Comal County District Courts Service and Proof of Service Rules

Deadline

2 business days

Applies to

Proposed charge of the court

In jury cases, each party must furnish its proposed Charge of the Court to the Court and opposing counsel two business days before jury selection, unless an order or written party agreement provides otherwise.

In all jury cases, each party shall furnish to the Court and counsel for all other parties that party's proposed Charge of the Court two (2) business days before jury selection unless otherwise provided by order of the Court or written agreement of the parties.

Applies to

Financial statement

At contested child-support or spousal-maintenance hearings, each party must provide opposing counsel any qualifying financial statements submitted in the prior two years as soon as practical and no later than docket call on the hearing day.

In all contested hearings involving child support or spousal maintenance, each party shall comply with Texas Family Code Chapter 154.063 and provide any financial statement(s) submitted within the last two years for the purpose of obtaining credit or a loan and present same to opposing counsel as soon as practical but no later than docket call the day of the hearing.

For a contested hearing involving property, each party must provide the other party a sworn Inventory and necessary Appraisements at least 30 days before the hearing.

Prior to any contested hearing involving property, each party shall provide to the other party a sworn Inventory and all necessary Appraisements at least thirty (30) days prior to the contested hearing.

A party with good cause to object to a setting must file and serve a written objection within five days of notice, or at least one day before a hearing requested on shorter notice, and include the conflict details and two alternate available dates.

If for good cause the opposing party cannot proceed to a hearing or final trial on the requested date, the party shall file and serve a written objection within five (5) days of receipt of notice of the setting, unless the hearing is requested within less than five (5) days, in which event, the written objection must be filed and served at least one (1) day prior to the hearing. The objection shall include the specific reason(s) for the conflict, including but not limited to the styles and cause numbers of any cases for which a court setting, mediation, deposition, or other matter is a reason for the conflict. In addition to providing the specific reason(s) for the conflict, the party objecting shall also provide two (2) alternate available dates obtained from the Court Administrator/Coordinator, on which they are available for the hearing or final trial. Failure to comply may waive the objection.

Deadline

24 hours

Parties must provide hearing exhibits to the opposing party at least 24 hours before the hearing.

The parties are ordered to provide any exhibits for the hearing to the opposing party at least 24 hours prior to the hearing.

Applies to

Financial statement

The parties must exchange with opposing counsel a financial statement substantially similar in form to Form 4.2 of the Texas Family Law Practice Manual.

The parties shall also exchange with opposing counsel a financial statement in a form substantially similar to Form 4.2 of the Texas Family Law Practice Manual.

For emergency or ex parte hearings, a party must give the opposing attorney or self-represented litigant prior notice after service so they have an opportunity to attend by an approved method.

No party shall attend or request a hearing in an emergency or ex parte without prior notice to the opposing attorney or Self-Represented Litigant ("SLR"), after service, to afford the opposing attorney/SLR the opportunity to attend the hearing either in person, by telephone or by Zoom, as approved by the Court.

The party responsible for preparing the judgment or order must provide opposing parties a copy of the proposal within 21 days of rendition or hearing.

The prevailing party or the party who is directed to or has agreed to prepare the judgment or order shall furnish all opposing parties with a copy of the proposed judgment or order within twenty-one (21) days from the date of rendition/hearing.

For a contested hearing involving division of the community estate, each party must provide the other party a proposed division identifying the property, debts, and values at least 30 days before the hearing.

Prior to any contested hearing involving division of the community estate, each party shall provide to the other party a proposed division of the estate setting out and identifying the property and debts to be divided and their values at least thirty (30) days prior to the contested hearing.