Aransas County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Inventory
- At Time of Hearing
Motion, Response, Reply
- Mail • Prior to Submission Date
Adjournments
- Grounds for continuing a trial setting should be presented to the Court at least ten days before the setting, at docket call or the Pre-Trial Conference.
Communication
Phone
Document Format Requirements1 rule
To the extent possible, counsel should pre-mark all items to be introduced into evidence for identification.
Court's wording
Insofar as is possible, counsel for the party shall pre-mark for identification all items to be introduced into evidence and further shall notify the Court as to those items upon which counsel can agree may be admitted into evidence without objection.
Document Filing Requirements18 rules
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
If the Petitioner has not attached the order, the Clerk must ensure it is attached to the petition and every copy presented when the petition is filed.
Court's wording
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.
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.
The Administrator will prepare a Docket Control Order and the Court will sign the same which recites any action taken or agreements reached at the scheduling conference, and such order when entered, shall control the subsequent course of the action.
A written objection to an ADR referral must set forth a reasonable basis for the objection.
Court's wording
Any party may, within ten (10) days after receiving notification of a 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 and resolution.
When an attorney settles or dismisses a case which is set for trial, he shall give notice to the Court Administrator as soon as possible and submit a written dismissal or judgment forthwith.
A jury charge, with questions and instructions that may be reasonably anticipated should be prepared and submitted to the Court at pre-trial hearing, or at least seven (7) days in advance of trial, whichever is earlier.
The name and address of the obligor's employer must accompany any order for withholding from income for child support.
Each inventory must list property values and liabilities, including arrears, securing property, and the creditor's name.
Court's wording
Each inventory shall list the value of each item of property and shall list each liability, the number of periodic payments in arrears, if any, the property securing its payments, and the name of the creditor.
In all cases requiring a division of property and/or liabilities, the husband and wife shall each file with the court and exchange between themselves, sworn inventories.
Child support payments are to be ordered withheld from the obligor's earnings.
Each attorney shall submit a proposed property division, including property claimed or recognized as separate property, to the Court and opposing counsel not later than the commencement of trial.
Any property or liability claimed to be separate shall be so characterized.
At the conclusion of any trial on family law cases, the appropriate BVS forms and information on child (suit affecting parent-child relationship forms) shall be filled out and a decree prepared and presented to the Court forthwith.
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.
Such motion shall be accompanied by the client's written consent to such withdrawal or pursuant to Texas Rules of Civil Procedure.
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) 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.
After the appearance date of the defendant in a case has passed, a written request for entry of a Default Judgment may be made, and a form of judgment presented, together with any affidavits as to unliquidated parts of such claim.
Filing & Service rules
Filing Timing and Cure Windows
A party may file a written objection within ten days after notice of an ADR referral; the objection must state a reasonable basis.
Any party may, within ten (10) days after receiving notification of a 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 and resolution.
Page 12 | Rule 3.16 Motions for Referral of Disputes or Alternative Dispute Resolution Procedures.
The jury charge must be submitted by the earlier of the pretrial hearing or at least seven days before trial.
A jury charge, with questions and instructions that may be reasonably anticipated should be prepared and submitted to the Court at pre-trial hearing, or at least seven (7) days in advance of trial, whichever is earlier.
Page 14 | Rule 3.21 Jury Charges
In criminal cases, a motion for a court-appointed interpreter must be filed at pre-trial or earlier as provided by the Code of Criminal Procedure.
In criminal cases, a motion for a court appointed interpreter shall be filed at pre-trial or earlier as provided in the Code of Criminal Procedure.
Page 17 | 5.12 Court Appointed Interpreters
Orders and judgments must be submitted to the Court for entry within seven days after the hearing or the Court’s 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 23 | Rule 9.11 Judgment and Orders
A case with six months of inactivity may be dismissed for want of prosecution if no request for trial is made within 15 days after notice, or within another time prescribed by Rule 165a.
If there have been no proceedings or activity in any case during the previous six (6) months, the Cause may be subject to dismissal for want of prosecution in accordance with Rule 165a of the Texas Rules of Civil Procedure. The Clerk will send notice of Intention to Dismiss such case to each of the attorneys in the case and if no request for trial is made after fifteen (15) days or such other time as may be prescribed by Rule 165a, the Cause may be dismissed.
Page 9 | Rule 2.18 Dismissal Docket: Involuntary Dismissal
After the appearance date of the defendant in a case has passed, a written request for entry of a Default Judgment may be made, and a form of judgment presented, together with any affidavits as to unliquidated parts of such claim.
After the appearance date of the defendant in a case has passed, a written request for entry of a Default Judgment may be made, and a form of judgment presented, together with any affidavits as to unliquidated parts of such claim.
Page 11 | Rule 3.14 Motions for Default Judgment.
Retainer notice must be given to the Clerk before the listed court dates; otherwise, the Court may appoint counsel and the client may have to pay for the services.
If such retainer notice is not given to the Clerk prior to the dates of hearing, pre-trial hearing, arraignment, announcement or trial, the Court may make an appointment from among the attorneys available to the Court for appointment and the client may be required to pay for such services.
Page 17
Service and Proof of Service Rules
Notice of a Motion to Set or setting request must be mailed to all other counsel in the case.
Notice of such Motion or request shall be mailed to all other counsel in the case.
Page 7 | Rule 2.14 Request for Settings
Filing Fees and Waivers
The Clerk’s deposit-for-costs requirement must be met before the severed claim is filed as a new case.
Before the severed claim is filed as a new case, the Clerk's requirement concerning deposit for costs shall be met.
Page 11 | Rule 3.12 Motions for Severance.
Courtesy Copy Requirements
Courtesy copies of all summary-judgment motions, responses, and replies must be mailed to the Judge before the submission date.
Courtesy copies of all motions, responses and replies shall be mailed to the Judge prior to the submission date.
Page 12 | Rule 3.15 Motions for Summary Judgment.
A courtesy copy of the inventory must be provided to the Court at the hearing.
A courtesy copy of the inventory shall be provided to the Court at the time of hearing.
Page 15 | Rule 4.11 Property Division
Pre-Motion Conference Requirements
Summary-judgment motions are set by submission only unless the Court approves otherwise.
All motions for summary judgment will be set by submission only unless otherwise approved by the Court.
Page 12 | Rule 3.15 Motions for Summary Judgment.
Counsel are expected to engage in good-faith negotiations under the Texas Rules of Civil Procedure 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 12 | Rule 3.17 Discovery Motions.
Requests for hearings on discovery, protection, motions to quash interrogatories, or sanctions may be heard at any time in any county where the judge with jurisdiction can hear them.
Requests for hearings on motions for discovery, for protection, to quash interrogatories or requests for sanctions may be heard at any time, in any county in which the Judge having jurisdiction of the case can hear the same.
Page 12 | Rule 3.17 Discovery Motions.
Adjournment & Extension Requirements
Upon granting a Motion for Continuance, a setting conference shall immediately be held and the Order granting such Motion for Continuance should contain an Order resetting the case for trial.
Upon granting a Motion for Continuance, a setting conference shall immediately be held and the Order granting such Motion for Continuance should contain an Order resetting the case for trial.
Page 11 | Rule 3.13 Motions for Continuance.
A motion to continue a trial setting, including a joint or agreed motion, cannot be granted without the Court’s consent.
No Motion for Continuance of a trial setting, including joint or agreed motions of all parties shall be granted without the Court's consent.
Page 11 | Rule 3.13 Motions for Continuance.
For a prescheduled trial date, an attorney must file a motion for continuance, which the judge may grant at their discretion.
If there is a prescheduled trial date a Motion for Continuance must be filed and said continuance may be granted at the discretion of the judge.
Page 20 | 8. ATTORNEYS DUTIES
Grounds for continuing a trial setting should be presented to the Court at least ten days before the setting, at docket call or the Pre-Trial Conference.
Any grounds for continuance of a trial setting should be presented to the Court at least ten (10) days prior to the trial setting at the call of the docket or at Pre-Trial Conference.
Page 11 | Rule 3.13 Motions for Continuance.
A tentative schedule in another court is not a ground for granting a continuance.
Tentative schedules in some other Court will not be grounds for granting a continuance.
Page 13 | Rule 3.19 Conflicting Engagements of Counsel
When a Motion for Continuance is made on the basis that counsel already has a trial setting in another court, such motion should state the court and cause number and style of the case pending elsewhere and should include the estimated length of time the attorney will be unavailable to this Court.
When a Motion for Continuance is made on the basis that counsel already has a trial setting in another court, such motion should state the court and cause number and style of the case pending elsewhere and should include the estimated length of time the attorney will be unavailable to this Court.
Page 13 | Rule 3.19 Conflicting Engagements of Counsel
For conflicting settings, the court with the earliest setting has preference, except criminal cases in all District Courts take priority over civil cases.
In case of such conflicting settings, the Court whose date of setting is the earliest has preference; except that criminal cases in all District Courts shall have priority over civil cases.
Page 14 | Rule 3.19 Conflicting Engagements of Counsel
If a setting is made after the Court Administrators receive a vacation letter, the attorney may request a reset from the Court Administrator without filing a motion for continuance.
If a setting is made after a vacation letter has been received by the Court Administrators said attorney may request a reset from the Court Administrator without a Motion for Continuance.
Page 20 | 8. ATTORNEYS DUTIES
Chambers Communication Rules
The party designated by the Court Administrators must arrange the conference call for its scheduled date and time.
The Court Administrators will designate the party who shall be responsible for arranging the conference call on the date and time scheduled by the Court Administrator.
Page 7 | Rule 2.14 Request for Settings
At a docket control or scheduling conference, each attorney must disclose conflicting engagements that may interfere with a trial setting.
At docket control or scheduling conference, each attorney shall be responsible for disclosing to the Court Administrator or Judge any conflicting engagements of counsel that may interfere with a trial setting.
Page 13 | Rule 3.19 Conflicting Engagements of Counsel
If the other case is passed, continued, or disposed of before or during the week of trial, the attorney must immediately notify the Court and opposing counsel.
In the event the case in the other Court is passed, continued or disposed of prior to or during the week in which the case is set for trial in these Courts, the attorney shall immediately notify the Court and opposing counsel of such fact.
Page 13 | Rule 3.19 Conflicting Engagements of Counsel
When settling or dismissing a case set for trial, an attorney must notify the Court Administrator as soon as possible.
When an attorney settles or dismisses a case which is set for trial, he shall give notice to the Court Administrator as soon as possible and submit a written dismissal or judgment forthwith.
Page 13 | Rule 3.18 Settlements
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 22
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.
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 22
Docket control conferences are held by telephone conference call unless otherwise specified.
Docket control conferences will be held by telephone conference call unless otherwise specified.
Page 7 | Rule 2.14 Request for Settings
Attorneys must notify the Court of any change in the status of a suspended case and respond to Court inquiries so the case can be heard or dismissed promptly.
The attorneys shall be responsible for notifying the Court of any change in the status of such case and respond to an inquiry from the Court in order that it may be expeditiously heard or dismissed.
Page 9 | Rule 2.19 Suspense Docket
If the parties want a default-judgment hearing, they should contact the Court Administrator to arrange an appropriate setting time.
If the parties desire a hearing for default judgment, the Court Administrator should be contacted for appropriate time for setting.
Page 11 | Rule 3.14 Motions for Default Judgment.
A submission date is provided upon request to the Court Administrator.
A submission date will be given upon request made to the Court Administrator.
Page 12 | Rule 3.15 Motions for Summary Judgment.
Insofar as is possible, counsel for the party shall pre-mark for identification all items to be introduced into evidence and further shall notify the Court as to those items upon which counsel can agree may be admitted into evidence without objection.
Insofar as is possible, counsel for the party shall pre-mark for identification all items to be introduced into evidence and further shall notify the Court as to those items upon which counsel can agree may be admitted into evidence without objection.
Page 14 | Rule 3.20 Witnesses/Exhibits
Attorneys must send the District Court Administrators vacation letters as soon as they know their vacation dates.
Vacation letters setting the days an attorney will be unavailable due to vacations shall be sent to the District Court Administrators as soon as attorneys know of vacation days.
Page 20 | 8. ATTORNEYS DUTIES
The Judge, the attorneys, and other officers of the Court will refer to and address other Court officers and other participants in the proceedings respectfully and impersonally, as by using appropriate titles and surnames rather than first names.
The Judge, the attorneys, and other officers of the Court will refer to and address other Court officers and other participants in the proceedings respectfully and impersonally, as by using appropriate titles and surnames rather than first names.
Page 21
Attorneys should follow the ethics canons 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 22
An uncontested non-jury civil case may be set for trial by requesting a setting from the Court Administrators' office using any appropriate method, including telephone, letter, or Motion to Set.
Uncontested non-jury civil cases may be set for trial upon request to the Court Administrators' office in Sinton, Texas. Such request may be made by telephone, by letter, by Motion to Set or in any other manner that may be appropriate.
Page 7 | Rule 2.14 Request for Settings
A contested non-jury or jury civil case may be set at a party's request or on the Court's own Motion through a scheduling or Docket Control Conference arranged through the Court Administrators' office.
Contested non-jury and Jury civil cases may be set by request from any party or upon the Court's own Motion by a scheduling or Docket Control Conference through the Court Administrators' office in Sinton.
Page 7 | Rule 2.14 Request for Settings