Walker County District Court Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Trial preparation materials

The trial-preparation materials must be provided to opposing counsel and any self-represented party at least five working days before the Pretrial Hearing and brought to the hearing.

Pursuant to Rule 166 ofthe Texas Rules of Civil Procedure, the following documents and materials shall be provided to all opposing counsel and any self-represented party no fewer than five (5) working days prior to the scheduled Pretrial Hearing, and must be brought to the hearing:

CRITICAL

Notice of designated vacation weeks must be served on the court, opposing counsel, and the appropriate clerk.

Notice of the designated vacation weeks must be served on the court, opposing counsel, and the appropriate clerk.

CRITICAL

Matters not requiring testimony may be set by submission if opposing counsel receives at least ten days’ written notice and an opportunity to object; a timely objection requires an oral hearing.

Matters that do not require testimony will be allowed to be set by submission at any time, provided that opposing counsel receives at least ten (10) days written notice with the opportunity to object. If an objection is timely made, the matter must be set for oral hearing pursuant to Rule 3.12 and 4.15 of these local rules, as applicable.

CRITICAL

Applies to

Ad litem appointment notice

In a case involving an attorney ad litem, attorneys must promptly provide written notice of the appointment and scheduled settings to the ad litem, no later than five days after appointment.

In any case involving the appointment of an attomey ad litem, all attomeys have an affirmative duty to provide written notice of the appointment and any scheduled settings to the ad litem without delay and no later than five (5) days from the date of appointment.

CRITICAL

Applies to

Pleadings orders and other filed documents

Each party must furnish the ad litem copies of all pleadings, orders, and other filed documents.

Each party must also fumish the ad litem with copies of all pleadings, orders, and other filed documents.

CRITICAL

A motion to quash a deposition must be filed with the clerk and served on opposing counsel or parties in accordance with the referenced rules; otherwise, it does not stay the deposition.

The filing of a motion to quash a deposition with the clerk and service on opposing counsel or parties shall be in accordance with Rule 2.14 and 2.L5 and with TRCP; otherwise, the filing of a motion to quash does not stay a deposition.

CRITICAL

Unless otherwise ordered, the parties must serve or exchange the listed materials at least ten days before the pretrial conference, and make exhibits available for inspection on the conference date or earlier with reasonable notice and request.

Unless otherwise specifically ordered, at least ten (10) days prior to the pretrial conference, the parties shall serve or exchange the following: (1) exhibit lists (parties are required to make their exhibits available for inspection on the date of the pretrial conference or on a date prior with reasonable notice and request); (2) witress lists; (3) deposition excerpts by page and line; (4) motions in limine; and (5) proposed jury charge.

CRITICAL

A party may seek entry of a proposed order, decree, or judgment by motion, with a hearing no sooner than ten days after filing and notice to opposing counsel.

a. file a motion for entry of the proposed order, decree or judgmenf secure a hearing on same no sooner than ten (10) days from the date of filing of the motion and provide notice to all opposing counsel.

CRITICAL

b. present the court with the proposed order, decree or judgment together with a letter requesting the court to sign same if the court has not received any written objection from opposing counsel within ten (10) days from the date of the letter. Notice shall be provided to all opposing counsel by providing them with the proposed judgment and a copy of the letter.

b. present the court with the proposed order, decree or judgment together with a letter requesting the court to sign same if the court has not received any written objection from opposing counsel within ten (10) days from the date of the letter. Notice shall be provided to all opposing counsel by providing them with the proposed judgment and a copy of the letter.

CRITICAL

A party responding to a motion for entry must provide opposing counsel a written list of objections or an alternative proposed order at least three days before the hearing.

a party responding to a motion filed under subsection a. of this rule shall at least three (3) days prior to the hearing, present to opposing counsel a written list of objections to the order (or an altemative proposed order).

CRITICAL

Applies to

Hearing notice

The requesting party must promptly give the opposing party written notice of the setting using the specified form, file the original with the clerk, and provide a copy to the court coordinator.

It is the responsibility of the party requesting a hearing-not the court coordinator-to promptly provide written notice to the opposing party of the scheduled setting, including the date, time, and subject matter, using the courfs Confirmation of Hearing or Setting Request form. The original form must be filed with the appropriate clerk, and a copy must be provided to the court coordinator.

CRITICAL

If the defendant is under arrest, a copy of the Certificate of No-Bill must be delivered immediately to the Sheriff and the defendant.

a. Defendant Under Arrest: If the defendant is under arrest, a copy of the certificate shall be delivered to the Sheriff and the defendant immediately.

CRITICAL

If the defendant is under bond, a copy of the Certificate of No-Bill must be delivered immediately to the surety and the defendant.

b. Defendant Under Bond: A copy of the certificate shall be delivered to the surety (bondsman) and the defendant immediately.

CRITICAL

Applies to

Formal motion

A formal motion must be filed with the clerk and served on the district attorney for a hearing date to be set.

If a formal motion has been filed with the clerk and served upon the district attorney in compliance with these ruleq a date certain shall be set by the court at the motions ancillary for a hearing on said motion.

CRITICAL

Applies to

Formal motion

A formal motion must be filed with the clerk and served on the district attorney for a hearing date to be set.

If a formal motion has been filed with the clerk and served upon the district attorney in compliance with these ruIeg a date certain shall be set by the court at the motions ancillary for a hearing on said motion.

CRITICAL

Failure to serve the parties who are required to be served is grounds to deny a surety’s request for surrender.

Failure to provide service to the parties required to be served will be grounds for denial of the request for surrender.

WARNING

Applies to

Hearing notice

The party requesting a hearing must promptly give the opposing party written notice of the setting, including its date, time, and subject matter, using the court's specified form.

It is the responsibility of the party requesting a hearing-not the court coordinator-to promptly provide written notice to the opposing party of the scheduled setting, including the date, time, and subject matter, using the courf s Confirmation of Hearing or Setting Request form.

WARNING

Objections timely filed and served in compliance with the rules will be addressed at the pretrial conference.

Any objections that have been timely filed and served in compliance with these rules will be addressed at the pretrial conference.

WARNING

A written objection received within the stated ten-day period requires the court to schedule a hearing under subsection a.

If the court receives a written objection from opposing counsel within the stated time, the court shall schedule a hearing for entry of the same pursuant to subsection a. of this rule;

WARNING

In any case involving an attorney ad litem appointment, all attorneys must promptly notify the ad litem in writing of the appointment and scheduled settings, no later than five (5) days from appointment.

In any case involving the appointment of an attorney ad litem, all attomeys have an affirmative duty to provide written notice of the appointment and any scheduled settings to the ad litem without delay and no later than five (5)