Harris County District Courts Service and Proof of Service Rules

CRITICAL

Applies to

Pleading

Pro se litigants must send a copy of every pleading filed with the court to the opposing party or their attorney.

You must send a copy of every pleading you file with the court to the opposing attorney, or party (if they do not have an attorney).

CRITICAL

Service

Mail to all parties

In a default judgment, the movant must give the defaulting party and other appearing parties 10 days’ notice by regular and certified mail and must file a certificate of service.

The Court requires the movant to give the defaulting parties (as well as any other parties who may have made an appearance in the case) 10 days’ notice of the hearing and of the default motion by regular and certified mail, and to certify that this has been done in a certificate of service.

CRITICALCourt notice

Applies to

Pleading

A copy of every pleading filed with the court must be sent to the opposing attorney or party.

You must send a copy of every pleading you file with the court to the opposing attorney, or party (if they do not have an attorney).

CRITICAL

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

Must be filed and served at least 3 days before the submission date, or earlier if required by statute or rule.

CRITICAL

For all settings, parties must exchange exhibits and send them to the Court by 2:00 p.m. on the business day before the hearing; late exchange may result in exclusion.

For all settings, exhibits must be exchanged by the parties and sent to the Court by 2:00 p.m. the business day before the hearing. Failure to timely exchange exhibits may result in the exclusion of those exhibits.

CRITICAL

Applies to

Notice of submission

Notice of submission setting must be served at least 10 days before the date of the hearing, or more if required by statute or rule.

Notice of submission setting must be served at least 10 days before the date of the hearing, or more if required by statute or rule.

CRITICALCivil cases

At least five days written notice of a hearing must be given to all parties, subject to exceptions.

The Court requires at least five (5) days written notice (usually the Wednesday before the Monday hearing) to all parties, unless otherwise shortened by the Court, agreed to by all parties or the Texas Rules of Civil Procedure require different deadlines.

CRITICALCivil cases

Deadline

10 calendar days

The movant must give defaulting parties and all other parties who appeared 10 days’ notice of the hearing and motion.

The Court requires the movant to provide defaulting parties, as well as any other parties who have appeared in the case, with 10 days’ notice of the hearing and the default motion.

CRITICALCivil cases

Applies to

Notice of Oral Hearing

After a hearing date is assigned, the requesting party must file and serve a Notice of Oral Hearing on all counsel and self-represented litigants.

Once a hearing date is assigned, the requesting party must file a Notice of Oral Hearing and serve it on all counsel and self-represented litigants.

CRITICALCivil cases

When courtesy materials are delivered, provide all parties written notice identifying the documents delivered.

Written notice must also be provided to all parties identifying the specific documents delivered to the Court.

CRITICALCivil cases

Service

Mail

Send the default hearing and motion notice by regular and certified mail and certify service.

Notice must be sent via regular and certified mail, and the movant must certify this action in a certificate of service.

CRITICALCivil cases

After the Clerk provides a hearing date, the requesting party must notify all parties of the hearing.

The Clerk will provide a hearing date, and the requesting party must give notice of the hearing to all parties.

CRITICALCivil cases

If a courtesy copy is marked or highlighted, the submitting party must give all other parties an identical copy.

If a courtesy copy contains highlighting or other markings, the submitting party must provide all other parties with an identical copy of what was provided to the Court.

CRITICALCivil cases

If a hearing is passed, counsel must promptly notify the Clerk at 832-927-3795 and all parties.

If a hearing is passed, counsel must promptly notify the Clerk at 832-927-3795 and all parties.

CRITICALCivil cases

The requesting party must serve the Notice of Oral Hearing on all counsel and self-represented litigants after a hearing date is assigned.

Once a hearing date is assigned, the requesting party must file a Notice of Oral Hearing and serve it on all counsel and self-represented litigants.

CRITICALCivil cases

A Notice of Submission must be served on all counsel and self-represented parties when setting a matter on the submission docket.

A party setting a matter on the submission docket shall file a Notice of Submission identifying the exact title of each motion and serve all counsel and self-represented parties.

CRITICALCivil cases

Service

Mail to opposing party

The movant must give defaulting parties and other appearing parties 10 days’ notice of the hearing and motion by regular and certified mail, and certify service.

The Court requires the movant to provide defaulting parties, as well as any other parties who have appeared in the case, with 10 days’ notice of the hearing and the default motion. Notice must be sent via regular and certified mail, and the movant must certify this action in a certificate of service.

CRITICALCivil cases

The parties must receive written notice identifying the specific documents delivered to the Court as courtesy copies.

Written notice must also be provided to all parties identifying the specific documents delivered to the Court.

CRITICALCivil cases

Counsel must retain a personal copy of the exhibits and provide copies to opposing counsel and the Court.

Counsel shall retain a copy for personal use and must provide copies of their exhibits to opposing counsel and to the Court.

CRITICALCivil cases

After the Clerk provides a hearing date, the requesting party must give all parties notice of the hearing.

The Clerk will provide a hearing date, and the requesting party must give notice of the hearing to all parties.

CRITICALCivil cases

If a courtesy copy is highlighted or otherwise marked, the submitting party must provide all other parties an identical copy.

If a courtesy copy contains highlighting or other markings, the submitting party must provide all other parties with an identical copy of what was provided to the Court.

CRITICAL

Applies to

Pleading

Every pleading filed must be served on the opposing attorney or party.

You must send a copy of every pleading you file with the court to the opposing attorney, or party (if they do not have an attorney).

CRITICALCivil cases

Applies to

Motion in limine

Parties must exchange specified documents at least one day before the pretrial hearing.

Exchange: Motions in Limine, Witness Lists, Exhibit Lists, Deposition Excerpts, and any Objections thereto at least one day prior to the pretrial hearing.

CRITICALCivil cases

Applies to

Notice of hearing

After a hearing date is assigned, the requesting party must file and serve a notice of oral hearing stating the exact title of the motion(s).

Once the clerk assigns a hearing date the party requesting the hearing must file a notice of oral hearing and serve it on all counsel and self-represented parties. The hearing notice must state the exact title of the motion or motions to be heard.

CRITICALCivil cases

Applies to

Notice of submission

Submission docket is Mondays at 8:00 a.m. with ten days notice; file and serve a notice of submission with the exact title of the motion(s).

The submission docket takes place Mondays at 8:00 a.m. with ten days notice. If you set a matter on the submission docket file a notice of submission with the exact title of the motion or motions set for consideration and serve it on all counsel and self-represented parties.

CRITICALCivil cases

Applies to

Trial notebook

Trial Notebook documents must be exchanged before the pretrial conference, and parties are ordered to confer to reach agreements on limine, exhibits, objections, and jury charges.

These documents must be exchanged prior to the pre-trial conference. The parties are ORDERED to confer with each other prior to the pre-trial conference to discuss these documents to determine if any agreements can be reached regarding limine, pre-admission of exhibits, deposition objections, and jury charge submissions.

WARNINGCivil cases

Notice of submission must be served on all counsel and self-represented parties.

If you set a matter on the submission docket file a notice of submission with the exact title of the motion or motions set for consideration and serve it on all counsel and self-represented parties.

WARNINGCivil cases

If a courtesy copy is marked, the party must provide an exact copy to all other parties.

If a party highlights or otherwise marks a document in a courtesy copy provided to the Court, that party shall provide all other parties to the litigation an exact copy of what was provided to the Court.

WARNINGCivil cases

Draft proposed jury charges should be exchanged before docket call.

Drafts of proposed jury charges should be exchanged PRIOR to the docket call date.

WARNING

Exhibits that are not timely exchanged may be excluded.

Failure to timely exchange exhibits may result in the exclusion of those exhibits.

WARNING

Service

Email

When notifying the court that you are running late, send a copy of the email to all counsel or self-represented litigants.

If you are running late for a hearing, email the “late” email address listed on the court’s website with a copy to all counsel or self-represented litigants.

WARNING

Parties must exchange all exhibits before trial.

The parties shall exchange ALL exhibits prior to trial.

WARNING

Service

Mail

Substituted service is complete upon compliance with the court's order even if the defendant does not sign the certified-mail receipt.

Service will be complete upon compliance with this Order regardless of whether Defendant signs the certified mail receipt.

WARNINGCivil cases

The parties are expected to exchange motions in limine, exhibit lists, witness lists, and deposition excerpts no later than one week before trial.

However, the parties are expected to exchange motions in limine, exhibit lists, witness lists, and deposition excerpts no later than one week before trial.

WARNINGCivil cases

Notify the opposing side when requesting a daily copy.

You must notify the other side of your request.

WARNINGCivil cases

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

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