronically t1led under Rule 12.3.3.

CRITICAL

Service

Electronic service

Unless the stated exception applies, the date of electronic service is the date electronic service is complete.

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

CRITICAL

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

All requests fer the scheduling of appearances for the Court for any purpose will be made by contacting the Court Coordinator who will arrange an appropriate time to appear before the Court, and the parties making such request shall serve notice to all parties for the date and hour set for hearing and of the particular matter which will be considered at such time.

CRITICAL

When the opposing party has counsel of record or petitioner’s counsel knows the opposing party is represented, the filer must notify opposing counsel before filing an ex parte restraining order, protective order, or extension so counsel can present objections.

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

The required Financial Information Statement and pay stubs must be provided to all counsel and self-represented parties before the specified trial or hearing.

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 file with the Clerk and all counsel and prose parties prior to any trial or hearing in which support, finances, attorney's fees or the payment of any s,ort of expense is at issue, a Financial Information Statement and the two most recent pay stubs from ail current employers.

CRITICAL

Service

Mail to all parties

When a case has been placed on the Drop Docket as above provided, the County 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 Service.

When a case has been placed on the Drop Docket as above provided, the County 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 Service.

CRITICAL

Counsel offering videotaped depositions or films, other than those offered solely for impeachment, must make them available to opposing counsel early enough for objections to be heard before trial; untimely tendered material will not be admitted.

(d) Counsel intending to offer videotaped depositions or other films at trial, except those offered solely for impeachment, must make such tapes and films available to opposing Counsel sufficiently in advance of trial so that a hearing on any objections can be held before commencement of trial. Any tapes or films not so tendered will not be permitted into evidence at the trial.

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 drat1ing the orders shall have the proposed orders to the opposing party/counsel at least five (5) business days prior to the entry hearing.

CRITICAL

A copy of the sworn inventory and appraisement must be filed with the clerk and furnished to all opposing counsel and pro se parties.

with a copy being filed with the clerk and furnished to all opposing counsel and prose parties.

CRITICAL

Applies to

Parenting seminar attendance proof

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

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

CRITICAL

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

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:

CRITICAL

Parties must provide the Financial Information Statement and recent pay stubs to the Clerk and all counsel and self-represented parties.

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 file with the Clerk and all counsel and pro se parties prior to any trial or hearing in which support, finances, attorney's fees or the payment of any sort of expense is at issue, a Financial Information Statement and the two most recent pay stubs from all current employers.

CRITICAL

The Clerk must forward copies of all signed orders to all counsel when the orders are entered.

Copies of all orders signed shall be forwarded to all counsel at the time they are entered by the clerk.

CRITICAL

The written bankruptcy notice must be sent to the affected court and all counsel and include the specified case information.

within three days of any bankruptcy filing, to provide written notice to the affected court(s) and all Counsel that a bankruptcy filing has occurred, giving the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing and the name and address of Counsel for the bankruptcy case.

CRITICAL

Applies to

Hearing notice

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

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

CRITICAL

The proposed property division must be provided to opposing counsel or the self-represented party at least seven days before final trial when property division is at issue.

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 final trial a proposed property division.

CRITICAL

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

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

CRITICAL

Service of process in probate and guardianship cases must comply with the Estates Code, whose requirements differ from those in the Texas Rules of Civil Procedure applicable to other civil cases.

Chapters 51 and 1051 of the Estates Code impose specific requirements for service of process in probate and guardianship cases that differ from the requirements in the Texas Rules of Civil Procedure applicable to other kinds of civil cases. Service of process in probate and guardianship cases must comply with the Estates Code.

CRITICAL

Service

Electronic service

Three days are added to a prescribed period for an act due after a 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.

WARNING

Service

Electronic service

Electronic service is optional unless, on a party's motion and for good cause shown, the court orders parties in a particular case to serve documents electronically.

(a) Except as provided by subsection (b) below, the electronic filing and serving of court documents is wholly optional. (b) Upon the motion of a party and for good cause shown, a district court may order the patiics in a particular case to electronically file and serve court documents that are permitted to be electronically filed under Rule 3.3.

WARNING

Service

Electronic service

A filer who electronically files or serves a document, or agrees to accept service, agrees to provide Texas.gov, the district clerk, and all parties with information about any change in the filer's e-mail address.

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 Texas.gov, the district clerk, and all parties in the case.

WARNING

service shall be deemed to be the next day that is not a Saturday, Sunday or kgal holiday.

service shall be deemed to be the next day that is not a Saturday, Sunday or kgal holiday.

WARNING

Service

Electronic service

A party that e-files is not required to e-serve other parties unless the court has ordered electronic service.

(d) A party who electronically files a document is not required to electronically serve documents upon other parties unless the court ·h~S·"?'_~dered the parties to electronically serve documents.

WARNING

Service

Electronic service

A filer who electronically files or serves a document, or agrees to accept service, agrees to provide Texas.gov, the district clerk, and all parties with information about any e-mail address change.

(c) 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 adc:ress to Texas.gov, the district clerk, and all parties in the case.

WARNING

The movant should give counsel at least two hours’ notice of the intended time and place for presenting the application, unless the Court directs otherwise.

Movant should give counsel notice of at least 2 hours that the movant intends to present the application to the court at a given time and place, unless otherwise directed by the Court.

WARNING

The judge may require an in-court hearing if a telephone or Zoom hearing is insufficient, with notice to all parties.

A Judge may, at anytime, determine that a hearing by telephone or zoom is not sufficient and may require a hearing in Court upon notice to all parties.

WARNING

Applies to

Court document

Service

Electronic service

(b) Upon the motion of a party and for good cause shown, a district court may order the parties in a particular case to electronically file and serve court documents that are permitted to be electronically filed under Rule 3.3.

(b) Upon the motion of a party and for good cause shown, a district court may order the parties in a particular case to electronically file and serve court documents that are permitted to be electronically filed under Rule 3.3.

WARNING

Service

Electronic service to opposing party

A filer may serve documents electronically at a party's e-mail address only if that party agreed to electronic service or the court ordered it.

(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. 2la, 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 patty only where that party has agreed to receive electronic service or where the court has ordered the parties to electronically serve documents.

WARNING

Service

Electronic service

A party who electronically files a document need not electronically serve other parties unless the court has ordered electronic service.

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

WARNING

Service

Electronic service

A filer may serve documents electronically at another party's e-mail address, subject to the conditions in paragraph (b), but this does not apply to citation served upon filing a cause of action.

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.

WARNING

Service

Electronic service

A filer who electronically files or serves a document, or agrees to accept service, agrees to provide any change in their email address to Texas.gov, the district clerk, and all parties.

(c) By virtue of el~ctronically filing a document or serving a document or by agreeing to accept service, a ti'ler additionally agrees to provide information regarding any change in his or her e-mail apdress to Texas.gov, the district clerk, and all parties in the case.

WARNING

Service

Electronic service

Electronic service is complete upon transmission to the party's e-mail address, and, subject to subsection (c), the service date is the date of completion.

(a) Electronic service shall be complete upon transmission of the document by the filer to the party at the party's e-mail address. (b) Except as provided by subsection (c) below, the date of service shall be the date the electronic service is complete.

WARNING

Service

Electronic service

A party who electronically files a document need not electronically serve other parties unless the court orders electronic service.

(d) A party who electronically tiles a document is not required to electronically serve documents upon other parties unless the coutt has ordered the parties to electronically serve documents.

WARNING

The clerk must forward copies of all signed orders to all counsel when the orders are entered.

Copies of all orders signed shall be forwarded to all counsel at the time they are entered by the clerk.

WARNING

Persons authorized by order to serve citations and notices are deemed court officers, and false returns or unlawful service may result in contempt and a prohibition on further service in the County.

For purposes of supervision and discipline, the court deems those persons authorized to serve citations and other notices by order pursuant to Rule 103, Texas Rules of Civil Procedure, to be officers of the court. Any such person filing a false return or engaging in service contrary to law or rule may be subject to punishment by an order of contempt. Such order may prohibit such person from serving citations and notices in this County.

WARNING

Service

Electronic service to opposing party

A filer may electronically serve documents other than citation at a party's e-mail address only if that party agreed to electronic service or the court ordered it.

(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.

WARNING

Service

Electronic service

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

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.