Montgomery County Courts at Law Service and Proof of Service Rules

CRITICALCivil cases

If the court provides a new setting date after a party improperly selected one, the party must notify the other parties and file the setting in the case.

10.3 Failure to Contact Court: If a party fails to comply with Rule 10.2 and, instead, picks a date and time for a setting without the Civil Trial Court providing such date and time, upon the Civil Trial Court learning of such a setting and receiving a request for a ruling, the Civil Trial Judge will either, at his or her discretion, rule or provide the party with a new date and time for the setting, which the party must then notice to the other parties and file in the case.

CRITICALCivil cases

Service

Email to all parties

Exhibits intended for a hearing must be emailed to all parties and the Court Reporter by 3:00 p.m. the day before the hearing.

If you intend to offer any exhibits during the hearing you need to email them to all parties, and the Court Reporter no later than 3:00 p.m. the day before the hearing.

CRITICALCivil cases

Deadline

24 hours

Service

Email

Hearing exhibits and their list must be emailed to all parties and the Court at least 24 hours before the hearing.

5. Exhibits. If a party intends to offer any exhibits during a hearing, an exhibit list and the exhibits must be emailed to all parties and the Court, attention to Kayla Argueta (Court Coordinator) at kayla.argueta@mctx.org and Melody Meador (Court Reporter) at melody.meador@mctx.org at least 24 hours in advance of the hearing,

CRITICALCivil cases

When a will is offered for probate, service must use the identical name of the deceased stated in the will.

In each case where a will is offered for probate, service shall be in the identical name of the deceased contained in the will.

CRITICAL

Deadline

24 hours

Service

Email to all parties

If a party intends to offer any exhibits during a hearing, an exhibit list and the exhibits must be emailed to all parties and the Court, attention to Kayla Argueta (Court Coordinator) at kayla.argueta@mctx.org and Melody Meador (Court Reporter) at melody.meador@mctx.org at least 24 hours in advance of the hearing,

If a party intends to offer any exhibits during a hearing, an exhibit list and the exhibits must be emailed to all parties and the Court, attention to Kayla Argueta (Court Coordinator) at kayla.argueta@mctx.org and Melody Meador (Court Reporter) at melody.meador@mctx.org at least 24 hours in advance of the hearing,

CRITICAL

Applies to

Discovery orders

After the Judge signs the Discovery Orders, the Defendant must immediately provide a copy to the State's attorney along with a Certificate of Service.

Upon the Judge signing the Discovery Orders, a copy shall be immediately provided to the State's attorney by the Defendant along with a Certificate of Service.

CRITICALCivil cases

Deadline

10 calendar days

The movant must serve written notice on all parties, and, except for emergency motions, the notice must be served at least 10 calendar days before consideration.

Movant shall serve written notice on all parties of the date and time of consideration as scheduled by the court and include whether the consideration will be via oral or submission hearing. Notice of hearing or submission as to all motions shall be filed and served as required by the law and/or the Texas Rules of Civil Procedure, but, other than emergency motions, in no event fewer than 10 calendar days before the date and time of consideration.

CRITICALCivil cases

A guardian who receives the attached admonition must provide it to the ward within 14 days of receipt.

It is therefore ordered, that any guardian receiving the Written Admonition on Ineligibility to Possess Firearms or Ammunition, attached hereto, shall provide the Admonition to their ward within 14 days of receipt.

CRITICALCivil cases

When a will is offered for probate, service must use the deceased's identical name as stated in the will, and the citation information must be accurate.

In each case where a will is offered for probate, service shall be in the identical name of the deceased contained in the will. In addition, all information on the citation shall be accurate.

CRITICALCivil cases

Applies to

Citation

For a property sale, the citation-posting requirement on the application is met when the document has been posted for 10 days, in addition to other legal requirements.

In addition to all requirements of law for sale of property, the requirement for posting of citation on the application shall be met when the document has been posted for 10 days.

CRITICAL

Deadline

3 business days

For a motion set for oral hearing, the movant must provide at least three business days’ notice to all parties.

Movant shall serve written notice on all parties of the date and time of consideration as well as whether the consideration will be via oral hearing or by submission. 12.3 Movant shall provide at least three business days' notice for motions to be set for an oral hearing and at least ten days' notice for motions considered by submission.

CRITICAL

Unless the court orders otherwise, the parties must exchange the specified financial information at least 30 days before a final trial involving child or spousal support.

Final Trial/Financial Information Statement. At least thirty (30) days prior to the commencement of a final trial in which child support and/or spousal support is at issue, unless the court orders otherwise, the parties shall file and exchange: (a) Monthly Financial Information Statements (in the form substantially in conformity with the Texas Family Practice Manual, or on a form provided by the court); (b) the party's federal income tax returns for the past two (2) years; (c) the party's six (6) most recent payroll stubs; (d) if the party is self-employed, the party's three (3) most recent bank statements for all accounts at financial institutions controlled by the party; and (e) the information required by Sections 154.181(b) and 154.1815(c) of the Texas Family

CRITICAL

The movant must serve all parties written notice stating the hearing date and time and whether the motion will be heard orally or on a submission docket.

Movant shall serve written notice on all parties of the date and time of the hearing, as well as whether the motion will be considered at oral hearing or will be considered on a submission docket.

CRITICAL

Deadline

24 hours

The parties must exchange the specified financial disclosures at least 24 hours before a temporary-orders hearing involving child or spousal support.

Temporary Orders. At least twenty-four (24) hours prior to the commencement of any hearing for temporary orders in which child support and/or spousal support is at issue, the parties shall file and exchange: (a) Monthly Financial Information Statements (in the form substantially in conformity with the Texas Family Practice Manual, or on a form provided by the court); (b) the party's federal income tax returns for the past two (2) years; (c) the party's six (6) most recent payroll stubs; (d) if the party is self-employed, the party's three (3) most recent bank statements for all accounts at financial institutions controlled by the party; and (e) the information required by Sections 154.181(b) and 154.1815(c) of the Texas Family Code.

CRITICALCivil cases

The movant must serve all parties written notice stating the motion's consideration date and time and whether it will be an oral or submission hearing.

Movant shall serve written notice on all parties of the date and time of consideration as well as whether the consideration will be via oral or submission hearing.

CRITICAL

Unless the court orders otherwise, each party in a divorce or annulment case must exchange a sworn Inventory and Appraisement at least 30 days before final trial.

Final Trial/Sworn Inventory and Appraisement. At least thirty (30) days prior to the commencement of a final trial in a divorce or annulment case, unless the court orders otherwise, each party shall file and exchange a sworn Inventory and Appraisement in substantial conformity with the Texas Family Practice Manual.

CRITICALCivil cases

The citation-posting requirement for an application is met when the document has been posted for 10 days.

In addition to all requirements of law for sale of property, the requirement for posting of citation on the application shall be met when the document has been posted for 10 days.

CRITICAL

Applies to

Motion

Either party may file and set a motion for a Pre-Trial or Motions Docket hearing, with at least three days' notice to the other party.

Either party may file a Motion(s) and set same for hearing at either a Pre- Trial or Motions Docket with at least three (3) days notice to the other party.

CRITICAL

The movant must serve all parties written notice stating the consideration date and time and whether the motion will be heard orally or by submission.

Movant shall serve written notice on all parties of the date and time of consideration as well as whether the consideration will be via oral or submission hearing.

CRITICALCivil cases

The movant must serve all parties written notice of the motion-consideration date and time and whether consideration will be by oral or submission hearing.

Movant shall serve written notice on all parties of the date and time of consideration as well as whether the consideration will be via oral or submission hearing.

CRITICAL

Before presenting an application for a TRO or other ex parte relief, counsel must notify the opposing party or counsel and provide the application and proposed order at least two hours beforehand, unless a verified certificate states one of the specified grounds for proceeding without notice.

15.1 Counsel presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing Party's Counsel, or the opposing Party if unrepresented by counsel in the present controversy, and provide opposing Counsel or Party with a copy of the application and proposed order at least 2 hours before the application and proposed order are to be presented to the Court for decision, except as provided below. 15.2 Compliance with the provisions of 15.1 is not required if a verified certificate is filed with the application, stating: • That immediate harm is imminent and there is insufficient time to notify the opposing Party or opposing Party's Counsel; or • That notifying the opposing Party or opposing Party's Counsel would impair or annul the Court's power to grant relief because the relief request in the application could be subverted, or property removed, secreted, or destroyed, if notice were given.

CRITICAL

Applies to

Return of citation

Law enforcement must deliver the return of citation to the official who signed the warrant, who must then deliver it with the warrant, application, and associated paperwork to the County Clerk.

It is further ordered that law enforcement executing such a mental health warrant shall deliver a return of citation to the judge, justice or magistrate who signed the warrant for subsequent delivery of the return with the warrant, application and associated paperwork to the Montgomery County Clerk.

CRITICAL

The movant must serve all parties written notice stating the motion’s consideration date and time and whether consideration will be by oral hearing or submission.

Movant shall serve written notice on all parties of the date and time of consideration as well as whether the consideration will be via oral hearing or by submission.

WARNINGCivil cases

If an individual cannot be given the admonition in court, the Court will provide it, together with a copy of the order, to the applicable guardian by mail, email, or another method.

For individuals who may not be provided said Admonition in this manner, the Court will provide via mail, email or otherwise said Admonition along with a copy of this order to the applicable guardian.

WARNING

Service

Mail

A self-represented litigant is considered to have constructively received mail addressed to a provided address if they fail to accept delivery or pick it up.

Failure to accept delivery or to pick up mail addressed to an address provided by a self-represented litigant will be considered constructive receipt of the

WARNINGCivil cases

Deadline

24 hours

Service

Email to all parties

Non-evidentiary materials, including demonstratives, affidavits, and summaries of the evidence, etc., and/or case law for the Court's reference should be emailed to all parties and the Court (as set forth above) at least 24 hours in advance of the hearing.

Non-evidentiary materials, including demonstratives, affidavits, and summaries of the evidence, etc., and/or case law for the Court's reference should be emailed to all parties and the Court (as set forth above) at least 24 hours in advance of the hearing.

WARNINGCivil cases

Service

Court service

The Court will provide the attached admonition to wards present in the courtroom when the guardianship is established.

In compliance with 1 TAC §176.1 the Court will provide the attached Written Admonition on Ineligibility to Possess Firearms or Ammunition to all wards of the Court who are physically present in the Courtroom when the guardianship is established.

WARNING

Deadline

24 hours

Service

Email to all parties

Non-evidentiary materials and case law for the Court's reference should be emailed to all parties and the Court at least 24 hours before the hearing.

Non-evidentiary materials, including demonstratives, affidavits, and summaries of the evidence, etc., and/or case law for the Court's reference should be emailed to all parties and the Court (as set forth above) at least 24 hours in advance of the hearing.