Harris County District Courts Service and Proof of Service Rules

CRITICAL

Applies to

Notice of submission

Notice of submission setting must be served at least 10 days before the date of the hearing, or more if required by statute or rule.

Notice of submission setting must be served at least 10 days before the date of the hearing, or more if required by statute or rule.

CRITICAL

Deadline

1 business days

For every setting, parties must exchange exhibits and send them to the Court by 2:00 p.m. on the business day before the hearing; late exchange may result in exclusion.

For all settings, exhibits must be exchanged by the parties and sent to the Court by 2:00 p.m. the business day before the hearing. Failure to timely exchange exhibits may result in the exclusion of those exhibits.

CRITICAL

Applies to

Response

Responses must be served at least 3 days before the submission date, or earlier if required by statute or rule.

Must be filed and served at least 3 days before the submission date, or earlier if required by statute or rule.

CRITICALCivil cases

Notice of oral hearing must be served on all counsel and self-represented parties.

Once the clerk assigns a hearing date the party requesting the hearing must file a notice of oral hearing and serve it on all counsel and self-represented parties.

CRITICAL

Self-represented litigants must serve a copy of every pleading filed with the court on the opposing attorney or party.

You must send a copy of every pleading you file with the court to the opposing attorney, or party (if they do not have an attorney).

CRITICAL

In divorce, annulment, and child- or spousal-support suits, each party must disclose specified information to the other party without waiting for a discovery request; disclosure includes making information in the party’s possession, custody, or control available for inspection and copying.

4.4 Duty of Disclosure. 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, 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

Deadline

1 business days

Parties must exchange exhibits and send them to the Court by 2:00 p.m. on the business day before the hearing; untimely exhibits may be excluded.

For all settings, exhibits must be exchanged by the parties and sent to the Court by 2:00 p.m. the business day before the hearing. Failure to timely exchange exhibits may result in the exclusion of those exhibits.

CRITICAL

If a respondent has not appeared, a case may be dismissed unless a return of service or properly executed waiver is on file before the dismissal date.

If a respondent has not appeared, a case may be dismissed unless a return of service or a properly executed waiver is on file before the dismissal date.

CRITICAL

After making disclosure, a party must reasonably supplement or amend it upon obtaining information showing that it was incomplete or incorrect when made or is no longer complete or true.

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.

CRITICAL

Applies to

Scheduling order

When a Scheduling Order has issued in a pending case, the Petitioner or Movant's attorney of record must provide a copy to each pro se party who has made or makes a general appearance.

Notwithstanding the foregoing, it shall also be the duty of the Petitioner or Movant's attorney of record in a pending case in which a Scheduling Order has issued to provide a copy of the Scheduling Order to any pro se party who has made or makes a general appearance in the pending case.

CRITICAL

The specified final inventory, financial information, suggested child-support findings, and proposed property division must be exchanged no later than ten days before trial and filed before trial begins.

A party's final Inventory, Financial Information Statement and financial information required under the Tex. Fam. Code including, but not limited to, the party's income tax returns for the past two years and the party's two most recent payroll stubs, as well as suggested findings regarding child support and a proposed division of property shall be exchanged no later than ten (10) days before trial, and shall be filed before the commencement of trial.

CRITICAL

Responses must be served at least 3 days before submission, or earlier if statute or rule requires it.

Must be filed and served at least 3 days before the submission date, or earlier if required by statute or rule.

CRITICAL

In a child- or spousal-support suit, each party must provide the other party insurance information and specified financial documents, except that the financial information need not be provided again if previously exchanged in connection with a temporary hearing.

4.4.2 Disclosure in Suit in which Child or Spousal Support is in Issue. Each party to a suit in which child support or spousal support is in issue shall, without waiting for a discovery request, provide to the other party the following information: 1) all policies, statements, and description of benefits which reflect any and all medical and health insurance coverage that is or would be available for the child or the spouse; 2) Unless the information has previously been exchanged in connection with a temporary hearing (Rule 4.1), a Financial Information Statement for the party, together with that party's previous two years income tax returns and two most recent payroll check stubs, or, if no payroll check stubs are available, the party's latest Form MT-2.

CRITICAL

Before a temporary-orders hearing involving child or spousal support, parties must complete and exchange Financial Information Statements, the prior two years of tax returns, and the two most recent payroll stubs.

In any hearing for temporary orders in which child support or spousal support is an issue, completion and exchange of Financial Information Statements, copies of income tax returns for the past two years, and the two most recent payroll stubs are required prior to the commencement of the hearing.

CRITICAL

Notice of submission setting must be served at least 10 days before the date of the hearing, or more if required by statute or rule.

Notice of submission setting must be served at least 10 days before the date of the hearing, or more if required by statute or rule.

CRITICAL

Applies to

Proposed judgment or order

The party directed to prepare a judgment or order must provide all opposing parties a copy of the proposed document at least five days before the entry date.

The party who is directed to prepare the judgment or order shall furnish all opposing parties with a copy of the proposed judgment or order at least five (5) days prior to entry date.

CRITICAL

In a divorce or annulment suit, each party must provide the other party specified property-related documents and account statements without waiting for a discovery request.

4.4.1 Disclosure in Suit for Divorce or Annulment. Each party to a suit for divorce or annulment shall, without waiting for a discovery request, provide to the other party the following information about property in which the party claims an interest: 1) all documents pertaining to real estate; 2) all documents pertaining to any pension, retirement, profit-sharing, or other employee benefit plan, together with the most recent account statement for any plan; 3) all documents pertaining to any life, casualty, liability, and health insurance; 4) the most recent account statement pertaining to any account located with any financial institution including, but not limited to, banks, savings & loans, credit unions, and brokerage firms.

CRITICAL

Required disclosures must be furnished to the opposing party’s attorney of record or, if the opposing party is pro se, directly to the opposing party at the party’s address.

The disclosures required under this rule shall be made by furnishing the information to the opposing party's attorney of record or, if the opposing party is pro se, by furnishing the disclosures to the opposing party at the party's address.

CRITICAL

Responses must be served at least 3 days before the submission date, or earlier if required by statute or rule.

Must be filed and served at least 3 days before the submission date, or earlier if required by statute or rule.

CRITICAL

For all settings, parties must exchange exhibits and send them to the Court by 2:00 p.m. on the business day before the hearing; late exchange may result in exclusion.

For all settings, exhibits must be exchanged by the parties and sent to the Court by 2:00 p.m. the business day before the hearing. Failure to timely exchange exhibits may result in the exclusion of those exhibits.

CRITICAL

Notice of submission setting must be served at least 10 days before the date of the hearing, or more if required by statute or rule.

Notice of submission setting must be served at least 10 days before the date of the hearing, or more if required by statute or rule.

CRITICALCivil cases

The party requesting an oral hearing must file and serve a notice of oral hearing on all counsel and self-represented parties.

The party requesting the hearing must file a notice of oral hearing and serve it on all counsel and self-represented parties.

CRITICALCivil cases

Service

Electronic service to all parties

After approval, the original filing party must give notice of the hearing to all parties.

Once your request has been approved by the court clerk, they will contact the original filing party with a hearing date, and that party must give notice to all parties of the hearing.

CRITICAL

Applies to

Motion

The movant must serve all defaulting parties with the motion, proposed judgment, and notice of the hearing/submission pursuant to TRCP 21(a).

Movant must serve all defaulting parties with the motion, proposed judgment, and notice of the hearing/submission pursuant to TRCP 21(a).

CRITICALCivil cases

Deposition excerpts must be provided to opposing counsel the week before trial.

Deposition excerpts must be provided to opposing counsel the week before trial.

CRITICAL

All parties must be served before a temporary injunction hearing proceeds.

All parties need to be served to go forward with the TI.

CRITICAL

Applies to

Default judgment

The Court will not hear default motions lacking a green card on file, proof of service of the notice of hearing, or the returned mail envelope or an approved substitution.

The court will NOT hear any default motions that does not have a green card on file, have proof of service of the notice of hearing, or have the returned mail envelope or any approved substitution.

CRITICALCivil cases

For default judgments seeking foreclosure of a lien on real property, notice of the hearing must be sent to the defaulting party (per Rule 21a) and to any mortgage company holding a lien.

Notice of the hearing for default judgment must be sent to the defaulting party after service of citation pursuant to Rule 21a of the Texas Rules of Civil Procedure and - If there is a mortgage company that also holds a lien on the subject property, notice of the hearing for default judgment must be sent to the mortgage company.

CRITICALCivil cases

If an emergency hearing is granted, the movant must give proper notice to all parties.

If an emergency hearing is granted, the movant is responsible for providing proper notice of the hearing to all parties.

CRITICALCivil cases

Applies to

Notice of oral hearing

After obtaining a hearing date through the e-Hearing system, file a notice of oral hearing and serve all counsel and self-represented litigants.

Once you obtain a hearing date from the e-Hearing system, file a notice of oral hearing and serve it on all counsels and/or pro se litigants.

CRITICALCivil cases

Before docket call, parties must exchange proposed jury charges, motions in limine, exhibit lists and exhibits, party/attorney lists, witness lists, and deposition excerpts.

This court requires the parties to actually exchange proposed jury charges, motions in limine, exhibit lists, actual exhibits, party/attorney lists, witness lists, and deposition excerpts BEFORE the docket call, which is usually conducted by the coordinator via email the Friday that is 10 days before the beginning of the two-week trial docket.

CRITICALCivil cases

Service

Mail to all parties

The movant must give defaulting parties and other appearing parties 10 days’ notice of the hearing and motion by regular and certified mail, and certify service.

The Court requires the movant to provide defaulting parties, as well as any other parties who have appeared in the case, with 10 days’ notice of the hearing and the default motion. Notice must be sent via regular and certified mail, and the movant must certify this action in a certificate of service.

CRITICALCivil cases

Most oral hearings require 10 days’ notice to opposing counsel unless all parties agree to shorten the notice period.

For most motions, the court requires 10 days’ notice to opposing counsel for an oral hearing, unless shortened by agreement of all parties.

CRITICALCivil cases

The movant must give proper written hearing notice to the Court and all parties and timely advise opposing counsel if passing the hearing.

It is the movant’s responsibility to provide proper written notice of the hearing to the Court and to all parties. It is also the movant’s responsibility to timely advise opposing counsel if he/she is passing the hearing.

CRITICAL

Notice of a submission setting must be served at least 10 days before the hearing, or earlier when a statute or rule requires more notice.

Notice of submission setting must be served at least 10 days before the date of the hearing, or more if required by statute or rule.

CRITICAL

Responses must be served at least 3 days before the submission date, or earlier if required by statute or rule.

Must be filed and served at least 3 days before the submission date, or earlier if required by statute or rule.

CRITICAL

Deadline

1 business days

Exhibits must be exchanged by the parties by 2:00 p.m. on the business day before the hearing.

For all settings, exhibits must be exchanged by the parties and sent to the Court by 2:00 p.m. the business day before the hearing.

CRITICAL

Applies to

Notice of submission

Notice of submission setting must be served at least 10 days before the date of the hearing, or more if required by statute or rule.

Notice of submission setting must be served at least 10 days before the date of the hearing, or more if required by statute or rule.

CRITICAL

Deadline

1 business days

For every setting, parties must exchange exhibits by 2:00 p.m. on the business day before the hearing; late-exchanged exhibits may be excluded.

For all settings, exhibits must be exchanged by the parties and sent to the Court by 2:00 p.m. the business day before the hearing. Failure to timely exchange exhibits may result in the exclusion of those exhibits.

CRITICAL

Applies to

Opposition

Responses must be served at least 3 days before the submission date, or earlier if required by statute or rule.

Must be filed and served at least 3 days before the submission date, or earlier if required by statute or rule.

CRITICAL

Applies to

Notice of hearing

After obtain a hearing date, a notice of oral hearing must be filed and served, providing five written days' notice, or the hearing will be passed.

Once you call the Clerk and obtain a hearing date, please file a notice of oral hearing and serve it on all parties. The Court requires at least five (5) days written notice to all parties, unless otherwise shortened by the Court, agreed to by all parties, or the Texas Rules of Civil Procedure require different deadlines. The failure to file a notice of hearing will result in the Court passing the hearing.

CRITICAL

Applies to

Pleading

Pro se litigants must send a copy of every pleading filed with the court to the opposing party or their attorney.

You must send a copy of every pleading you file with the court to the opposing attorney, or party (if they do not have an attorney).

CRITICAL

Service

Mail to all parties

In a default judgment, the movant must give the defaulting party and other appearing parties 10 days’ notice by regular and certified mail and must file a certificate of service.

The Court requires the movant to give the defaulting parties (as well as any other parties who may have made an appearance in the case) 10 days’ notice of the hearing and of the default motion by regular and certified mail, and to certify that this has been done in a certificate of service.

CRITICALCourt notice

Applies to

Pleading

A copy of every pleading filed with the court must be sent to the opposing attorney or party.

You must send a copy of every pleading you file with the court to the opposing attorney, or party (if they do not have an attorney).

CRITICAL

Responses must be served at least 3 days before the submission date, or earlier if required by statute or rule.

Must be filed and served at least 3 days before the submission date, or earlier if required by statute or rule.

CRITICAL

For all settings, parties must exchange exhibits and send them to the Court by 2:00 p.m. on the business day before the hearing; late exchange may result in exclusion.

For all settings, exhibits must be exchanged by the parties and sent to the Court by 2:00 p.m. the business day before the hearing. Failure to timely exchange exhibits may result in the exclusion of those exhibits.

CRITICAL

Applies to

Notice of submission

Notice of submission setting must be served at least 10 days before the date of the hearing, or more if required by statute or rule.

Notice of submission setting must be served at least 10 days before the date of the hearing, or more if required by statute or rule.

CRITICALCivil cases

At least five days written notice of a hearing must be given to all parties, subject to exceptions.

The Court requires at least five (5) days written notice (usually the Wednesday before the Monday hearing) to all parties, unless otherwise shortened by the Court, agreed to by all parties or the Texas Rules of Civil Procedure require different deadlines.

CRITICALCivil cases

Deadline

10 calendar days

The movant must give defaulting parties and all other parties who appeared 10 days’ notice of the hearing and motion.

The Court requires the movant to provide defaulting parties, as well as any other parties who have appeared in the case, with 10 days’ notice of the hearing and the default motion.

CRITICALCivil cases

Applies to

Notice of Oral Hearing

After a hearing date is assigned, the requesting party must file and serve a Notice of Oral Hearing on all counsel and self-represented litigants.

Once a hearing date is assigned, the requesting party must file a Notice of Oral Hearing and serve it on all counsel and self-represented litigants.

CRITICALCivil cases

When courtesy materials are delivered, provide all parties written notice identifying the documents delivered.

Written notice must also be provided to all parties identifying the specific documents delivered to the Court.

CRITICALCivil cases

Service

Mail

Send the default hearing and motion notice by regular and certified mail and certify service.

Notice must be sent via regular and certified mail, and the movant must certify this action in a certificate of service.

CRITICALCivil cases

After the Clerk provides a hearing date, the requesting party must notify all parties of the hearing.

The Clerk will provide a hearing date, and the requesting party must give notice of the hearing to all parties.

CRITICALCivil cases

If a courtesy copy is marked or highlighted, the submitting party must give all other parties an identical copy.

If a courtesy copy contains highlighting or other markings, the submitting party must provide all other parties with an identical copy of what was provided to the Court.

CRITICALCivil cases

If a hearing is passed, counsel must promptly notify the Clerk at 832-927-3795 and all parties.

If a hearing is passed, counsel must promptly notify the Clerk at 832-927-3795 and all parties.

CRITICALCivil cases

The requesting party must serve the Notice of Oral Hearing on all counsel and self-represented litigants after a hearing date is assigned.

Once a hearing date is assigned, the requesting party must file a Notice of Oral Hearing and serve it on all counsel and self-represented litigants.

CRITICALCivil cases

A Notice of Submission must be served on all counsel and self-represented parties when setting a matter on the submission docket.

A party setting a matter on the submission docket shall file a Notice of Submission identifying the exact title of each motion and serve all counsel and self-represented parties.

CRITICALCivil cases

Service

Mail to opposing party

The movant must give defaulting parties and other appearing parties 10 days’ notice of the hearing and motion by regular and certified mail, and certify service.

The Court requires the movant to provide defaulting parties, as well as any other parties who have appeared in the case, with 10 days’ notice of the hearing and the default motion. Notice must be sent via regular and certified mail, and the movant must certify this action in a certificate of service.

CRITICALCivil cases

The parties must receive written notice identifying the specific documents delivered to the Court as courtesy copies.

Written notice must also be provided to all parties identifying the specific documents delivered to the Court.

CRITICALCivil cases

Counsel must retain a personal copy of the exhibits and provide copies to opposing counsel and the Court.

Counsel shall retain a copy for personal use and must provide copies of their exhibits to opposing counsel and to the Court.

CRITICALCivil cases

After the Clerk provides a hearing date, the requesting party must give all parties notice of the hearing.

The Clerk will provide a hearing date, and the requesting party must give notice of the hearing to all parties.

CRITICALCivil cases

If a courtesy copy is highlighted or otherwise marked, the submitting party must provide all other parties an identical copy.

If a courtesy copy contains highlighting or other markings, the submitting party must provide all other parties with an identical copy of what was provided to the Court.

CRITICAL

Applies to

Pleading

Every pleading filed must be served on the opposing attorney or party.

You must send a copy of every pleading you file with the court to the opposing attorney, or party (if they do not have an attorney).

CRITICALCivil cases

Applies to

Motion in limine

Parties must exchange specified documents at least one day before the pretrial hearing.

Exchange: Motions in Limine, Witness Lists, Exhibit Lists, Deposition Excerpts, and any Objections thereto at least one day prior to the pretrial hearing.

CRITICALCivil cases

Applies to

Notice of hearing

After a hearing date is assigned, the requesting party must file and serve a notice of oral hearing stating the exact title of the motion(s).

Once the clerk assigns a hearing date the party requesting the hearing must file a notice of oral hearing and serve it on all counsel and self-represented parties. The hearing notice must state the exact title of the motion or motions to be heard.

CRITICALCivil cases

Applies to

Notice of submission

Submission docket is Mondays at 8:00 a.m. with ten days notice; file and serve a notice of submission with the exact title of the motion(s).

The submission docket takes place Mondays at 8:00 a.m. with ten days notice. If you set a matter on the submission docket file a notice of submission with the exact title of the motion or motions set for consideration and serve it on all counsel and self-represented parties.

CRITICALCivil cases

Applies to

Trial notebook

Trial Notebook documents must be exchanged before the pretrial conference, and parties are ordered to confer to reach agreements on limine, exhibits, objections, and jury charges.

These documents must be exchanged prior to the pre-trial conference. The parties are ORDERED to confer with each other prior to the pre-trial conference to discuss these documents to determine if any agreements can be reached regarding limine, pre-admission of exhibits, deposition objections, and jury charge submissions.

WARNINGCivil cases

Notice of submission must be served on all counsel and self-represented parties.

If you set a matter on the submission docket file a notice of submission with the exact title of the motion or motions set for consideration and serve it on all counsel and self-represented parties.

WARNINGCivil cases

If a courtesy copy is marked, the party must provide an exact copy to all other parties.

If a party highlights or otherwise marks a document in a courtesy copy provided to the Court, that party shall provide all other parties to the litigation an exact copy of what was provided to the Court.

WARNINGCivil cases

Draft proposed jury charges should be exchanged before docket call.

Drafts of proposed jury charges should be exchanged PRIOR to the docket call date.

WARNING

Exhibits that are not timely exchanged may be excluded.

Failure to timely exchange exhibits may result in the exclusion of those exhibits.

WARNING

Service

Email

When notifying the court that you are running late, send a copy of the email to all counsel or self-represented litigants.

If you are running late for a hearing, email the “late” email address listed on the court’s website with a copy to all counsel or self-represented litigants.

WARNING

Parties must exchange all exhibits before trial.

The parties shall exchange ALL exhibits prior to trial.

WARNING

Service

Mail

Substituted service is complete upon compliance with the court's order even if the defendant does not sign the certified-mail receipt.

Service will be complete upon compliance with this Order regardless of whether Defendant signs the certified mail receipt.

WARNINGCivil cases

The parties are expected to exchange motions in limine, exhibit lists, witness lists, and deposition excerpts no later than one week before trial.

However, the parties are expected to exchange motions in limine, exhibit lists, witness lists, and deposition excerpts no later than one week before trial.

WARNINGCivil cases

Notify the opposing side when requesting a daily copy.

You must notify the other side of your request.

WARNINGCivil cases

If an emergency hearing is granted, the movant must provide proper notice of the hearing to all parties.

If an emergency hearing is granted, the movant is responsible for providing proper notice of the hearing to all parties.