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Court Rules

Wharton County District Court, Texas Service and Proof of Service Rules

11 rules from official source documents

E-service, mail, personal service, proof of service, certificate, and timing requirements.

Applies to
Trial setting request

A party is entitled to 45 days’ notice after service of a setting request and before jury docket call.

3.2.4 A party to a case is entitled to 45 days notice after service of a copy of a setting request before jury docket call for the case.

Court-level rulesOfficial source
Applies to
Trial setting notice

The party obtaining a trial setting must notify all parties or their attorneys in writing of the setting’s date and time.

3.2.4 A party to a case is entitled to 45 days notice after service of a copy of a setting request before jury docket call for the case. The Court, in its discretion, shall determine how many cases with the highest setting priority shall be placed on any particular call of the docket, and the party obtaining the setting shall notify all parties or their attorneys of record in writing as to the date and time of the setting.

Court-level rulesOfficial source
Applies to
Hearing notice

The party scheduling a hearing must serve proper hearing notice within the time and manner prescribed by the applicable procedural rule.

It shall be the duty of the party scheduling the hearing to serve or cause to be served the proper notice of the hearing within the time limits and in the manner prescribed by the Texas Rules of Civil Procedure or other applicable rule of law.

Court-level rulesOfficial source

A party obtaining a hearing setting must immediately notify all other parties, except in ex parte matters.

Any party obtaining a setting from the Court Coordinator must immediately notify all other parties (except for ex-parte matters).

Court-level rulesOfficial source

A case may be set for a final hearing after the respondent has been served, the citation return has been on file at least 10 days, and the respondent's answer date has passed.

The respondent has been served with citation, the citation return has been on file at least 10 days and respondent's answer date has passed;

Court-level rulesOfficial source

Proper notice of the hearing date must be sent before setting a contested hearing.

You have sent proper notice of the hearing date;

Court-level rulesOfficial source

Civil cases

1.1 IT IS ORDERED that the Department of Family and Protective Services (DFPS) attorney of record shall be added as a recipient of all lab test results. DFPS shall add attorney@co.wharton.tx.us to all lab test paperwork to identify the County Attorney's office of all results.

1.1 IT IS ORDERED that the Department of Family and Protective Services (DFPS) attorney of record shall be added as a recipient of all lab test results. DFPS shall add attorney@co.wharton.tx.us to all lab test paperwork to identify the County Attorney's office of all results.

Judge John C. Maher

Civil cases

DFPS must provide the listed records to the specified attorneys and representatives within five business days after receiving them from the provider, with parent therapist notes going to opposing counsel only upon court order.

1.2 Additionally, DFPS is ORDERED to provide the following documentation to all attorneys involved in this CPS case within five (5) business days of the receipt of the documentation from the provider. A. Urinalysis test results; B. Hair Follicle test results; C. Fingernail test results; D. Psychological reports; E. Home Studies; F. Provider Recommendations; G. Therapist's notes for each parent to the appropriate counsel of record for that parent, as well as, the children's ad litem and guardian ad litem. Upon order of the Court, DFPS shall provide the therapist notes to the opposing parent's counsel; H. Therapist's notes for children to all counsel of record.

Judge John C. Maher

Civil cases

DFPS must provide the records to attorneys within five business days after receipt.

2.3 Additionally, DFPS is ORDERED to provide these records to attorneys within five (5) business days of receipt.

Judge John C. Maher

Civil cases

DFPS must notify all attorneys at least seven days before moving the child from the current placement, unless the child is in danger.

3.1 DFPS is ORDERED to notify all attorneys a minimum of seven (7) days prior to DFPS moving the child from the current placement, unless the child is in danger.

Judge John C. Maher

Civil cases

If DFPS removes a child without advance notice because it believes the child is in danger, it must notify the attorneys within three hours of removal.

3.2 If DFPS feels the child is in danger and removes a child without the above notice, DFPS is ORDERED to notify the attorneys within three (3) hours of the removal from placement;

Judge John C. Maher
Common questions about Wharton County District Court, Texas service and proof of service rules

What rule applies to service for trial setting request in Wharton County District Court, Texas?

Details: timing: after service. A party is entitled to 45 days’ notice after service of a setting request and before jury docket call.

View ruleOfficial source Source: page 3, section 3.2 SETTINGS IN THE 329TH JUDICIAL DISTRICT COURT

What rule applies to service for trial setting notice in Wharton County District Court, Texas?

Details: recipient: all parties. The party obtaining a trial setting must notify all parties or their attorneys in writing of the setting’s date and time.

View ruleOfficial source Source: page 4, section 3.2 SETTINGS IN THE 329TH JUDICIAL DISTRICT COURT

What rule applies to service for hearing notice in Wharton County District Court, Texas?

The party scheduling a hearing must serve proper hearing notice within the time and manner prescribed by the applicable procedural rule.

View ruleOfficial source Source: page 4, section 3.3 MOTIONS AND SHORT HEARINGS - 329TH JUDICIAL DISTRICT COURT

What rule applies to serving all parties in Wharton County District Court, Texas?

Details: recipient: all parties. A party obtaining a hearing setting must immediately notify all other parties, except in ex parte matters.

View ruleOfficial source Source: page 5, section 3.4.2 Hearings

What service or proof of service rules apply in Wharton County District Court, Texas?

Wharton County District Court, Texas: A case may be set for a final hearing after the respondent has been served, the citation return has been on file at least 10 days, and the respondent's answer date has passed.

View ruleOfficial source Source: page 2, section DO NOT CALL TO SET YOUR CASE FOR FINAL HEARING UNTIL:

Judge John C. Maher: 1.1 IT IS ORDERED that the Department of Family and Protective Services (DFPS) attorney of record shall be added as a recipient of all lab test results. DFPS shall add attorney@co.wharton.tx.us to all lab test paperwork to identify the County Attorney's office of all results.

View ruleOfficial source Source: page 1, section 1. Lab Test Results

5 more rules answer this question.