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Court Rules

Kaufman County District Courts Service and Proof of Service Rules

6 rules from official source documents

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

CRITICAL

Applies to
Ex parte application

Counsel or a pro se party seeking a temporary restraining order or other ex parte relief must give notice and provide the application and proposed order at least two hours before presentation, unless a timely verified certificate establishes an applicable notice exception.

Counsel (or prose party) presenting any application for a Temporary Restraining Order or other Ex Parte relief shall: 1. Notify the opposing party's counsel or the opposing party if unrepresented by counsel, and 2. Provide opposing counsel or party with a copy of the application and proposed order at least 2 hours before the application and proposed order are to be presented to the Court for decision. ii. Compliance with the above provision is not required if a verified certificate of a party or certificate of counsel is filed with the application and states that: 1. Irreparable harm is imminent-and there is insufficient time to notify the opposing party or counsel; and/or 2. To notify the opposing party or counsel would impair or annul the Court's power to grant relief because the subject matter of the application could be accomplished or property removed, secreted or destroyed, if notice were required.

Court-level rulesOfficial source

CRITICAL

Applies to
Ex parte application

For a temporary restraining order or other ex parte relief, the presenting party must notify the opposing party and provide a copy of the application and proposed order at least two hours before presentment.

The party presenting any Temporary Restraining Order or other ex parte relief shall: 1. Notify the opposing party and 2. Provide the party with a copy of the application and proposed order at least 2 hours before the application and proposed order are to be presented to the Court for decision.

Judge Casey L. Blair

CRITICALCriminal cases

Applies to
Bail review hearing

A defendant who is not in custody must receive reasonable notice of the bail-review hearing.

If the defendant is not in custody, reasonable notice shall be given.

Judge Casey L. Blair

CRITICAL

Applies to
Dwop notice
Service
Email to all parties

Subject to other provisions of these rules, the Clerk shall email a written notice of such dismissal to all parties or their counsel of record.

Subject to other provisions of these rules, the Clerk shall email a written notice of such dismissal to all parties or their counsel of record.

Judge Shelton T. W. Gibbs IV

CRITICAL

Applies to
Dwop notice
Service
Mail to all parties

When no email address is on file, the clerk must mail the written notice instead of emailing it.

If no email is on file then the Clerk shall mail a written notice of such a setting.

Judge Shelton T. W. Gibbs IV

WARNING

Applies to
Motion

A copy of the withdrawal motion must be delivered or mailed to opposing counsel.

A copy of the motion shall be delivered or mailed to opposing counsel.

Judge Casey L. Blair
Common questions about Kaufman County District Courts service and proof of service rules

What rule applies to service for ex parte application in Kaufman County District Courts?

Kaufman County District Courts: Details: recipient: the opposing party. Counsel or a pro se party seeking a temporary restraining order or other ex parte relief must give notice and provide the application and proposed order at least two hours before presentation, unless a timely verified certificate establishes an applicable notice exception.

View ruleOfficial source Source: page 2, section 2. APPLICATION FOR TRO AND OTHER EX PARTE ORDERS

Judge Casey L. Blair: For a temporary restraining order or other ex parte relief, the presenting party must notify the opposing party and provide a copy of the application and proposed order at least two hours before presentment.

View ruleOfficial source Source: page 4, section Ex Parte Orders

What rule applies to service for dwop notice in Kaufman County District Courts?

Judge Shelton T. W. Gibbs IV: Details: method: service by email, recipient: all parties. Subject to other provisions of these rules, the Clerk shall email a written notice of such dismissal to all parties or their counsel of record.

View ruleOfficial source Source: page 1, section DISMISSAL FOR WANT OF PROSECUTION (DWOP)

1 more rule answers this question.

What rule applies to service for bail review hearing in Kaufman County District Courts?

Judge Casey L. Blair: A defendant who is not in custody must receive reasonable notice of the bail-review hearing.

View ruleOfficial source Source: page 2, section 6. Conduct of the Review

What rule applies to service for motion in Kaufman County District Courts?

Judge Casey L. Blair: Details: recipient: the opposing party. A copy of the withdrawal motion must be delivered or mailed to opposing counsel.

View ruleOfficial source Source: page 6, section WITHDRAWAL/SUBSTITUTION OF COUNSEL