Travis County Courts at Law Service and Proof of Service Rules

CRITICALCivil cases

If minor children or incapacitated persons are heirs or distributees, the attorney ad litem must be served or waive service.

If there are minor children or incapacitated persons who are heirs/distributees, the attorney ad litem will be served or will waive service.

CRITICAL

Applies to

Motion

If a motion is based on substitution, a copy must be served on the opposing party or their attorney of record.

All motions shall be e-Filed in accordance with Supreme Court rules with a copy served upon the opposing party or attorney of record if the basis of the motion is a substitution.

CRITICAL

Applies to

Motion to withdraw

A withdrawal motion is heard only after it is e-filed and the defendant has notice to appear; attorneys must make every effort to notify the defendant, including by postal mail, email, text message, and phone.

An attorney's motion to withdraw will be heard after it is e-Filed and when the defendant has had notice to appear. Attorneys shall make every effort to notice the defendant, including postal mail, email, text message and phone.

CRITICALCivil cases

Applies to

De novo hearing request

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

Any person requesting a de novo hearing before the referring Court as permitted by Texas Government Code Section S4A.216 must also deliver a copy of the request to the Probate Court Administrator on the day the request is filed with the County Clerk.

CRITICAL

Applies to

Return of service

Before filing a return of service, the person verifying it must file an affidavit stating they are not a party to and have no interest in the suit; the affidavit may be included in the verified return.

Prior to the filing of return of service in any suit, the person verifying the return shall also file an affidavit that he or she is not a party to and has no interest in said suit. The affidavit may be part of the verified return required by Rule 107, Tex. R. Civ. P.

CRITICAL

The party requesting a 12-member jury is responsible for notifying opposing counsel.

The party is responsible for giving notice to opposing counsel.

CRITICALCivil cases

Service

Personal service

Heirs, or beneficiaries of a previously probated will instead of heirs, must be personally served with citation or deliver a waiver affidavit stating they do not object to probate.

All persons who would inherit as an heir of the testator if the will is not admitted to probate must either (1) be personally served with citation or (2) deliver to the Court an affidavit waiving citation and indicating that the heir does not object to the offer of the testator's will for probate. If another will of the testator has previously been admitted to probate, all beneficiaries of the testator's probated will - instead of the testator's heirs - must be personally served with citation or must deliver to the Court an affidavit waiving citation and indicating that the beneficiary does not object to the offer of the testator's will for probate.

CRITICALCivil cases

Citation must be served on each heir or distributee who does not waive service.

Citation will be served on each heir/distributee who does not waive service.

CRITICALCivil cases

Applies to

Citation

Service

Personal service

Potential heirs must be personally served or waive citation by affidavit; if the lost will is a codicil to an original will, the original will’s beneficiaries are served or waive instead.

All persons who would inherit as an heir of the testator if the lost will is not admitted to probate must be personally served with citation under § 258.002 or must execute an affidavit waiving citation. If the lost will is a codicil to an original will, the beneficiaries of the testator's original will - instead of the testator's heirs - must be personally served with citation under § 258.002 or must execute an affidavit waiving citation.

CRITICAL

The request must be filed with the District Clerk and 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

The party filing a motion to retain must give proper notice to all interested parties.

The party filing a motion to retain shall be responsible for giving proper notice to all interested parties.

CRITICALCivil cases

Notice or a waiver affidavit is required for heirs whose addresses can be ascertained with reasonable diligence, or for beneficiaries of a previously probated will instead of the heirs.

The notices or affidavits are required (1) for each of the testator's heirs whose address can be ascertained by the applicant with reasonable diligence or (2) if another will of the testator has already been admitted to probate, for each beneficiary of the testator's previously probated will instead of the testator's heirs.

CRITICAL

If the attorney cannot complete the requirements for withdrawal without a hearing, the motion to withdraw or substitute counsel must be presented at a hearing after notice is sent to the client and all other parties.

If an attorney is unable to complete these requirements, a motion to withdraw or to substitute another attorney must be presented at a hearing after the attorney sends notice to the client and to all other parties.

CRITICAL

The party setting a case must give written notice to the opposing party or attorney; the Court does not provide that notice.

It is always the responsibility of the party setting the case to give written notice to the opposing party or attorney. The Court is not responsible for giving written notice.

CRITICALCivil cases

Applies to

Objection

The person filing an objection must deliver a copy to all parties and the Probate Court Administrator on the day it is filed with the County Clerk.

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

CRITICALCriminal cases

Service

Email

Pretrial Services must email the information and copy the Chief Assistant County Attorney of the court.

Travis County Pretrial Service shall send the information by email and copy the Chief Assistant County Attorney of each court.

CRITICALCivil cases

Citation must be served on each heir or distributee who does not waive service.

Citation will be served on each heir/distributee who does not waive service.

CRITICALCivil cases

Applies to

Small estate affidavit

When a small estate affidavit is filed, the Clerk must require citation by posting to all interested parties in the estate.

It is therefore ORDERED that upon the filing of an affidavit for Collection of Small Estates Upon Affidavit under Texas Estates Code § 205, the Clerk shall require citation to all parties interested in the estate by posting under § 51.053 of the Texas Estates Code.

CRITICALCivil cases

If a minor child or incapacitated person is an heir or distributee, the attorney ad litem must be served or waive service.

If there are minor children or incapacitated persons who are heirs/distributees, the attorney ad litem will be served or will waive service.

CRITICALCivil cases

Signing the affidavit enters the signer's appearance, waives issuance and service of process, and permits the Court to consider the case without further notice to the signer.

By signing this affidavit waiving citation and waiving objection, I enter my appearance in this case for all purposes, and I waive the issuance and service of process. I agree that the case may be considered by the Court without further notice to me.

CRITICALCivil cases

Applies to

Citation

Service

Personal service

Every person named as a devisee in the lost will must be personally served with citation or execute an affidavit waiving citation.

All persons who are named as devisees in the lost will must be personally served with citation under § 258.002 or must execute an affidavit waiving citation.

CRITICALCivil cases

Before probate, specified notice must be served or affidavits waiving notice must be delivered to the Court.

When an applicant seeks to probate a will more than four years after the testator's death, Texas Estates Code §§ 258.051 & 258.053 require that specified notice by service of process must be given or affidavits waiving notice must be delivered to the Court before the probate of testator's will:

CRITICAL

Until the Court signs an order dismissing the ad litem, the ad litem must be served with all pleadings and notified of all hearings and conferences with the Court.

Until the Court signs an order dismissing an attorney ad litem or guardian ad litem, the ad litem must be served with all pleadings and must be notified of all hearings or conferences with the Court.

CRITICAL

Applies to

Media coverage request

A copy of the media-coverage request must be delivered to the Court Coordinator, all attorneys of record, and all unrepresented parties.

The request must be filed with the Probate Clerk with a copy delivered to the Court Coordinator, all attorneys of record, and all parties not represented by attorneys.

CRITICAL

When giving the required advance notice to the Court Coordinator, counsel must also give notice to all other parties at least five days before the hearing.

Counsel must notify the Court Coordinator when counsel intends to present some or all evidence electronically, including any use of the E-Courtroom technology. For all hearings, counsel must notify the Court Coordinator at least five days before the hearing, with notice to all other parties.

CRITICAL

Pro se parties must give the Clerk current addresses and phone numbers, and the addresses will be used to serve pleadings and notices.

Pro se parties must provide the Clerk with current addresses and phone numbers. The addresses provided will be used as the addresses for serving all pleadings and any other notices on the pro se party.

CRITICAL

The motion to retain must be accompanied by notice to all parties.

To be considered timely and to ensure the Court’s consideration, a motion to retain must be filed at least 14 days before the dismissal date specified in the notice of dismissal, with notice to all parties.

CRITICAL

If the requirements for withdrawal without a hearing are not met, the motion must be presented at a hearing after notice to the client and all other parties.

If all requirements of Local Rule 4.6(b) are not satisfied, a motion to withdraw or to substitute another attorney must be presented at a hearing after notice to the client and to all other parties.

CRITICAL

For a continuance motion based on facts arising within five days of the hearing or trial, the filer must notify the Court either by serving the motion through the electronic filing manager or by emailing an e-file-stamped copy to the Court Coordinator and copying all other parties.

The party filing the motion for continuance must notify the Court of the filing in one of the following ways: (i) serve the motion on the Court through the electronic filing manager, or (ii) email an e-file-stamped copy of the motion to the Court Coordinator, copying all other parties on the email.

CRITICAL

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

Any person requesting a de novo hearing before the referring Court as permitted by Texas Government Code Section 54A.216 must also deliver a copy of the request to the Probate Court Administrator on the day the request is filed with the County Clerk.

CRITICAL

Unless the Court directs otherwise, counsel seeking emergency relief must give advance notice of the application’s presentation time and place to represented opposing counsel.

(2) If emergency relief is requested and the party against whom relief is sought is represented by an attorney, movant’s counsel must give that attorney advance notice that the movant intends to present the application to the Court at a given time and place, unless otherwise directed by the Court.

CRITICALCriminal cases

Applies to

Mental health evaluation results

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

The party obtaining a setting must notify all other parties of its date, time, and total requested hearing time as required by the Texas Rules of Civil Procedure; notice should be sent the same day, and delay may support a continuance.

The Court does not send notices of settings. The party that obtained the setting must give notice to all other parties of the date and time of a setting and the total time requested 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 should 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

On the day an objection is filed with the County Clerk, the filer must deliver a copy to all parties and the Probate Court Administrator.

On the day an objection is filed with the County Clerk, the person filing the objection must also deliver a copy of the objection to all parties and to the Probate Court Administrator.

WARNING

If the Judge finds a telephone hearing insufficient, the Judge may require a virtual or in-person hearing and give notice to all parties.

If a Judge determines the hearing by telephone was insufficient, he or she may require a virtual or in-person hearing upon notice to all parties.

WARNING

A filed vacation notice must be served on all other parties as required by Texas Rule of Civil Procedure 21.

If counsel chooses to file a vacation notice, the notice must be filed in a specific case, with notice served on all other parties as required by Texas Rules of Civil Procedure Rule 21.

WARNING

IT IS ORDERED that the Clerk of the Court to which this assignment is made, if it is reasonable and practicable, and if time permits, give notice of this assignment to each attorney representing a party to a case that is to be heard in whole or in part by the assigned Judge.

IT IS ORDERED that the Clerk of the Court to which this assignment is made, if it is reasonable and practicable, and if time permits, give notice of this assignment to each attorney representing a party to a case that is to be heard in whole or in part by the assigned Judge.

INFO

After approving the application, the Court may authorize the applicant to serve citations and other notices in all pending suits in the Travis County Courts at Law.

Upon approval of the application, the Court may authorize service by the applicant in all pending suits in the Travis County Courts at Law.

INFOCivil cases

Each heir or distributee is expected, but not expressly required, to waive service.

Each heir/distributee is expected to waive service.

INFOCivil cases

Heirs and distributees are expected, but not expressly required, to waive service.

Each heir/distributee is expected to waive service.