Legal Question in Family Law in Texas

Civile Procedure

I filed a Motion to Modify my current viitation schedule with ex. The motion was filed and he was served, I now have a court date and all the court will tell me is I have to follow the Rules of Civil Procedure. Does this mean I need to hire a process server and have him served again or can this be done any other way? Would a letter from me be considered service.


Asked on 12/03/08, 8:21 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Civile Procedure

If he was "served" by a process server, then he does not need to be served again.

If the judge's clerk says to follow the Rules of Civil Procedure, it is because the Judge's clerk is not an attorney and cannot give you legal advice.

Be aware that the Judge cannot practice law once he or she becomes a judge, therefore, you are held to the same standard as an attorney. It is your "job" to know Texas law and how to present evidence at a hearing.

I highly recommend that you hire an attorney to help you.

The Rules of Civil Procedure are in many bookstores as well as the Harris County Law Library in Downtown Houston.

Good luck!

Happy Holidays!

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Answered on 12/04/08, 11:23 pm


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