Panola County Court at Law Service and Proof of Service Rules

CRITICAL

Applies to

Hearing setting notice

The moving party must notify all parties or their counsel of record of the hearing setting.

It is the responsibility of the moving party to give notice of such setting to all parties or their counsel of record.

CRITICAL

Before docket call, an oral contested civil setting request may be made if all parties agree, but it must be confirmed in writing and copies provided to all parties or their counsel.

Prior to the docket call, oral requests may be made to the Court, if the requested setting is agreed to by all parties and confirmed in writing with copies of such request to all parties or their counsel of record.

CRITICAL

Deadline

5 working days

Trial exhibits must be exchanged with all counsel of record at least five working days before the pre-trial hearing.

All exhibits that will be offered at trial shall be marked and exchanged with all counsel of record at least five (5) working days prior to the pre-trial hearing.

CRITICAL

Notice of a preferential-setting request must be given to all parties or their counsel of record.

Notice of such request shall be given to all parties or their counsel of record.

CRITICAL

The moving party must notify all other parties or their counsel of record of the discovery-motion hearing setting.

It is the responsibility of the moving party to give notice of such setting to all other parties or their counsel of record.

CRITICAL

Applies to

Conference setting notice

The party requesting a status or scheduling conference must notify all other parties or their counsel of the setting.

It is the responsibility of the requesting party to give notice of the setting to all other parties or their counsel of record.

CRITICAL

The party requesting a criminal setting must notify the other party.

It is the responsibility of the requesting party to give notice of the requested setting to the other party.

CRITICAL

Copies of civil motions in limine, special exceptions, other pre-trial motions, and pleas must be served on opposing counsel at least five working days before the pre-trial hearing, subject to the stated longer-period and good-cause exceptions.

All motions in limine, special exceptions, other pre-trial motions and pleas shall be filed and copies served on opposing counsel at least five (5) working days before the pre-trial hearing, unless a longer period for filing is otherwise required or a shorter period allowed for good cause.

CRITICAL

A copy of a motion to withdraw must be served on opposing counsel.

3. A copy of the motion shall be served on opposing counsel.

CRITICAL

A written announcement of “Ready” must be served on the District Attorney before docket call for the defendant and counsel to be excused.

The defendant and his counsel are excused from appearing at docket call if a written announcement of "Ready" is filed with the District Clerk and served on the District Attorney prior to the docket call.

CRITICAL

Applies to

Exhibit list

Counsel must exchange the trial exhibit list and provide it to the Court Reporter at pre-trial.

A list of exhibits that may be offered at trial shall be exchanged between counsel and provided to the Court Reporter at the time of pre-trial.

CRITICAL

A written waiver of arraignment must be served on the District Attorney before arraignment for the defendant and counsel to be excused.

The defendant and his attorney are excused from appearing at arraignment if a written waiver of arraignment, signed by the defendant and defense counsel, has been filed with the District Clerk and served on the District Attorney prior to arraignment.

CRITICAL

Except for original petitions and accompanying temporary-restraining-order applications, documents relating to expedited relief or matters set for hearing within seven days must be served on all opposing parties so they receive them on the day of filing.

Other than original petitions and accompanying applications for temporary restraining orders, any document filed with the Court that relates to requests for expedited relief or to matters set for hearing within seven (7) days of filing must be served upon all opposing parties in a manner that will ensure receipt of the papers by them on the same day the papers are filed with the Court or Clerk.

CRITICAL

For settings requested by the District Attorney's office, notice must be given to the defendant, sureties, and attorney of record, and a copy filed with the District Clerk.

Notice of all settings made at the request of the District Attorney's office shall be given to the defendant and his sureties. and to the defendant's attorney of record, with a copy of such notice filed in the District Clerk's office.

CRITICAL

The party requesting a contested civil setting must notify all other parties or their counsel of record.

It is the responsibility of the requesting party to give notice to all other parties or their counsel of record.

CRITICAL

Criminal pre-trial motions must be served on the District Attorney at least five working days before the pre-trial hearing.

All motions shall be filed with the District Clerk and served on the District Attorney at least five (5) working days before the pre-trial hearing.

CRITICAL

Applies to

Video deposition

Edited or unedited video depositions must be exchanged and marked as exhibits, and the exhibit rules also apply to them.

All video depositions, either edited or unedited, shall be exchanged and marked as exhibits. The rule herein that applies to exhibits shall also apply to video depositions.

CRITICAL

All parties must be provided each panel member’s completed jury panel questionnaire before counsel conducts voir dire.

Prior to voir dire examination by counsel, all parties will be provided a copy of the completed jury panel questionnaire of each panel member.

CRITICAL

The pre-trial conference date and time must be set and notice given at the Rule 2.16 scheduling conference.

The date and time for the pre-trial conference shall be set and notice given of such setting at the scheduling conference authorized by Rule 2.16 herein.

CRITICALCriminal cases

Applies to

Subpoena

Investigators may not serve subpoenas; attorneys are encouraged to interview witnesses.

Investigators may not serve subpoenas and attorneys are encouraged to interview witnesses.

CRITICAL

A defendant requesting a setting must notify the District Attorney's office.

Notice of all settings made at the request of the defendant shall be given by said defendant to the District Attorney's office.

WARNING

When digital copies of physical evidence can be prepared, they should be submitted to the District Attorney’s office and counsel for the parties before the hearing, if practicable.

2. When digital copies of physical evidence can be prepared, such as audio / video recordings, documents, or images, the digital copies should be submitted to the District Attorney's office and to counsel for the parties before the hearing if practicable.

WARNING

Before docket call, a contested civil setting request may be made in writing to the Court, with a copy served on all parties or their counsel, if all parties agree to the setting.

Prior to the call of the docket, requests may be made in writing to the Court, with a copy of the request served on all parties to the cause or their counsel of record if all parties agree to the requested setting.

WARNING

Applies to

Summary judgment motion

Unless set otherwise, a pending summary judgment motion on file with a copy delivered to opposing parties or counsel more than 21 days before the hearing will be treated as set for hearing at pre-trial.

Unless specifically set otherwise, all pending motions for summary judgment which have been on file and a copy delivered to the opposing parties or their counsel more than twenty-one (21) days prior to the date set for hearing will be considered as set for hearing at the time of the pre-trial hearing as if they were formally set on that date by written order.

WARNING

Applies to

Proposed order

Proposed orders should be tendered to the opposing party at least two working days before submission to the Court.

Proposed orders should be tendered to the opposing party at least two (2) working days before they are submitted to the Court.

WARNING

An uncontested civil setting request may be made in writing to the Court, with a copy given to all parties or their counsel of record.

Requests may be made in writing to the Court with a copy of such request given to all parties or their counsel of record.

WARNING

The Court may set a case for a status and scheduling conference, pretrial conference, or trial on its own motion after reasonable notice to all parties.

Upon reasonable notice to all parties, the Court may on it's own motion set any case for a status and scheduling conference, pre-trial conference, and trial.

WARNING

An oral uncontested civil setting request may be made if confirmed in writing and a copy given to all parties or their counsel of record.

Oral requests for settings may be made orally if confirmed in writing with a copy of such request given to all parties or their counsel of record.

WARNING

Exhibits may be exchanged after pre-trial but before trial if counsel agree, the Court approves at pre-trial, and the exhibits are identified and numbered there.

By agreement of counsel and approval of the Court at pre-trial, exhibits may be exchanged between counsel after pre-trial but before trial if the exhibits are identified and assigned a number at pre-trial.

WARNING

The Court may excuse the exhibit requirements in paragraphs A, B, and C for good cause.

The requirements of"A", "B" and "C" may be excused by the Court for good cause.