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

CRITICAL

Applies to

Setting request

Setting requests must use the designated form, be filed with the clerk, and be copied to the court coordinator, opposing counsel, and unrepresented parties; granted requests are confirmed in writing.

All requests for pre-trial or trial settings shall be made on the setting request form, which is available on the district clerk's website. The requesting party must file the form with the clerk and send a copy of the form to the court coordinator for the court in which the action is pending. All opposing counsel and unrepresented parties shall be copied. If the request is granted, it will be confirmed in writing.

CRITICAL

When opposing counsel of record has been designated, the applicant must serve them in a manner calculated to provide immediate notice of the ex parte application.

B. In any case in which counsel of record for the nonmoving party has been designated, the party filing the application must serve opposing counsel in a manner calculated to give opposing counsel immediate notice of the filing.

CRITICAL

Applies to

Citation

The clerk must attach a copy of the Standing Temporary Restraining Order to each citation to be served.

B. The clerk of this court shall attach to each citation to be served, a copy of the Standing Temporary Restraining Order.

CRITICAL

The Standing Temporary Restraining Order becomes effective on the Respondent upon service of citation, signature of a waiver, or receipt of actual notice by another means.

B. The clerk of this court shall attach to each citation to be served, a copy of the Standing Temporary Restraining Order. Said Standing Temporary Restraining Order shall become effective on the Respondent when citation is served, a waiver is signed or actual notice in some other manner is received.

CRITICAL

If the defendant is under arrest, a copy of the no-bill certificate must be delivered immediately to the Sheriff and the defendant.

A. Defendant Under Arrest: If the defendant is under arrest, a copy of the certificate shall be delivered to the Sheriff and the Defendant immediately.

CRITICAL

If the defendant is under bond, a copy of the no-bill certificate must be delivered immediately to the surety and the defendant.

B. Defendant Under Bond: A copy of the certificate shall be delivered to the surety (bondsman) and defendant immediately.

CRITICAL

The District Attorney must be served with a copy of the surety-release affidavit.

The District Attorney shall be served with a copy of the affidavit.

CRITICAL

Sureties must receive forty-five days' advance notice of any trial setting.

After the surety files an answer or defaults, the District Clerk shall notify the proper court coordinator for a trial setting to be docketed. The sureties shall be given forty-five days advance notice of any trial setting.

CRITICAL

The Notice of Setting must be delivered to the defendant and counsel at arraignment.

A Notice of Setting shall be delivered to the defendant and counsel at arraignment.

WARNING

Counsel should notify opposing counsel, and when appropriate the Court or others, as soon as practicable when a hearing, deposition, meeting, conference, or closing is cancelled.

5. I will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as practicable, when hearings, depositions, meetings, conferences or closings are cancelled.

WARNING

Applies to

Motion or pleading

Counsel must not serve motions or pleadings in a manner that unfairly limits another party’s opportunity to respond.

7. I will not serve motions or pleadings in any manner that unfairly limits another party's opportunity to respond.

WARNING

Applies to

Order

Counsel should promptly submit orders, provide opposing counsel copies before or at the same time as submission, and promptly approve orders that accurately reflect the Court’s rulings.

12. I will promptly submit orders to the Court. I will deliver copies to opposing counsel before or contemporaneously with submission to the Court. I will promptly approve the form of orders which accurately reflect the substance of the rulings of the Court.

WARNING

Private service of process under Texas Rule 103 is permitted; an application to join the approved-process-server list must be presented to the local administrative judge.

The Courts have adopted a blanket order permitting private service of process pursuant to Rule 103 of the Texas Rules of Civil Procedure. Application for approval to be added to the list shall be presented to the local administrative judge. A list of approved process servers is maintained in the District Clerk's office.