Montgomery County, TX Service and Proof of Service Rules
29 rules from official source documents
E-service, mail, personal service, proof of service, certificate, and timing requirements.
CRITICALCivil cases
The movant must serve all parties written notice stating the hearing date and time and whether the motion will be heard orally or on submission.
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.
CRITICALCivil cases
The movant must serve all parties written notice of the court-scheduled consideration date and time and state whether the matter will be heard orally or by submission.
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.
CRITICALCivil cases
- Deadline
- 10 calendar days
Notices of hearing or submission must be served as required by law and the Texas Rules of Civil Procedure, and, except for emergency motions, no fewer than 10 calendar days before consideration.
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
If the court provides a new setting date and time, 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.
CRITICAL
Either party may set a motion for hearing on a Pre-Trial or Motions Docket with at least three days’ notice to the other party.
8.3.2 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
- Applies to
- Discovery order
After the Judge signs a Discovery Order, 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.
CRITICAL
The State and Defendant will receive reset dates, and both sides must receive notice of bail or revocation hearings so they can call witnesses and present evidence.
Both the State and Defendant will receive the new date and if it set for a hearing on bail or a revocation hearing, for instance, both sides shall receive notice in order for them to be able to call witnesses and present evidence.
CRITICAL
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.
9.3 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.
CRITICAL
For a property sale, the citation-posting requirement is met when the document has been posted for 10 days, in addition to other legal requirements.
9.4 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
The movant must schedule the motion’s consideration with the court and serve all parties written notice of the date, time, and whether consideration will be by oral hearing or submission.
10.2 Movant shall schedule with the court a date and time for consideration of the motion. 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
The sponsoring attorney or pro se party must provide all parties with electronic copies of the exhibits before the hearing or trial and ensure the remote witness has the exhibits available to reference while testifying.
5) A sponsoring attorney (or pro se party) of a witness granted permission to appear remotely IS HEREBY ORDERED TO provide an electronic copy of ALL parties' exhibits prior to the time of the scheduled hearing or final trial, AND IS FURTHER ORDERED to ensure that each remote witness either prints a copy of the exhibits to have available to reference during his/her testimony, or to ensure that the remote witness has the exhibits available on a separate electronic device (separate from the device used to connect by Zoom), next to that witness at the time of the hearing or final trial, so that he/she can reference same while testifying.
CRITICALCivil cases
If the court grants an oral hearing on a submission, the requesting party must give proper notice after the Coordinator provides the hearing date and time.
If an oral hearing is granted, the Court Coordinator will advise the counsel/party that requested the oral hearing of the date and time for the hearing, and the said counsel/party shall give proper notice to all counsel/parties.
CRITICALCivil cases
A motion requiring live testimony must be set for an oral hearing at the date and time provided by the Court Coordinator or Court Administrator, and the movant must give proper notice.
Any motion that requires live testimony shall be set for oral hearing on the date and time given Counsel by the Court Coordinator or Court Administrator, and the Movant shall give proper notice to all counsel/parties.
CRITICALCivil cases
Motions and hearings not requiring live testimony are set by submission with at least 10 days’ notice, unless the Texas Rules require more notice.
All motions and hearings that do not require live testimony shall be set by SUBMISSION, with at least 10 days' notice to opposing counsel/parties in compliance with Rule 2.3 of the Local Rules of Practice Before the Family Courts in Montgomery County, Texas. If the Texas Rules of Civil Procedure require more than 10 days' notice on any given matter (e.g. Motion for Summary Judgment - 21 days), then the time period set by the Rules shall apply.
CRITICALCivil cases
When a party appears after the Abstract of Title is first filed and served, the party or parties seeking partition must immediately serve that party with the Abstract and file and serve a Certificate of Service showing compliance.
For any party or parties appearing after the Abstract of Title is first filed and served, it is ORDERED that the party or parties seeking partition shall immediately serve the Abstract of Title all newly appearing party/parties and must file and serve a Certificate of Service showing compliance with this requirement.
CRITICALCivil cases
The party or parties seeking partition must serve the Abstract of Title on the parties no later than 30 days after the first defending party appears.
It is ORDERED that, by no later than 30 days after the first defending party appears in a partition suit, the party or parties seeking partition shall file with the Court and serve on the parties an Abstract of Title containing the following items:
CRITICALCivil cases
Motions to Compel discovery are considered on the 284th District Court's submission docket. Please contact the Court (936-539-7861) in order to schedule a submission date, then please send notice in compliance with the Local Rules of the District Courts of Montgomery County, Texas, and, in particular, with Rule 3.7 Hearings on Pre-Trial Motions, subparts B and C, to the extent those Rules are not inconsistent with this Order.
Motions to Compel discovery are considered on the 284th District Court's submission docket. Please contact the Court (936-539-7861) in order to schedule a submission date, then please send notice in compliance with the Local Rules of the District Courts of Montgomery County, Texas, and, in particular, with Rule 3.7 Hearings on Pre-Trial Motions, subparts B and C, to the extent those Rules are not inconsistent with this Order.
CRITICALCivil cases
- Applies to
- Motion to compel
- Service
- Electronic service to opposing party
The movant must electronically serve the motion on the respondent and provide a copy in Word or WordPerfect format.
The Movant shall electronically serve and file the Motion to Compel along with a Notice of Submission in the usual manner, and shall also email or otherwise electronically serve a copy of the Motion in Word or WordPerfect format on the Respondent.
CRITICALCivil cases
- Applies to
- Response to motion to compel
- Service
- Electronic service to opposing party
The respondent must electronically serve the response on the movant and provide a copy in Word or WordPerfect format.
The Respondent shall electronically file and serve the Response to the Motion to Compel in the usual manner and shall also email or otherwise electronically serve a copy of the Response in Word or WordPerfect format on the Movant.
CRITICALCivil cases
The person requesting that no one appear must notify all other attorneys and parties of the request and this Order’s terms.
However, under such circumstances, whoever makes such request to the Court is ORDERED to notify all other attorneys and/or parties of such request, along with the terms of this Order.
CRITICAL
- Applies to
- Exhibits
- Service
Participants offering exhibits remotely must email them to the specified attorneys, self-represented litigants, court reporters, and court staff by 3:00 p.m. CST on the business day before the proceeding.
If any participant to a remote court proceeding (videoconference, teleconference, or other available electronic means) intends to offer any exhibits during a court proceeding, he/she must email such exhibits to all attorneys and self-represented litigants, both court reporters (christa.townes@mctx.org and kathy.aaron@mctx.org), and both court staff (kim.perry@mctx.org and lisa.shanahan@mctx.org), no later than 3:00 p.m. (C.S.T.) on the business day prior to the applicable court proceeding.
CRITICALCivil cases
Motions and hearings without live testimony must be set by submission with at least 10 days’ notice, unless the Texas Rules of Civil Procedure require a longer notice period.
All motions and hearings that do not require live testimony shall be set by SUBMISSION, with at least 10 days notice to opposing counsel/parties and be in compliance with Rule 2.3 of the Local Rules of Practice Before the Family Courts of Montgomery County, Texas and Local Rules for the Administration of Family Cases in Montgomery County, Texas. (If the Texas Rules of Civil Procedure require more than 10 days notice on any given matter (e.g., Motions for Summary Judgment), then the time period set by such rules shall apply).
CRITICALCivil cases
The submission date must be obtained from the Court Administrator or Coordinator, included in a Notice of Submission, and served on all counsel and parties.
Submission dates shall be obtained from the Court Administrator or Coordinator and shall be included in a NOTICE OF SUBMISSION, which shall be served on all counsel/parties as required under Number 1 above.
CRITICALCivil cases
If an oral hearing is granted, the requesting counsel or party is advised of its date and time and must give proper notice to all counsel and parties.
If an oral hearing is granted, the Court Administrator or Coordinator will advise the counsel/party that requested the oral hearing of the date and time for the hearing, and said counsel/party shall give proper notice to all counsel/parties.
CRITICALCivil cases
A motion requiring live testimony must be set for an oral hearing on the date and time provided by the Court Administrator or Coordinator, and the movant must give proper notice to all counsel and parties.
Any motion that requires live testimony shall be set for oral hearing on the date and time given by the Court Administrator or Coordinator, and the movant shall give proper notice to all counsel/parties.
CRITICALCivil cases
- Applies to
- Motion
- Service
- Electronic service to opposing party
The movant must serve the motion and Notice of Submission electronically and provide the respondent a Word or WordPerfect copy by email or other electronic service.
The Movant shall electronically serve and file the Motion to Compel along with a Notice of Submission in the usual manner, and shall also email or otherwise electronically serve a copy of the Motion in Word or WordPerfect format on the Respondent.
CRITICALCivil cases
- Applies to
- Opposition
- Service
- Electronic service to opposing party
The respondent must electronically serve the response and provide the movant a Word or WordPerfect copy by email or other electronic service.
The Respondent shall electronically file and serve the Response to the Motion to Compel in the usual manner and shall also email or otherwise electronically serve a copy of the Response in Word or WordPerfect format on the Movant.
CRITICALCivil cases
- Applies to
- Reply
- Service
- Electronic service to opposing party
If the Movant wishes to do so, the Movant may prepare a succinct Reply to each discrete response immediately below that particular response and will electronically serve and file any such Reply in the usual fashion.
If the Movant wishes to do so, the Movant may prepare a succinct Reply to each discrete response immediately below that particular response and will electronically serve and file any such Reply in the usual fashion.
WARNINGCivil cases
A certificate of service that omits the required information creates no presumption that the instrument was served.
A certificate of service which fails to provide this information creates no presumption that the instrument was served.
What rule applies to serving all parties in Montgomery County, TX?
Montgomery County, TX: Details: recipient: all parties. The movant must serve all parties written notice stating the hearing date and time and whether the motion will be heard orally or on submission.
Judge Kelly Hughes Norsworthy: Details: recipient: all parties. The sponsoring attorney or pro se party must provide all parties with electronic copies of the exhibits before the hearing or trial and ensure the remote witness has the exhibits available to reference while testifying.
Judge Kristin L. Bays: Details: recipient: all parties. The party or parties seeking partition must serve the Abstract of Title on the parties no later than 30 days after the first defending party appears.
11 more rules answer this question.
What rule applies to serving the opposing party in Montgomery County, TX?
Montgomery County, TX: Details: recipient: the opposing party, timing: before hearing. Either party may set a motion for hearing on a Pre-Trial or Motions Docket with at least three days’ notice to the other party.
Judge Tracy A. Gilbert: Details: recipient: the opposing party. Motions and hearings without live testimony must be set by submission with at least 10 days’ notice, unless the Texas Rules of Civil Procedure require a longer notice period.
Judge Kelly Hughes Norsworthy: Details: recipient: the opposing party, timing: before hearing. Motions and hearings not requiring live testimony are set by submission with at least 10 days’ notice, unless the Texas Rules require more notice.
What rule applies to service for discovery order in Montgomery County, TX?
Proof of service is required for the covered service rule. Details: recipient: the opposing party. After the Judge signs a Discovery Order, the Defendant must immediately provide a copy to the State’s attorney along with a Certificate of Service.
What service or proof of service rules apply in Montgomery County, TX?
Montgomery County, TX: 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.
Judge Kristin L. Bays: When a party appears after the Abstract of Title is first filed and served, the party or parties seeking partition must immediately serve that party with the Abstract and file and serve a Certificate of Service showing compliance.
3 more rules answer this question.
What rule applies to service for motion in Montgomery County, TX?
Judge Vince Santini: Details: method: e-service, recipient: the opposing party. The movant must serve the motion and Notice of Submission electronically and provide the respondent a Word or WordPerfect copy by email or other electronic service.
What rule applies to service for opposition in Montgomery County, TX?
Judge Vince Santini: Details: method: e-service, recipient: the opposing party. The respondent must electronically serve the response and provide the movant a Word or WordPerfect copy by email or other electronic service.
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