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Court Rules

Potter County District Courts Service and Proof of Service Rules

28 rules from official source documents

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

CRITICAL

Counsel seeking a temporary restraining order or other ex parte relief must notify the opposing side and make a reasonable effort to provide the application and proposed order at least two hours before presentment, subject to the stated emergency exceptions.

Counsel presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing party's counsel, or the opposing party if unrepresented by counsel in the present controversy, and make reasonable effort to 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, except as provided in subparagraph (b) hereof.

Court-level rulesOfficial source

CRITICAL

Applies to
Ex Parte application

The advance notice requirement for a TRO or ex parte application does not apply when a filed certificate alleges imminent irreparable harm with insufficient time to notify or that notice would impair the court's authority to grant relief.

(b) Compliance with the provisions of subparagraph (a) hereof is not required if a verified certificate of a party or a certificate of counsel is filed with the application alleging, (1) That irreparable harm is imminent and there is insufficient time to notify the opposing party or counsel; or (2) That 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

Service
Electronic service

The clerk must provide notice of intent to dismiss for want of prosecution through electronic service to attorneys and individuals registered with the case's e-filing system, in compliance with Rule 165a(1).

The clerk shall provide notice of the court's intention to dismiss for want of prosecution by complying with the provisions of Paragraph (1) of Rule 165a of the Texas Rules of Civil Procedure and through electronic service to those attorneys and individuals who are registered with the e-filing system for the case subject to dismissal.

Court-level rulesOfficial source

CRITICAL

Applies to
Setting request

A copy of a trial-setting request must be served simultaneously on all parties.

A copy of the request will be simultaneously served on all parties.

Court-level rulesOfficial source

CRITICAL

Applies to
Letter

If a party asks the court to schedule a hearing, it must confirm the setting by letter to the court and serve a copy on opposing counsel within three days after the setting.

Requesting the court to schedule the hearing and confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure within 3 days of setting the hearing.

Court-level rulesOfficial source

CRITICAL

Applies to
Hearing setting motion

A motion requesting a hearing must be accompanied by an order setting the hearing and a certificate of service on opposing counsel.

Filing with the Court a motion requesting a hearing and an order setting a hearing, accompanied by a certificate of service to opposing counsel; or

Court-level rulesOfficial source

CRITICAL

Service
Electronic service

The clerk must provide notice of intended dismissal for want of prosecution under Rule 165a(1) and by electronic service to registered e-filing attorneys and individuals.

(b) The clerk shall provide notice of the court's intention to dismiss for want of prosecution by complying with the provisions of Paragraph (1) of Rule 165a of the Texas Rules of Civil Procedure and through electronic service to those attorneys and individuals who are registered with the e-filing system for the case subject to dismissal.

Court-level rulesOfficial source

CRITICAL

Applies to
Trial setting request

When requesting a trial setting, the requesting party must simultaneously serve a copy on all parties.

A copy of the request will be simultaneously served on all parties.

Court-level rulesOfficial source

CRITICAL

Applies to
Letter

A letter confirming a court-scheduled hearing must be served on opposing counsel within three days of the setting.

Requesting the court to schedule the hearing and confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure within 3 days of setting the hearing.

Court-level rulesOfficial source

CRITICAL

A copy of a written request for a trial setting must be served simultaneously on all parties.

A copy of the request will be simultaneously served on all parties.

Court-level rulesOfficial source

CRITICAL

Service
Electronic service

The clerk must provide notice of the court's intention to dismiss for want of prosecution through the procedures in Texas Rule 165a(1) and by electronic service to registered attorneys and individuals.

The clerk shall provide notice of the court's intention to dismiss for want of prosecution by complying with the provisions of Paragraph (1) of Rule 165a of the Texas Rules of Civil Procedure and through electronic service to those attorneys and individuals who are registered with the e-filing system for the case subject to dismissal.

Court-level rulesOfficial source

CRITICAL

Applies to
Ex Parte application

For a temporary restraining order or other ex parte application, counsel must notify the opposing party or counsel and provide a copy of the application and proposed order at least 2 hours before presentation to the court.

Counsel presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing party's counsel, or the opposing party if unrepresented by counsel in the present controversy, and make reasonable effort to 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

Court-level rulesOfficial source

CRITICAL

Applies to
Hearing confirmation letter

When a hearing is scheduled by request to the court, the confirming letter must be served on opposing counsel in accordance with Texas Rule of Civil Procedure 21a within three days after the setting.

Requesting the court to schedule the hearing and confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure within 3 days of setting the hearing.

Court-level rulesOfficial source

CRITICAL

Applies to
Hearing confirmation letter

If a party requests that the court schedule a hearing, it must confirm the setting by letter and serve opposing counsel within 3 days of the setting.

(2) Requesting the court to schedule the hearing and confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure within 3 days of setting the hearing.

Court-level rulesOfficial source

CRITICAL

Applies to
Application

Counsel must notify the opposing party or counsel and provide a copy of a TRO or other ex parte application and proposed order at least two hours before presentation to the court, subject to the stated exceptions.

Counsel presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing party's counsel, or the opposing party if unrepresented by counsel in the present controversy, and make reasonable effort to 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, except as provided in subparagraph (b) hereof.

Court-level rulesOfficial source

CRITICAL

Deadline
2 hours
Applies to
Application and proposed order

Counsel seeking a temporary restraining order or other ex parte relief must notify the opposing party or counsel and make reasonable efforts to provide the application and proposed order at least two hours before presentation to the court.

Counsel presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing party's counsel, or the opposing party if unrepresented by counsel in the present controversy, and make reasonable effort to 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

Court-level rulesOfficial source

CRITICAL

Applies to
Court request

A copy of every written request to the court must be sent to the opposing party, with a signed statement acknowledging that service.

Any requests to the court must be made in writing with the signed statement attached that you have sent a copy to the opposing party.

Judge Dee Johnson

CRITICAL

Applies to
Written judge communication

Also you may write something to the judge if you send a copy of it to everyone else in the case (see paragraph 5 and 7 below).

Also you may write something to the judge if you send a copy of it to everyone else in the case (see paragraph 5 and 7 below).

Judge Dee Johnson

CRITICAL

Applies to
Notice of setting

The party obtaining a setting must notify all parties of the hearing information and total hearing time in the manner and time required by the Texas Rules of Civil Procedure, and must send notice the same day the setting is obtained.

The party who obtains the setting must give notice to all parties of the time, place, and date of a setting and the total time needed for the entire hearing for all participants. Notice must be given in the manner and within the time provided by the Texas Rules of Civil Procedure. Notice must be sent the same day the party obtains the setting, and any delay in sending notice may be argued by the opposing party as a basis for continuance.

Judge Dee Johnson

CRITICAL

Applies to
Formal court paper
Service
Mail to opposing party

Formal pleadings, answers, motions, and similar papers must be filed with the clerk and mailed to the opposing attorney or unrepresented opposing party.

A formal pleading, answer, motion or other paper where you ask the Court to take some action is not a prohibited communication, but still should not be sent to the Court. You must file those papers with the Clerk's office with a true and correct copy of the papers sent to the opposing party's attorney, if he/she has one, or to the opposing party if he/she does not have a lawyer.

Judge Dee Johnson

CRITICAL

Applies to
Notice of court setting or order

A pro se litigant must notify the opposing attorney or party of every court setting or order obtained and file a copy of that notice with the court.

You must give notice to the opposing attorney or party of any court setting or order that you have obtained. You must file a copy with the court of such notice to opposing attorney or party.

Judge Dee Johnson

CRITICAL

The party obtaining a setting must notify all parties of the hearing details and total duration in the manner and timeframe required by the Texas Rules of Civil Procedure, with notice sent the same day.

The party who obtains the setting must give notice to all parties of the time, place, and date of a setting and the total time needed for the entire hearing for all participants. Notice must be given in the manner and within the time provided by the Texas Rules of Civil Procedure. Notice must be sent the same day the party obtains the setting, and any delay in sending notice may be argued by the opposing party as a basis for continuance.

Judge Titiana D. Frausto

WARNING

A deposition notice given fewer than ten calendar days in advance is presumed unreasonable.

(2) Notice of less than ten (10) calendar days under Rules 21a and 199.2(a), Texas Rules of Civil Procedure, is presumed to be unreasonable notice.

Court-level rulesOfficial source

WARNING

When requesting a trial setting, the requesting party must simultaneously serve a copy of the request on all parties.

A copy of the request will be simultaneously served on all parties.

Court-level rulesOfficial source

WARNING

Applies to
Application

The advance-notice requirement for TRO and other ex parte applications does not apply when a verified party certificate or counsel certificate alleges imminent irreparable harm with insufficient time to notify, or that notice would impair or annul the court’s power to grant relief.

Compliance with the provisions of subparagraph (a) hereof is not required if a verified certificate of a party or a certificate of counsel is filed with the application alleging, (1) That irreparable harm is imminent and there is insufficient time to notify the opposing party or counsel; or (2) That 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

INFO

Applies to
Hearing notice
Service
Mail

After filing pleadings, a pro se litigant should request a hearing in writing from the clerk, who will notify the litigant of the hearing date by mail.

Once you file your pleadings in the case, you should send a written request for a hearing with the court's clerk who will then notify you by mail of the hearing date.

Judge Dee Johnson

INFOCriminal cases

Service
Mail

Docket and court-hearing-setting notices are sent to defendants by USPS mail, making a current address necessary.

All dockets or court hearings setting notices are sent to you via USPS mail, so we need a good address.

Judge Titiana D. Frausto

INFOCriminal cases

Service
Email

Defendants may receive their docket by email if they provide the court with a reliable email address.

If you would like to receive your docket via email, please provide the court with a reliable email address.

Judge Titiana D. Frausto
Common questions about Potter County District Courts service and proof of service rules

What rule applies to serving the opposing party in Potter County District Courts?

Details: recipient: the opposing party. Counsel seeking a temporary restraining order or other ex parte relief must notify the opposing side and make a reasonable effort to provide the application and proposed order at least two hours before presentment, subject to the stated emergency exceptions.

View ruleOfficial source Source: page 4, section Rule 1.11 Application for TRO and Other Ex Parte Orders

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

Details: recipient: the opposing party. The advance notice requirement for a TRO or ex parte application does not apply when a filed certificate alleges imminent irreparable harm with insufficient time to notify or that notice would impair the court's authority to grant relief.

View ruleOfficial source Source: page 4, section Rule 1.11 Application for TRO and Other Ex Parte Orders

1 more rule answers this question.

What rule applies to e-service in Potter County District Courts?

Details: method: e-service. The clerk must provide notice of intent to dismiss for want of prosecution through electronic service to attorneys and individuals registered with the case's e-filing system, in compliance with Rule 165a(1).

View ruleOfficial source Source: page 7, section Rule 2.07 Dismissal for Want of Prosecution

2 more rules answer this question.

What rule applies to service for setting request in Potter County District Courts?

Details: recipient: all parties. A copy of a trial-setting request must be served simultaneously on all parties.

View ruleOfficial source Source: page 6, section Rule 2.01 Trial Weeks

What rule applies to service for letter in Potter County District Courts?

Details: recipient: the opposing party. If a party asks the court to schedule a hearing, it must confirm the setting by letter to the court and serve a copy on opposing counsel within three days after the setting.

View ruleOfficial source Source: page 4, section Rule 1.10 Hearings

1 more rule answers this question.

What rule applies to service for hearing setting motion in Potter County District Courts?

Proof of service is required for the covered service rule. Details: recipient: the opposing party, timing: at filing. A motion requesting a hearing must be accompanied by an order setting the hearing and a certificate of service on opposing counsel.

View ruleOfficial source Source: page 4, section Rule 1.10 Hearings