Court Rules

Kaufman County District Courts Service and Proof of Service Rules

6 rules from official source documents

E-service, mail, personal service, proof of service, certificate, and timing requirements. This page is scoped to Kaufman County District Courts; use the court rules overview to switch categories without leaving this court.

Applies to
Ex parte application
Service
Other to opposing party

Counsel or a pro se party seeking a temporary restraining order or other ex parte relief must give notice and provide the application and proposed order at least two hours before presentation, unless a timely verified certificate establishes an applicable notice exception.

Counsel (or prose party) presenting any application for a Temporary Restraining Order or other Ex Parte relief shall: 1. Notify the opposing party's counsel or the opposing party if unrepresented by counsel, and 2. Provide opposing counsel or party with a copy of the application and proposed order at least 2 hours before the application and proposed order are to be presented to the Court for decision. ii. Compliance with the above provision is not required if a verified certificate of a party or certificate of counsel is filed with the application and states that: 1. Irreparable harm is imminent-and there is insufficient time to notify the opposing party or counsel; and/or 2. 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 accomplished or property removed, secreted or destroyed, if notice were required.

Court-level rulesCRITICALOfficial source
Applies to
Ex parte application

For a temporary restraining order or other ex parte relief, the presenting party must notify the opposing party and provide a copy of the application and proposed order at least two hours before presentment.

The party presenting any Temporary Restraining Order or other ex parte relief shall: 1. Notify the opposing party and 2. Provide the party with a copy of the application and proposed order at least 2 hours before the application and proposed order are to be presented to the Court for decision.

Judge Casey L. BlairCRITICAL
Applies to
Bail review hearing

A defendant who is not in custody must receive reasonable notice of the bail-review hearing.

If the defendant is not in custody, reasonable notice shall be given.

Judge Casey L. BlairCRITICAL
Applies to
Dwop notice
Service
Email to all parties

The clerk must email the written DWOP notice to all parties or their counsel of record.

Subject to other provisions of these rules, the Clerk shall email a written notice of such dismissal to all parties or their counsel of record.

Judge Shelton T. W. Gibbs IVCRITICAL
Applies to
Dwop notice
Service
Mail to all parties

When no email address is on file, the clerk must mail the written notice instead of emailing it.

If no email is on file then the Clerk shall mail a written notice of such a setting.

Judge Shelton T. W. Gibbs IVCRITICAL
Applies to
Motion

A copy of the withdrawal motion must be delivered or mailed to opposing counsel.

A copy of the motion shall be delivered or mailed to opposing counsel.

Judge Casey L. BlairWARNING
Common questions about Kaufman County District Courts service and proof of service rules

What rule applies to service for ex parte application in Kaufman County District Courts?

The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party. Counsel or a pro se party seeking a temporary restraining order or other ex parte relief must give notice and provide the application and proposed order at least two hours before presentation, unless a timely verified certificate establishes an applicable notice exception.

View ruleSource: page 2, section 2. APPLICATION FOR TRO AND OTHER EX PARTE ORDERS

What rule applies to service for dwop notice in Kaufman County District Courts?

The rule addresses service method, recipient, or timing requirements. Details: method: service by email, recipient: all parties. The clerk must email the written DWOP notice to all parties or their counsel of record.

View ruleSource: page 1, section DISMISSAL FOR WANT OF PROSECUTION (DWOP)

What rule applies to service for dwop notice in Kaufman County District Courts?

The rule addresses service method, recipient, or timing requirements. Details: method: service by mail, recipient: all parties. When no email address is on file, the clerk must mail the written notice instead of emailing it.

View ruleSource: page 1, section DISMISSAL FOR WANT OF PROSECUTION (DWOP)

What rule applies to service for ex parte application in Kaufman County District Courts?

The rule addresses service method, recipient, or timing requirements. For a temporary restraining order or other ex parte relief, the presenting party must notify the opposing party and provide a copy of the application and proposed order at least two hours before presentment.

View ruleSource: page 4, section Ex Parte Orders

What rule applies to service for bail review hearing in Kaufman County District Courts?

The rule addresses service method, recipient, or timing requirements. A defendant who is not in custody must receive reasonable notice of the bail-review hearing.

View ruleSource: page 2, section 6. Conduct of the Review

What rule applies to service for motion in Kaufman County District Courts?

The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party. A copy of the withdrawal motion must be delivered or mailed to opposing counsel.

View ruleSource: page 6, section WITHDRAWAL/SUBSTITUTION OF COUNSEL