McLennan County Courts at Law Service and Proof of Service Rules

CRITICAL

Applies to

Exhibits

Exhibits must be provided to the official court reporter and exchanged with all parties before the proceeding.

must be timely provided to the official court reporter and exchanged with all parties prior to the proceeding.

CRITICAL

A party must serve all other parties written or otherwise verifiable notice of a hearing within one business day after receiving the setting.

Upon setting a motion or other matter for hearing , a party must serve written notice on all other parties in written or other verifiable form , within one business day of receipt of such setting.

CRITICAL

A party making a written trial-setting request to the Court Administrator must provide a copy to all other parties.

Any party may schedule the trial of a cause, subject to any scheduling order, by submitting a written request to the Court Administrator, with a copy to all other parties, setting out the following :

CRITICAL

Applies to

Pre trial motion

d. timely file and serve all pre-trial motions, accompanied by a written proposed order with each motion .

d. timely file and serve all pre-trial motions, accompanied by a written proposed order with each motion .

CRITICAL

An attorney permitted to withdraw must provide the defendant with the withdrawal order and written notice of the defendant's next scheduled court appearance.

Any attorney allowed to withdraw as counsel must provide the defendant with both a copy of the order granting the withdrawal and written notice of the defendant's next scheduled Court appearance.

CRITICAL

Applies to

Subpoena

Attorneys must have issued and served any subpoenas required for a pre-trial evidentiary-motion hearing.

e. Attorneys will have issued and served any subpoenas required for pre-trial hearing of evidentiary motions.

CRITICAL

A trial-continuance request must be served on opposing counsel.

a. Any request for a trial continuance by the State or the Defense must be submitted in writing, verified, and seNed on opposing counsel.

CRITICAL

Applies to

Pre trial motion

Pre-trial motions must be served on opposing counsel by seven days before the initial Pre-trial Docket setting or they are waived and may not be raised or filed later.

b. All pre-trial motions not filed and served upon opposing counsel by seven (7) days prior to the initial Pre-trial Docket setting are waived and may not be raised or filed thereafter.

CRITICAL

Deadline

1 business days

A party must serve written or otherwise verifiable notice of a hearing setting on all other parties within one business day after receiving the setting.

Upon setting a motion or other matter for hearing, a party must serve written notice on all other parties in written or other verifiable form , within one business day of receipt of such setting.

CRITICAL

Deadline

24 hours

Applies to

Exhibits

A pro se party who cannot e-file must email the exhibits to the court reporter and all other parties at least 24 hours before the hearing.

If a prose party does not have the ability to e-file, the prose party must email the exhibits to the official court reporter and all other parties at least 24 hours prior to the hearing.

CRITICAL

A written trial-setting request to the Court Administrator must also be provided to all other parties.

by submitting a written request to the Court Administrator, with a copy to all other parties

CRITICAL

Applies to

Continuance motion

A motion to continue Pre-trial must be served on opposing counsel.

a. must be submitted in writing, verified , and served on opposing counsel ;

CRITICAL

An attorney seeking to withdraw must give the State and the defendant written notice of the hearing date and time, and tell the defendant that they may appear and oppose the motion.

c. By giving written notice to the State and to the Defendant of the hearing date and time, including notice to the Defendant that he/she may appear and oppose the motion .

WARNING

Documents offered into evidence should be shared with all parties before the hearing.

Any documents offered into evidence should be shared with all parties prior to the hearing.