Webb County District Courts Service and Proof of Service Rules

CRITICALCriminal cases

Applies to

Court of appeals judgment and opinion

Service

Mail

I have been admonished that my attorney must mail a copy of the court of appeal's judgment and opinion to my last known address

I have been admonished that my attorney must mail a copy of the court of appeal's judgment and opinion to my last known address

CRITICALCivil cases

The notice of intent to use discovery affidavits under Texas Civil Practice and Remedies Code §18.001 must be served on the opposing party by the affidavit deadline.

______________ AFFIDAVIT DEADLINE. Notice of Intent to use Discovery Affidavits pursuant to §18.001 of the Texas Civil Practice & Remedies Code must be filed with the Clerk of the Court and served on the opposing party.

CRITICALCivil cases

Counter-affidavits under Texas Civil Practice and Remedies Code §18.001 must be served on the opposing party by the counter-affidavit deadline.

______________ COUNTER-AFFIDAVIT DEADLINE. Counter Affidavits pursuant to §18.001 pf the Texas Civil Practice & Remedies Code must be filed with the Clerk of the Court and served on the opposing party.

CRITICALCriminal cases

Service

Mail

The District or County Clerk must notify each defendant of arraignment by mail as soon as practicable after the court sets the hearing.

The District or the County Clerk shall notify each defendant of the arraignment in the defendant's criminal case by mail, as soon as practicable after the court sets the case for a hearing.

CRITICALCriminal cases

The District or County Clerk must notify the defendant’s attorney and surety or bail bond person of arraignment by fax, email, or regular mail.

The District or the County Clerk shall also notify the defendant's attorney, and surety or bail bond person of the arraignment by facsimile transmission, email or by regular mail.

CRITICALCriminal cases

If the defendant has no attorney, the bondsman must notify the defendant that courtroom attendance is required.

If a defendant does not have an attorney, the bondsman shall notify the defendant that his/her presence is required in the courtroom.

CRITICALCriminal cases

When a defendant is bonded out before arraignment, the bondsman and counsel of record must notify the defendant that he is required to appear.

If a defendant is bonded out before arraignment, the bondsman and counsel of record shall be responsible for notifying the defendant that he is required to appear.

CRITICALCriminal cases

When an attorney files a pleading or motion, the attorney must simultaneously deliver a copy to opposing counsel by hand, mail, email, or fax and include a certificate stating opposing counsel’s name and address and the delivery method.

(1) Service of Copy on Opposing Counsel. Whenever any attorney files any pleading or motion, he shall at the same time either hand deliver, mail, email or fax a copy to opposing counsel. The motion must be accompanied with a certificate stating the name, address, of opposing counsel and how it was delivered.

CRITICALCriminal cases

Counsel must send opposing counsel copies of all communications sent to the court.

Counsel shall send copies of all communications sent to the court to opposing counsel.

CRITICAL

The hearing-setting fiat must be served on all counsel at the same time and in the same manner as ... .

served on all counsel of same time and in same manner it is to the

CRITICAL

When an attorney files a pleading or motion, a copy must be delivered to opposing counsel at the same time; a motion must include a statement identifying opposing counsel and how the copy was delivered.

Whenever any attorney files any pleading or motion, shall at the same time hand deliver, mail, email or fax a copy to ng counsel. The motion must be accompanied with a status the name, of opposing and how it was delivered.

CRITICAL

Documentary exhibits must be exchanged before trial, except for rebuttal exhibits and exhibits whose use cannot be anticipated.

All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated.

CRITICALCivil cases

The listed temporary-orders financial documents must be exchanged before the hearing, unless the parties agree otherwise or good cause is shown and the court approves.

Unless otherwise agreed to by the parties, or for good cause and court approval, in any hearing for temporary orders in which child support or spousal support is an issue, the parties shall complete and exchange the following documents prior to the commencement of the hearing: 1. A sworn statement of the household usual and ordinary monthly income and expenses; and 2. Copies of that party’s federal income tax returns for the two calendar years preceding the filing of the Original Petition or Suit Affecting Parent- Child Relationship; and 3. All payroll statements, pay stubs, W2 forms and 1099 forms, and all supporting schedules, and any other document evidencing any and all of that party’s earning for the calendar year immediately prior to the filing of the Original Petition for Divorce or Suit Affecting Parent-Child Relationship for child support (SAPCR) and from January 1 of the current year through the date of the final hearing; and 4. Copies of any financial statements prepared for any financial institution for the years prior to the first hearing from January 1 of the current year through the date of the final hearing.

CRITICALCivil cases

In the specified family-law suits, each party must disclose certain information to the other party without waiting for a discovery request, including by making information in the party’s possession, custody, or control available for inspection and copying.

Without waiting for a discovery request, each party to a suit for divorce, annulment, or a suit in which child or spousal support is in issue or Suit Affecting Parent-Child Relationship, has a duty of disclosure of certain information to the other party. “Disclosure” includes providing for inspection and copying the information in the party’s “possession, custody or control,” as that phrase is defined in Rule 166b (2) (b) of the T.R.C.P. Different types of suits require disclosure of different information.

CRITICALCivil cases

When division of the marital estate is disputed, each party must exchange a final sworn inventory and appraisement at least 30 days before trial, unless waived in writing; the parties may agree to or request an earlier exchange date.

In a case where the division of the marital estate is in dispute, and unless waived by the parties in writing, each party shall exchange a final sworn inventory and appraisement, no later than thirty (30) days before the trial date. The parties may agree or request the Court for an earlier date to exchange inventories.

CRITICALCriminal cases

Service

Mail

The attorney must mail the court of appeals’ judgment and opinion to the defendant’s last known address.

I have been admonished that my attorney must mail a copy of the court of appeals' judgment and opinion to my last known address

CRITICALCivil cases

Exhibits and witness lists must be presented for inspection at the Final Pre-Trial Conference, and the list must be provided to opposing counsel at the Final Pre-Trial.

All Plaintiffs and Defendants Exhibits and Witness Lists must be presented for inspection at the Final Pre-Trial Conference and the list must be provided to opposing counsel at the Final Pre-Trial.

CRITICALCivil cases

In the specified suits, each party must disclose certain information to the other party without waiting for a discovery request, including providing information in their possession, custody, or control for inspection and copying.

Without waiting for a discovery request, each party to a suit for divorce, annulment, or a suit in which child or spousal support is in issue or Suit Affecting Parent-Child Relationship, has a duty of disclosure of certain information to the other party. “Disclosure” includes providing for inspection and copying the information in the party’s “possession, custody or control,” as that phrase is defined in Rule 166b (2) (b) of the T.R.C.P. Different types of suits require disclosure of different information.

CRITICALCriminal cases

If a defendant is released on bond before arraignment, the bondsman and counsel of record must notify the defendant that an appearance is required.

If a defendant is bonded out before arraignment, the bondsman and counsel of record shall be responsible for notifying the defendant that he is required to appear.

CRITICALCriminal cases

Service

Mail

The District or County Clerk must notify each defendant of the arraignment by mail as soon as practicable after the court sets the hearing.

The District or the County Clerk shall notify each defendant of the arraignment in the defendant's criminal case by mail, as soon as practicable after the court sets the case for a hearing.

CRITICALCriminal cases

The District or County Clerk must notify the defendant’s attorney and surety or bail bond person of the arraignment by fax, email, or regular mail.

The District or the County Clerk shall also notify the defendant's attorney, and surety or bail bond person of the arraignment by facsimile transmission, email or by regular mail.

CRITICALCriminal cases

If a defendant has no attorney, the bondsman must notify the defendant that courtroom attendance is required.

If a defendant does not have an attorney, the bondsman shall notify the defendant that his/her presence is required in the courtroom.

CRITICALCriminal cases

When an attorney files a pleading or motion, the attorney must simultaneously send a copy to opposing counsel by hand delivery, mail, email, or fax, and the motion must include a certificate identifying opposing counsel and the delivery method.

(1) Service of Copy on Opposing Counsel. Whenever any attorney files any pleading or motion, he shall at the same time either hand deliver, mail, email or fax a copy to opposing counsel. The motion must be accompanied with a certificate stating the name, address, of opposing counsel and how it was delivered.

CRITICALCriminal cases

Counsel must send opposing counsel copies of all communications sent to the court.

Counsel shall send copies of all communications sent to the court to opposing counsel.

CRITICALCriminal cases

Applies to

Court of appeals judgment and opinion copy

Service

Mail

The attorney must mail the court of appeals’ judgment and opinion to the defendant’s last known address.

I have been admonished that my attorney must mail a copy of the court of appeal's judgment and opinion to my last known address

CRITICALCivil cases

A proferring counsel must file and serve line and page designations for deposition testimony that will be offered at trial at least 1 week before the final pretrial conference.

A proferring counsel must file and serve line and page designations for deposition testimony that will be offered at trial at least 1 week before the final pretrial conference.

CRITICALCivil cases

Applies to

Motion to quash deposition

A motion to quash a deposition must be filed with the district clerk and served on opposing counsel or parties in accordance with Local Rule 3.24 and the Texas Rules of Civil Procedure.

The filing of a motion to quash a deposition with the district clerk and service on opposing counsel or parties shall be in accordance with Local Rule 3.24 and with Texas Rules of Civil Procedure.

CRITICALCivil cases

New parties must be joined and served by the date specified in the scheduling order.

1. New Parties shall be joined and served by this date.

CRITICALCivil cases

All parties must exchange Exhibit Lists and Witness Lists at the Final Pre-Trial Hearing.

All parties are required to exchange Exhibit Lists and Witness Lists at the Final Pre-Trial Hearing.

CRITICALCivil cases

All parties must make their exhibits available for inspection on the Final Pre-Trial Hearing date or another date upon reasonable notice and request.

All parties are required to make their exhibits available for inspection on the date of the Final Pre-Trial Hearing or on any other date upon reasonable notice and request.

CRITICALCivil cases

Applies to

Order and judgment

The order and judgment must be sent to opposing counsel for signature and approval as to form.

A. All Cases - The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.

CRITICALCivil cases

Applies to

Post divorce order

The prevailing party's attorney must provide a copy of the submitted post-divorce order to adverse counsel or the pro se party.

In all post divorce decree matters, ie., motions to modify, to enforce, etc., the prevailing party through their attorney shall submit the appropriate Orders as granted by the court, to the court, copy to adverse counsel, and/or pro se party, after which the court will process it for entry, as stated above.

CRITICALCivil cases

Each party must make its expected exhibits available for examination by opposing counsel.

each party will attach two lists of all exhibits expected to be offered and will make the exhibits available for examination by opposing counsel.

CRITICALCivil cases

Documentary exhibits must be exchanged before trial, except for rebuttal exhibits and exhibits whose use cannot be anticipated.

All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated.

CRITICALCivil cases

A party seeking authentication must give the offering counsel written notice within five days after the exhibit is listed and made available; otherwise, failure to object in writing before trial concedes authenticity.

A party requiring authentication of an exhibit must notify the offering counsel in writing within five (5) days after the exhibit is listed and made available; failure to object in advance of trial in writing concedes authenticity.

CRITICALCivil cases

Applies to

Discovery motion

A motion to quash a deposition must be filed with the district clerk and served on opposing counsel or parties in accordance with the referenced rules.

The filing of a motion to quash a deposition with the district clerk and service on opposing counsel or parties shall be in accordance with Local Rule 3.24 and with Texas Rules of Civil Procedure.

CRITICALCivil cases

All parties must exchange Exhibit Lists and Witness Lists at the Final Pre-Trial Hearing.

All parties are required to exchange Exhibit Lists and Witness Lists at the Final Pre-Trial Hearing.

CRITICALCivil cases

Applies to

Deposition designations

Counsel offering deposition testimony at trial must serve the page-and-line designations on the other parties as part of filing them.

A proferring counsel must file and serve line and page designations for deposition testimony that will be offered at trial at least 1 week before the final pretrial conference.

CRITICALCivil cases

Applies to

Request for ruling

An opposing attorney must then file and serve a request for ruling on any objection lodged to the deposition testimony and cross line and page designations at least 3 days before the final pretrial conference.

An opposing attorney must then file and serve a request for ruling on any objection lodged to the deposition testimony and cross line and page designations at least 3 days before the final pretrial conference.

CRITICALCivil cases

Applies to

Order and judgment

A. All Cases - The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.

A. All Cases - The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.

CRITICALCivil cases

Applies to

Post divorce decree order

The prevailing party through counsel must provide a copy of the submitted post-divorce-decree order to adverse counsel or the pro se party.

In all post divorce decree matters, ie., motions to modify, to enforce, etc., the prevailing party through their attorney shall submit the appropriate Orders as granted by the court, to the court, copy to adverse counsel, and/or pro se party, after which the court will process it for entry, as stated above.

CRITICAL

The request for a ruling must be served at least three days before the final pretrial conference.

An opposing attorney must then file and serve a request for ruling on any objection lodged to the deposition testimony and cross line and page designations at least 3 days before the final pretrial conference.

CRITICAL

A hearing fiat or order must be served on all counsel of record at the same time and in the same manner it is presented to the coordinator.

The fiat or order setting hearing must: 1. specifically identify the cause number; 2. contain the style or caption; 3. state the matter to be heard; 4. identify the party requesting the hearing; 5. leave blank spaces for the time, day, and month for the requested hearing; 6. provide a signature line for the coordinator or the judge; 7. estimate the total amount of in-court time necessary to dispose of the matter; and 8. be served on all counsel of record at the same time and in the same manner that it is presented to the coordinator.

CRITICAL

A motion to quash a deposition must be filed with the district clerk and served on opposing counsel or parties in accordance with Local Rule 3.24 and the Texas Rules of Civil Procedure.

1. The filing of a motion to quash a deposition with the district clerk and service on opposing counsel or parties shall be in accordance with Local Rule 3.24 and with Texas Rules of Civil Procedure.

CRITICAL

All parties must exchange Exhibit Lists and Witness Lists at the Final Pre-Trial Hearing.

All parties are required to exchange Exhibit Lists and Witness Lists at the Final Pre-Trial Hearing.

CRITICAL

Each attorney must provide the trial-exhibit list to the court and opposing counsel before trial.

Each attorney shall prepare a list of trial exhibits and provide the court and opposing counsel a copy of this list prior to trial.

CRITICAL

Proffering counsel must serve the deposition-testimony designations at least one week before the final pretrial conference.

A proffering counsel must file and serve line and page designations for deposition testimony that will be offered at trial at least 1 week before the final pretrial conference.

CRITICAL

The order and judgment must be forwarded to opposing counsel for signature and approval as to form within seven days.

The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.

CRITICAL

The prevailing party through counsel must provide a copy of the granted order to adverse counsel and/or the pro se party.

In all post divorce decree matters, ie., motions to modify, to enforce, etc., the prevailing party through their attorney shall submit the appropriate Orders as granted by the court, to the court, copy to adverse counsel, and/or pro se party, after which the court will process it for entry, as stated above.

CRITICAL

Parties must exchange the specified financial documents before the temporary-orders hearing, subject to the stated agreement or good-cause exception.

A. Temporary Orders. Unless otherwise agreed to by the parties, or for good cause and court approval, in any hearing for temporary orders in which child support or spousal support is an issue, the parties shall complete and exchange the following documents prior to the commencement of the hearing: 1. A sworn statement of the household usual and ordinary monthly income and expenses; 2. Copies of that party’s federal income tax returns for the two calendar years preceding the filing of the Original Petition or Suit Affecting Parent-Child Relationship; 3. All payroll statements, pay stubs, W2 forms and 1099 forms, and all supporting schedules, and any other document evidencing any and all of that party’s earning for the calendar year immediately prior to the filing of the Original Petition for Divorce or Suit Affecting Parent-Child Relationship for child support (SAPCR) and from January 1 of the current year through the date of the final hearing; and 4. Copies of any financial statements prepared for any financial institution for the years prior to the first hearing from January 1 of the current year through the date of the final hearing.

CRITICAL

In the specified family-law suits, each party must disclose certain information to the other party without waiting for a discovery request, including making information in their possession, custody, or control available for inspection and copying.

Without waiting for a discovery request, each party to a suit for divorce, annulment, or a suit in which child or spousal support is in issue or Suit Affecting Parent-Child Relationship, has a duty of disclosure of certain information to the other party. “Disclosure” includes providing for inspection and copying the information in the party’s “possession, custody or control,” as that phrase is defined in Rule 166b (2) (b) of the T.R.C.P. Different types of suits require disclosure of different information.

CRITICAL

A party must reasonably supplement or amend disclosure when they learn it was or has become incomplete or incorrect, no later than 30 days before the final hearing.

After disclosure is made pursuant to this rule, each party shall be under a duty to reasonably supplement or to amend the information it the party obtains information on the basis of which he or she knows that the information disclosed was either incomplete or incorrect when made, or is no longer complete or true. Each party shall reasonably supplement or amend the information no later than thirty (30) days prior to final hearing.

CRITICAL

When division of the marital estate is disputed, each party must exchange a final sworn inventory and appraisement at least 30 days before trial unless the parties waive the requirement in writing.

In a case where the division of the marital estate is in dispute, and unless waived by the parties in writing, each party shall exchange a final sworn inventory and appraisement, no later than thirty (30) days before the trial date.

CRITICAL

Applies to

Notice of arraignment

Service

Mail

A. Notification of Arraignment/Initial Appearance Date. The District or the County Clerk shall notify each defendant of the arraignment in the defendant's criminal case by mail, as soon as practicable after the court sets the case for a hearing. The District or the County Clerk shall also notify the defendant's attorney, and surety or bail bond person of the arraignment by

A. Notification of Arraignment/Initial Appearance Date. The District or the County Clerk shall notify each defendant of the arraignment in the defendant's criminal case by mail, as soon as practicable after the court sets the case for a hearing. The District or the County Clerk shall also notify the defendant's attorney, and surety or bail bond person of the arraignment by

CRITICAL

Defense counsel must give written notice to the district attorney and applicable clerk immediately upon employment or court appointment.

Immediately upon employment or upon court appointment the defense attorney shall give written notice to the district attorney and the district and/or county clerk stating the name of the accused, the date of and the offense(s) charged, tracking number, the unique case file and cause number, if known.

CRITICAL

When an attorney files a pleading or motion, the attorney must simultaneously deliver a copy to opposing counsel by hand, mail, email, or fax, and a motion must include a certificate identifying opposing counsel and the delivery method.

Whenever any attorney files any pleading or motion, he shall at the same time either hand deliver, mail, email or fax a copy to opposing counsel. The motion must be accompanied with a certificate stating the name, address, of opposing counsel and how it was delivered.

CRITICAL

Counsel must send opposing counsel copies of all communications sent to the court.

Counsel shall send copies of all communications sent to the court to opposing counsel.

CRITICAL

Documentary exhibits must be exchanged before trial, except rebuttal exhibits and exhibits whose use cannot be anticipated.

All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated.

CRITICAL

A party requiring authentication must notify offering counsel in writing within five days after the exhibit is listed and made available; otherwise, failure to object in writing before trial concedes authenticity.

b. A party requiring authentication of an exhibit must notify the offering counsel in writing within five (5) days after the exhibit is listed and made available; failure to object in advance of trial in writing concedes authenticity.

CRITICAL

As soon as additional trial witnesses become known, their names, addresses, and testimony subject matter must be reported to opposing counsel in writing, except for rebuttal or impeachment witnesses.

“If other witnesses to be called at the trial become known, their names, addresses and subject matter of their testimony will be reported to opposing counsel in writing as soon as they are known; this does not apply to rebuttal or impeachment witnesses.”

CRITICAL

Deadline

10 business days

Documentary exhibits must be exchanged at least ten business days before the final pre-trial hearing, except for rebuttal exhibits or exhibits whose use cannot be anticipated.

b. All documentary exhibits must be exchanged at least ten business days before the final pre-trial hearing, except for rebuttal exhibits or those whose use cannot be anticipated.

CRITICALCriminal cases

The clerk must notify the defendant's attorney and surety or bail bond person of the arraignment by fax, email, or regular mail.

The District or the County Clerk shall also notify the defendant's attorney, and surety or bail bond person of the arraignment by facsimile transmission, email or by regular mail.

CRITICALCriminal cases

Service

Mail

The clerk must notify each defendant of the arraignment by mail as soon as practicable after the hearing is set.

The District or the County Clerk shall notify each defendant of the arraignment in the defendant's criminal case by mail, as soon as practicable after the court sets the case for a hearing.

CRITICALCriminal cases

When an attorney files a pleading or motion, a copy must be sent to opposing counsel at the same time by hand delivery, mail, email, or fax, and a motion must include a certificate identifying opposing counsel and the delivery method.

(1) Service of Copy on Opposing Counsel. Whenever any attorney files any pleading or motion, he shall at the same time either hand deliver, mail, email or fax a copy to opposing counsel. The motion must be accompanied with a certificate stating the name, address, of opposing counsel and how it was delivered.

CRITICALCriminal cases

Counsel must send opposing counsel copies of all communications sent to the court.

Counsel shall send copies of all communications sent to the court to opposing counsel.

CRITICALCivil cases

For temporary-order hearings involving child or spousal support, parties must exchange the listed financial documents before the hearing, unless they agree otherwise or good cause is shown and the court approves.

Unless otherwise agreed to by the parties, or for good cause and court approval, in any hearing for temporary orders in which child support or spousal support is an issue, the parties shall complete and exchange the following documents prior to the commencement of the hearing: 1. A sworn statement of the household usual and ordinary monthly income and expenses; and 2. Copies of that party’s federal income tax returns for the two calendar years preceding the filing of the Original Petition or Suit Affecting Parent- Child Relationship; and 3. All payroll statements, pay stubs, W2 forms and 1099 forms, and all supporting schedules, and any other document evidencing any and all of that party’s earning for the calendar year immediately prior to the filing of the Original Petition for Divorce or Suit Affecting Parent-Child Relationship for child support (SAPCR) and from January 1 of the current year through the date of the final hearing; and 4. Copies of any financial statements prepared for any financial institution for the years prior to the first hearing from January 1 of the current year through the date of the final hearing.

CRITICALCivil cases

After disclosure, each party must reasonably supplement or amend information known to be incomplete, incorrect, or no longer true, no later than 30 days before the final hearing.

After disclosure is made pursuant to this rule, each party shall be under a duty to reasonably supplement or to amend the information it the party obtains information on the basis of which he or she knows that the information disclosed was either incomplete or incorrect when made, or is no longer complete or true. Each party shall reasonably supplement or amend the information no later than thirty (30) days prior to final hearing.

CRITICAL

A motion to quash a deposition must be filed with the district clerk and served on opposing counsel or parties in accordance with Local Rule 3.24 and the Texas Rules of Civil Procedure.

1. The filing of a motion to quash a deposition with the district clerk and service on opposing counsel or parties shall be in accordance with Local Rule 3.24 and with Texas Rules of Civil Procedure.

CRITICAL

All parties must exchange Exhibit Lists and Witness Lists at the Final Pre-Trial Hearing.

All parties are required to exchange Exhibit Lists and Witness Lists at the Final Pre-Trial Hearing.

CRITICAL

Each attorney must provide the trial-exhibit list to the court and opposing counsel before trial.

Each attorney shall prepare a list of trial exhibits and provide the court and opposing counsel a copy of this list prior to trial.

CRITICAL

Proffering counsel must serve the deposition-testimony designations at least one week before the final pretrial conference.

A proffering counsel must file and serve line and page designations for deposition testimony that will be offered at trial at least 1 week before the final pretrial conference.

CRITICAL

The order and judgment must be forwarded to opposing counsel for signature and approval as to form within seven days.

The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.

CRITICAL

The prevailing party through counsel must provide a copy of the granted order to adverse counsel and/or the pro se party.

In all post divorce decree matters, ie., motions to modify, to enforce, etc., the prevailing party through their attorney shall submit the appropriate Orders as granted by the court, to the court, copy to adverse counsel, and/or pro se party, after which the court will process it for entry, as stated above.

CRITICAL

Parties must exchange the specified financial documents before the temporary-orders hearing, subject to the stated agreement or good-cause exception.

A. Temporary Orders. Unless otherwise agreed to by the parties, or for good cause and court approval, in any hearing for temporary orders in which child support or spousal support is an issue, the parties shall complete and exchange the following documents prior to the commencement of the hearing: 1. A sworn statement of the household usual and ordinary monthly income and expenses; 2. Copies of that party’s federal income tax returns for the two calendar years preceding the filing of the Original Petition or Suit Affecting Parent-Child Relationship; 3. All payroll statements, pay stubs, W2 forms and 1099 forms, and all supporting schedules, and any other document evidencing any and all of that party’s earning for the calendar year immediately prior to the filing of the Original Petition for Divorce or Suit Affecting Parent-Child Relationship for child support (SAPCR) and from January 1 of the current year through the date of the final hearing; and 4. Copies of any financial statements prepared for any financial institution for the years prior to the first hearing from January 1 of the current year through the date of the final hearing.

CRITICAL

In the specified family-law suits, each party must disclose certain information to the other party without waiting for a discovery request, including making information in their possession, custody, or control available for inspection and copying.

Without waiting for a discovery request, each party to a suit for divorce, annulment, or a suit in which child or spousal support is in issue or Suit Affecting Parent-Child Relationship, has a duty of disclosure of certain information to the other party. “Disclosure” includes providing for inspection and copying the information in the party’s “possession, custody or control,” as that phrase is defined in Rule 166b (2) (b) of the T.R.C.P. Different types of suits require disclosure of different information.

CRITICAL

A party must reasonably supplement or amend disclosure when they learn it was or has become incomplete or incorrect, no later than 30 days before the final hearing.

After disclosure is made pursuant to this rule, each party shall be under a duty to reasonably supplement or to amend the information it the party obtains information on the basis of which he or she knows that the information disclosed was either incomplete or incorrect when made, or is no longer complete or true. Each party shall reasonably supplement or amend the information no later than thirty (30) days prior to final hearing.

CRITICAL

When division of the marital estate is disputed, each party must exchange a final sworn inventory and appraisement at least 30 days before trial unless the parties waive the requirement in writing.

In a case where the division of the marital estate is in dispute, and unless waived by the parties in writing, each party shall exchange a final sworn inventory and appraisement, no later than thirty (30) days before the trial date.

CRITICAL

Applies to

Notice of arraignment

Service

Mail

A. Notification of Arraignment/Initial Appearance Date. The District or the County Clerk shall notify each defendant of the arraignment in the defendant's criminal case by mail, as soon as practicable after the court sets the case for a hearing. The District or the County Clerk shall also notify the defendant's attorney, and surety or bail bond person of the arraignment by

A. Notification of Arraignment/Initial Appearance Date. The District or the County Clerk shall notify each defendant of the arraignment in the defendant's criminal case by mail, as soon as practicable after the court sets the case for a hearing. The District or the County Clerk shall also notify the defendant's attorney, and surety or bail bond person of the arraignment by

CRITICAL

Defense counsel must give written notice to the district attorney and applicable clerk immediately upon employment or court appointment.

Immediately upon employment or upon court appointment the defense attorney shall give written notice to the district attorney and the district and/or county clerk stating the name of the accused, the date of and the offense(s) charged, tracking number, the unique case file and cause number, if known.

CRITICAL

When an attorney files a pleading or motion, the attorney must simultaneously deliver a copy to opposing counsel by hand, mail, email, or fax, and a motion must include a certificate identifying opposing counsel and the delivery method.

Whenever any attorney files any pleading or motion, he shall at the same time either hand deliver, mail, email or fax a copy to opposing counsel. The motion must be accompanied with a certificate stating the name, address, of opposing counsel and how it was delivered.

CRITICAL

Counsel must send opposing counsel copies of all communications sent to the court.

Counsel shall send copies of all communications sent to the court to opposing counsel.

CRITICAL

Documentary exhibits must be exchanged before trial, except rebuttal exhibits and exhibits whose use cannot be anticipated.

All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated.

CRITICAL

A party requiring authentication must notify offering counsel in writing within five days after the exhibit is listed and made available; otherwise, failure to object in writing before trial concedes authenticity.

b. A party requiring authentication of an exhibit must notify the offering counsel in writing within five (5) days after the exhibit is listed and made available; failure to object in advance of trial in writing concedes authenticity.

CRITICAL

As soon as additional trial witnesses become known, their names, addresses, and testimony subject matter must be reported to opposing counsel in writing, except for rebuttal or impeachment witnesses.

“If other witnesses to be called at the trial become known, their names, addresses and subject matter of their testimony will be reported to opposing counsel in writing as soon as they are known; this does not apply to rebuttal or impeachment witnesses.”

WARNING

A party objecting to an exhibit's authenticity must notify counsel in writing within five days after the exhibit is listed and made available; failure to object before trial concedes authenticity.

b. A party authentication of an exhibit must notify the counsel in writing within five (5) days after the exhibit is listed and made available; failure to object in advance of trial in concedes authenticity.