Court Skills: Procedure & Evidence

Service, motions, conferring, hearings, exhibits, hearsay, and objections.

Sections

Service and serving later papers
Setting hearings and conferring
Evidence basics: relevance, hearsay, and exhibits

1. Service and serving later papers

Learning objectives

Explain citation and who may serve it.
Know how later filings are served.

The first papers are served with a citation, delivered by a sheriff, constable, certified process server, or anyone else authorized by law. You cannot serve them yourself. Service can also be by certified mail by the clerk, or by another method if the court approves it (Tex. R. Civ. P. 103, 106). The return of service must be on file 10 days (not counting the day of filing or the day of judgment) before a default judgment (Tex. R. Civ. P. 107(h)). Later papers are served on the other party or their lawyer by e-service, email, mail, or hand delivery (Tex. R. Civ. P. 21a), with a certificate of service.

Local rules usually require you to give the court and District Clerk a current mailing address and email, and update them. The court will proceed as if you received anything sent there. Self-represented litigants may e-file or file with the clerk. Tex. R. Civ. P. 21c: redact sensitive data (full SSNs, bank and account numbers, driver's license numbers).

Practice questions

Practice 1. Jon wants to save money by personally handing his wife the divorce citation and petition. Is that valid service?

2. Setting hearings and conferring

Learning objectives

Apply a typical local conference requirement before setting a hearing.
Know the time limit at a temporary-orders hearing.

Typical local rules: before asking the court to set a hearing, make a good-faith effort to agree on a date. You may request a setting without agreement only after at least two attempts to contact the other side by customary means. Your request must briefly describe those efforts. Motions generally need a certificate of conference, which does not apply to dispositive motions, defaults, nonsuits, post-verdict motions, or service motions. Rules apply equally to self-represented litigants. Continuances often require court consent, and the motion must be verified. Most courts give each side about 20 minutes at a temporary orders hearing for evidence, cross-examination, rebuttal, and argument unless the court orders otherwise.

Plan a 20-minute hearing on paper: a 1-minute opening, about 10 minutes of your testimony and exhibits, about 5 minutes of cross-examination, and a 2-minute closing. Practice in the Virtual Courtroom.

Practice questions

Practice 1. Sam's county requires two attempts to confer. He emailed the other parent once about a hearing date and got no reply. Can he ask the coordinator to set the hearing now?

Practice 2. Under a local rule like the one above, how long does each side usually get at a temporary-orders hearing?

3. Evidence basics: relevance, hearsay, and exhibits

Learning objectives

Apply relevance and Rule 403.
Recognize hearsay and common exceptions.
Lay a basic foundation for a text message or photo.

Evidence must be relevant (Tex. R. Evid. 401–402) and may be excluded if its value is substantially outweighed by unfair prejudice, confusion, or waste of time (TRE 403). Hearsay is an out-of-court statement offered to prove the truth of what it says (TRE 801(d)). It is generally inadmissible (TRE 802), but many exceptions exist (TRE 803–804). The other party's own statements offered against them are not hearsay (TRE 801(e)(2)). That is why the other parent's texts to you are often admissible.

Authentication (TRE 901): a witness with knowledge testifies that the item is what it claims to be. For example: "This is a screenshot of texts from my ex's number, 972-555-0100. I took it on my phone. It is a fair and accurate copy." Mark exhibits, give a copy to the other side, then offer them: "Your Honor, I offer Petitioner's Exhibit 3."

To object, stand and state the ground briefly: "Objection, hearsay." Then wait for the ruling.

Most courts ban photos, recordings, or live streaming in the courthouse without a written court order. Some local rules also say that if you use AI (including this site) for research or drafting, you must make sure everything you submit is accurate.

Practice questions

Practice 1. At a hearing, Mia offers a text her ex sent her: "I was drunk when I picked up the kids." Her ex's lawyer objects: hearsay. Which rule applies?

Practice 2. Ben wants to testify that his neighbor told him, "Your ex leaves the kids alone all night." The neighbor is not in court. Likely ruling on a hearsay objection?