Q: Legal process when a Respondent doesn't properly cite the Petitioner.
(In Texas) In a Termination of Parental Rights Family Law case, the petitioner had the Petition served to a respondent. The respondent sent a Original Answer to the Court. BUT did not fill out a Certificate of Service and did not send the petitioner a copy of the Original Answer.
IS the petitioner responsible to keep checking the Register of Actions , request a copy of the Original Answer themselves, then notify the Respondent of any future proceedings?
OR since the respondent DID NOT follow procedure and notify the petitioner, does it in essence stay as if the respondent never filed a response and therefore isn't legally deserving to be notified of future court dates by the petitioner?
A:
When you file the Answer, it is your duty and responsibility to send a copy to Petitioner. If you don't, your Answer is still on file, but you could be sanctioned by the Court for failing to copy Petitioner on your filing.
The Petitioner, not having received an Answer from you, and unless the Clerk has given him notice of your filing, will be thinking you have defaulted and prepare to go to court to take a default but will double check the Court registry to see if an Answer has been filed, and will finally discover it was filed.
You are required to copy Petitioner on every pleading you file.
A: Yes, you have to send any pleadings that you file directly to the opposing party. If you don't you won't be able to proceed as it relates to the filing. Good luck. 888-343-4529.
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