Hays County Courts at Law Service and Proof of Service Rules

CRITICALCivil cases

The executor or administrator must notify interested persons of the intent to close the estate as required.

4. Notice of Final Settlement: Executor/administrator shall notify interested persons of intent to close estate as required.

CRITICALCivil cases

Pretrial disclosures must be provided to all parties.

PRETRIAL DISCLOSURES: Filed and provided to all parties.

CRITICALCivil cases

Interested persons must be served as required by the Texas Estates Code, and the Applicant must include a copy of the Order with service.

All interested persons must be served as required by the Texas Estates Code. A pplicant must provide a copy of this Order with service.

CRITICAL

The party obtaining a hearing or trial setting must give all other parties and attorneys written notice of the date, time, and total requested time, following the manner and timing in the cited Texas Rules of Civil Procedure.

The party that obtained a setting for a hearing or trial date must give written notice to all other parties and attorneys of: (A) the hearing or trial date and time, and (B) the total time requested for the entire hearing or trial for all participants and e-file that notice with the Clerk of the Court. The party giving this notice must do so in the manner and within the time provided in the Texas Rules of Civil Procedure (Rules 21, 21a, 166a).

CRITICAL

Applies to

Motion for continuance

For a continuance motion filed under the within-three-days exception, the moving party must notify the Court either by serving the motion through the electronic filing manager or by emailing an e-file-stamped copy to the Court Coordinators and copying all other parties.

(B) The moving party must notify the Court of the filing in one of the following ways: (i) serve the motion on the Court through the electronic filing manager, or (ii) email an e-file-stamped copy of the motion to the Court Coordinators, copying all other parties on the email.

CRITICALCriminal cases

Deadline

24 hours

Applies to

Exhibits

Service

Email to opposing party

Attorneys will email all exhibits to be offered during a remote hearing to opposing counsel and the Court Coordinator no later than 24 hours before that hearing, or as soon as practicable.

Attorneys will email all exhibits to be offered during a remote hearing to opposing counsel and the Court Coordinator no later than 24 hours before that hearing, or as soon as practicable.

CRITICALCivil cases

The required pre-trial exchange materials must be provided to the Court and all other parties.

The parties are to provide the Court and all other parties, with:

CRITICAL

Applies to

Motion to substitute counsel

The motion to substitute must include a certificate showing notice to both previous counsel and the District Attorney’s Office.

(a) Motion to Substitute. If a defendant retains an attorney to replace their existing counsel, then the new counsel must file a motion to substitute counsel within ten (10) business days of being retained, naming both himself or herself and the attorney to be relieved. The motion must include a certificate of service reflecting notice to both previous counsel in the Case and the District Attorney’s Office.

CRITICALCriminal cases

Deadline

24 hours

Service

Email to opposing party

Attorneys will email all exhibits to be offered during a remote hearing to opposing counsel and the Court Coordinator no later than 24 hours before that hearing, or as soon as practicable.

Attorneys will email all exhibits to be offered during a remote hearing to opposing counsel and the Court Coordinator no later than 24 hours before that hearing, or as soon as practicable.

CRITICALCivil cases

At least 15 minutes before the hearing, parties must exchange with the opposing party copies of all exhibits they intend to offer and be prepared to share a complete set.

2. All parties must appear no less than fifteen (15) minutes prior to the scheduled hearing time to allow time for the pre-marking of exhibits with the court reporter. At that time, parties must exchange copies of all exhibits they intend to offer into evidence during the hearing. Therefore, each party must be prepared to share a complete set of their exhibits with the opposing party.

CRITICALCivil cases

Interested persons must be served as required by the Texas Estates Code, and the applicant must provide this Order with service by the stated schedule deadline.

At initial hearing or 30 days thereafter SERVICE & JOINDER: All interested persons must be served as required by the Texas Estates Code. Applicant must provide a copy of this Order with service.

CRITICALCivil cases

All parties must receive notice of the hearing’s date, time, and place at least three days before the hearing.

While the County Clerk must send notice of eviction hearings set before the Courts, all parties must receive at least three (3) days' notice of the date, time, and place of their hearing as required under Texas Rules of Civil Procedure Rule 21(b).

CRITICALCivil cases

Executors and administrators must notify interested persons of their intent to close the estate as required.

d) Notice of Final Settlement: Executor(s)/Administrator(s) shall notify interested persons of intent to close estate as required.

CRITICAL

Applies to

Vacation notice

The vacation notice must be served on all affected opposing counsel; the source does not specify a service method.

The attorney in charge of a Case, may designate their claimed vacation time by filing a written notice with the Clerk of the Court and serving a copy on all affected opposing counsel.

CRITICALCivil cases

The parties must exchange proposed stipulated facts with one another.

The parties will exchange proposed stipulated facts

CRITICAL

Applies to

Application for emergency relief

For an emergency-relief application where the opposing party is represented, movant's counsel must give opposing counsel advance notice of the intended presentation's date, time, and place unless the Court directs otherwise.

When a party seeks a hearing or a signed order on an application requesting emergency relief, including applications for a restraining order, temporary administration, temporary guardianship, or emergency receivership and the party against whom relief is sought is represented by an attorney, movant’s counsel must give that attorney advance notice that the movant intends to present the application to the Court at a given date, time, and place, unless otherwise directed by the Court.

CRITICAL

Applies to

Request to court

Service

Electronic service to opposing party

In criminal cases, requests to the Court must be served on opposing counsel by e-service at least three days before consideration, unless the Court shortens the time or opposing counsel waives it.

Parties in a criminal case must serve any request to the Court on opposing counsel through e-service not less than three (3) days before the Court is set to consider the request unless the Court shortens the time requirement, or the opposing counsel waives the time requirement.

CRITICALCivil cases

Pretrial disclosures must be provided to all parties.

As per TRCP 194.4 PRETRIAL DISCLOSURES: Filed and provided to all parties.

CRITICAL

Service

Mail

If the defendant does not agree to withdrawal without substitution, the Court may hear the motion at the next setting or another designated time only after the defendant receives notice to appear; certified mail with return receipt requested to the defendant’s last known address may show adequate notice.

(b) Hearing and Notice. If the defendant does not agree to the withdrawal an attorney without substitution, then a Court will hear this motion at the next setting in the Case or at any time the Court designates but only after the defendant is provided notice to appear. Adequate notice of the motion to withdraw may be shown by certified mail, return receipt requested, to the last known address of the defendant.

WARNINGCivil cases

Therefore, it is incumbent on the party requesting relief from the Court to confirm that the opposing party has received notice of the hearing. It is in the best interests of the party requesting relief to make reasonable efforts to ensure service of proper notice including, if necessary, personal service or requesting substituted service.

Therefore, it is incumbent on the party requesting relief from the Court to confirm that the opposing party has received notice of the hearing. It is in the best interests of the party requesting relief to make reasonable efforts to ensure service of proper notice including, if necessary, personal service or requesting substituted service.

WARNING

The party should send the notice on the day it obtains the setting; an opposing party may argue that delay is a basis for continuance.

The party should send this notice on the same day the party obtains the setting, for an opposing party may argue that any delay in sending this notice serves as a basis for continuance.