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

CRITICALCivil cases

Deadline

5 working days

The listed trial-preparation materials must be provided to opposing counsel and any self-represented party at least five working days before the Pretrial Hearing.

Pursuant to Rule 166 of the Texas Rules of Civil Procedure, the following documents and materials shall be provided to all opposing counsel and any self-represented party no fewer than five (5) working days prior to the scheduled Pretrial Hearing, and must be brought to the hearing:

CRITICAL

Self-represented litigants must provide valid mailing, telephone, and email contact information for court personnel and opposing counsel.

Self-represented litigants are required to provide a valid mailing address, telephone number, and email address for communication with court personnel and opposing counsel.

CRITICAL

Service

Mail

Notices sent by mail to a self-represented litigant’s provided contact information are deemed constructively received even if not retrieved or acknowledged; proof of delivery may include a postal receipt or comparable evidence.

Notices sent to the provided contact information, whether by mail or electronically, will be deemed constructively received, even if not retrieved or acknowledged. Proof of delivery may include a postal receipt for certified or registered mail, confirmation of electronic transmissiorL or other comparable evidence of delivery.

CRITICAL

In cases involving an attorney ad litem, attorneys must promptly give the ad litem written notice of the appointment and scheduled settings, no later than five days after appointment.

In any case involving the appointment of an attorney ad litem, all attomeys have an affirmative duty to provide written notice of the appointment and any scheduled settings to the ad litem without delay and no later than five (5) days from the date of appointment.

CRITICAL

When a party files for bankruptcy protection, its counsel must provide written notice to the court and all counsel within three days, including the specified bankruptcy and counsel details.

Whenever a party in this court files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that par$r's counsel to, within three (3) days of any bankruptcy filing, provide written notice to the court and all counsel that a bankruptry has occurred, stating the name and location of the bankruptcy cour! the bankruptcy cause number and style, the date of filing and the narne and address of counsel for the bankrupt party, as well

CRITICAL

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

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

CRITICAL

All opposing counsel must receive notice of the hearing on a motion for entry of a proposed order, decree, or judgment.

file a motion for entry of the proposed order, decree or judgmen! secure a hearing on same no sooner than ten (10) days from the date of filing of the motion and provide notice to all opposing counsel.

CRITICAL

All opposing counsel must receive the proposed judgment and a copy of the letter.

Notice shall be providerl to all opposing counsel by providing them with the proposed judgment and a copy of the letter.

CRITICAL

Applies to

Certificate

If the defendant is under arrest, a copy of the Certificate of No-Bill 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

Applies to

Certificate

If the defendant is under bond, a copy of the Certificate of No-Bill must be delivered immediately to the surety or bondsman and the defendant.

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

CRITICAL

A party responding to the specified motion must present opposing counsel with written objections or an alternative proposed order at least three days before the hearing.

c. a party responding to a motion filed under subsection a. of this rule shall at least three (3) days prior to the hearing, present to opposing counsel a written list of objections to the order (or an altemative proposed order).

CRITICAL

Each party must furnish the ad litem copies of all pleadings, orders, and other filed documents.

Each parry must also fumish the ad litem with copies of all pleadings, orders, and other filed documents.

CRITICAL

Counsel must provide all opposing counsel with the proposed judgment and a copy of the letter.

Notice shall be provided to all opposing counsel by providing them with the proposed judgment and a copy of the letter.

CRITICAL

Immediately upon employment, defense counsel must provide written notice of employment to the district attorney, district clerk, and court coordinator.

Immediately upon employment, the defense attomey shall give written notice of said employment to the district attomey, the district clerk and the court coordinator stating the name of the defendanf the date of and the offense(s) charged and cause number, if known.

CRITICAL

Applies to

Formal motion

Once a formal motion is filed with the clerk and served on the district attorney, the court shall set a definite hearing date at the motions ancillary.

If a formal motion has been filed with the clerk and served upon the district attorney in compliance with these rules, a date certain shall be set by the court at the motions ancillary for a hearing on said motion.

CRITICAL

Applies to

Formal motion

Once a formal motion is filed with the clerk and served on the district attorney, the court shall set a definite hearing date at the motions ancillary.

If a formal motion has been filed with the clerk and served upon the district attomey in compliance with these rules, a date certain shall be set by the court at the motions ancillary for a hearing on said motion.

CRITICAL

Matters not requiring testimony may be set by submission if opposing counsel receives at least ten days’ written notice and an opportunity to object.

Matters that do not require testimony will be allowed to be set by submission at any time, provided that opposing counsel receives at least ten (10) days written notice with the opportunity to object.

CRITICAL

Notice of designated vacation weeks must be served on the court, opposing counsel, and the appropriate clerk.

Notice of the designated vacation weeks must be served on the court, opposing counsef and the appropriate clerk.

CRITICAL

The party requesting a hearing must promptly give the opposing party written notice of the setting’s date, time, and subject matter using the court’s specified form.

It is the responsibility of the party requesting a hearing-not the court coordinator-to promptly provide written notice to the opposing party of the scheduled setting, including the date, time, and subject matter, using the courf s Confirmation of Hearing or Setting Request form.

CRITICAL

In a case involving an attorney ad litem, attorneys must promptly provide the ad litem written notice of the appointment and scheduled settings, no later than five days after appointment.

In any case involving the appointment of an attorney ad litem, all attomeys have an affirmative duty to provide written notice of the appointment and any scheduled settings to the ad litem without delay and no later than five (5) days fromthe date of appointment.

CRITICAL

Failure to serve the parties required to be served is grounds for denying a surety’s request for surrender.

Failure to provide service to the parties required to be served will be grounds for denial of the request for surrender.

WARNING

Objections timely filed and served under these rules will 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.

WARNING

Applies to

Notice of hearing

The party requesting a hearing must promptly give the opposing party written notice using the court’s form and stating the setting’s date, time, and subject matter.

It is the responsibility of the party requesting a hearing-not the court coordinator-to promptly provide written notice to the opposing party of the scheduled setting, including the date, time, and subject matter, using the courfs Confirmation of Hearing or Setting Request form.

WARNING

A motion for entry of an order, decree, or judgment must be accompanied by notice to all opposing counsel.

file a motion for entry of the proposed order, decree or judgmen! secure a hearing on same no sooner than ten (10) days from the date of filing of the motion and provide notice to all opposing counsel.