Willacy County Court Service and Proof of Service Rules

Before seeking a default when other parties are in the case, notice must be given to all of them; no hearing setting is required for a default requiring no record or proof.

(c) No setting is required for a hearing on a default requiring no record or proof; however, if there are any other parties to the case, notice to all such parties must be given before any attempt is made to approach the Court to obtain a default.

Counsel must serve copies of the proposed orders, decisions, and judgments on all counsel.

Counsel shall serve copies on all counsel.

Applies to

Temporary order

The party obtaining a temporary order must serve notice of the required hearing’s date and time with the order.

The party obtaining the temporary order must serve notice of the date and time of the required hearing with the temporary order.

Hearings require at least three days' notice, and a party may request a hearing on shorter notice only by filing an emergency-hearing motion that provides specific reasons.

(b) No hearing shall be set on less than three (3) days' notice, and no party shall request a hearing on less than three (3) days' notice unless that party has filed a motion for emergency hearing, and has provided specific reasons for same.

Testimony for a default requiring proof must be scheduled with the court coordinator, and all parties must receive notice.

(d) Testimony for defaults requiring proof shall be scheduled with the Court Coordinator of the Court in which the case is pending, and notice given to all parties.

If other parties indicate they want to be present at a default proceeding, they must be given the opportunity to be present, or a setting with at least three days' notice must be obtained.

If other parties indicate a desire to be present, they must be given the opportunity to or be present, or a setting with at least three (3) days' notice must be obtained.

For an emergency-hearing motion, counsel must promptly provide opposing counsel with the motion and written notice of the requested or awarded hearing date by a method likely to ensure receipt, and make a good-faith effort to confirm receipt.

If filing a motion requesting an emergency hearing, counsel must provide a copy of the motion and written notice of the requested and/or any awarded hearing date by hand-delivery, telefax, electronic transmission, or other similar means most likely to insure that opposing counsel receives that notice. Counsel seeking the emergency hearing must also make a good faith effort to contact all opposing counsel's offices to confirm that the opposing counsel has received the notice.

Counsel who request and receive notice of a hearing, pre-trial, or trial setting must immediately give written notice to all other parties and a copy to the clerk, unless the clerk has mailed the party a written order with the notice, in which case duplicative notice to the parties is excused.

(a) Counsel who request a hearing, pre-trial and/or trial date and who receives notice of same from the Court and/or the Court Coordinator shall have the duty to give all other parties in the case written notice immediately of such setting and to furnish a copy of such notice to the clerk of the Court in which the case is pending. If a party receives his copy of notice by written order mailed to parties from the clerk's office, the party is excused from providing duplicative notice to all parties.