Travis County District Courts Service and Proof of Service Rules

CRITICAL

Copies of notices, motions, and pleadings required to be filed under Chapter 8 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

Applies to

Hearing notice

The Office of the Attorney General of Texas must receive notice of any hearing to restrain agency action.

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

CRITICAL

Applicants seeking a TRO or other emergency relief must provide the Rule 10.2 notice to the Local Administrative Judge contemporaneously with or immediately after seeking the relief.

If seeking a temporary restraining order or other emergency relief, the applicant must, contemporaneously with or immediately after seeking a temporary restraining order or other emergency relief, provide the notice described in Rules 10.2.

CRITICAL

Applies to

Motion

A movant must still 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

Notice of setting

The court does not send setting notices; the party obtaining the setting must notify all parties of the time, date, and total hearing time as required by the Texas Rules of Civil Procedure and Local Rule 1.4.

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

Appendices must be served on all parties and need not be filed with the Clerk.

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

CRITICAL

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

Applies to

Notice of setting

The party obtaining a setting—not the court or Court Administrator—must notify all parties of the setting date, time, and total hearing time in the manner and within the time provided by the Texas Rules of Civil Procedure and the Local Rules (including Local Rule 1.4).

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

A copy of a request for a de novo hearing must be delivered to the Court Administrator on the same day the request is filed with the District Clerk.

Any person requesting a de novo 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

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 novo 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

Advance notice of a temporary restraining order application must be given by email and telephone to the agency-proceeding parties and, if represented there, their counsel.

(c) 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

Applies to

Pre trial forms

Each party must deliver the required pre-trial forms to both the opposing party and the judge hearing the case.

Each party must deliver the required form to the opposing party and to the judge hearing the case.

CRITICAL

A party requesting a hearing setting must give notice of the setting to all other parties.

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

CRITICAL

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

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

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.

CRITICALCriminal cases

The media-coverage request must be filed with the District Clerk, with a copy delivered to the Court, Court Administrator, counsel of record, and unrepresented parties.

The request shall be filed with the District Clerk, with a copy delivered to the Court, Court Administrator, all counsel of record and all parties not represented by attorneys.

CRITICAL

Applies to

Motion for continuance

A movant seeking a continuance must still deliver a copy of the motion and give notice of the hearing 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

A motion to have a matter heard by a District Judge instead of an Associate Judge must be set for hearing with notice to all parties as required by the applicable rules of civil procedure.

The motion must be in writing and must set the motion for hearing by a judge with notice to all parties as required by the applicable rules of civil procedure.

CRITICAL

Applies to

Notice

Applicants seeking a temporary restraining order or other emergency relief must provide the Rule 10.2 notice contemporaneously with or immediately after seeking relief.

(b) If seeking a temporary restraining order or other emergency relief, the applicant must, contemporaneously with or immediately after seeking a temporary restraining order or other emergency relief, provide the notice described in Rules 10.2.

CRITICAL

Applies to

Pretrial information form

In termination suits not brought by CPS and in all adoption suits, the petitioner must serve the Family Court Services Manager a copy of the completed pretrial information form 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

Applies to

Temporary restraining order application

Service

Email

Advance notice of a temporary restraining order application must be provided by email and telephone to the agency-proceeding parties and, if represented there, their counsel.

(c) 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.

CRITICALCriminal cases

Service

Email

Pretrial Services must email the requested information and copy the Assistant District Attorney.

Pretrial Services shall send the information by email and copy the Assistant District Attorney.

CRITICALCriminal cases

The Sheriff’s Office must make the results of any Article 16.22 mental health evaluation available to the Court, defense attorney, and prosecutor.

The Court ORDERS the Travis County Sheriff’s Office to make available to the Court, Defense Attorney and Prosecutor the results of any mental health evaluation pursuant to Art. 16.22 Tex. Code Crim. Proc.

CRITICAL

Notice of post-trial pleadings to the trial judge must be given by delivery to the Office of the District Judges, by mail to P.O. Box 1748, Austin, TX 78767-1748, or by email to the trial court's submission email address with 'Request for Post Trial Hearing' in the 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 17 48, Austin, TX 787 6 7-17 48; 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 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.

A person requesting a de novo 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

Counsel for a governmental entity must receive prior notice of any application to restrain governmental action.

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

WARNING

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

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

WARNING

Notice of a setting must be sent the same day it is obtained; delay may be argued as a basis for continuance.

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.

WARNINGCriminal cases

Motions to withdraw or substitute counsel should be set with notice to the State of the setting date.

Motions to withdraw or to substitute counsel should be set with notification to the State as to when the motion is set.

WARNING

Continuance movants must still deliver a copy of the motion and give notice of the hearing in the manner and within the time provided 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.

INFOCriminal cases

Service

Mail

Adequate notice to the Defendant may be shown by certified mail, return receipt requested, sent to the Defendant's last known address.

Adequate notice may be shown by certified mail, return receipt requested, to the last known address of the defendant.