Travis County District Courts Service and Proof of Service Rules

CRITICAL

For matters outside a limited appearance, service must be made on the party at the address in the notice, and notice to the attorney is ineffective.

Whenever service is required or permitted to be made upon a party represented by an attorney who has filed a Notice of Limited Appearance, service regarding matters outside the scope of the Notice of Limited Appearance must be made on the party. Any notice upon an attorney regarding matters outside the scope of the Notice of Limited Appearance is not effective notice on that party. Service upon a party must be at the address listed for the party in the Notice of Limited Appearance.

CRITICAL

Parties applying for ex parte orders must fully advise the opposing party of the relief and hearing sought unless the court waives this notice requirement.

A party presenting any application for an ex parte order must fully advise the opposing party of the relief and hearing sought, unless at the time the hearing is sought or scheduled, the court waives this notice requirement.

CRITICAL

Applies to

Appendices

Appendices in administrative appeals must be served on all parties but need not be filed with the Clerk.

Appendices must be served on all parties but are not required to be filed with the Clerk.

CRITICAL

Applies to

Request to record broadcast or photograph

A copy of the request to record, broadcast, or photograph must be delivered to the court, Court Administrator, all counsel of record, and all self-represented parties.

A copy of the request must also be delivered to the court, Court Administrator, all counsel of record and all self-represented parties.

CRITICAL

Applies to

Pretrial information form

The petitioner must serve a copy of the pretrial information form on the Family Court Services Manager fourteen days before the final hearing.

In every termination suit, except those brought by CPS, and in all adoption suits, the petitioner must file a completed pretrial information form with the District Clerk and serve a copy on the Family Court Services Manager fourteen days before the final hearing.

CRITICAL

Deadline

14 calendar days

The petitioner must serve the Family Court Services Manager a copy of the pretrial information form 14 days before the final hearing in covered termination and adoption suits.

In every termination suit, except those brought by CPS, and in all adoption suits, the petitioner must file a completed pretrial information form with the District Clerk and serve a copy on the Family Court Services Manager fourteen days before the final hearing.

CRITICALCriminal cases

Applies to

Motion

If the defense wants to argue a motion that requires no witnesses, it must notify the State and serve the State with a copy in enough time to prepare for the setting, consistent with the cited rules.

If the Defense desires to argue any motion(s) that does not require witnesses for either side, notification must be given to the State and the State must be served with a copy of the motion in adequate time to prepare for the setting in accordance with the Texas Code of Criminal Procedure and Texas Rules of Evidence.

CRITICAL

Filing a document with the District Clerk does not forward it to the judge; a party who needs the judge to receive a document must provide it directly to the judge rather than simply filing it.

Please note that documents filed with the District Clerk are not forwarded to a judge; if a party is required to forward a document to a judge or intends for a document to be ... document to the judge, and not simply file it.

CRITICAL

Applies to

Application to restrain governmental action

Prior notice of an application to restrain governmental action must be given to counsel for the governmental entity.

(e) In all cases, prior notice must be given to counsel for a governmental entity of any application to restrain governmental action.

CRITICAL

Applies to

Post trial pleading

The District Clerk does not forward pleadings to the trial judge, so the filing party must give notice directly to the trial judge when filing any enumerated post-trial pleading.

Pleadings that are filed with the District Clerk are not forwarded by the District Clerk to the trial judge. Notice must be given directly to the trial judge when a party files one or more of the following post-trial pleadings: (a) Request for Findings of Fact and Conclusions of Law (TEX. R. CIV. PROC. 296); (b) Notice of Past Due Findings of Fact and Conclusions of Law (TEX. R. CIV. PROC. 296); (c) Any affidavit of indigence filed in connection with an appeal (TEX. R. APP. PROC. 20.1); (d) Motion for New Trial, or Motion to Modify, Correct, or Reform Judgment; ( e) Motion for Judgment Notwithstanding the Verdict; or (t) Motions to Enter Judgment.

CRITICAL

A party seeking an ex parte order must fully advise the opposing party of the relief and hearing sought unless the court waives notice when the hearing is sought or scheduled.

A party presenting any application for an ex parte order must fully advise the opposing party of the relief and hearing sought, unless at the time the hearing is sought or scheduled, the court waives this notice requirement.

CRITICAL

Applies to

Pretrial form

Each party must deliver the required pre-trial form to the opposing party before the case is called for hearing and to the judge at the time of the hearing.

Each party must deliver the required form to the opposing party and to the judge hearing the case. (c) When Form Is Delivered Each party must deliver the required form to the opposing party before the case is called for hearing, and to the judge at the time of the hearing.

CRITICAL

Applies to

Ex parte application

A party applying for an ex parte order must fully advise the opposing party of the relief and hearing sought, unless the court waives this notice requirement.

A party presenting any application for an ex parte order must fully advise the opposing party of the relief and hearing sought, unless at the time the hearing is sought or scheduled, the court waives this notice requirement.

CRITICAL

Providing a document to a judge does not file it; documents presented to a judge for action (e.g., motions) must first be filed with the District Clerk, then a copy provided to the judge.

Also note that providing documents to a judge does not file them; documents provided to a judge for action (e.g., motions) must first be filed with the District Clerk, then a copy provided to the judge.

CRITICAL

For matters outside a limited appearance, service must be made on the party at the address in the notice; notice to the attorney is ineffective.

Whenever service is required or permitted to be made upon a party represented by an attorney who has filed a Notice of Limited Appearance, service regarding matters outside the scope of the Notice of Limited Appearance must be made on the party. Any notice upon an attorney regarding matters outside the scope of the Notice of Limited Appearance is not effective notice on that party. Service upon a party must be at the address listed for the party in the Notice of Limited Appearance.

CRITICALCriminal cases

Motions in cases requiring an evidentiary hearing must be served on the District Attorney at least 21 days before the hearing unless the parties agree otherwise.

In all cases necessitating an evidentiary hearing, motions must be filed and served on the District Attorney at least 21 days prior to the hearing, unless otherwise agreed upon by the parties.

CRITICAL

When a party is represented under a Notice of Limited Appearance, service on matters outside the limited appearance's scope must be made on the party (not the attorney) at the address listed in the Notice of Limited Appearance.

Whenever service is required or permitted to be made upon a party represented by an attorney who has filed a Notice of Limited Appearance, service regarding matters outside the scope of the Notice of Limited Appearance must be made on the party. Any notice upon an attorney regarding matters outside the scope of the Notice of Limited Appearance is not effective notice on that party. Service upon a party must be at the address listed for the party in the Notice of Limited Appearance.

CRITICAL

A copy of the request must be delivered to the court, Court Administrator, counsel of record, and self-represented parties, with enough lead time for consultation and a hearing.

A copy of the request must also be delivered to the court, Court Administrator, all counsel of record and all self-represented parties. Such request must be made in time to afford the attorneys and parties sufficient time to confer, to contact their witnesses, and to be fully heard by the court on the questions of whether the recording, broadcasting, or photographing should be allowed and, if so, what conditions, if any, must be imposed.

CRITICAL

The party requesting a hearing setting must notify all other parties.

The party requesting the setting must give notice to all other parties.

CRITICAL

Applies to

Objection to associate judge

A copy of an objection to an Associate Judge must be delivered to all parties and to the Court Administrator on the same day the objection is filed with the District Clerk.

A person filing an objection must deliver a copy of the objection to all parties and to the Court Administrator on the same day the objection is filed with the District Clerk.

CRITICAL

The party obtaining a setting must notify all parties of its date, time, and estimated total duration in accordance with the applicable procedural and local rules; the court and Court Administrator do not send notice.

Neither the court nor the Court Administrator sends notices of settings. The party who obtains the setting pursuant to Local Rule 2.3 must give notice to all parties of the time 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 and these Local Rules, including Local Rule 1.4.

CRITICAL

Service

Email to opposing party

Advance notice of a TRO application must be given by both email and telephone to the parties to the agency proceeding and to their counsel if they were represented in the agency proceeding.

Advance notice of the application for a temporary restraining order must be provided by email and by telephone to the party or parties to the agency proceeding and to counsel if the party was represented at agency proceeding.

CRITICAL

Required appendices to administrative appeal briefing must be served on all parties but need not be filed with the Clerk.

Appendices must be served on all parties but are not required to be filed with the Clerk.

CRITICAL

Prior notice of any application to restrain governmental action must be given to counsel for the governmental entity.

In all cases, prior notice must be given to counsel for a governmental entity of any application to restrain governmental action.

CRITICAL

The party requesting a hearing setting must notify all other parties.

The party requesting the setting must give notice to all other parties.

CRITICAL

A person requesting a de novo hearing before a District Judge must deliver a copy of the request to the Court Administrator on the day it is filed with the District Clerk.

A person requesting a de nova hearing before a District Judge must deliver a copy of the request to the Court Administrator on the same day that the request is filed with the District Clerk.

CRITICAL

The party requesting a hearing setting (in a case involving an incarcerated party) must give notice of the setting to all other parties.

The party requesting the setting must give notice to all other parties.

CRITICAL

Applies to

Return of service

A process server's return of service must state that the server is at least 18 years old, is not a party to or interested in the outcome of the suit, and is authorized by written order to serve process, including the blanket order number.

When a return is required, a person authorized to serve process must state in his or her return that he or she is (a) Not less than eighteen years of age; (b) Not a party to or interested in the outcome of t~e suit; and (c) Authorized by written order to serve process, and the number of such blanket written order.

CRITICAL

Applies to

Hearing to restrain agency action

Notice of a hearing to restrain agency action must be provided to the Texas Attorney General’s Office.

(f) Notice of any hearing to restrain agency action must be provided to the Office of the Attorney General of Texas.

CRITICAL

Service on a party represented under a limited appearance must be made at the address listed for that party in the Notice of Limited Appearance.

Service upon a party must be at the address listed for the party in the Notice of Limited Appearance.

CRITICAL

Applies to

Motion

Movants seeking a continuance must deliver a copy of the motion and give hearing notice as required by the Texas Rules of Civil Procedure.

This Rule does not relieve a movant of the burden of delivering a copy of the motion and giving notice of the hearing in the manner and within the time provided by the Texas Rules of Civil Procedure.

CRITICAL

Applies to

Pretrial forms

Each party must file the required pre-trial forms with the District Clerk and deliver a copy to the opposing party.

Each party must file the required forms with the District Clerk and deliver a copy to the opposing party.

CRITICAL

Each party must file the required pretrial forms with the District Clerk and deliver a copy to the opposing party.

Each party must file the required forms with the District Clerk and deliver a copy to the opposing party.

CRITICAL

The party obtaining a setting—not the court or Court Administrator—must notify all parties of the setting details and total hearing time.

Neither the court nor the Court Administrator sends notices of settings. The party who obtains the setting pursuant to Local Rule 2.3 must give notice to all parties of the time and date of a setting and the total time needed for the entire hearing for all participants.

CRITICAL

Notice of any hearing to restrain agency action must be provided to the Office of the Attorney General of Texas.

Notice of any hearing to restrain agency action must be provided to the Office of the Attorney General of Texas.

CRITICAL

Copies of notices, motions, and pleadings required under this Chapter must also be delivered to the Court Administrator.

A copy of notices, motions, and pleadings required to be filed by this Chapter also must be delivered to the Court Administrator.

CRITICAL

A copy of an objection must be delivered to all parties and the Court Administrator on the day it is filed with the District Clerk.

A person filing an objection must deliver a copy of the objection to all parties and to the Court Administrator on the same day the objection is filed with the District Clerk.

CRITICAL

For matters outside the scope of a Notice of Limited Appearance, service must be made on the party, and notice given to the limited-appearance attorney is not effective notice on that party.

Whenever service is required or permitted to be made upon a party represented by an attorney who has filed a Notice of Limited Appearance, service regarding matters outside the scope of the Notice of Limited Appearance must be made on the party. Any notice upon an attorney regarding matters outside the scope of the Notice of Limited Appearance is not effective notice on that party.

CRITICAL

Applies to

Submission email

Service

Email to all parties

All counsel of record and self-represented parties must be copied on the submission email.

All counsel of record and self-represented parties shall be copied.

CRITICALCriminal cases

Information provided to assist a judge in determining bail or pretrial-release conditions must be provided to the defendant’s attorney before the determination.

Any information or data which has been or will be provided to any judge for the purpose of assisting the judge in determining bail and any conditions of pre-trial release shall be provided to any attorney representing a criminal defendant prior to said judicial determination.

CRITICAL

Applies to

Request for de novo hearing

A person requesting a de novo hearing must deliver a copy of the request to the Court Administrator on the day it is filed with the District Clerk.

Any person requesting a de nova hearing before a judge must also deliver a copy of the request to the Court Administrator on the same day that the request is filed with the District Clerk.

CRITICAL

Applies to

Post trial pleading

Notice of post-trial pleadings must be given to the trial judge by delivering a copy to the Office of the District Judges at the Civil and Family Courts Facility, by mail to P.O. Box 1748, Austin, TX 78767-1748, or by email to the trial court's submission email address with the required subject line.

Notice must be given to the trial judge by the party filing the pleading by: (a) Delivery of a copy of the pleading to the attention of the trial judge at the Office of the District Judges at the Civil and Family Courts Facility; (b) Mail addressed to the trial judge at P.O. Box 1748, Austin, TX 78767-1748; or (c) Email to the trial court's submission email address, which may be found on each court's webpage, with "Request for Post Trial Hearing" in the subject line of the email.

CRITICAL

A copy of the recording request must be delivered to the court, Court Administrator, counsel of record, and self-represented parties.

A copy of the request must also be delivered to the court, Court Administrator, all counsel of record and all self-represented parties.

CRITICAL

Applies to

Continuance motion

A continuance movant must still deliver a copy of the motion and give hearing notice in the manner and time required by the Texas Rules of Civil Procedure.

This Rule does not relieve a movant of the burden of delivering a copy of the motion and giving notice of the hearing in the manner and within the time provided by the Texas Rules of Civil Procedure.

CRITICALCriminal cases

Notice must be shown to both previous counsel in the case and the District Attorney.

The motion must also have attached a certificate of service showing notice to both previous counsel in the case and the District Attorney.

CRITICAL

Notice of any hearing to restrain agency action must be provided to the Office of the Attorney General of Texas.

Notice of any hearing to restrain agency action must be provided to the Office of the Attorney General of Texas.

CRITICAL

Each party must file the required forms with the District Clerk and deliver a copy to the opposing party.

Each party must file the required forms with the District Clerk and deliver a copy to the opposing party.

CRITICAL

Setting notice must comply with the applicable procedural rules and be sent the same day the setting is obtained; delay may be argued as a basis for continuance.

Notice must be given in the manner and within the time provided by the Texas Rules of Civil Procedure and these Local Rules, including Local Rule 1.4. Notice must be sent the same day the party obtains the setting, and any delay in sending notice may be argued by opposing counsel as a basis for continuance.

CRITICAL

Applies to

Pre trial forms

Pre-trial forms must be delivered to the opposing party before the case is called for hearing and to the judge at the time of the hearing.

Each party must deliver the required form to the opposing party before the case is called for hearing, and to the judge at the time of the hearing.

CRITICAL

A copy of the recording request must be delivered to the court, Court Administrator, all counsel of record, and all self-represented parties.

A copy of the request must also be delivered to the court, Court Administrator, all counsel of record and all self-represented parties.