Part II - Rules of Practice in District & County Courts

Question 1

Rule 15 - Writs and Process

Answer 1

1. Style: All writs and process shall be styled: “The State of Texas.”

2. Direction to Sheriff or Constable: Unless otherwise specifically provided by law or these rules, every writ and process shall be directed to:
* Any sheriff within the State of Texas, or
* Any constable within the State of Texas.

3. Return Date: All writs and process shall be made returnable on the Monday next after the expiration of twenty days from the date of service.

4. Formalities: All writs and process shall be:
* Dated by the clerk,
* Attested by the clerk,
* Sealed with the seal of the court, and
* The date of issuance shall be noted on the document.

Question 2

Rule 16 - Shall Endorse All Process

Answer 2

Requirement: Every officer or authorized person receiving process or precepts must endorse the following information:

• The day and hour of receipt.
• The manner of execution.
• The time and place of service.

Signature: The officer or authorized person must sign the returns officially.

Question 3

Must the manner of service and return requirements in TRCP 16 be strictly followed?

Answer 3

Yes, courts require strict compliance. Any conflict or omission with the required formalities constitutes error on the face of the record. Ins. Co. of State of Penn, 297 S.W.3d 254, 256 (Tex. 2009).

Question 4

Rule 18a - Recusal and Disqualification of Judges

Answer 4

Rule 18a: Recusal & Disqualification of Judges

(a) Motion: Form & Contents (Trial Courts, Non-Probate/Justice)

• Filing: File with court clerk.
• Requirements:
  
  • Verified.
  • State grounds per Rule 18b.
  • Cannot be solely based on prior rulings.
  • Must detail facts with particularity:
    
    • Based on personal knowledge (or stated basis for belief),
    • Would be admissible in evidence, and
    • If Proven, would be sufficient for recusal/disqualification.

(b) Filing Deadlines:

• Recusal Motion:
  
  • File as soon as grounds are known.
  • No later than 10 days before trial/hearing, unless:
    
    • Movant didn’t know judge would preside.
    • Movant didn’t know grounds existed.
• Disqualification Motion:
  
  • File as soon as grounds are known.

Question 5

Rule 18b(a) - Grounds for Disqualification of Judges

Answer 5

(a) Mandatory Disqualification: A judge must disqualify in any proceeding in which:

1. Prior Legal Representation:
   
   • The judge has served as a lawyer in the matter in controversy, or
   • A lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter.
2. Personal or Fiduciary Interest: The judge knows that, individually or as a fiduciary, the judge has an interest in the subject matter in controversy.
3. Familial Relationship: Either of the parties is related to the judge by affinity or consanguinity within the third degree.

Question 6

Rule 18b(b) - Grounds for Recusal of Judges

Answer 6

Rule 18b(b): Grounds for Recusal

• The judge’s _impartiality_ might reasonably be questioned.
• The judge has a _personal bias_ or _prejudice_ concerning the subject matter or a party.
• The judge has _personal knowledge_ of disputed evidentiary facts concerning the proceeding.
• The judge or a lawyer with whom the judge previously practiced law has been a _material witness_ concerning the proceeding.
• The judge _participated as counsel, adviser, or material witness_ in the matter in controversy, or _expressed an opinion concerning the merits_ of it, while acting as an attorney in government service.
• The judge knows that the judge, individually or as a fiduciary, or the judge’s spouse or minor child residing in the judge’s household, has a _financial interest_ in the subject matter in controversy or in a party to the proceeding, or any other _interest that could be substantially affected_ by the outcome of the proceeding.
• The judge or the judge’s spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
  
  • is a _party to the proceeding_ or an officer, director, or trustee of a party;
  • is known by the judge to have an _interest that could be substantially affected_ by the outcome of the proceeding; or
  • is to the judge’s knowledge _likely to be a material witness_ in the proceeding.
• The judge or the judge’s spouse, or a person within the first degree of relationship to either of them, or the spouse of such a person, is _acting as a lawyer_ in the proceeding.

Question 7

Rule 21(a) - Filing ans Service Required

Rule 21(c) - Multiple Parties

Rule 21(d) - Certificate of Service

Answer 7

Rule 21

(a): Filing and Service Requirements

• Written Filing: All pleadings, pleas, motions, or applications for court orders must be in writing and filed with the court clerk, unless presented during a hearing or trial.
• Content of Filing: The filing must state the grounds for the request and must set forth the specific relief or order sought.
• Service on Parties: A true copy of the filing must be served on all other parties at the same time as the filing.
• Docketing: The filing must be noted on the court’s docket.

(c): Service on Multiple Parties: If there is more than one other party represented by different attorneys, one copy of each pleading must be served on each attorney in charge.

(d): Certificate of Service: The party or attorney of record must certify to the court compliance with this rule in writing over signature on the filed pleading, plea, motion, or application.

Question 8

Rule 21(b) - Service of Notice of Court Proceeding

Answer 8

Rule 21(b): Service of Notice of Court Proceeding

• Service Deadline: An application for an order and notice of a court proceeding (as defined in Rule 21d(a)), when not presented during a court proceeding, must be served on all other parties at least three days before the specified time, unless otherwise provided by rules or shortened by the court.
• Notice Content: Notice of a court proceeding must include information needed for participants (as defined in Rule 21d(a)) to participate, including the proceeding’s location (or electronic joining instructions), the court’s contact information, and instructions for submitting evidence.
• Court Publication: A court must publish information necessary for participants to participate in its proceedings.

Question 9

Rule 21(f) - Electronic Filing

Answer 9

Rule 21(f): Electronic Filing

• (1) Requirement: Except in juvenile cases under Title 3 of the Family Code and truancy cases under Title 3A of the Family Code, attorneys must electronically file documents in courts where electronic filing has been mandated. Attorneys practicing in courts where electronic filing is available but not mandated and unrepresented parties may electronically file documents, but it is not required.
• (2) Email Address: The **email address **of an attorney or unrepresented party who electronically files a document must be included on the document.
• (3) Mechanism: Electronic filing must be done through the electronic filing manager established by the Office of Court Administration and an electronic filing service provider certified by the Office of Court Administration.
• (4) Exceptions:
  
  • (A) Wills are not required to be filed electronically.
  • (B) The following documents must not be filed electronically:
    
    • (i) documents filed under seal or presented to the court in camera; and
    • (ii) documents to which access is otherwise restricted by law or court order.
  • (C) For good cause, a court may permit a party to file other documents in paper form in a particular case.
• (5) Timely Filing: Unless a document must be filed by a certain time of day, a document is considered timely filed if it is electronically filed at any time before midnight (in the court’s time zone) on the filing deadline. An electronically filed document is deemed filed when transmitted to the filing party’s electronic filing service provider, except:
  
  • (A) if a document is transmitted on a Saturday, Sunday, or legal holiday, it is deemed filed on the next day that is not a Saturday, Sunday, or legal holiday; and
  • (B) if a document requires a motion and an order allowing its filing, the document is deemed filed on the date that the motion is granted
• (6) Technical Failure: If a document is untimely due to a technical failure or a system outage, the filing party may seek appropriate relief from the court. If the missed deadline is one imposed by these rules, the filing party must be given a reasonable extension of time to complete the filing.
• (7) Electronic Signatures: A document that is electronically served, filed, or issued by a court or clerk is considered signed if the document includes:
  
  • (A) a “/s/” and name typed in the space where the signature would otherwise appear, unless the document is notarized or sworn; or
  • (B) an electronic image or scanned image of the signature.
• (8) Format: An electronically filed document must:
  
  • (A) be in text-searchable portable document format (PDF);
  • (B) be directly converted to PDF rather than scanned, if possible;
  • (C) not be locked; and
  • (D) otherwise comply with the Technology Standards set by the Judicial Committee on Information Technology and approved by the Supreme Court.
• (9) Paper Copies: Unless required by local rule, a party need not file a paper copy of an electronically filed document.
• (10) Electronic Orders, Notices, and Other Documents From the Court:
  
  • (A) Except as provided in (B), the clerk must send Orders, notices, and other documents to the parties electronically through an electronic filing system approved by the Supreme Court. A court seal may be electronic.
  • (B) The clerk need not send orders, notices, or other documents electronically:
    
    • (i) when sealed or when access is otherwise restricted by law or court order; or
    • (ii) when an unrepresented party has not provided an e-mail address.
• (11) Non-Conforming Documents: The clerk may not refuse to file a document that fails to conform with this rule. But the clerk may identify the error to be corrected and state a deadline for the party to resubmit the document in a conforming format.
• (12) Original Wills: When a party electronically files an application to probate a document as an original will, the original will must be filed with the clerk within three business days after the application is filed.
• (13) Official Record: The clerk may designate an electronically filed document or a scanned paper document as the official court record. The clerk is not required to keep both paper and electronic versions of the same document unless otherwise required by local rule. But the clerk must retain an original will filed for probate in a numbered file folder.