Nueces County Justice of the Peace Courts Service and Proof of Service Rules

CRITICAL

Applies to

Return of service

The person who serves or attempts to serve a citation must sign the return before or when the return is filed.

Prior to, or in conjunction with the filing of return of service in any suit, the person who serves or attempts to serve a citation must sign the return.

CRITICAL

Applies to

Pretrial motion

Pretrial motions must be served on the District Attorney 21 days before any pretrial hearing.

Pretrial motions must be filed and served on the District Attorney 21 days prior to any pretrial hearing.

CRITICAL

If the stated requirements for withdrawal without a hearing are not met, the withdrawal or substitution motion must be heard after notice to the client and all other parties.

If all requirements above are not satisfied, a motion to withdraw or to substitute another attorney must be presented a hearing after notice to the client and to all other parties.

CRITICAL

Applies to

Return of service

A return signed by someone other than a sheriff, constable, or court clerk must be verified or signed under penalty of perjury.

If the return is signed by a person other than a sheriff, constable, or the clerk of the court, the return must either be verified or be signed under penalty of perjury.

CRITICAL

Service

Mail

An attorney's motion to withdraw will be heard at any time when the defendant has had notice to appear or whenever the defendant agrees in writing. Adequate notice is by certified mail, return receipt requested.

An attorney's motion to withdraw will be heard at any time when the defendant has had notice to appear or whenever the defendant agrees in writing. Adequate notice is by certified mail, return receipt requested.

CRITICAL

Applies to

Pleading

A movant must deliver each pleading to the opposing party and the Court in the manner and within the time required by the Texas Rules of Civil Procedure.

A movant shall deliver a copy of each pleading to any opposing party and to the Court in the manner and within the time provided by the Texas Rules of Civil Procedure.

WARNING

The clerk must give notice of cases set for dismissal for want of prosecution, and those cases will be dismissed on the date stated in the notice unless the Court orders otherwise.

The coU11 clerk shall give notice that certain cases will be dismissed for want of prosecution. Such matters will be dismissed on the date indicated in the notice of dismissal unless the Court orders it retained.

WARNING

The Court must notify all parties of its ruling on a motion to retain.

The Court shall notify all parties of the Court' s ruling on a motion to retain.

INFO

A person seeking court authorization to serve citations or notices may apply using the court’s form or a similar suitable written application, and the court may authorize service upon approving the application.

A person wishing to be authorized by written order of the Court to serve citations and other notices may file a written affidavit in application for authorization on a form supplied by the Court or a similar suitable application. The Court may, upon approval of the application, authorize service by the applicant in all appropriate suits pending in the Justice Court.