Galveston County District Courts Service and Proof of Service Rules

Applies to

Chronology documentation

Service

Electronic service

Upon a written or typed request, the Galveston County Probation Department must electronically provide all chronology documentation to the State and Defense Counsel.

1. Any and all Chronology documentation shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;

Applies to

Status reports

Service

Electronic service

Upon a written or typed request, the probation department must electronically provide the most recent available status reports concerning sanctions, counseling, reporting, payment, and community service history.

2. Most recent status reports available from Corrections Software regarding sanctions, counseling, reporting, payment and community service history shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;

Applies to

Monthly report forms

Service

Electronic service

Upon a written or typed request, the probation department must electronically provide all Monthly Report Forms signed by the defendant.

3. Any and all Monthly Report Forms signed by the Defendant shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;

Applies to

Sign in logs

Service

Electronic service

Upon a written or typed request, the probation department must electronically provide all sign-in logs for reporting dates.

4. Any and all sign-in logs for reporting dates shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;

Applies to

Community supervision case status reports

Service

Electronic service

Upon a written or typed request, the probation department must electronically provide all Community Supervision Case Status Reports.

5. Any and all Community Supervision Case Status Reports shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;

Applies to

Financial studies

Service

Electronic service

Upon a written or typed request, the probation department must electronically provide all financial studies and their worksheets.

6. Any and all Financial Studies, including worksheets shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;

Applies to

Alcohol monitoring device reports

Service

Electronic service

Upon a written or typed request, the probation department must electronically provide all alcohol-monitoring device reports.

7. Any and all alcohol monitoring (ignition interlock, SCRAM, sober link, etc.) device reports shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;

Applies to

Out of county supervision progress reports

Service

Electronic service

Upon a written or typed request, the probation department must electronically provide all progress reports from out-of-county supervision.

8. Any and all progress reports from out-of-county supervision shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;

Applies to

Service provider progress reports

Service

Electronic service

Upon a written or typed request, the probation department must electronically provide all service-provider progress reports.

9. Any and all progress reports from service providers shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;

Applies to

Laboratory reports and drug screens

Service

Electronic service

Upon a written or typed request, the probation department must electronically provide all laboratory reports and drug screens showing positive results for alcohol, drugs, controlled substances, or substituted urine samples.

10. Any and all laboratory reports and drug screens that show positive results for alcohol, drugs, controlled substances, or the use of substituted urine samples shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;

Applies to

Evaluations and risk assessments

Service

Electronic service

Upon a written or typed request, the probation department must electronically provide all evaluations and risk assessments, including noted questionnaires and outside-agency evaluations.

11. Any and all evaluations/risk assessments (with the included questionnaire – where notes and details are written) and/or any evaluations given by outside agencies shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;

Applies to

Defendant medical documentation

Service

Electronic service

Upon a written or typed request, the probation department must electronically provide all medical documentation supplied to probation by the defendant.

12. Any medical documentation provided to probation by the Defendant shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made.

Applies to

Chronology documentation

Service

Electronic service

Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all Chronology documentation to the state and defendant counsel.

Any and all Chronology documentation shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;

Applies to

Status reports

Service

Electronic service

Upon written or typed request, the Community Supervision and Corrections Department must electronically produce the most recent available Corrections Software Solutions status reports to the state and defendant counsel.

Most recent status reports available from Corrections Software Solutions regarding sanctions, counseling, reporting, payment and community service history shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;

Applies to

Monthly report forms

Service

Electronic service

Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all defendant-signed Monthly Report Forms to the state and defendant counsel.

Any and all Monthly Report Forms and signed by the defendant shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;

Applies to

Sign in logs

Service

Electronic service

Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all reporting-date sign-in logs to the state and defendant counsel.

Any and all sign-in logs for reporting dates shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;

Applies to

Case status reports

Service

Electronic service

Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all Community Supervision Case Status Reports to the state and defendant counsel.

Any and all Community Supervision Case Status Reports shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;

Applies to

Financial studies

Service

Electronic service

Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all Financial Studies, including financial worksheets, to the state and defendant counsel.

Any and all Financial Studies, including financial worksheets shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;

Applies to

Alcohol monitoring reports

Service

Electronic service

Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all alcohol-monitoring device reports to the state and defendant counsel.

Any and all Alcohol Monitoring (Ignition Interlock, SCRAM, Sober link, etc.) device reports shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;

Applies to

Out of county supervision progress reports

Service

Electronic service

Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all out-of-county supervision progress reports to the state and defendant counsel.

Any and all progress reports from out-of-county supervision shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;

Applies to

Service provider progress reports

Service

Electronic service

Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all service-provider progress reports to the state and defendant counsel.

Any and all progress reports from service providers shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;

Applies to

Laboratory reports and drug screens

Service

Electronic service

Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all laboratory reports and drug screens showing the specified positive results to the state and defendant counsel.

Any and all laboratory reports and drug screens that show positive results for alcohol, drugs, controlled substances, or the use of substituted urine samples shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;

Applies to

Evaluations and risk assessments

Service

Electronic service

Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all specified evaluations and risk assessments, including outside-agency evaluations and detailed questionnaires, to the state and defendant counsel.

Any and all evaluations/risk assessments (with the included questionnaire- where notes and details are written) and/or any evaluations given by outside agencies shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;

Applies to

Medical documentation

Service

Electronic service

Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all medical documentation the defendant provided to probation to the state and defendant counsel.

Any Medical documentation provided to probation by the defendant shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;

A party requesting a hearing must give notice of the hearing date, time, and matters to be considered to all other parties.

B. 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.

A party requesting the scheduling of a court appearance must arrange the time through the Court Coordinator and give all parties notice of the date, hour, and matters to be considered.

C. All requests for 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.

Service

Mail to all parties

After a case is placed on the Drop Docket, the clerk must promptly mail notice of the intended dismissal to counsel of record and qualifying unrepresented parties and file a copy showing the recipients' names, addresses, and mailing date.

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. A copy of such notice shall be filed with the papers of the cause with notation thereon made by the Clerk showing the name and address of all counsel of parties to whom notice was mailed and the date of mailing.

Service

Electronic service

Electronic service is permitted only if the receiving party agreed to it or the court 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.

Service

Electronic service

Electronic filing alone does not require electronic service 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.

Service

Electronic service

Electronic service is complete when the filer transmits the document to the receiving party's email address.

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

Service

Electronic service

The service date generally is the date electronic service is completed, subject to subsection (c).

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

Service

Electronic service

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

Service

Electronic service

Electronic service on another party must occur before filing or no later than the time of filing.

(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.

Service

Electronic service

A filer electronically serving another party must accompany the filed document with a written service certification stating the necessary contact, timing, and completion information.

(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.

A party requesting a hearing must serve all other parties with notice of the hearing date, time, and matters to be considered.

B. 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.

The requesting party must provide all parties with notice of the hearing date, time, and matters to be considered.

C. All requests for 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.

Applies to

Financial information statement

Before a hearing involving support, finances, attorney’s fees, or expenses, each party must provide the Clerk, counsel, and pro se parties with a Financial Information Statement and two most recent employer pay stubs.

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.

Applies to

Financial information statement

Before a temporary-order hearing involving child or spousal support, the parties must provide specified financial documents to the opposing counsel or pro se party without waiting for discovery, with additional business financial records required for self-employed parties.

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 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. 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 such reports have been prepared.

Deadline

7 calendar days

Applies to

Financial information statement

At least seven days before final trial, the parties must provide specified financial and property-related documents to opposing counsel or the pro se party without waiting for a discovery request.

Final Hearings. 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:

Applies to

Inventory and appraisement

Each party must file a sworn inventory and appraisement by the applicable docket-control or court-order deadline, file a copy with the clerk, and furnish it to opposing counsel and pro se 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.

Deadline

7 calendar days

Applies to

Detailed request for relief

At least seven days before final trial, each party must provide opposing counsel or the pro se party with a detailed request for relief stating the affirmative relief sought in brief summary form.

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.

Deadline

7 calendar days

Applies to

Proposed property division

In cases involving property division, the parties must provide a proposed property division to opposing counsel or the pro se 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.

A party filing an ex parte restraining order, protective order, or extension must notify opposing counsel before filing so objections may be presented.

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.

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

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

In cases involving children or substantial real or personal property, a default judgment requires proof of attempted notice of the final hearing to the opposing party.

No default judgments in cases involving children or substantial real or personal property shall be granted without proof of attempted notice of final hearing to the opposing party.

Deadline

5 business days

Applies to

Proposed order

The party or counsel drafting proposed orders must provide them to the opposing party or 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.

Service

Electronic service

Electronic filing alone does not require electronic service on other parties 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'hastftdered the parties to electronically serve documents.

Service

Electronic service

Electronic service is complete when the filer transmits the document to the receiving 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.

Service

Electronic service

A filer electronically serving a document must file a written certification of service with the document.

(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:

All requests under the standing order should be sent to the Court Liaison Officer.

***ALL REQUEST SHOULD BE SENT TO THE COURT LIASISON OFFICER***

Service

Electronic service

Electronic service by transmission to another party's email address is permitted, except for the citation served upon commencement of an 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.

Applies to

Notice of hearing

The Clerk must attach the Exhibit A Financial Information Statement form to each served Notice of Temporary Hearing or Citation on Modification and furnish it to unserved counsel or pro se parties.

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.

Service

Electronic service

A filer must provide updated e-mail address information to Texas.gov, the district clerk, and all parties when the filer's e-mail address changes.

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.

Service

Electronic service

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

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

Service

Electronic service

Three days are added to a prescribed period for action when the triggering 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.

Service

Electronic service

The written certification of electronic service must include the filer's email address or telecopier number.

(i) the filer's e-mail address or telecopier (facsimile machine) number;

Service

Electronic service

The written certification of electronic service must include the recipient's email address.

(ii) the recipient's e-mail address;

Service

Electronic service

The written certification of electronic service must include the date and time of electronic service.

(iii) the date and time of electronic service; and

Service

Electronic service

The written certification of electronic service must state that the document was electronically served and that the electronic transmission was reported complete.

(iv) a statement that the document was electronically served and that the electronic transmission was reported as complete.

Applies to

Summons

Service of summons in a juvenile case may be made by any suitable person acting under the court's direction.

Pursuant to Section 53.007, Texas Family Code, service of the summons in a juvenile case may be made by any suitable person under the direction of the court.

Applies to

Summons

Investigators with the Galveston County Criminal District Attorney's Office may issue summons in juvenile matters.

In addition to other persons, investigators with the Galveston County Criminal District Attorney's Office may issue summons in juvenile matters.

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.