Lee County District Court, Texas Service and Proof of Service Rules

CRITICAL

When required by these rules or other applicable law, the requesting party must notify all attorneys of record and self-represented litigants of the hearing setting.

The requesting party shall, when required by these rules or other applicable law, notify all attorneys of record or self-represented litigants of such setting.

CRITICAL

The arresting agency or appropriate County Sheriff must give the defendant a Notice of Court Setting at arrest or release on bond.

The arresting agency, or the appropriate County Sheriff, shall give the defendant at the time of arrest, or release from jail on bond, a Notice of Court Setting which shall have a date for the defendant to appear in court.

CRITICAL

Immediately upon employment, defense counsel must give written notice to the District Attorney and the Court Coordinator or appropriate District Clerk, including the accused’s name, charged offenses, and cause number if known.

Immediately upon employment, the defense attorney shall give written notice thereof to the District Attorney and the Court Coordinator, or appropriate District Clerk if there is no Court Coordinator for the particular county in question, stating the name of the accused, the offense(s) charged and cause number, if known.

CRITICAL

Applies to

Motion to withdraw

When withdrawal is without the client's written consent, the attorney must send the client the withdrawal motion and the applicable hearing or submission notice by certified mail or email.

If withdrawal is without the written consent of the client, the withdrawing attorney shall forward to his client by certified mail or email a copy of his or her Motion to Withdraw and a copy of the Notice of Hearing or Notice of Submission without a hearing.

CRITICAL

Applies to

Order granting leave to withdraw

After leave to withdraw is granted, the attorney must send the client a copy of the granting order by certified mail or email.

After leave is granted, the withdrawing attorney shall send the client a copy of the Order granting leave to withdraw by certified mail or email.

CRITICAL

The person filing a Setting Request must deliver a copy to every attorney of record and self-represented litigant in the case.

The attorney or party filing the Setting Request shall cause to be delivered to all attorneys of record and all self-represented litigants in the case a copy of the Setting Request.

CRITICAL

Applies to

Notice of setting

The requesting party must deliver the Notice of Setting to each attorney of record and self-represented litigant at the address listed in the Setting Request.

The requesting party shall deliver a Notice of Setting to each attorney of record and self-represented litigant at the address shown on the Setting Request.

CRITICAL

When the Local Rules or applicable law require it, the requesting party must notify all attorneys of record and self-represented litigants of the hearing setting.

The requesting party shall, when required by these Local Rules or other applicable law, notify all attorneys of record or self-represented litigants of such setting.

CRITICAL

Notice of intention to dismiss must be given under Rule 165a to attorneys of record and self-represented litigants at addresses shown on the docket or in the pleadings.

Notice of Intention to Dismiss shall be given in accordance with Rule 165a of the Texas Rules of Civil Procedure to all attorneys of record and self-represented litigants whose addresses are shown on the docket or in the pleadings on file.

CRITICAL

Postcard notification of a dismissal order must follow Rule 306a of the Texas Rules of Civil Procedure.

Postcard notification of the Dismissal Order shall be as provided in Rule 306a of the Texas Rules of Civil Procedure.

CRITICAL

On the filing date, a duplicate must be delivered to opposing counsel and self-represented litigants so they can approve or object to its form or consistency with the Court’s ruling.

On the same date the document is filed, a duplicate of the document shall be delivered to opposing counsel and self-represented litigants to provide an opportunity to approve or object to the form of the document or that the document is inconsistent with the Court’s ruling (i.e., not a re-argument of the merits).

CRITICAL

Service

Mail

When the client has not given written consent to withdrawal, the attorney must send the client copies of the Motion to Withdraw and the Request for Setting or Notice of Submission without a hearing by certified mail.

If withdrawal is without the written consent of the client, the withdrawing attorney shall forward to his client by certified mail a copy of his or her Motion to Withdraw and a copy of the Request for Setting or Notice of Submission without a hearing.

CRITICAL

A copy of the Motion to Withdraw and the Request for Setting or Notice of Submission without a hearing must be delivered or mailed to opposing counsel.

A copy of the Motion to Withdraw and Request for Setting or Notice of Submission without a hearing shall be delivered or mailed to any opposing counsel.

CRITICAL

Service

Mail

After the court grants leave to withdraw, the attorney must send the client a copy of the order by certified mail.

After leave is granted, the withdrawing attorney shall send the client a copy ofthe Order granting leave to withdraw by certified mail.

CRITICAL

A copy of the order granting leave to withdraw must also be sent to opposing counsel.

A copy of the Order shall then be sent to opposing counsel.

CRITICAL

A notice of submission must set a submission date at least ten days after service.

The Notice shall clearly state that any party may either request a hearing or submit a written response on or before a specific submission date that is at least ten (l0) days after service of such statement.

CRITICAL

Applies to

Setting request

The filer of a setting request must deliver a copy to every attorney of record and every pro se party in the case.

The attorney or party filing the Setting Request shall cause to be delivered to all attorneys of record and all parties pro se in the case a copy ofthe Setting Request.

CRITICAL

The requesting party must deliver the Notice of Setting to each attorney of record and pro se party at the address on the Setting Request.

The requesting party shall deliver a Notice of Setting to each attorney of record and party pro se at the address shown on the Setting Request.

CRITICAL

Notice of intention to dismiss must be given under Rule 165a to attorneys of record and pro se parties at addresses shown on the docket or in the pleadings.

Notice of Intention to Dismiss shall be given in accordance with Rule 165a of the Texas Rules of Civil Procedure to all attorneys of record and parties pro se whose addresses are shown on the docket or in the pleadings on file.

CRITICAL

On the date a document is filed after a ruling, a duplicate must be delivered to opposing counsel and self-represented parties so they can approve or object to its form or consistency with the ruling, not reargue the merits.

On the same date the document is filed, a duplicate of the document shall be delivered to opposing counsel and parties pro se to provide an opportunity to approve or object to the form of the document or that the document is inconsistent with the Court's ruling (i.e., not a re­ argument of the merits).

CRITICAL

Applies to

Notice of court setting

The arresting agency or appropriate County Sheriff must give the defendant a Notice of Court Setting, with an appearance date, at arrest or release from jail on bond.

The arresting agency, or the appropriate County Sherifl~ shall give the defendant at the time of arrest, or release from jail on bond, a Notice of Court Setting which shall have a date for the defendant to appear in court.

WARNING

When the Local Rules or applicable law require it, the requesting party must notify all attorneys of record or pro se parties of the setting.

The requesting party shall, when required by these Local Rules or other applicable law, notify all attorneys of record or parties pro se of such setting.

WARNING

Postcard notification of a Dismissal Order must be provided as specified in Rule 306a.

Postcard notification of the Dismissal Order sha1l be as provided in Rule 306a of the Texas Rules ofCivil Procedure.