Randall County District Courts Service and Proof of Service Rules

Applies to

Action paper

Service

Mail

A pleading, answer, motion, or other action-seeking paper must be filed with the clerk and accompanied by a true and correct copy sent to the opposing attorney or party.

A formal pleading, answer, motion or other paper where you ask the Court to take some action is not a prohibited communication, but still should not be sent to the Court. You must file those papers with the Clerk's office with a true and correct copy of the papers sent to the opposing party's attorney, if he/she has one, or to the opposing party if he/she does not have a lawyer.

A self-represented litigant must send a copy of every written request to the opposing party.

Any requests to the court must be made in writing with the signed statement attached that you have sent a copy to the opposing party.

A self-represented litigant must notify the opposing attorney or party of every court setting or order obtained and file a copy of that notice.

You must give notice to the opposing attorney or party of any court setting or order that you have obtained. You must file a copy with the court of such notice to opposing attorney or party.

Deadline

3 calendar days

Applies to

Hearing confirmation letter

A party may request that the court schedule a hearing, but must confirm it by a letter to the court and serve opposing counsel under Texas Rule 21a within three days after 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.

Applies to

Ex parte application

Except for qualifying emergencies, counsel seeking a temporary restraining order or other ex parte relief must notify the opposing side and use reasonable efforts to provide the application and proposed order at least two hours before judicial consideration.

(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.

Service

Electronic service

The clerk must provide notice of intended dismissal through Rule 165a procedures and electronic service to attorneys and individuals registered in the case's e-filing system.

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.

Applies to

Setting notice

The party obtaining a hearing setting must provide all parties with the hearing information and total duration, using the procedure and timing required by the Texas Rules of Civil Procedure, and must send notice the same day the setting is obtained.

The party who obtains the setting must give notice to all parties of the time, place, and date of a setting and the total time needed for the entire hearing for all participants. Notice must be given in the manner and within the time provided by the Texas Rules of Civil Procedure. Notice must be sent the same day the party obtains the setting, and any delay in sending notice may be argued by the opposing party as a basis for continuance.

Applies to

Hearing setting notice

The party obtaining a setting must notify all parties of the hearing details and total duration, follow the Texas Rules of Civil Procedure, and send notice the same day the setting is obtained.

The party who obtains the setting must give notice to all parties of the time, place, and date of a setting and the total time needed for the entire hearing for all participants. Notice must be given in the manner and within the time provided by the Texas Rules of Civil Procedure. Notice must be sent the same day the party obtains the setting, and any delay in sending notice may be argued by the opposing party as a basis for continuance.

Applies to

Motion

The motion seeking a hearing must be accompanied by a certificate of service on opposing counsel.

Filing with the Court a motion requesting a hearing and an order setting a hearing, accompanied by a certificate of service to opposing counsel; or

Applies to

Confirmation letter

A copy of the letter confirming a court-set hearing must be served on opposing counsel in accordance with Texas Rule of Civil Procedure 21a within three days of the setting.

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.

Applies to

Ex parte application

Unless an exception applies, counsel seeking a TRO or other ex parte relief must notify the opposing party or counsel and make a reasonable effort to provide the application and proposed order at least two hours before judicial consideration.

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.

Applies to

Ex parte application

The two-hour notice and copy requirements do not apply when a verified party certificate or counsel certificate alleges either imminent irreparable harm with insufficient time to notify or that notice would impair or annul the court's authority to grant relief.

Compliance with the provisions of subparagraph (a) hereof is not required if a verified certificate of a party or a certificate of counsel is filed with the application alleging, (1) That irreparable harm is imminent and there is insufficient time to notify the opposing party or counsel; or (2) That to notify the opposing party or counsel would impair or annul the court's power to grant relief because the subject matter of the application could be accomplished or property removed, secreted or destroyed, if notice were required.

Applies to

Setting request

A written request to place a case on a trial docket must be served simultaneously on every party.

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

Service

Electronic service

The clerk must provide notice of an intended dismissal for want of prosecution through Rule 165a procedures and electronic service to registered attorneys and individuals.

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.

When a hearing is scheduled by letter, a copy must be served on opposing counsel under Texas Rule 21a within three days after the hearing is set.

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.

Counsel seeking a temporary restraining order or other ex parte relief must notify the opposing counsel or unrepresented party and make a reasonable effort to provide the application and proposed order at least 2 hours before presentation to the Court, except as provided in subparagraph (b).

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.

Applies to

Notice of dismissal

Service

Electronic service

The clerk must provide notice of an intended dismissal for want of prosecution through Rule 165a procedures and electronic service to registered participants.

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.

Applies to

Notice of bankruptcy

After a party files for bankruptcy protection, counsel must promptly notify the affected court or courts by telephoning the Court Coordinator.

(i) to promptly notify the affected court(s) by telephoning the Court Coordinator;

Applies to

Notice of bankruptcy

Within three days after a bankruptcy filing, counsel must give the affected courts and all counsel written notice containing the specified bankruptcy and counsel information.

(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.

Applies to

Notice of bankruptcy conclusion

Counsel must promptly notify the court after a bankruptcy concludes through discharge, denial of discharge, dismissal, or another disposition.

Once a bankruptcy has been concluded, whether by discharge, denial of discharge, dismissal or otherwise, counsel shall promptly notify the Court

A self-represented litigant must notify the clerk and opposing side of any change in mailing address or telephone number while the case is pending.

If you change your address or phone number while the case is pending, you must give the Clerk and the other side notice of the new address or phone.

A party objecting to a virtual-hearing motion may file an objection, set it for hearing, and provide 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.

An objecting party may file an objection and set it for hearing by providing 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.

Applies to

Deposition notice

A deposition notice providing less than ten calendar days is presumed unreasonable.

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.

Service

Mail

Docket and court hearing-setting notices are sent by USPS mail to the address on record.

All dockets or court hearings setting notices are sent to you via USPS mail, so we need a good address.

Applies to

Deposition notice

A deposition notice providing less than 10 calendar days' notice is presumed unreasonable.

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.

Service

Email

Email delivery of dockets is optional and may be requested by providing the court with a reliable email address.

If you would like to receive your docket via email, please provide the court with a reliable email address.