Willacy County District Court Service and Proof of Service Rules

Counsel requesting an emergency hearing must promptly convey the motion and written notice of the requested or awarded hearing date to opposing counsel by a method most likely to ensure receipt, and must make a good-faith effort to confirm receipt with opposing counsel's offices.

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.

Applies to

Dismissal notice

Service

Mail to all parties

Subject to other provision of these rules the clerk shall mail a written notice of such dismissal to all parties or their counsel of record.

Subject to other provision of these rules the clerk shall mail a written notice of such dismissal to all parties or their counsel of record.

Counsel who request a hearing, pre-trial, or trial date and receive notice must immediately give written notice of the setting to all other parties and provide a copy to the clerk, unless the clerk mailed the party a written order giving notice.

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.

If other parties want to be present at a default proceeding, they must be given the opportunity to attend 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.

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

Counsel shall serve copies on all counsel.

A default hearing requiring no record or proof does not require a setting, but if other parties are in the case, they must be notified before anyone approaches the Court to obtain the default.

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.

Applies to

Notice of hearing

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.

A hearing may not be set or requested on less than three days' notice unless the party files an emergency-hearing motion and 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.