Hunt County Courts at Law Service and Proof of Service Rules

CRITICALCivil cases

Signing the affidavit enters the signer's appearance, waives issuance and service of process, and permits the case to proceed without further notice to the signer.

By signing this affidavit waiving citation, I enter my appearance in this case for all purposes, and I waive the issuance and service of process. I agree that the case may be considered by the Court without further notice to me.

CRITICAL

Applies to

Pretrial materials

Unless otherwise ordered, the parties must serve or exchange the listed pretrial materials at least ten days before the pretrial conference.

Unless otherwise specifically ordered, at least ten (10) days prior to the pretrial conference, the parties shall serve or exchange the following: (1) exhibit lists (parties are required to make their exhibits available for inspection on the date of the pretrial conference or on a date prior with reasonable notice and request); (2) witness lists; (3) deposition excerpts by page and line; (4) motions in limine; and (5) proposed jury charge.

CRITICAL

A party opposing submission must notify all parties and the court in writing at least three days before the submission date.

A party that opposes submission, must notify, in writing, all parties and the court of its opposition to submission at least three (3) days before the submission date.

CRITICAL

At least two hours before presenting an application for a temporary restraining order or other ex parte relief, counsel must notify opposing counsel or the unrepresented opposing party and provide them copies of the application and proposed order.

Counsel presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing party’s counsel, or the opposing party if unrepresented by counsel in the present controversy, and provide opposing counsel or party with a copy of the application and proposed order at least two (2) hours before the application and proposed order are to be presented to the Court for decision.

CRITICAL

Counsel for a party filing for bankruptcy must provide written notice to the court and all counsel.

Whenever a party in this court files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party’s counsel to, within three (3) days of any bankruptcy filing, provide written notice to the court and all counsel that a bankruptcy has occurred, stating 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 bankrupt party, as well as the name and address for the trustee.

CRITICALCivil cases

Immediately after receiving the appointment order, the applicant must provide the attorney ad litem copies of the order, probate application, and will.

The applicant shall immediately, upon receipt of the Court' s order appointing the attorney ad litem, provide the attorney ad litem with a copy of the order appointing the attorney ad litem, the application to probate the will, and a copy of the will sought to be probated.

CRITICALCivil cases

Service

Personal service

Persons who would inherit if the lost will were not admitted to probate must be personally served or waive citation by affidavit; if the lost will is a codicil, this applies instead to beneficiaries of the original will.

All persons who would inherit as an heir of the testator if the lost will is not admitted to probate must be personally served with citation under § 258.002 or must execute an affidavit waiving citation. If the lost will is a codicil to an original will, the beneficiaries of the testator's original will - instead of the testator's heirs - must be personally served with citation under § 258.002 or must execute an affidavit waiving citation.

CRITICALCivil cases

If the suspension basis is listed in Transportation Code Section 521.243, the applicant must notify the attorney representing the State of the request for a hearing by submission and the hearing date.

If the basis for the suspension is listed in Section 521.243 of the Transportation Code, Applicant must notice the attorney representing the State of the request for hearing by submission and the hearing date.

CRITICAL

Service

Personal service

When the applicant is not the first and sole named executor, executors who are co-executors or have priority over the applicant may be personally served as an alternative to obtaining written declinations or showing proof of death.

When the Applicant to probate the will as a muniment of title isn’t named as the first and sole named executor of the will you must obtain written declinations to serve by all executors named in the will who are named co-executors or who have priority over the applicant, or have them personally served or show proof that they are deceased.

CRITICAL

When a bankruptcy concludes, counsel must notify the court and all counsel.

Once a bankruptcy has been concluded, whether by discharge, denial of discharge or otherwise, counsel shall within three (3) days notify the court and all counsel.

CRITICAL

Applies to

Objections

Objections must be timely filed and served to be addressed at the pretrial conference.

Any objections that have been timely filed and served in compliance with these rules will be addressed at the pretrial conference.

CRITICAL

Under TEC § 304.003, a non-Texas executor or administrator is disqualified to serve until the executor or administrator has appointed a resident agent to accept service of process and the appointment has been filed with the Court.

Under TEC § 304.003, a non-Texas executor or administrator is disqualified to serve until the executor or administrator has appointed a resident agent to accept service of process and the appointment has been filed with the Court.

CRITICALCivil cases

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

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

CRITICAL

Applies to

Proposed order

The prevailing party must send the proposed order to the opposing party as well as submit it to the Court.

Within seven (7) days of the Court’s ruling on contested matters the prevailing party shall submit a proposed order to the opposing party and the Court.

CRITICALCivil cases

When a will cannot be produced, the Clerk must issue citation to all parties interested in the estate.

Texas Estates Code § 258.002 requires that when a will cannot be produced in Court, the Clerk shall issue citation to all parties interested in the estate, which citation shall contain substantially the statements made in the application for probate as well as the time when, place where, and the court before which such application will be acted upon.

CRITICALCivil cases

Service

Personal service

Each person named as a devisee in the lost will must be personally served with citation or execute an affidavit waiving citation.

All persons who are named as devisees in the lost will must be personally served with citation under§ 258.002 or must execute an affidavit waiving citation.

CRITICALCivil cases

Immediately upon receiving the appointment order, the applicant must provide the attorney ad litem with the order, the probate application, and the will if applicable.

The applicant shall immediately, upon receipt of the Court's order appointing the attorney ad litem, provide the attorney ad litem with a copy of the order appointing the attorney ad litem, the application to probate the will, and a copy of the will sought to be probated (if applicable).

CRITICAL

A matter set for submission must be noticed to all parties at least seven days in advance.

Matters set for submission must provide at least seven (7) days’ notice to all parties.

CRITICAL

Applies to

Hearing notice

The party setting a hearing must immediately give the opposing party written notice stating the date, time, and subject matter.

It shall be the responsibility of the party setting a hearing, and not the responsibility of the court coordinator, to immediately give written notice to the opposing party of such setting, including date, time and subject matter.

CRITICALCivil cases

Service

Personal service

Heirs—or beneficiaries of a previously probated will instead—must be personally served with citation or deliver an affidavit waiving citation and stating that they do not object to probate of the offered will.

All persons who would inherit as an heir of the testator if the will is not admitted to probate must either (1) be personally served with citation or (2) deliver to the Court an affidavit waiving citation and indicating that the heir does not object to the offer of the testator's will for probate. If another will of the testator has previously been admitted to probate, all beneficiaries of the testator's probated will - instead of the testator' s heirs - must be personally served with citation or must deliver to the Court an affidavit waiving citation and indicating that the beneficiary does not object to the offer of the testator' s will for probate.

CRITICALCivil cases

Before probate, the specified notice must be served or affidavits waiving notice must be delivered to the Court.

When an applicant seeks to probate a will more than four years after the testator' s death, Texas Estates Code §§ 258.051 & 258 .053 require that specified notice by service of process must be given or affidavits waiving notice must be delivered to the Court before the probate of testator' s will:

CRITICAL

Within seven (7) days of service of a notice of trial, any party having an objection to the setting shall inform the court and all parties of the objection in writing and obtain a hearing on the objection.

Within seven (7) days of service of a notice of trial, any party having an objection to the setting shall inform the court and all parties of the objection in writing and obtain a hearing on the objection.

CRITICAL

Citation must be directed to all interested parties, including both potential heirs and named devisees in a lost-will proceeding, with the specified posting and personal-service-or-waiver procedure.

7.6 Special form of posting, plus either personal service or waivers of service. TEC § 258.002 requires citation to all parties interested in the estate, which for lost wills includes both heirs who would take if the lost will is not probated and devisees named in the will.

CRITICAL

Use the special form of posting and either personally serve the specified heirs or obtain their affidavits; if another will has already been admitted, serve or obtain affidavits from all beneficiaries of that will.

8.5 Special form of posting plus either personal service or affidavit waiving citation and waiving objection. TEC § 258.051 requires personal service upon all of the decedent’s heirs who are not applicants or affidavits from such individuals (or, if another will of decedent has previously been admitted to probate, service on or affidavits from all beneficiaries of that will).

WARNING

The notice requirement for an application for temporary restraining order or other ex parte relief does not apply if a verified party certificate or counsel certificate is filed with the application stating either specified basis.

Compliance with notice is not required if a verified certificate of a party or a certificate of counsel is filed with the application stating: a. That irreparable harm is likely imminent and there is insufficient time to notify the opposing party or counsel; or b. That to notify the opposing party or counsel would impair or annul the Court’s power to grant relief because the subject matter of the application could be compromised or property removed, secreted or destroyed, if notice were given.

WARNING

The court must promptly send dismissal-intent notice to each attorney of record and each pro se party whose address appears in the clerk’s file.

When a case has been placed on the dismissal docket, the court shall promptly send notice of the court's intention to dismiss for want of prosecution to each attorney of record and pro se party whose address is shown in the clerk's file.

WARNINGCriminal cases

Service

Email to all parties

Digital copies of physical evidence should be emailed to counsel for the parties before the hearing when practicable.

and to counsel for the parties before the hearing if practicable.

WARNING

A pro se litigant's failure to accept or collect mail sent to the provided mailing or email address counts as constructive receipt, which may be established by specified proof of delivery.

Failure to accept or to pick up mail sent to the mailing address or email address provided by a pro se litigant will be considered constructive receipt of the mailed or delivered document and may be established by a postal service receipt for certified or registered mail or comparable proof of delivery.

INFO

IT IS ORDERED that the Clerk of the Court to which this assignment is made, if it is reasonable and practicable, and if time pennits, give notice of this assignment to each attorney representing a party, and to each party representing himself or herself pro se, to a case that is to be heard in whole or in part by the assigned judge.

IT IS ORDERED that the Clerk of the Court to which this assignment is made, if it is reasonable and practicable, and if time pennits, give notice of this assignment to each attorney representing a party, and to each party representing himself or herself pro se, to a case that is to be heard in whole or in part by the assigned judge.