Aransas County Court at Law Document Filing Requirements

CRITICAL

Applies to

Proposed jury charge

If the parties cannot agree on a jury charge, each side must prepare its own proposed charge and submit it to the Court in an editable format by email to the Court Manager and opposing counsel.

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.

CRITICAL

Applies to

Sworn inventory

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

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.

CRITICAL

Applies to

Motion

A trial interpreter must be requested by motion 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.

CRITICAL

Applies to

Sworn inventory

Each party must exchange a sworn inventory with the other parties and file it with the court.

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.

CRITICAL

Applies to

Certificate of completion

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

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.

CRITICAL

Applies to

Application to probate lost will

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.

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.

CRITICAL

Applies to

Ex parte application

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

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.

CRITICAL

Applies to

Affidavit waiving citation

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

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.'

CRITICAL

Applies to

Motion

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

CRITICAL

Applies to

Withdrawal motion

If the client consents to withdrawal, the motion must include the client’s signature.

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

CRITICAL

Applies to

Written objection

Anyone objecting to probate of the lost will must file a written objection with the Clerk.

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

CRITICAL

Applies to

Withdrawal motion

If the client does not consent to withdrawal, a hearing must be set on the motion.

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

CRITICAL

Applies to

Application and will

When an attorney ad litem needs to be appointed, the applicant must provide the Clerk copies of the application and will for the attorney ad litem.

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

CRITICAL

Applies to

Summary judgment motion

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

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

CRITICAL

Applies to

Written concurrence

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.

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”).

CRITICAL

Applies to

Income withholding order

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

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

CRITICAL

Applies to

Petition

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.

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.

CRITICAL

Applies to

Original setting notice

The original setting notice must include both the Pre-Trial Hearing & Plea Deadline and arraignment settings.

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

CRITICAL

Applies to

Witness list

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.

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.

CRITICAL

Applies to

Original petition

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

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.

CRITICAL

Applies to

Settlement or dismissal

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

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.

CRITICAL

Applies to

Affidavit of indigence

A defendant who cannot afford an attorney but wants representation must complete an Affidavit of Indigence.

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

CRITICAL

Applies to

Citation

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.

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.

CRITICAL

Applies to

Discovery motion or hearing request

Must include

certificate of conference

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

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.

CRITICAL

Applies to

Citation

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

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.

CRITICAL

Applies to

Child support order

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

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

CRITICAL

Applies to

Adr referral objection

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

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.

CRITICAL

Applies to

Withdrawal motion

If no substitute attorney will appear, the withdrawal motion must state that the party received a copy, was notified in writing of the right to object, whether the party consents, the party’s last known address, and all pending settings and deadlines.

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.

CRITICALCivil cases

Applies to

Petition

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.

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.

CRITICAL

Applies to

Withdrawal motion

An attorney of record may withdraw only after presenting a motion and obtaining an Order Granting Leave to Withdraw from the Court.

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.

CRITICALCivil cases

Applies to

Certificate of completion

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

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.

CRITICAL

Applies to

Proposed property division

Attorneys and pro se parties must submit a proposed property division, including separate property, to the Court and opposing counsel 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.

WARNING

Applies to

Waiver of arraignment

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.

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.

WARNING

Applies to

Citation or waiver of citation

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.

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.

WARNING

Applies to

Jury charge

The parties should prepare and submit an agreed jury charge, including reasonably anticipated questions and instructions, at least five days before 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.

WARNING

Applies to

Default judgment motion

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

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.

WARNING

Applies to

Continuance motion

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.

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.

INFO

Applies to

Affidavit waiving citation

Attorneys are not required to use the attached sample affidavit waiving citation, but the Court prefers that they use it to ensure all necessary information is included.

'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.