Smith County Courts at Law Service and Proof of Service Rules

Civil cases

Applies to

Summary judgment response

Any response to a summary-judgment motion must be served seven days before the submission date.

A response, if any, to a motion for summary judgment shall be filed and served seven (7) days before the submission date pursuant Tex. R. Civ. Proc. Rule 166a.

Civil cases

Opposing counsel must present objections to the Court and the offering attorney before the joint pretrial conference.

Objections by opposing counsel must be presented to the Court and the offering attorney prior to the joint pretrial conference.

Civil cases

Edited video depositions must be presented to opposing counsel for examination of editing, relocation, or out-of-context presentation.

Any edited video depositions shall be presented for exhibition to opposing counsel to examine any piecemeal editing, relocation of testimony, exhibition out of context, etc.

Civil cases

Attorneys proposing video presentations must provide opposing counsel the page and line numbers at the time assigned for entry of the joint pretrial order.

Attorneys proposing to use video presentations must present the page and line numbers to opposing counsel at the time assigned for the entry of the joint pretrial order.

Civil cases

A copy of each continuance or postponement motion must be properly served on opposing counsel or unrepresented opposing parties.

All Motions for Continuance or Postponement must be filed in writing with the Court at least seven (7) days prior to the hearing in the cause, except for good cause shown, and a copy properly served upon opposing counsel or unrepresented opposing parties.

Civil cases

Applies to

Motion for continuance

Service

Mail

If the client is unavailable or out of state, counsel may use the alternative procedure by mailing the motion copy to the client by certified mail, return-receipt requested.

All second or subsequent Motions for Continuance must be personally approved and signed by the client for whom a postponement is requested, or if the client is unavailable or out of state, counsel may certify that his client has been mailed a copy of the motion by certified mail, return-receipt requested with a cover letter stating in a separate paragraph in bold face type, The postponement is being sought by (attorney's name) for (the party's name).

Civil cases

Counsel must provide opposing counsel a copy of the exhibit list and make the listed exhibits available for examination by the earlier of the Pre-Trial Conference or seven days before trial; unanticipated rebuttal exhibits are excepted.

Each counsel will file a list of all potential exhibits to be offered, provide a copy to opposing counsel, and make all such exhibits available for examination by opposing counsel, and do so before the Pre-Trial Conference or at least seven (7) days before trial, whichever occurs first. The only exceptions to this rule are rebuttal exhibits which cannot be anticipated.

Civil cases

Counsel requiring authentication of exhibits not covered by Section 193.7 must notify offering counsel in writing at least 15 days before trial or the pre-trial conference, whichever is earlier, unless the Court grants leave for good cause.

Any counsel requiring authentication of any other exhibits not covered by Section 193.7, must so notify in writing the offering counsel at least fifteen (15) days before trial or pre-trial conference, whichever is earlier, except on leave of Court for good cause.

Civil cases

Moving counsel must deliver the written order or other specified document to opposing counsel with an appropriate signature line for approval.

Within ten (10) days after rendition of an order, an agreed order, decision, judgment or an announced settlement by counsel, counsel for the moving party shall cause, unless ordered otherwise, all such orders, decisions, or judgments, or documents to be reduced to writing and delivered to opposing counsel with an appropriate signature line to allow opposing counsel to acknowledge "approved as to form" or "approved as to form and substance," as appropriate.

Civil cases

Where possible, admissibility objections must be made at least 15 days before trial or the pre-trial conference, whichever is earlier; the Court must be notified in writing, with copies to all counsel and supporting authorities and disputed exhibits, unless the Court grants leave for good cause.

Any other objections to admissibility of exhibits must, where possible, be made at least fifteen (15) days before trial or pre-trial conference, whichever is earlier, except on leave of Court for good cause, and the Court notified in writing with copies to all counsel accompanied by supporting legal authorities and copies of the exhibits in dispute.