Rusk County District Court, Texas Service and Proof of Service Rules

CRITICAL

Applies to

Setting request

Contested civil setting requests must be written and served with a copy on all parties or counsel of record.

Requests must be made in writing to the County Court-at-Law Judge's secretary, with a copy served on all parties to the cause or their counsel of record.

CRITICAL

The requesting party must notify all other parties or their counsel of record 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

Applies to

Setting request

Civil jury-setting requests must be written and served with a copy on all parties or counsel of record.

Requests must be made in writing to the District Judge's secretary, with a copy served on all parties to the cause or their counsel of record.

CRITICAL

Applies to

Setting notice

The County Attorney’s Office must notify the defendant or his sureties and attorney of record of all settings and file a copy of each notice with the District Clerk’s office.

Notice of all settings by the County Attorney's Office shall be given by said office to the defendant or his sureties and the defendant's attorney of record, with a copy of such notice filed in the District Clerk's office.

CRITICAL

Applies to

Setting notice

A defendant who requests a court setting must give the State notice of all such settings.

Notice to the State of all settings by the Court on request of the defendant shall be given by the requesting defendant.

CRITICAL

The Court directs notice of civil jury settings to all parties or their counsel of record.

Notice of such settings shall be given under the direction of the Court to all parties to the cause or their counsel of record.

CRITICAL

Applies to

Setting notice

The County Attorney's Office must give notice of all criminal settings to the defendant or sureties and counsel of record and file a copy with the County Clerk.

Notice of all settings by the County Attorney's Office shall be given by said office to the defendant or his sureties and the defendant's attorney of record, with a copy of such notice filed in the County Clerk's Office.

CRITICAL

Applies to

Setting request

Civil jury-setting requests in County Court-at-Law must be written and served with a copy on all parties or counsel of record.

Requests must be made in writing to the County Court-at~Law Judge's secretary, with a copy served on all parties to the cause or their counsel of record.

CRITICAL

Applies to

Waiver of arraignment

A copy of the filed arraignment waiver must be served on the State's attorney for the defendant and counsel to be excused from appearing.

The defendant and his attorney are excused from appearing at arraignment if a written waiver of arraignment, signed by the defendant and his attorney, has been filed in the cause and a copy served on the State's attorney.

CRITICAL

Except for motions in limine and motions for continuance, covered civil pre-trial motions, special exceptions, and pleas must be served on opposing counsel three full days before the hearing, subject to longer required periods or a shorter period for good cause.

B. Except for motions in limine and motions for continuance, all special exceptions, other pre-trial motions and pleas must be filed and copies served on opposing counsel for three (3) full days before the pre-trial hearing, unless a longer period for filing is otherwise required or a shorter period allowed for good cause.

WARNING

The requesting party in a criminal non-jury case must notify the other side of the setting.

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

WARNING

Applies to

Contested civil nonjury setting request

A copy of a contested civil non-jury setting request must be served on all parties or their counsel of record.

Requests must be made in writing to the District Judge's secretary, with a copy served on all parties to the cause or their counsel of record.

WARNING

The requesting party in a contested civil non-jury case must notify all other parties or their counsel of record 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.

WARNING

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

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

WARNING

A criminal defendant and attorney may be excused from docket call if a signed written announcement is filed and served on the state's attorney and neither side seeks a contested continuance motion.

4. The defendant and his attorney are excused from appearing at docket call if a written announcement, signed by the defendant or his attorney, has been filed in the cause and a copy served on the state's attorney, and neither side wishes to urge a contested motion for continuance.

WARNING

A criminal defendant and attorney may be excused from docket call if a signed written announcement is filed and served on the State's attorney and neither side seeks a contested continuance motion.

4. The defendant and his attorney are excused from appearing at docket call if a written announcement, signed by the defendant or his attorney, has been filed in the cause and a copy served on the State's attorney and neither side wishes to urge a contested motion for continuance.

WARNING

A defendant and attorney may be excused from arraignment if a waiver signed by both is filed and a copy is served on the state's attorney.

2. The defendant and his attorney are excused from appearing at arraignment if a written waiver of arraignment, signed by the defendant and his attorney, has been filed in the cause and a copy served on the state's attorney.