Polk County District Court, Texas Service and Proof of Service Rules
19 rules from official source documents
E-service, mail, personal service, proof of service, certificate, and timing requirements.
CRITICAL
The specified affidavits must be served and their attachments made available to other lead counsel or parties, at the requesting party’s cost.
The above described affidavits shall be served upon, and the attachments shall be made available to all other lead counsel or parties in accordance with the Texas Rules of Civil Procedure, the Texas Rules of Evidence and the Texas Civil Practice and Remedies Code at the cost of the requesting party.
CRITICAL
When division of the marital estate is disputed, each party must exchange a final sworn inventory and appraisement at least 30 days before trial.
In a case where the division of the marital estate is in dispute, each party shall exchange a final sworn inventory and appraisement, no later than thirty (30) days before the trial date.
CRITICAL
Before a hearing involving child or spousal support, the parties must complete and exchange the listed documents unless they agree otherwise or the court approves an exception for good cause.
Unless otherwise agreed to by the parties or for good cause with court approval, in any hearing in which child support or spousal support is an issue, the parties shall complete and exchange the following documents prior to the commencement of the hearing:
CRITICAL
If the defendant is under arrest, a copy of the Certificate of No-Bill must be delivered immediately to the Sheriff and the defendant.
If the defendant is under arrest, a copy of the certificate shall be delivered to the Sheriff and the defendant immediately.
CRITICAL
If the defendant is under bond, a copy of the certificate must be delivered to the surety or pre-trial services, as applicable, and to the defendant as soon as practicable.
A copy of the certificate shall be delivered to the surety or pre-trial services, as the case may be, and the defendant as soon as practicable.
CRITICALCivil cases
A copy of the court setting request must be furnished to all counsel in the case.
By submitting this "request for setting" the requesting attorney certifies to the Court that you have conferred or attempted to confer in good faith with the attorney for each opposing party to resolve the issues to be raised in this setting; that a copy of this has been furnished to all counsel in this case, and that you have attempted to confer with all opposing parties on a reasonable time frame or this setting.
CRITICALCivil cases
The attorney requesting a court setting is responsible for giving proper notice to opposing counsel, the involved parties, and any ad-litems.
It is the Responsibility of the Attorney requesting the court setting to give proper notice to opposing counsel, the parties involved, and any ad-litems.
CRITICALCriminal cases
- Deadline
- 24 hours
Relevant authorities must be presented to the Court and provided to opposing counsel at least 24 hours in advance of the motion hearing.
Any relevant authorities in support of the Prosecution and the Defense shall be presented to the Court at least 24 hours in advance, with copy of the authority provided to opposing counsel.
CRITICALCriminal cases
The Prosecution must provide the plea papers to the Defense at least 3 days before the plea is entered.
The Prosecution shall provide the plea papers to Defense at least 3 days prior to the time the plea is to be entered.
CRITICALCriminal cases
Defense counsel must complete the probation officer’s Information form and provide it to the Probation department at least 3 days before the plea is entered.
Defense counsel shall have the Information form by the probation officer filled in and provided to the Probation department at least 3 days prior to the time the plea is to be entered.
CRITICALCriminal cases
The Prosecution must provide the Court with the specified plea materials at least 24 hours before the plea is entered.
The Prosecution shall provide the Court a copy of the plea papers, the probation information form, police reports, and any written statement of the defendant at least 24 hours prior to the time the plea is to be entered.
CRITICALCriminal cases
- Deadline
- 48 hours
If there is a recorded statement, the Prosecution must provide a copy to the Court at least 48 hours before the plea-bargain hearing.
If there is a recorded statement, video or audio, a copy of that shall be provided to the court at least 48 hours before the hearing to enter the plea bargain agreement.
CRITICALCivil cases
After the motion is filed, the Court will set a hearing and send notice of it to the defendant.
The Court will then set a hearing on the Motion for Default Judgment and send notice to the Defendant of such court hearing.
CRITICAL
The person requesting a setting must notify all parties and confirm their availability.
It is your responsibility to notify all parties of the setting and to confirm their availability.
CRITICAL
A copy of the setting request must be mailed or delivered to all other attorneys or parties of record, and the request must certify that it was done.
I further certify that a copy of this setting request has been mailed/delivered to all other attorneys/parties of record.
WARNING
A written notice of appearance filed as one means of counsel appearing must be provided to the State's attorney.
4.2 The appearance of counsel as attorney of record for a defendant by a) an actual appearance in open court, b) filing a written notice of appearance with a copy provided to the State's attorney or c) the appointment of counsel by the court upon a finding of indigency shall constitute a discovery request by the defendant under Article 39.14 (a), Code of Criminal Procedure.
WARNINGCriminal cases
Any last-minute authorities presented at a hearing must be provided to the Court and opposing counsel.
Any “last minute” authorities presented at hearing shall be provided both to the Court and a copy to opposing counsel.
WARNING
If a hearing is required, the hearing should be conducted as soon as practicable with notice to all parties.
If a hearing is required, the hearing should be conducted as soon as practicable with notice to all parties.
WARNING
- Applies to
- Order
The recusal order must be filed with the clerk and a copy sent to the referring judge, the Presiding Judge, and all parties.
The order must be filed with the clerk, with a copy sent to the referring judge and the Presiding Judge and all parties.
What rule applies to serving all parties in Polk County District Court, Texas?
Polk County District Court, Texas: Details: recipient: all parties. The specified affidavits must be served and their attachments made available to other lead counsel or parties, at the requesting party’s cost.
Judge Travis E. Kitchens Jr.: Details: recipient: all parties. A copy of the setting request must be mailed or delivered to all other attorneys or parties of record, and the request must certify that it was done.
What rule applies to serving the opposing party in Polk County District Court, Texas?
Details: recipient: the opposing party. When division of the marital estate is disputed, each party must exchange a final sworn inventory and appraisement at least 30 days before trial.
1 more rule answers this question.
What service or proof of service rules apply in Polk County District Court, Texas?
Polk County District Court, Texas: If the defendant is under arrest, a copy of the Certificate of No-Bill must be delivered immediately to the Sheriff and the defendant.
Judge Travis E. Kitchens Jr.: Details: timing: 24 hours before hearing. Relevant authorities must be presented to the Court and provided to opposing counsel at least 24 hours in advance of the motion hearing.
Judge John Wells: A copy of the court setting request must be furnished to all counsel in the case.
8 more rules answer this question.
What rule applies to serving agency in Polk County District Court, Texas?
Judge Travis E. Kitchens Jr.: Details: recipient: agency. Defense counsel must complete the probation officer’s Information form and provide it to the Probation department at least 3 days before the plea is entered.
What rule applies to serving the court in Polk County District Court, Texas?
Judge Travis E. Kitchens Jr.: Details: recipient: the court. The Prosecution must provide the Court with the specified plea materials at least 24 hours before the plea is entered.
1 more rule answers this question.
What rule applies to service for order in Polk County District Court, Texas?
Judge Travis E. Kitchens Jr.: Details: recipient: all parties. The recusal order must be filed with the clerk and a copy sent to the referring judge, the Presiding Judge, and all parties.
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Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.