Jefferson County Courts at Law Service and Proof of Service Rules

CRITICAL

The Court must give notice of cases set for dismissal for want of prosecution, and dismissal occurs on the date stated in the notice.

Pursuant to Rule 165a, Texas Rules of Civil Procedure, the Court shall give notice that certain cases will be dismissed for want of prosecution. Such matters will be dismissed on the date indicated in the notice of dismissal.

CRITICAL

Until an order dismisses the ad litem, the ad litem must be notified of all hearings and conferences and served with all pleadings.

(e) Until an order is signed dismissing an ad litem, the ad litem shall be notified of all hearings and/or conferences with the Court, and shall be served with all pleadings.

CRITICAL

The proposed Ward must receive notice before the hearing and have an Attorney Ad Litem appointed to represent him.

The proposed Ward must receive prior notice and have an Attorney Ad Litem appointed to represent him at the hearing.

CRITICAL

The edited video deposition must be furnished to opposing counsel; failure may result in exclusion, and objections must be made and set for hearing at least 3 days before trial or they are waived.

Failure to furnish the edited version to opposing counsel may result in exclusion, and failure to make objections and set for hearing at least 3 days prior to trial will be waiver of objections; the objective being to avoid interruptions or delay in the presentation of video depositions.

CRITICAL

If the rule’s requirements are not satisfied, a motion to withdraw or substitute counsel must be heard after notice to the client and all other parties.

If all requirements of this Local Rule are not satisfied, a motion to withdraw or to substitute another attorney must be presented at a hearing after notice to the client and to all other parties.

CRITICAL

Service

Publication to clerk

If a Citation by Publication and OCA publication have been issued, they must be published and returned to the Clerk’s office before a hearing is obtained.

If a Citation by Publication and OCA publication has been issued in a case, it must be published and returned to the Clerk’s office prior to obtaining a hearing.

CRITICAL

If the Local Rule’s requirements are not met, the motion must be presented at a hearing after notice to the client and all other parties.

If all requirements of this Local Rule are not satisfied, a motion to withdraw or to substitute another attorney must be presented at a hearing after notice to the client and to all other parties.

CRITICAL

Applies to

Motion to withdraw

The withdrawing attorney must provide evidence that the client received the motion and hearing notice at least 7 days before the hearing.

The withdrawing attorney must provide evidence that the client has received a copy of the motion and notice of a hearing thereon at least 7 days in advance thereof.

CRITICAL

Service

Publication

The application must request citation by publication and posting on the OCA website to the specified heirs.

An Application to Determine Heirship must request proper Citation including Citation by publication and posting on the OCA website to unknown heirs and heirs whose whereabouts are unknown.

CRITICAL

Temporary guardianship relief may not be sought ex parte; the proposed Ward must receive notice before the hearing and have an Attorney Ad Litem appointed to represent him there.

(c) There is no provision for an ex parte temporary guardianship. The proposed Ward must receive prior notice and have an Attorney Ad Litem appointed to represent him at the hearing.

CRITICAL

Page and line designations must be exchanged between the parties under the referenced guidelines and furnished at trial to opposing counsel, the court reporter, and the court.

Page and line designations shall be exchanged between the parties pursuant to guidelines outlined in item "B" above and furnished at the time of trial to opposing counsel, the court reporter, and to the court.

CRITICAL

Applies to

Citations and notices

Citations and notices issued for dependent proceedings must be re-posted and noticed before independent administration can be granted.

If it doesn’t specify “Independent” the Court and the Clerk interprets the term “Administration” to mean “Dependent”. Citations and Notices will be for “Dependent” proceedings, and must be re-posted and noticed before an Independent Administration can be granted.

CRITICAL

Service

Publication to clerk

If a Citation by Publication and OCA publication has been issued, it must be published and returned to the Clerk’s office before obtaining a hearing.

If a Citation by Publication and OCA publication has been issued in a case, it must be published and returned to the Clerk’s office prior to obtaining a hearing.

CRITICAL

The trial-setting request must be sent to all counsel.

The request must be sent to all Counsel.

CRITICAL

Applies to

Filing notice letter

Service

Mail to all parties

When signature approval has not been obtained, the presenting Counsel must mail all Counsel notice that the proposed order or judgment was filed and provide the Court a copy of the letter.

All proposed judgments and orders shall be e-filed to the Court after the presenting Counsel has either obtained signature approval from all other Counsel, or has provided the Court with a copy of a letter mailed to all Counsel notifying them that the proposed order or judgment was filed with the Court.

CRITICAL

Applies to

Edited video deposition

The edited video deposition must be furnished to opposing counsel under the referenced guidelines; failure to do so may result in exclusion.

The edited version shall be furnished to opposing counsel pursuant to the guidelines outlined in B., above. Failure to furnish the edited version to opposing counsel may result in exclusion

CRITICAL

Applies to

Deposition page line designations

Deposition page and line designations must be exchanged and furnished at trial to opposing counsel, the court reporter, and the court.

Page and line designations shall be exchanged between the parties pursuant to guidelines outlined in item "B" above and furnished at the time of trial to opposing counsel, the court reporter, and to the court.

CRITICAL

Citations and notices issued for a dependent proceeding must be re-posted and noticed before independent administration may be granted.

Citations and Notices will be for “Dependent” proceedings, and must be re-posted and noticed before an Independent Administration can be granted.

CRITICAL

The withdrawing attorney must provide evidence that the client received the motion and hearing notice at least 10 days before the hearing.

The withdrawing attorney must provide evidence that the client has received a copy of the motion and notice of a hearing thereon at least 10 days in advance thereof.

CRITICAL

Applies to

Motion in limine

If counsel intends to file a Motion in Limine or desires to limine possible matters, the motion must be prepared and served on all counsel of record before the pre-trial conference.

A. MOTIONS IN LIMINE: If a Motion in Limine is to be filed or if counsel desires to limine possible matters, a Motion in Limine shall be prepared and served on all counsel of record before the pre-trial conference.

CRITICAL

Applies to

Deposition

The court must be furnished a copy of any deposition to be read so it can rule on objections.

Additionally, the court shall be furnished a copy of any deposition to be read, for the purpose of ruling on objections.

CRITICAL

Applies to

Trial setting request

The trial-setting request must be sent to all Counsel.

The request must be sent to all Counsel.

CRITICAL

Applies to

Amendment to pleading

Amendments to pleadings must comply with the Texas Rules of Civil Procedure, be filed with notice to all other parties, and comply with docket control orders.

Amendments to pleadings shall be filed in accordance with the Texas Rules of Civil Procedure and shall be filed only with notice to all other parties, and subject to any docket control orders.

CRITICAL

Service

Mail

In addition to any other service, serve self-represented litigants by regular mail at their last known current mailing address.

Additionally, service on self-represented litigants shall also be made by mailing a copy by regular mail to the last known current mailing address.

CRITICAL

A motion in limine must be served on all counsel of record before the pre-trial conference.

If a Motion in Limine is to be filed or if counsel desires to limine possible matters, a Motion in Limine shall be prepared and served on all counsel of record before the pre-trial conference.

CRITICAL

Pleading amendments must comply with the Texas Rules of Civil Procedure, be filed only with notice to all other parties, and remain subject to docket control orders.

(c) Amendments to pleadings shall be filed in accordance with the Texas Rules of Civil Procedure and shall be filed only with notice to all other parties, and subject to any docket control orders.

CRITICAL

Service

Mail to all parties

If signature approval is not obtained, the presenting counsel must mail all counsel notice that the proposed order or judgment was filed.

or has provided the Court with a copy of a letter mailed to all Counsel notifying them that the proposed order or judgment was filed with the Court.

CRITICAL

The party setting a case must timely notify all other parties.

Any party setting a case shall be responsible for timely notifying all other parties in the case.

CRITICAL

Applies to

Hearing notice

After receiving a hearing date and time, moving counsel must immediately notify all counsel in writing of the date, time, and subject matter and provide a copy to court personnel.

(c) Court personnel are responsible for scheduling the dates and times for hearings. Upon receiving the date and time of hearing, the moving Counsel shall immediately notify all Counsel in writing as to the date, time and subject matter of the hearing. A copy of this communication shall be provided to the Court personnel.

CRITICAL

Applies to

Pleading

Until dismissal by signed order, the ad litem must be notified of every court hearing and conference and served with all pleadings.

Until an order is signed dismissing an ad litem, the ad litem shall be notified of all hearings and/or conferences with the Court, and shall be served with all pleadings.

CRITICAL

The court must be furnished a copy of any deposition that will be read so it can rule on objections.

Additionally, the court shall be furnished a copy of any deposition to be read, for the purpose of ruling on objections.

CRITICAL

A party setting a case is responsible for timely notifying all other parties.

Any party setting a case shall be responsible for timely notifying all other parties in the case.

WARNING

Deadline

2 hours

Movants are strongly urged to give opposing counsel at least two hours’ notice of the intended time and place of presentation, unless the court directs otherwise.

Movant is strongly urged to give counsel notice of at least 2 hours that the Movant intends to present the application to the Court at a given time and place, unless otherwise directed by the court.

WARNING

Applies to

Exhibits

Attorneys should exchange exhibits before the pre-trial conference or at a mutually agreed date and time no later than 7 days before the trial docket period begins.

Attorneys should mark and number their exhibits and exchange prior to the pre-trial conterence or at a mutually agreed date and time no later than 7 days prior to the beginning of the trial docket period, so that objections can be made and ruled upon at the pre-trial conference.

WARNING

Deadline

2 hours

Movants are strongly urged to notify counsel at least two hours before presenting the application, unless the court directs otherwise.

Movant is strongly urged to give counsel notice of at least 2 hours that the Movant intends to present the application to the Court at a given time and place, unless otherwise directed by the court.

WARNING

Attorneys should exchange exhibits before the pre-trial conference or at a mutually agreed date and time no later than 10 days before the trial docket period begins.

No exhibit list is necessary. Attorneys should mark and number their exhibits and exchange prior to the pre-trial conference or at a mutually agreed date and time no later than 10 days prior to the beginning of the trial docket period, so that objections can be made and ruled upon at the pre-trial conference.

INFO

Service

Electronic service

Service on a pro se party may be made through the Texas efile system to the litigant's current and valid email address.

Service upon a pro se party may be utilized by serving through the Texas efile system to the current and valid email address of the litigant.