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

CRITICAL

Setting requests must be made in writing and timely delivered to the District Court Coordinator and opposing counsel or pro se parties.

Requests for settings shall be made in writing and timely delivered to the District Court Coordinator and to opposing counsel or pro se parties.

CRITICAL

Applies to

Certified copy of indictment

Immediately after an indictment is returned, the District Clerk, District Attorney, and Sheriff must cause a certified copy to be served on the accused.

Immediately following the return of an indictment, the District Clerk, District Attorney and Sheriff of the pertinent County shall cause a certified copy thereof to be served on the accused.

CRITICAL

Final pretrial matters, pleadings, and required discovery documents must be served on opposing counsel and pro se parties at least seven days before the conference.

All matters, including final pleadings and required discovery documents, shall be filed at least seven (7) days prior to the date the Final Pretrial Conference is scheduled or earlier if otherwise provided by law or order of the Court and shall be served on all opposing counsel and pro se parties with a copy provided to the Court.

CRITICAL

Exhibits must be exchanged with all parties as required by the Scheduling Order or, if there is no Scheduling Order, at least three days before the Final Pretrial Conference.

(e) All exhibits, including filings required by the Texas Rules of Evidence, shall be exchanged with all parties as ordered by the Scheduling Order in the case, or, if no scheduling order was issued, then such exhibits shall be exchanged not later than three (3) days prior to the Final Pretrial Conference;

CRITICAL

Unless the parties agree in writing or the Court orders otherwise, counsel offering trial videotapes or films other than those offered solely for impeachment must make them available to opposing counsel and serve deposition page-and-line designations at least 14 days before the Final Pretrial Conference.

(a) Unless otherwise expressly agreed upon by the parties in writing or order by the Court, counsel intending to offer videotaped depositions or other films or videotapes at trial, except those offered solely for impeachment, must make such videotapes and films available to opposing counsel and serve opposing counsel with page and line designations for videotaped depositions, not later than 14 days prior to the Final Pretrial Conference.

CRITICAL

Opposing counsel must serve the proffering attorney deposition page-and-line designations at least 10 days before the Final Pretrial Conference.

Opposing counsel shall then serve the proffering attorney with page and line designations of any portion of the videotaped deposition he or she intends to introduce at trial not later than 10 days prior to the Final Pretrial Conference.

CRITICAL

The proffering attorney must serve opposing counsel any further deposition page-and-line designations at least 7 days before the Final Pretrial Conference.

The proffering attorney shall then serve opposing counsel with page and line designations of any portion of the videotape deposition he or she further intends to introduce at trial not later than 7 days prior to the Final Pretrial Conference.

CRITICAL

The bankrupt party’s attorney must ensure that the Court is contacted immediately and that written notice with specified bankruptcy information is provided to the Court and all counsel within three days of the filing.

Whenever any party to litigation in this Court files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party's attorney to notify the attorney appearing for the party in bankruptcy to (i) promptly notify this Court by immediately contacting the District Court Coordinator and to (ii) within three (3) days of any bankruptcy filing to provide written notice to the Court and to all counsel in the case that a bankruptcy filing has occurred, giving the name and location of the bankruptcy court, the bankruptcy cause and case number and style of the case, the date of filing and the name and address of counsel for the bankrupt.

CRITICAL

Applies to

Income statement

The written income statement must be filed with the District Clerk and served on counsel or pro se parties no later than the day before the temporary-orders hearing.

All parties to this action shall file with the District Clerk and serve all counsel or pro se parties with a written statement accurately showing the gross income of each party hereto for the preceding three (3) calendar months and the preceding three (3) calendar years by at least the day preceding the hearing on temporary orders.

CRITICAL

Applies to

Temporary order application and hearing notice

An application for a temporary order and notice of its hearing must be served on the adverse party under Texas Rules of Civil Procedure 5 and 21a.

An application to the Court for a temporary order and notice of any hearing thereon shall be served on the adverse party in accordance with Rule 5 and Rule 21a of the Texas Rules of Civil Procedure, as amended.

CRITICAL

The Respondent must serve a copy of the completed composite inventory on the Petitioner at least 7 days before trial.

The Respondent shall complete and file the composite inventory with the Court and serve a copy of the same on Petitioner not less than seven (7) days prior to trial.

WARNING

Parties and counsel must timely examine tendered videotapes or films and notify the Court and opposing counsel of admissibility objections.

(c) All parties and counsel must timely examine any tendered videotapes or films and notify the Court and opposing counsel of any objections to the admissibility of any part of the videotape or film.

WARNING

After a bankruptcy case concludes, counsel must promptly notify the District Court Coordinator and provide a copy of the bankruptcy order.

Once a bankruptcy case has been concluded, whether by discharge, denial of discharge, dismissal or otherwise, counsel shall promptly notify the District Court Coordinator and shall provide a copy of such bankruptcy order so that the affected case may be restored to the active docket or be dismissed as may be appropriate.