Potter County Courts at Law Service and Proof of Service Rules

CRITICAL

Applies to

Hearing setting confirmation letter

If a party asks the Court to schedule a hearing, the party must confirm the setting by letter and serve a copy on opposing counsel under Texas Rule of Civil Procedure 21a within three days of the setting.

(2) Requesting the court to schedule the hearing and confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure within 3 days of setting the hearing.

CRITICAL

Applies to

Bankruptcy notice

Within three days after a bankruptcy filing, counsel must provide written notice to the affected courts and all counsel that includes the bankruptcy court’s name and location, cause number and style, filing date, and bankrupt’s counsel’s name and address.

(1) Whenever any party of litigation in these courts files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party's counsel in these courts: (i) to promptly notify the affected court(s) by telephoning the Court Coordinator; and (ii) within three (3) days of any bankruptcy filing, to provide written notice to the affected court(s) and all counsel that a bankruptcy has occurred giving the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing and the name and address of counsel for the bankrupt.

CRITICALCivil cases

Service

Email to opposing party

A party intending to introduce exhibits must email them to the court reporter, court coordinator, and opposing counsel by 4:00 p.m. the day before the hearing.

(1) a party intending to introduce exhibits at a remote detention hearing must email the documents to the court reporter, the court coordinator, and opposing counsel no later than 4:00 p.m. the day prior to the hearing.

CRITICAL

The court must give notice of its intent to dismiss for want of prosecution at least 60 days before signing the dismissal order.

(a) The courts will periodically give notice of their intention to dismiss a cause of action for want of prosecution. Such notice will be given at least sixty (60) days prior to the signing of a dismissal order.

CRITICAL

Applies to

Trial setting request

A copy of a trial-setting request must be served on all parties at the same time as the request.

A copy of the request will be simultaneously served on all parties.

CRITICAL

Service

Electronic service

The clerk must provide dismissal-intent notice in accordance with Rule 165a and electronically serve attorneys and individuals registered in the case’s e-filing system.

(b) The clerk shall provide notice of the court's intention to dismiss for want of prosecution by complying with the provisions of Paragraph (1) of Rule 165a of the Texas Rules of Civil Procedure and through electronic service to those attorneys and individuals who are registered with the e-filing system for the case subject to dismissal.

CRITICAL

Applies to

Temporary restraining order or ex parte application

Counsel presenting a TRO or other ex parte application must notify opposing counsel or an unrepresented opposing party and make a reasonable effort to provide them the application and proposed order at least two hours before presentation, except as provided in subsection (b).

(a) 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 make reasonable effort to 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 in subparagraph (b) hereof.

WARNING

Applies to

Deposition notice

Deposition notice of less than ten calendar days is presumed unreasonable.

(2) Notice of less than ten (10) calendar days under Rules 21a and 199.2(a), Texas Rules of Civil Procedure, is presumed to be unreasonable notice.

INFO

Applies to

Objection

A party objecting to a virtual-hearing motion may file an objection and set it for hearing with proper notice to all parties.

Thereafter, any party objecting to the motion may file an objection and set it for hearing with proper notice to all parties.