Waller County District Court Service and Proof of Service Rules

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Applies to

Petition

Each required nonpetitioner parent, managing conservator, or guardian must be served with citation and an opportunity to answer, or must sign and notarize a proper waiver after the petition is filed.

Any parent of the child whose parental rights have not been terminated, any managing conservator of the child, and any guardian of the child, who did not otherwise join as a verified petitioner in the petition, must be properly served with citation (and be given the appropriate time to answer), or alternatively must have signed a proper waiver (which must have been signed by such person(s) in front of a notary public and notarized on a date after the petition was filed).

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Applies to

Setting notice

After the Court Coordinator confirms a setting, the requesting attorney must give written notice to opposing counsel, any pro se parties, and the District Clerk, and provide a copy of the notice to the Court Coordinator.

Once a setting has been confirmed by the Court Coordinator, the requesting attorney is responsible for notifying opposing counsel, any pro se parties, and the District Clerk, in writing, to insure that all necessary persons have notice. Provide a copy of your written notice to the Court Coordinator.

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Criminal cases

Applies to

Application for bench warrant

A copy of the Application for Bench Warrant must be filed on opposing counsel in accordance with the applicable rules.

An Application for Bench Warrant is a pleading. As such a copy is to be filed on opposing counsel in accordance with the Rules.

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Criminal cases

Applies to

Delivery receipts

A party providing notice must file all appropriate delivery receipts to substantiate the notice.

If the party provides the notice, it is up to the party to file all the appropriate delivery receipts in order to substantiate the required notice.

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Criminal cases

Applies to

Statutory notice

Service

Court service

A party may request the Clerk to provide and file proof of statutory notice after paying the applicable fee.

Alternatively, and as stated above, the party may request the Clerk to provide the notice, and pay the appropriate fee for such notice. If that is done, the Clerk will provide the statutory notice, and file the proof of notice.

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Criminal cases

Applies to

Hearing notice

Reasonable notice of the hearing date must be given to every official, agency, or other entity named in the petition, regardless of who provides the notice.

As required by statute, whether notice is given by the party or through the District Clerk, reasonable notice of the hearing date must be given to each official, agency, or other entity named in the petition.

Checked against the court's document on Oct 5, 2026CRITICAL

Applies to

Default case

In a default case where the respondent was served but did not file a waiver, the case file must include proof of service of citation.

Proof of Service of Citation for a default (if Respondent was served and did not file a Waiver).

Checked against the court's document on Oct 5, 2026CRITICAL

Applies to

Petition for divorce

When the divorce involves an Attorney General case concerning the children, the Attorney General must receive a file-stamped copy of the petition as soon as it is filed.

If you have a case with the Attorney General concerning the child(ren) in this divorce, you must give their office a file-stamped copy of the Petition For Divorce as soon as you file it.

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Applies to

Waiver of citation

The respondent may waive issuance and service of process and agrees that the case may be considered without further notice if the court receives a signed divorce decree.

I hereby waive the issuance and service of process. I agree that the cause may be taken up and considered by the Court without further notice to me so long as the Court is presented with a Decree of Divorce which has been signed by me.

Checked against the court's document on Oct 5, 2026CRITICAL

Criminal cases

The applicant must provide copies of the application and all attachments to the principal’s attorney of record, if one is listed, and to the principal.

By my signature below I certify to the Court that I have provided a copy of this Application, and all attachments, to the principal’s attorney of record, if one is shown of record, and to the principal.

Checked against the court's document on Oct 5, 2026CRITICAL

Criminal cases

Applies to

Affidavit of surety to surrender

The Affidavit of Surety to Surrender must have a certificate of service attached.

The Certificate of Service attached to this Affidavit of Surety to Surrender has been provided as required by law.

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

Applies to

Summary judgment motion

Summary-judgment motions must be filed with the District Clerk and a copy provided to opposing counsel in accordance with the governing rules.

Motions for summary judgment shall be filed with the District Clerk with a copy to opposing counsel according to the Rules.

Checked against the court's document on Oct 5, 2026CRITICAL

A certificate of service is required on all pleadings, and failure to notify opposing counsel may result in sanctions and costs.

Please see Court Quirks on this Web site 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.

Checked against the court's document on Oct 5, 2026CRITICAL

Criminal cases

A surety must serve the District Attorney with any motion or application to surrender, and failure to provide notice or the required certificate may result in denial.

Sureties shall serve a copy of any motion or application to surrender on the District Attorney and shall include a certificate of service to the Court that such notice has been given. Failure to give notice or failure to provide a certificate of such notice will be grounds for denial of the request for surrender.

Checked against the court's document on Oct 5, 2026WARNING

Applies to

Setting request

A copy of the setting request must be delivered to all other attorneys and pro se parties in accordance with the rules.

I certify that a copy of this setting request has been delivered to all other attorneys & pro se parties in accordance with the Rules.

Checked against the court's document on Oct 5, 2026WARNING

Criminal cases

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

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

Checked against the court's document on Oct 5, 2026INFO

Criminal cases

Applies to

Statutory notice

Service

Court service

Having the District Clerk provide the statutory notices is the preferred and most efficient notice procedure.

For adequate notice, the preferred and most efficient procedure is to have the District Clerk provide the statutory notices.

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

Applies to

Petition notice list ?

The petitioner is responsible for identifying each such entity.

Summary: The petitioner must identify every official, agency, or other entity entitled to notice.

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

The State and Defense should become familiar with the need for defense disclosures to the State, as the Standard Discovery Order does cover that requirement.

Summary: The Standard Discovery Order requires defense disclosures to the State.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to

Original petition for divorce ?

Service

Court service to opposing party ?

Service of citation is not necessary at this time as Respondent is expected to file a proper waiver of service. In the event no waiver is filed Petitioner will request and pay for service of citation.

Summary: Service of citation is initially unnecessary because a waiver is expected, but if no waiver is filed, the petitioner must request and pay for citation service.

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

I further certify that I have provided a copy of this Application, and all attachments, to the Criminal District Attorney, in the manner as provided by Rule 21a, Texas Rules of Civil Procedure. A certificate of service to that effect is attached.

Summary: The applicant must provide the application and attachments to the Criminal District Attorney under Texas Rule of Civil Procedure 21a and attach a certificate of service.

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

Applies to

Certificate of service ?

Service

Court service ?

I certify that a true copy of the above Application To Surrender Principal, accompanied by Affidavit of Surety To Surrender, was served on the following in accordance with the Texas Rules of Civil Procedure on (date) __________________________.

Summary: A certificate of service must certify that a true copy of the application and surety affidavit was served in accordance with the Texas Rules of Civil Procedure and state the date of service.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

This Court requires a minimum 21-day notice on the submission, and requires that all affected tax entities and jurisdictions be noticed with the submission, specifically and by name and address. A statement that "all parties" or "all jurisdictions" have been notified is not sufficient and will not be honored by the Court.

Summary: Submission requires at least 21 days' notice to every affected tax entity and jurisdiction identified by name and address; a generic statement that all parties or jurisdictions were notified is insufficient.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

The party causing the Joinder shall serve a copy of this Order at the time of service.

Summary: The party causing joinder must serve a copy of the docket control order at the time of service.

Not confirmed. Read the court's wording below.WARNING?

Criminal cases

Applies to

Statutory notice ?

However, the party may provide notice to each of the entities listed in the petition by either certified mail-RRR, secure electronic mail, or fax transmission.

Summary: At the petitioner's option, notice may be sent to each listed entity by certified mail-RRR, secure email, or fax.