Court Rules

Aransas County Court at Law

Court-Level Rules, Filing Procedures & Policies

Limits & Logistics

Courtesy Copies

Summary Judgment Motions

  • Prior to Submission Date

Adjournments

  • Grounds for continuing a trial setting must be presented at least 10 days before trial or at the Pre-Trial Conference, unless the Court permits otherwise for good cause.
Reason for Request

Communication

Phone
Scheduling
Email
Scheduling
Filters:

Document Format Requirements2 rules

FormattingMandatory

If the parties cannot agree, then each side shall prepare their own proposed jury charge and submit it to the Court in an editable format via email to the Court Manager and opposing counsel by email.

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 10
|SectionVI. RULES APPLICABLE TO ALL CASE TYPES
FormattingNote

Cases may be set for preferential setting by filing a request in writing, which will be ruled on by submission.

Applies to
  • Preferential setting request

Formatting

  • The request must be in writing
Tx Aransas County Court:07459ab9fce29759455b16bc · p. 9
|SectionVI. RULES APPLICABLE TO ALL CASE TYPES

Document Filing Requirements38 rules

Filing RequirementsMandatory

All applications for ex parte relief shall state whether or not, within the knowledge of applicant and his attorney, the opposing party is represented by counsel, and if so, the name of such counsel.

Filing RequirementsMandatory

Each party shall also present its Witness List with contact information and Exhibit List to opposing counsel at or before the Pre-Trial Hearing, or such witnesses or exhibits will not be permitted at trial except by permission of the Court for good cause shown.

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 3
|SectionRule 2.16 Pre-Trial Motions and Hearing
Filing RequirementsMandatory

The requesting party must properly notify all parties of the hearing or submission date and certify to such notice when the Motion is submitted.

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 4
|SectionRule 2.17 Disposition Motions and Other Preliminary Matters
Filing RequirementsMandatory

The moving party must properly notify all parties of the submission date and certify to such notice when the Motion is submitted.

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 4
|SectionRule 2.20 Motions for Summary Judgment
Filing RequirementsMandatory

A written objection to referral must state a reasonable basis for the objection.

Court's wording

Any party may, within 10 days after receiving notification of referral, file a written objection which sets forth a reasonable basis for the party’s objection to referral and the same shall be forthwith set by the Judge for hearing.

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 4
|SectionRule 2.21 Motions for Referral of Disputes to Alternative Dispute Resolution
Filing RequirementsMandatory

When a case is settled or dismissed, counsel must submit a Non-suit or Agreed Judgment before the trial date.

Court's wording

When a case is settled or dismissed, counsel shall give notice to the Court Manager as soon as possible and submit a Non-suit or Agreed Judgment prior to the trial date so as to not interfere with the efficiency of trial date procedure and to provide parties in other trial cases as much advance notice as possible.

Filing RequirementsMandatory

All discovery motions or requests for hearing relating to discovery must contain a Certificate of Conference pursuant to Rule 191.2 of the Texas Rules of Civil Procedure.

Document
Discovery motion or hearing request

Must include

  • Certificate of conference
Filing RequirementsMandatory

The name and address of the obligor’s employer must accompany any order for withholding income for child support.

Filing RequirementsMandatory

At the commencement of all family law cases (excluding adoptions) the BVS form titled Information on Suit Affecting the Family Relationship (VS-165) shall be completed and filed with the original petition.

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 6
|SectionRule 4.14 Bureau of Vital Statistics Form
Filing RequirementsMandatory

Child support payments are to be ordered withheld from the obligor’s earnings.

Filing RequirementsMandatory

Each inventory must state property values, liabilities and specified payment and creditor details, and identify any property or liability claimed to be separate.

Court's wording

Each inventory shall list the value of each item of property and shall list each liability, the number of period payments in arrears, if any, the property securing its payments, and the name of the creditor. Any property or liability claimed to be separate shall be so characterized.

Filing RequirementsMandatory

In all cases requiring a division of property and/or liabilities the parties shall each exchange with each other and file with the court sworn inventories.

Filing RequirementsMandatory

This setting will be noticed on the original setting notice along with the Arraignment setting

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 7
|SectionRule 5.11 Pre-Trial Hearing & Plea Deadline
Filing RequirementsMandatory

Each attorney or pro se party shall submit a proposed property division, including property claimed or recognized as separate property, to the Court and opposing counsel at least 5 days before trial.

Filing RequirementsMandatory

An interpreter for trial must be requested by filing a motion at least seven days prior to the Pre-Trial Hearing in accordance with the Texas Code of Criminal Procedure Art. 28.01 §2.

Filing RequirementsMandatory

The County Court at Law will not hear a felony arraignment, pretrial hearing, or guilty plea without written concurrence from two-thirds of the District Judges who preside in Aransas County.

Court's wording

No felony arraignments, pretrial hearings or guilty pleas will be heard by the County Court at Law without written concurrence of 2/3 of the District Judges who preside in Aransas County pursuant to Policies and Procedures for the Judge of Aransas County Court at Law’s Actions on Cases Pending in District Court in Aransas County, Texas. (Attached Exhibit “D”).

Filing RequirementsMandatory

If a defendant cannot afford an attorney but desires to be represented, the defendant must complete an Affidavit of Indigence.

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 8
|SectionRule 5.12 Court Appointed Attorneys for Indigent Criminal Defendants
Filing RequirementsMandatory

If the parties cannot agree, then each side shall prepare their own proposed jury charge and submit it to the Court in an editable format via email to the Court Manager and opposing counsel by email.

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 10
|SectionVI. RULES APPLICABLE TO ALL CASE TYPES
Filing RequirementsMandatory

If the client consents to withdrawal then such motion shall include their signature.

Filing RequirementsMandatory

If the client doesn’t consent to withdrawal, then a hearing must be set on the motion.

Filing RequirementsMandatory

If another attorney is not to be substituted as the attorney of record, the motion shall state: that a copy of the motion has been delivered to the party; that the party has been notified in writing of his right to object to the motion; whether the party consents to the motion; the party's last known address and all pending settings and deadlines.

Filing RequirementsMandatory

No attorney of record shall be permitted to withdraw from any case without presenting a motion and obtaining from the Court an Order Granting Leave to Withdraw.

Filing RequirementsMandatory

An application to probate a lost will must state why the original cannot be produced and identify the devisees and those who would inherit if the will were not admitted.

Court's wording

Texas Estates Code §256.054 requires that an application for the probate of a lost will must include information concerning the reason the original instrument cannot be produced and must also include the names of the devisees included in the lost will and the names of the individuals who would inherit if the copy of the lost will were not admitted to probate.

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 16
|SectionSecond Amended Administrative Order Regarding Notice Requirements for an Application to Probate a Copy of a Lost Will or a Lost Will Without a Copy
Filing RequirementsMandatory

Citation must substantially state the application’s information and specify when and where the application will be heard and which court will act on it.

Court's wording

Texas Estates Code §258.002 requires that when a will cannot be produced in Court, the Clerk shall issue citation to all parties interested in the estate, which citation shall contain substantially the statements made in the application for probate as well as the time when, place where, and the court before which such application will be acted upon.

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 16
|SectionSecond Amended Administrative Order Regarding Notice Requirements for an Application to Probate a Copy of a Lost Will or a Lost Will Without a Copy
Filing RequirementsMandatory

b. The applicant must provide the Clerk with copies of the application and the will to be sent to the attorney ad litem.

Filing RequirementsMandatory

The Clerk must attach the specified notice of the right to object to each citation issued under Texas Estates Code §258.002.

Court's wording

The Clerk must attach to each citation issued under Texas Estates Code §258.002 the “Notice of Application to Probate Copy of Lost Will or Codicil or Lost Will or Codicil Without a Copy” that is attached to this Order, informing all persons interested in the estate of their right to object to the probate.

Filing RequirementsMandatory

An affidavit waiving citation must itself include all points addressed in the attached notice; merely referring to an attached notice is insufficient.

Court's wording

6. When an heir or a devisee executes an affidavit waiving citation, the affidavit itself must explicitly include all of the points addressed in the "Notice of Application to Probate Copy of Lost Will or Codicil of Lost Will or Codicil Without a Copy" attached to this Order. It is not sufficient for the affidavit to refer to an attached notice.'

Filing RequirementsMandatory

If you want to object to the probate of the lost will, you must file a written objection with the Clerk.

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 19
|SectionNOTICE OF APPLICATION TO PROBATE COPY OF LOST WILL OR CODICIL OR LOST WILL OR CODICIL WITHOUT A COPY
Filing RequirementsMandatory

The Petitioner must attach a copy of the order to the original petition and each copy; if omitted, the Clerk must attach it when the petition is filed.

Court's wording

The Petitioner shall attach a copy of this order to the original. petition and to each copy of the petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 25
|Section7.1 SERVICE AND APPLICATION OF THIS ORDER
Filing RequirementsMandatory

The course provider must issue each participant a certificate stating the participant and provider names, completion date, and method of instruction.

Court's wording

On completion of the course, the course provider shall issue a certificate of completion to each participant The certificate must state: (1) The name of the participant; (2) The name of the course provider; (3) The date the course was completed; and (4) Whether the course was provided by; (a) Personal instruction; (b) Videotape instruction; (c) Instruction through an electronic medium; or (d) A combination of those methods.

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 28
|SectionSan Patricio, Aransas, Bee, Live Oak and McMullen County Family Law Courts Standing Order Regarding Persons Seeking Conservatorship in Family Law Cases
Filing RequirementsMandatoryCivil cases

The course provider must issue each participant a certificate stating the participant’s name, provider’s name, completion date, and method of instruction.

Court's wording

On completion of the course, the course provider shall issue a certificate of completion to each participant The certificate must state: (1) Tue name of the participant; (2) Tue name of the course provider; (3) The date the course was completed; and (4) Whether the course was provided by; (a) Personal instruction; (b) Videotape instruction; (c) Instruction through an electronic medium; or (d) A combination of those methods.

Tx Aransas County Court:4e35f1fa753b7407ff79d312 · p. 2
|SectionStanding Order Regarding Persons Seeking Conservatorship in Family Law Cases
Filing RequirementsMandatoryCivil cases

The Petitioner must attach a copy of the order to the original petition and each copy; if the Petitioner fails to do so, the Clerk must ensure it is attached when the petition is filed.

Court's wording

The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order. is attached to the petition and every copy of the petition presented.

Tx Aransas County Court:93bbb253510242292cbc3700 · p. 4
|SectionSERVICE AND APPLICATION OF THIS ORDER
Filing RequirementsImportant

After the appearance date of the defendant in a case has passed, a Motion for Entry of Default Judgment may be filed with a proposed Judgment.

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 4
|SectionRule 2.19 Motions for Default Judgment
Filing RequirementsImportant

Defense counsel may file the Court’s waiver form or another form containing a statement entering the defendant’s plea; the waiver excuses only the attorney’s and defendant’s arraignment appearance.

Court's wording

An attorney representing a defendant may file a Waiver of Arraignment, using either the Court’s form available on the County Court at Law website (https://www.aransascountytx.gov/courtatlaw), or on their own form so long as it contains a statement entering the defendant’s plea to the charge(s). Filing a waiver excuses the appearance of the attorney and defendant at the Arraignment only.

Filing RequirementsImportant

A continuance motion based on counsel’s setting in another court should include that court’s setting notice as an exhibit and the estimated time counsel will be unavailable.

Court's wording

When a Motion for Continuance is made on the basis that counsel already has a setting in another court, such motion should include a copy of the other court’s setting notice as an exhibit to the motion, and should include the estimated length of time the attorney will be unavailable to this Court.

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 9
|SectionVI. RULES APPLICABLE TO ALL CASE TYPES
Filing RequirementsImportant

An agreed jury charge, with questions and instructions that may be reasonably anticipated, should be prepared and submitted to the Court at least five (5) days in advance of trial.

Tx Aransas County Court:07459ab9fce29759455b16bc · p. 10
|SectionVI. RULES APPLICABLE TO ALL CASE TYPES
Filing RequirementsImportant

The statutorily required citation is insufficient to advise heirs of their right to object to an application to probate a lost will. As authorized by Texas Estates Code §51.151, explicit notice of their right to object should be given to all heirs, either attached to all citations prepared by the Clerk or included as part of all waivers of citation.

Filing RequirementsNote

'A sample affidavit waiving citation is attached to this Order. The court does not require the use of this specific form, but the Court prefers that attorneys adopt this form affidavit to ensure all necessary information is included.

Filing & Service rules

Electronic Filing Rules

When the case has been filed, attorneys must e-file an appearance upon being retained.

If the case has been filed, attorneys are required to e-file an appearance upon being retained.

Page 8 | Rule 5.13 Appearance of Defendants and Counsel

Filing Timing and Cure Windows

A party may file a written objection stating a reasonable basis within 10 days after notice of referral; the Judge will promptly set it for hearing.

Any party may, within 10 days after receiving notification of referral, file a written objection which sets forth a reasonable basis for the party’s objection to referral and the same shall be forthwith set by the Judge for hearing.

Page 4 | Rule 2.21 Motions for Referral of Disputes to Alternative Dispute Resolution

The Non-suit or Agreed Judgment must be submitted before the trial date when a case is settled or dismissed.

When a case is settled or dismissed, counsel shall give notice to the Court Manager as soon as possible and submit a Non-suit or Agreed Judgment prior to the trial date so as to not interfere with the efficiency of trial date procedure and to provide parties in other trial cases as much advance notice as possible.

Page 5 | Rule 2.23 Settlements

The completed VS-165 form must be filed with the original petition at the commencement of family law cases other than adoptions.

At the commencement of all family law cases (excluding adoptions) the BVS form titled Information on Suit Affecting the Family Relationship (VS-165) shall be completed and filed with the original petition.

Page 6 | Rule 4.14 Bureau of Vital Statistics Form

The Pre-Trial Hearing & Plea Deadline is scheduled approximately four weeks after arraignment, must be included on the original setting notice with arraignment, cannot be waived or passed, and leads to a trial date if the case remains unresolved.

Pre-Trial Hearing & Plea Deadline will be scheduled to occur approximately four weeks after Arraignment. This setting will be noticed on the original setting notice along with the Arraignment setting and cannot be waived or passed. A trial date will be set if the case is not resolved at this appearance.

Page 7 | Rule 5.11 Pre-Trial Hearing & Plea Deadline

The proposed property division must be submitted at least five days before trial.

Each attorney or pro se party shall submit a proposed property division, including property claimed or recognized as separate property, to the Court and opposing counsel at least 5 days before trial.

Page 7 | Rule 4.15 Property Division

After the Court receives notice that a case has been filed, arraignment must be scheduled within 20 days or as soon thereafter as possible.

When the Court receives notice that a case has ben filed, the Arraignment date will be scheduled to occur within 20 days, or as soon thereafter as possible.

Page 7 | Rule 5.10 Arraignment

The motion requesting a trial interpreter must be filed at least seven days before the Pre-Trial Hearing.

An interpreter for trial must be requested by filing a motion at least seven days prior to the Pre-Trial Hearing in accordance with the Texas Code of Criminal Procedure Art. 28.01 §2.

Page 8 | Rule 5.14 Interpreters

The interpreter request must be sent at least 48 hours before each applicable setting.

If an interpreter is required for Arraignment or Pre-Trial Hearing, then counsel for Defendant is required to notify the Court Manager by email at least 48 hours before each setting with their request to ensure a remote interpreter can be scheduled with the Office of Court Administration.

Page 8 | Rule 5.14 Interpreters

Orders and judgments must be submitted to the Court for entry within seven days after the hearing or decision.

All orders and judgments must be submitted to the Court for entry within seven (7) days from the date of the hearing or decision by the Court.

Page 13 | XI. MISCELLANEOUS LOCAL RULES

The petitioner or movant must complete the course within 31 days of filing the original motion or complaint.

Tue course shall be successfully completed by the petitioner or movant within 31 days•of filing. of the original motion or complaint and by the respondent within 31 days of respondent's first appearanc;:e or by the filing of an answer or waiver by the respondent.

Civil cases

Page 2 | Standing Order Regarding Persons Seeking Conservatorship in Family Law Cases

A case with no proceedings or activity during the previous six months may be subject to dismissal for want of prosecution.

If there are no proceedings or activity in any case during the previous six (6) months, the case may be subject to dismissal for want of prosecution in accordance with Rule 165a of the Texas Rules of Civil Procedure.

Page 3 | Rule 2.14 Dismissal Docket: Involuntary Dismissal

An agreed jury charge, with questions and instructions that may be reasonably anticipated, should be prepared and submitted to the Court at least five (5) days in advance of trial.

An agreed jury charge, with questions and instructions that may be reasonably anticipated, should be prepared and submitted to the Court at least five (5) days in advance of trial.

Page 10 | VI. RULES APPLICABLE TO ALL CASE TYPES

Attorneys must send a vacation letter to the Court Manager and file it with the clerk as soon as they know their vacation dates.

Vacation letter setting the days an attorney will be unavailable due to vacations shall be sent to the Court Manager and filed with the clerk of court as soon as attorneys know of vacation days.

Page 11 | Rule 8.10 Attorneys – Attorney Vacations

The Clerk’s citation, which is attached to this notice, indicates the date by which you should file a written objection.

The Clerk’s citation, which is attached to this notice, indicates the date by which you should file a written objection.

Page 19 | NOTICE OF APPLICATION TO PROBATE COPY OF LOST WILL OR CODICIL OR LOST WILL OR CODICIL WITHOUT A COPY

Service and Proof of Service Rules

Witness and exhibit lists must be presented to opposing counsel at or before the Pre-Trial Hearing; the Court may allow witnesses or exhibits at trial for good cause.

Each party shall also present its Witness List with contact information and Exhibit List to opposing counsel at or before the Pre-Trial Hearing, or such witnesses or exhibits will not be permitted at trial except by permission of the Court for good cause shown.

Page 3 | Rule 2.16 Pre-Trial Motions and Hearing

Parties must present exceptions, motions, and dilatory pleas to all other parties at least 7 days before the Pre-Trial Hearing; late matters are barred unless the Court permits them for good cause.

At least 7 days before the Pre-Trial Hearing all parties shall present to all other parties their exceptions, motions and dilatory pleas, including Motions in Limine and Motions for Continuance. Such matters will be ruled on by the Court at Pre-Trial. If such exceptions, motions and pleas are not raised or filed in a timely manner, they will not be allowed to be raised or filed except by permission of the Court for good cause shown.

Page 3 | Rule 2.16 Pre-Trial Motions and Hearing

The moving party must notify all parties of the summary-judgment submission date and certify to that notice when submitting the motion.

The moving party must properly notify all parties of the submission date and certify to such notice when the Motion is submitted.

Page 4 | Rule 2.20 Motions for Summary Judgment

The requesting party must notify all parties of the hearing or submission date and certify to that notice when submitting the motion.

The requesting party must properly notify all parties of the hearing or submission date and certify to such notice when the Motion is submitted.

Page 4 | Rule 2.17 Disposition Motions and Other Preliminary Matters

The parties must exchange sworn inventories with one another.

In all cases requiring a division of property and/or liabilities the parties shall each exchange with each other and file with the court sworn inventories.

Page 7 | Rule 4.15 Property Division

Each side must email its proposed jury charge to opposing counsel when the parties cannot agree.

If the parties cannot agree, then each side shall prepare their own proposed jury charge and submit it to the Court in an editable format via email to the Court Manager and opposing counsel by email.

Page 10 | VI. RULES APPLICABLE TO ALL CASE TYPES

After withdrawal is granted, the attorney must immediately notify the party in writing of any previously uncommunicated settings or deadlines then known to the attorney; notice or delivery must be in person or by both certified and regular first-class mail to the party’s last known address, and the Court may impose further conditions.

If the motion is granted, the withdrawing attorney shall immediately notify the party in writing of any additional settings or deadlines of which the attorney has knowledge at the time of the withdrawal and has not already notified the party. The Court may impose further conditions upon granting leave to withdraw. Notice or delivery to a party shall be either made to the party in person or mailed to the party's last known address by both certified and regular first class mail.

Page 11 | Rule 8.11 Attorney Withdrawal

When a will cannot be produced, the Clerk must issue citation to all interested parties, including the devisees and those who would inherit by intestacy if the lost will were not admitted.

Texas Estates Code §258.002 requires that when a will cannot be produced in Court, the Clerk shall issue citation to all parties interested in the estate, which citation shall contain substantially the statements made in the application for probate as well as the time when, place where, and the court before which such application will be acted upon. When there is an application to probate a lost will, “all parties interested in the estate” includes both the devisees included in the will and the individuals who would inherit by intestacy if the copy of the lost will were not admitted to probate.

Page 16 | Second Amended Administrative Order Regarding Notice Requirements for an Application to Probate a Copy of a Lost Will or a Lost Will Without a Copy

Heirs who would inherit if the lost will is not admitted must be personally served or waive citation by affidavit; if the lost will is a codicil, the original will's beneficiaries are served or waive instead.

5. All persons who would inherit as an heir of the testator if the lost will is not admitted to probate must be personally served with citation under §258.002 or must execute an affidavit waiving citation. If the lost will is a codicil to an original will, the beneficiaries of the testator's original will, instead of the testator's heirs, must be personally served with citation under §258.002 or must execute an affidavit waiving citation.

Page 18 | Exhibit A

Each person named as a devisee in the lost will must be personally served with citation or execute an affidavit waiving citation.

4. All persons who are named as devisees in the lost will must be personally served with citation under §258.002 or must execute an affidavit waiving citation.

Page 18 | Exhibit A

Signing the affidavit enters the signer’s appearance, waives issuance and service of process, and permits the case to proceed without further notice to the signer.

By signing this Affidavit Waiving Citation, I enter my appearance in this case for all purposes and I waive the issuance and service of process. I agree that the case may be considered by the Court without further notice to me.

Page 21 | Exhibit A

For a case pending in District Court, the County Court at Law Judge may authorize substituted service only after consulting with and obtaining approval from the District Judge handling the case.

The County Court at Law Judge will not authorize substituted service as authorized by Texas Rules of Civil Procedure Rule 106 for any case pending in District Court without prior consultation with and approval from the District Judge in whose court the case is filed.

Page 30 | FAMILY CASES; IV. RULE 106 ORDERS

The requesting party must send notice of a Motion to Set or setting request to all other counsel in the case.

Notice of such Motion or request shall be sent to all other counsel in the case by the requesting party.

Page 2 | II. CIVIL CASES, Rule 2.11 Settings

The County Court at Law Judge may authorize a legally qualified individual or agency to serve process in a family law matter pending in District Court.

The County Court at Law Judge may authorize any legally qualified individual or agency to serve process in a family law matter pending in District Court as provided for in Texas fs-l1~e:-o=ivil /i: Procedure 103.

Page 30 | FAMILY CASES; III. RULE 103 ORDERS

Courtesy Copy Requirements

Courtesy copies of summary-judgment motions, responses, and replies must be mailed or emailed to the Judge before the submission date.

Courtesy copies of all motions, responses and replies shall be mailed or emailed to the Judge prior to the submission date.

Page 4 | Rule 2.20 Motions for Summary Judgment

Pre-Motion Conference Requirements

Movant shall attempt to contact opposing counsel, or pro se party, prior to filing the motion and include a statement to indicate whether they are, or are not, in agreement with the requested continuance.

Movant shall attempt to contact opposing counsel, or pro se party, prior to filing the motion and include a statement to indicate whether they are, or are not, in agreement with the requested continuance.

Page 9 | VI. RULES APPLICABLE TO ALL CASE TYPES

Counsel are expected to engage in good-faith negotiations under the Texas discovery and deposition rules.

All counsel are expected to engage in good faith negotiations pursuant to the discovery and deposition rules of the Texas Rules of Civil Procedure.

Page 5 | Rule 2.22 Discovery Motions

Discovery, protection, interrogatory-quashing, and sanctions motions may be heard at any time, subject to Rule 2.18.

Motions for discovery, for protection, to quash interrogatories or requests for sanctions may be heard at any time subject to Rule 2.18 above.

Page 5 | Rule 2.22 Discovery Motions

Adjournment & Extension Requirements

When a continuance is granted, a setting conference must be held immediately and the granting order must reset the trial; other deadlines remain in effect unless the Court amends them.

Upon granting a Motion for Continuance, a setting conference shall immediately be held and the Order granting such Motion for Continuance shall contain an Order resetting the case for trial. All other deadlines remain intact unless amended by the Court.

Page 9 | VI. RULES APPLICABLE TO ALL CASE TYPES

A motion to continue a trial setting, including a joint or agreed motion, is not effective without the Court’s consent.

No Motion for Continuance of a trial setting, including joint or agreed motions of all parties, shall be effective without the Court’s consent.

Page 9 | VI. RULES APPLICABLE TO ALL CASE TYPES

Grounds for continuing a trial setting must be presented at least 10 days before trial or at the Pre-Trial Conference, unless the Court permits otherwise for good cause.

Any grounds for continuance of a trial setting must be presented to the Court at least ten (10) days prior to the trial setting or at Pre-Trial Conference, except by permission of the Court with good cause shown.

Page 9 | VI. RULES APPLICABLE TO ALL CASE TYPES

For a prescheduled trial or hearing, an attorney must file a Motion for Continuance; the Judge may grant it at the Judge’s discretion.

If there is a prescheduled trial or hearing date, a Motion for Continuance must be filed and said continuance may be granted at the discretion of the Judge.

Page 11 | Rule 8.10 Attorneys – Attorney Vacations

A tentative schedule in another court is not a basis for granting a continuance.

Tentative schedules in another Court will not be grounds for granting a continuance.

Page 9 | VI. RULES APPLICABLE TO ALL CASE TYPES

If a setting is made after the Court Manager receives a vacation letter, the attorney may request a reset without filing a Motion for Continuance.

If a setting is made after a vacation letter has been received by the Court Manager said attorney may request a reset without a Motion for Continuance.

Page 11 | Rule 8.10 Attorneys – Attorney Vacations

Chambers Communication Rules

When a case is settled or dismissed, counsel must notify the Court Manager as soon as possible.

When a case is settled or dismissed, counsel shall give notice to the Court Manager as soon as possible and submit a Non-suit or Agreed Judgment prior to the trial date so as to not interfere with the efficiency of trial date procedure and to provide parties in other trial cases as much advance notice as possible.

Page 5 | Rule 2.23 Settlements

If the case has not been filed, attorneys must notify the Court, County Clerk, and County Attorney’s Office by email.

If the case has not been filed, attorneys are required to notify the Court, the County Clerk, and the County Attorney’s Office by email.

Page 8 | Rule 5.13 Appearance of Defendants and Counsel

If an interpreter is needed for arraignment or the pre-trial hearing, defense counsel must email the Court Manager a request at least 48 hours before each setting.

If an interpreter is required for Arraignment or Pre-Trial Hearing, then counsel for Defendant is required to notify the Court Manager by email at least 48 hours before each setting with their request to ensure a remote interpreter can be scheduled with the Office of Court Administration.

Page 8 | Rule 5.14 Interpreters

If the other-court case is passed, continued, or disposed of before or during the week of trial here, the attorney must immediately notify the Court and opposing counsel.

In the event the case in the other court is passed, continued or disposed prior to or during the week in which the case is set for trial in this Court, the attorney shall immediately notify the Court and opposing counsel of such fact.

Page 9 | VI. RULES APPLICABLE TO ALL CASE TYPES

At the Docket Control Conference, each attorney must disclose to the Court Manager or Judge conflicting engagements that may interfere with a trial setting or hearing.

Each attorney shall be responsible for disclosing to the Court Manager or Judge any conflicting engagements of counsel that may interfere with a trial setting or hearing at the Docket Control Conference.

Page 9 | VI. RULES APPLICABLE TO ALL CASE TYPES

Proposed jury charges must be emailed to the Court Manager when the parties cannot agree.

If the parties cannot agree, then each side shall prepare their own proposed jury charge and submit it to the Court in an editable format via email to the Court Manager and opposing counsel by email.

Page 10 | VI. RULES APPLICABLE TO ALL CASE TYPES

Officers of the Court must immediately notify the Court Manager of a known advance security concern, or notify the Bailiff if it arises immediately before, during, or after a hearing.

If a security concern is known in advance then officers of the Court must immediately notify the Court Manager of the concern. If the issue arises immediately before, during, or after a hearing, then notice shall be made to the Bailiff.

Page 13 | X. COURTROOM SECURITY

Docket Control Conferences are held by telephone; the Court Manager notifies attorneys and self-represented parties of the date and time and designates who must arrange the call.

Docket Control Conferences will be held by telephone call. The Court Manager will notify all attorneys of record and pro se parties of the date and time of the conference call, and will designate the party responsible for arranging the call.

Page 2 | II. CIVIL CASES, Rule 2.12 Docket Control Conference

Request a submission date from the Court Manager.

A submission date will be given upon request made to the Court Manager.

Page 4 | Rule 2.20 Motions for Summary Judgment

Request a hearing or submission date from the Court Manager by email.

A hearing or submission date will be given upon request made to the Court Manager by email.

Page 4 | Rule 2.17 Disposition Motions and Other Preliminary Matters

Counsel must direct objections, arguments, and other comments to the Judge or jury, not opposing counsel.

All objections, arguments and other comments by counsel shall be directed to the Judge or jury and not to opposing counsel.

Page 12 | Rule 9.15 Conduct of Attorneys

Attorneys should follow the letter and spirit of the ethical canons, including those concerning media discussions of cases and improper ex parte communications with the Judge.

Attorneys should observe the letter and spirit of all canons of ethics including those dealing with discussion of cases with representatives of the media and those concerning improper ex parte communications with the Judge.

Page 12 | Rule 9.12 Appropriate Communications

Attorneys should not approach the bench without leave and must not lean on it or place papers or books on it without permission.

Attorneys should not approach the bench without leave of the Court and must never lean on the bench, stack papers or place books on the bench without permission.

Page 12 | Rule 9.15 Conduct of Attorneys

Any party may request that a contested civil case be set through a Docket Control Conference arranged through the Court Manager’s office.

Contested civil cases may be set by request from any party by Docket Control Conference through the Court Manager’s office.

Page 2 | II. CIVIL CASES, Rule 2.11 Settings

Any party or the Court may request a setting for an uncontested civil case through the Court Manager’s office, using email, letter, or a Motion to Set.

Uncontested civil cases may be set upon request to the Court Manager’s office from any party or by the Court. Such request may be made by email, by letter, or by Motion to Set.

Page 2 | II. CIVIL CASES, Rule 2.11 Settings

The Court Manager should be contacted by email if a hearing is desired.

The Court Manager should be contacted by email if a hearing is desired.

Page 4 | Rule 2.19 Motions for Default Judgment

Pleas will be accepted at anytime convenient to the parties and the Court. You may contact the Court Manager by email to request a hearing date.

Pleas will be accepted at anytime convenient to the parties and the Court. You may contact the Court Manager by email to request a hearing date.

Page 8 | Rule 5.11 Pre-Trial Hearing & Plea Deadline

Common questions about Aransas County Court at Law rules

Are courtesy copies required in Aransas County Court at Law?

Courtesy-copy rule applies for summary judgment. Details: delivery prior to submission date. Courtesy copies of summary-judgment motions, responses, and replies must be mailed or emailed to the Judge before the submission date.

View ruleSource: page 4, section Rule 2.20 Motions for Summary Judgment

Does Aransas County Court at Law require a pre-motion conference or letter before filing a motion?

Movant shall attempt to contact opposing counsel, or pro se party, prior to filing the motion and include a statement to indicate whether they are, or are not, in agreement with the requested continuance.

View ruleSource: page 9, section VI. RULES APPLICABLE TO ALL CASE TYPES

What formatting rules apply to filings in Aransas County Court at Law?

Aransas County Court at Law's formatting rule includes the proposed jury charge must be submitted in an editable format.. Each side’s proposed jury charge must be submitted in an editable format if the parties cannot agree.

View ruleSource: page 10, section VI. RULES APPLICABLE TO ALL CASE TYPES

What must be included with ex parte application filings in Aransas County Court at Law?

An application for ex parte relief must state whether the opposing party is represented by counsel and, if so, identify counsel.

View ruleSource: page 3, section Rule 2.13 Ex Parte Relief

What must be included with witness list filings in Aransas County Court at Law?

Each party must provide a witness list with contact information and an exhibit list to opposing counsel by the Pre-Trial Hearing; witnesses or exhibits may otherwise be excluded absent Court permission for good cause.

View ruleSource: page 3, section Rule 2.16 Pre-Trial Motions and Hearing

How may parties contact Aransas County Court at Law?

When a case is settled or dismissed, counsel must notify the Court Manager as soon as possible.

View ruleSource: page 5, section Rule 2.23 Settlements

How do I request an adjournment or extension in Aransas County Court at Law?

The request must include reason for request. Grounds for continuing a trial setting must be presented at least 10 days before trial or at the Pre-Trial Conference, unless the Court permits otherwise for good cause.

View ruleSource: page 9, section VI. RULES APPLICABLE TO ALL CASE TYPES

Is electronic filing required in Aransas County Court at Law?

Yes. Electronic filing is required for the covered filings. When the case has been filed, attorneys must e-file an appearance upon being retained.

View ruleSource: page 8, section Rule 5.13 Appearance of Defendants and Counsel

What filing deadlines does Aransas County Court at Law set?

A party may file a written objection stating a reasonable basis within 10 days after notice of referral; the Judge will promptly set it for hearing.

View ruleSource: page 4, section Rule 2.21 Motions for Referral of Disputes to Alternative Dispute Resolution

What rule applies to serving all parties in Aransas County Court at Law?

Details: recipient: all parties, timing: before hearing. Parties must present exceptions, motions, and dilatory pleas to all other parties at least 7 days before the Pre-Trial Hearing; late matters are barred unless the Court permits them for good cause.

View ruleSource: page 3, section Rule 2.16 Pre-Trial Motions and Hearing
Complete rules summary for Aransas County Court at Law

Any party or the Court may request a setting for an uncontested civil case through the Court Manager’s office, using email, letter, or a Motion to Set.

The requesting party must send notice of a Motion to Set or setting request to all other counsel in the case.

Any party may request that a contested civil case be set through a Docket Control Conference arranged through the Court Manager’s office.

Docket Control Conferences are held by telephone; the Court Manager notifies attorneys and self-represented parties of the date and time and designates who must arrange the call.

An application for ex parte relief must state whether the opposing party is represented by counsel and, if so, identify counsel.

Parties must present exceptions, motions, and dilatory pleas to all other parties at least 7 days before the Pre-Trial Hearing; late matters are barred unless the Court permits them for good cause.

Each party must provide a witness list with contact information and an exhibit list to opposing counsel by the Pre-Trial Hearing; witnesses or exhibits may otherwise be excluded absent Court permission for good cause.

Witness and exhibit lists must be presented to opposing counsel at or before the Pre-Trial Hearing; the Court may allow witnesses or exhibits at trial for good cause.

Request a hearing or submission date from the Court Manager by email.

The requesting party must notify all parties of the hearing or submission date and certify to that notice when submitting the motion.

The requesting party must certify notice of the hearing or submission date when submitting the motion.

After the defendant’s appearance date has passed, a motion for entry of default judgment may be filed with a proposed judgment.

The Court Manager should be contacted by email if a hearing is desired.

Request a submission date from the Court Manager.

The moving party must notify all parties of the summary-judgment submission date and certify to that notice when submitting the motion.

The moving party must certify notice of the submission date when submitting the summary-judgment motion.

Courtesy copies of summary-judgment motions, responses, and replies must be mailed or emailed to the Judge before the submission date.

A case with no proceedings or activity during the previous six months may be subject to dismissal for want of prosecution.

A party may file a written objection stating a reasonable basis within 10 days after notice of referral; the Judge will promptly set it for hearing.

A written objection to referral must state a reasonable basis for the objection.

Counsel are expected to engage in good-faith negotiations under the Texas discovery and deposition rules.

Discovery, protection, interrogatory-quashing, and sanctions motions may be heard at any time, subject to Rule 2.18.

Discovery motions and requests for discovery hearings must contain a Certificate of Conference under Texas Rule 191.2.

When a case is settled or dismissed, counsel must notify the Court Manager as soon as possible.

When a case is settled or dismissed, counsel must submit a Non-suit or Agreed Judgment before the trial date.

The Non-suit or Agreed Judgment must be submitted before the trial date when a case is settled or dismissed.

Child support payments are to be ordered withheld from the obligor’s earnings.

Any child-support income-withholding order must be accompanied by the obligor’s employer name and address.

At the commencement of family law cases other than adoptions, the completed VS-165 form must be filed with the original petition.

The completed VS-165 form must be filed with the original petition at the commencement of family law cases other than adoptions.

More Judges in Aransas County Court at Law

Ray A. Garza
Judge
Richard Bianchi
Judge