Waller County Courts at Law Service and Proof of Service Rules

CRITICAL

Before a Temporary Orders hearing, parties must provide the opposing party a financial information sheet, two years of tax returns, three months of pay stubs, health insurance information, a specific Request for Relief, and a basic property inventory.

Prior to the Temporary Orders hearing parties must provide the following to the opposing party, regardless of the progress of formal Discovery: a. A financial information sheet (as laid out in or substantially similar to that in the Texas Family Law Practice Manual) b. Tax returns for the past two years; c. Pay stubs for the past three months; d. Information regarding Health Insurance coverage on the parties and their children; and e. A Request for Relief setting out the specific relief requested for temporary orders. f. Basic inventory of property

CRITICAL

Service

Mail

The client must be sent a copy of the withdrawal order and notice of current deadlines and settings by certified mail.

A copy of the leave to withdraw shall be forwarded to client, along with notice of current deadlines and settings by certified mail.

CRITICAL

Applies to

Certificate of no bill

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

1. 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

Applies to

Certificate of no bill

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

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

CRITICAL

Defense counsel must register for the District Attorney’s e-discovery portal and accept discovery in that format.

Counsel for defendant shall register for the e-discovery portal with the Waller County District Attorney's office for discovery and accept discovery in that format.

CRITICAL

Service

Electronic service to opposing party

The State must furnish discovery under Article 39.14 no later than seven days before the pretrial hearing, and defense counsel must register for and accept discovery through the District Attorney's e-discovery portal.

The State of Texas is hereby ordered to furnish discovery to the defendant as provided in Article 39.14 of the Code of Criminal Procedure. Said discovery shall be furnished no later than seven (7) days prior to the pretrial hearing as set forth herein. Counsel for defendant shall register for the e-discovery portal with the Waller County District Attorney's office for discovery and accept discovery in that format.

CRITICAL

In bond-forfeiture proceedings, the defendant and sureties must be served with citation.

The Judgment Nisi proceedings will be docketed as a civil matter in the court that ordered the forfeiture and the defendant and his sureties shall be served with citation.

CRITICAL

Notice that the dismissal order was signed must be given as required by Rule 165a.

Notice of the signing of the order of dismissal shall be given as required by Rule 165a of the Texas Rules of Civil Procedure.

CRITICAL

When a case is placed on the dismissal docket, the Court must promptly send notice of its intention to dismiss to each attorney of record and each pro se party whose address appears in the clerk’s file.

When a case has been placed on the dismissal docket, the Court shall promptly send notice of the Court's intention to dismiss for want of prosecution to each attorney of record and pro se party whose address is shown in the clerk's file.

CRITICAL

Notice that the dismissal order has been signed must be given as required by Texas Rule of Civil Procedure 165a.

Notice of the signing of the order of dismissal shall be given as required by Rule 165a of the Texas Rules of Civil Procedure.

CRITICAL

Sureties must receive 45 days' advance notice of any trial setting.

The sureties shall be given forty-five days advance notice of any trial setting.

CRITICAL

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

1. 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

The Court must promptly send notice of its intent to dismiss to attorneys of record and pro se parties with addresses in the clerk’s file, and file a copy of the notice with the case papers.

When a case has been placed on the dismissal docket, the Court shall promptly send notice of the Court's intention to dismiss for want of prosecution to each attorney of record and pro se party whose address is shown in the clerk's file. A copy of such notice shall be filed with the papers of the cause.

CRITICAL

Sureties must receive 45 days’ advance notice of any trial setting.

The sureties shall be given forty-five days advance notice of any trial sefting.

CRITICAL

The scheduling order must be delivered to the defendant and counsel at arraignment.

Each court will adopt a scheduling order that shall be delivered to the defendant and counsel at arraignment.

CRITICAL

Applies to

Summary judgment motion

For standard and no-evidence summary-judgment motions filed under submission, the notice period to opposing counsel is extended to 30 days after filing.

Motions for Summary Judgment Rule 166(b) TRCP may be filed under submission. The Court will follow Rule 166(b) TRCP for submission filings regarding motions for summary judgment, save and except, the 21 day notice to opposing counsel requirement under section (c) of Rule 166(a) of the TRCP is extended to 30-days after filing for both standard and no-evidence motions for summary judgment.

CRITICAL

Applies to

Certificate of no bill

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

1. 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

Applies to

Certificate of no bill

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

1. 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

Attorneys requesting a hearing or trial setting must serve notice of the request on all counsel and self-represented parties.

and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the setting request.

CRITICALCivil cases

The listed materials must be furnished to opposing counsel and self-represented parties at least five working days before the scheduled Pretrial Hearing.

Pursuant to Rule 166 of the Texas Rules of Civil Procedure, the following items must be furnished to opposing counsel and self-represented parties at least five (5) workiig days - prior to the Pretrial Hearing (as scheduled by the Court), and brought with you to ihe hearing.

CRITICAL

Sureties must receive forty-five days advance notice of any trial setting.

The sureties shall be given forty-five days advance notice of any trial setting.

CRITICAL

The defendant and sureties must be served with citation in the bond forfeiture proceeding.

the defendant and his sureties shall be served with citation.

CRITICAL

Summary-judgment motions may be submitted without a hearing, and opposing counsel must receive the required notice 30 days after filing for both standard and no-evidence motions.

Motions for Summary Judgment Rule 166(b) TRCP may be filed under submission. The Court will follow Rule 166(b) TRCP for submission filings regarding motions for summary judgment, save and except, the 21 day notice to opposing counsel requirement under section (c) of Rule 166(a) of the TRCP is extended to 30-days after filing for both standard and no-evidence motions for summary judgment. This will allow the 21-day notice, plus additional time for weekends, holidays and mailing to take effect.

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.

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

CRITICAL

Applies to

Pleadings

In a family law case, each litigant must serve the other party with the Standing Restraining Order along with their pleadings.

all litigants in a family law case are required to serve the other party with a copy of the Standing Restraining Order with their pleadings.

CRITICAL

Attorneys requesting a hearing or trial setting must serve notice of the request on all counsel and pro se parties.

the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the setting request.

CRITICAL

The State must furnish discovery to the defendant under Article 39.14 no later than seven days before the pretrial hearing.

The State of Texas is hereby ordered to furnish discovery to the defendant as provided in Article 39.14 of the Code of Criminal Procedure. Said discovery shall be furnished no later than seven (7) days prior to the pretrial hearing as set forth herein.

CRITICAL

Applies to

Certificate of no bill

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

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

CRITICAL

Sureties must receive 45 days' advance notice of any trial setting.

The sureties shall be given forty-five days advance notice of any trial setting.

CRITICAL

Applies to

Setting request

Attorneys requesting a hearing or trial setting must serve notice of the request on all counsel and parties appearing pro se.

the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the setting request.

CRITICAL

Service

Electronic service

The State must furnish discovery no later than seven days before the pretrial hearing, and defense counsel must register for and accept discovery through the District Attorney’s e-discovery portal.

The State of Texas is hereby ordered to fumish discovery to the defendant as provided in Article 39. 14 of the Code of Criminal Procedure. Said discovery shall be fumished no later than seven (7) days prior to the pretrial hearing as set forth herein. Counsel for defendant shall register for the e-discovery portal with the Waller County District Attorney's office for discovery and accept discovery in that format.

CRITICAL

Applies to

Certificate of no bill

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

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

CRITICAL

The defendant and the sureties must be served with citation in bond-forfeiture proceedings.

The defendant and his sureties shall be served with citation.

CRITICAL

The defendant and sureties must be served with citation in the Judgment Nisi proceedings.

The Judgment Nisi proceedings will be docketed as a civil matter in the court that ordered the forfeiture and the defendant and his sureties shall be served with citation.

WARNING

The court directs parties to its webpage for certificates of service on pleadings and warns that failing to notify opposing counsel of a submitted matter may lead to sanctions and costs.

Please see Court Quirks on the 5064 District Court Webpage regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.

WARNING

Notices and other papers will not be served by physical mail, except for initial-setting notices in criminal cases and service to incarcerated parties.

No notices or other papers will be served by physical mail except for notices of initial setting in criminal cases, and to incarcerated parties.

WARNING

Failure to properly notify opposing counsel of a submitted matter may result in sanctions and costs against the offending party and counsel.

Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.

WARNING

The court directs parties to its webpages for certificates of service on pleadings and warns that failing to notify opposing counsel of a submitted matter may lead to sanctions and costs.

Please see Court Quirks on the 506* District Court and each County Court At Law's Webpage regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.

WARNING

Motions to withdraw may be noticed by submission with proper service on client and opposing counsel.

Motions to withdraw may be noticed by submission with proper service on client and opposing counsel.

WARNING

Failure to properly notify opposing counsel of a submitted matter may result in sanctions and costs against the offending party and counsel.

Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.

WARNING

The court directs filers to its Court Quirks webpage for service-certificate instructions and warns that failure to notify opposing counsel of a submitted matter may lead to sanctions and costs.

Please see Court Quirks on the 506" District Court Webpage regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.

WARNING

The court directs parties to its webpages for certificates of service on pleadings and warns that failing to notify opposing counsel of a submitted matter may lead to sanctions and costs.

Please see Court Quirks on the 506 District Court's and each County Court At Law's Webpage regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.

WARNING

The court directs filers to the Court Quirks webpages for service-certificate instructions and warns that failure to notify opposing counsel of a submitted matter may lead to sanctions and costs.

Please see Court Quirks on the 506' District Court and each County Court At Law's Webpage regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.

WARNING

Failure to properly notify opposing counsel of a submitted matter may result in sanctions and costs against the offending party and counsel.

Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.

WARNING

Absent those materials required to be sealed or redacted by law, all exhibits and evidence should be marked and exchanged before trial or the hearing, regardless of later admissibility.

Absent those materials required to be sealed or redacted by law, all exhibits and evidence should be marked and exchanged before trial or the hearing, regardless of later admissibility.

WARNINGCivil cases

The order becomes effective when a party receives notice, and a party deliberately avoiding notice or service is deemed aware of the order.

THIS STANDING ORDER OF WALLER COUNTY COURT AT LAW NO 1 REGARDING CHILDREN PROPERTY AND CONDUCT OF THE PARTIES" SHALL BECOME EFFECTIVE ON THE DATE AND TIME A PARTY RECIEVES NOTICE HEREOF. PARTIES SHOWN TO BE DELIBERATELY AVOIDING NOTICE OR SERVICE SHALL BE DEEMED AWARE OF THE CONTENTS OF THIS ORDER.

WARNING

Failure to properly notify opposing counsel of a submitted matter may result in sanctions and costs.

Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.

INFO

Process may be served anywhere by a sheriff, constable, or other person authorized by law; a person at least 18 authorized by law or court order; or a person certified under a Supreme Court order.

Process (including citation and other notices, writs, orders, and other papers issued by the court) may be served anywhere by (1) any sheriff or constable or other person authorized by law, (2) any person authorized by law or by written order of the court who is not less than eighteen years of age, or (3) any person certified under order of the Supreme Court.

INFO

Process may be served anywhere by the listed categories of authorized persons; the third category is incomplete in the provided text.

Process (including citation and other notices, writs, orders, and other papers issued by the court) may be served anywhere by (1) any sheriff or constable or other person authorized by law, (2) any person authorized by law or by written order of the court who is not less than eighteen years of age, or (3) any person certified under order of the