Gregg County Court at Law Service and Proof of Service Rules

CRITICAL

A party joining an additional party after the Litigation Control Order issues must provide that party with the order then in effect.

If additional parties are joined subsequent to the Clerk issuing the Litigation Control Order, it is the responsibility of the party joining the additional party to provide the additional party with the Litigation Control Order in effect at that time.

CRITICAL

Service

Electronic service to opposing party

A document to be electronically served must be served before or at the same time it is 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

Service

Electronic service to all parties

A filer who electronically files or serves a document, or agrees to accept service, must provide any changed e-mail address to TexFile, the district clerk, and all parties.

(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 address to TexFile, the district clerk, and all parties in the case.

CRITICAL

Service

Electronic service to opposing party

A filer may serve documents electronically at a party's e-mail address only if that party has agreed to electronic service or the court has ordered it; this method does not apply to citation.

(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 court has ordered the parties to electronically serve documents.

CRITICAL

Service

Electronic service

Electronic service is complete upon transmission, and the service date is ordinarily that date; if transmission is complete after 5:00 p.m. recipient's time, service is dated the next day that is not a Saturday, Sunday, or legal holiday.

(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. (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

Mail to all parties

The Clerk must file the Litigation Control Order and mail copies to all attorneys and pro se parties of record.

The Clerk of the Court will file the Litigation Control Order and mail copies to all attorneys, and/or pro-se parties of record.

CRITICAL

Deadline

3 business days

At least 3 business days before the Pre-Trial Conference, each party must provide every other party its intended witness, expert-witness, and exhibit lists, proposed jury charge or instructions and questions, and all pre-trial motions.

At least three (3) business days prior to the Pre-Trial Conference each party is required to provide every other party in the case the following documents: a. List of Witnesses the party intends to call in their case in chief; b. List of Expert Witnesses the party intends to call in their case in chief; c. List of Exhibits the party intends to offer in evidence in their case in chief; d. The party's proposed jury charge or proposed jury instruction and jury questions; and e. All pre-trial motions, including motions in limine.

WARNING

Service

Electronic service

Electronic filing alone does not require a party to serve documents electronically 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 has ordered the parties to electronically serve documents.

WARNING

Service

Electronic service

Electronic service is optional unless the court orders it on a party’s motion and for good cause shown; electronic service transmits the document to the party’s email address.

(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 parties in a particular case to electronically file and serve court documents that are permitted to be electronically filed under Rule 3 .3. (h) "Electronic service" is a method of serving a document upon a party in a case by electronically transmitting the document to that party' s e-mail address.

INFO

Service

Electronic service

A filer may electronically serve a document whether it is traditionally filed or electronically filed.

(e) 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.