Washington County Justice of the Peace Courts Service and Proof of Service Rules

CRITICAL

A movant must deliver each pleading to every opposing party and the court in the manner and within the time required by the Texas Rules of Civil Procedure.

A movant shall deliver a copy of each pleading to any opposing party and to the court in the manner and within the time provided by the Texas Rules of Civil Procedure.

CRITICAL

If the stated requirements are not met, a motion to withdraw or substitute counsel must be presented at a hearing after notice to the client and all other parties.

If all requirements above 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

Applies to

Pretrial motion

Pretrial motions must be served on the County Attorney 21 days before any pretrial hearing.

Pretrial motions must be filed and served on the County Attorney twenty-one (21) days prior to any pretrial hearing.

CRITICAL

A copy of a transfer order must be delivered to each party or the party’s attorney of record.

An order transferring the case shall identify the court to which the case is being transferred and a copy of the order shall be delivered to each party or their attorney of record.

CRITICAL

The written objection basis must be provided to the Court and opposing party.

Parties objecting to a motion to retain shall provide the Court and the opposing party in writing the basis for any objection to the motion to retain within 3 days of service of a motion to retain.

CRITICAL

Applies to

Motion to withdraw

Service

Mail

A motion to withdraw may be heard when the defendant has notice to appear by certified mail, return receipt requested, or agrees in writing.

An attorney's motion to withdraw will be heard at any time when the defendant has had notice to appear or whenever the defendant agrees in writing. Adequate notice is by certified mail, return receipt requested.

CRITICAL

Before or when filing the return of service, the person making the return must also file an affidavit that they are not a party to and have no interest in the suit; the affidavit is part of the verified return.

Prior to, or in conjunction with the filing of return of service in any suit, the person 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 be part of the verified return required by Rule 107, Texas Rules of Civil Procedure

CRITICAL

A copy of a transfer order must be delivered to each party or the party's attorney of record.

In the instance that a case is transferred under Rule 4.2, of these rules, an order transferring the case shall identify the court to which the case is being transferred and a copy of the order shall be delivered to each party and/or their attorney of record.

WARNING

In Justice Court suits, parties must provide enough copies of petitions and accompanying filed documents for all parties being served.

In accordance with Part V of the Texas Rules of Civil Procedure (TCRP), parties in Justice Court suits are responsible for providing an adequate number of copies of petitions and accompanying documents filed with the court for all parties being served.

INFO

A person seeking court authorization to serve citations or notices may file a written affidavit application using the Court’s form or a similar suitable application, and the Court may authorize service upon approval.

A person wishing to be authorized by written order of the court to serve citations and other notices may file a written affidavit in application for authorization on a form supplied by the Court or a similar suitable application. Court may, upon approval of the application, authorize service by the applicant in appropriate suits pending in that Justice Court.