Archer County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Defendant email address

Each bail-bond surety is responsible for the defendant's arraignment appearance and must provide the defendant's email address to the Court before the defendant's first appearance.

Each surety on a defendant=s bail bond shall be responsible for the appearance of the defendant at arraignment and shall provide the defendant=s email address to the Court prior to his or her first appearance.

CRITICAL

Applies to

Bankruptcy conclusion notice

Counsel must provide a copy of the order concluding the bankruptcy case.

shall provide a copy of such bankruptcy order

CRITICAL

Applies to

Temporary orders form

All counsel and parties must sign one completed temporary-orders form before leaving court and file its original with the District Clerk after Court approval.

Whether or not agreement is reached, all counsel and parties shall sign one completed temporary orders form before leaving court and file the original of that form with the District Clerk after the same is approved by the Court.

CRITICAL

Applies to

Temporary support financial disclosures

For temporary-support matters, each party must furnish specified income, tax, earnings, and financial-statement documents to the Court and opposing counsel or a pro se party.

(e) In all cases in which temporary support of a spouse and/or a child or children is in issue, each party shall be required to furnish to the Court and to opposing counsel or prose party: (I) A statement of monthly income and expenses similar to that available on the Court's website. (ii) Copies of that party=s federal income tax return for the two (2) calendar years prior to the temporary orders hearing; (iii) All payroll statements, pay stubs, W-2 forms, and 1099 forms which evidence the party=s earnings for the calendar year prior to the temporary orders hearing and from January I of the current year through the date of the temporary orders hearing; (iv) Copies of all financial statements filed by that party with a financial institution in the two (2) years prior to the hearing.

CRITICAL

Applies to

Items described in texas rule 166 k

Items described in Texas Rule of Civil Procedure 166(k) must be presented at the Final Pretrial Conference; untimely submission may result in specified pretrial requests or charge objections being refused or denied.

All items described in the Texas Rules of Civil Procedure l 66(k) shall be presented to the Court at the Final Pretrial Conference. Failure to timely submit may be grounds for refusal of any requested pretrial question, definition or instruction or the denial of objections to the charge.

CRITICAL

Applies to

Order

An order submitted for approval that contains child-support provisions must be accompanied by a conforming medical support order.

Every order submitted to the Court for approval which contains provisions for child support shall be accompanied by a medical support order in conformance with the requirements of Texas Family Code Sec. 154.181, as amended

CRITICAL

Applies to

Plea papers

Plea papers must be completed and sworn before counsel and the defendant appear, except papers that must be signed in open court.

( c) All plea papers, except those actually required to be signed before the Judge in open court, shall be fully completed and sworn to prior to the appearance of counsel and the Defendant before the bench or within the bar of the court.

CRITICAL

Applies to

Bankruptcy notice

The bankruptcy notice must identify the bankruptcy court, case, filing date, and counsel for the bankrupt.

giving the name and location of the bankruptcy court, the bankruptcy cause and case number and style of the case, the date of filing and the name and address of counsel for the bankrupt.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A motion missing the required certificate may not be set for hearing until the certification is filed.

Any motion omitting such certificate shall not be set for hearing until such certification has been filed.

CRITICAL

Applies to

Proposed division of community estate and proposed support decision

Before a contested-property final divorce hearing, counsel and each pro se party must present a document listing the requested property awards and information for calculating support.

Counsel for each party and each pro se party shall present to the Court prior to the final divorce hearing in which property division is contested, a document containing the following infmmation: (a) Community assets requested to be awarded to each of the respective parties; (b) Community liabilities requested to be awarded to each of the respective parties; (c) Assets or liabilities requested to be confirmed to each of the respective parties as separate property; and (d) Information for calculating support.

CRITICAL

Applies to

Indigency and appointment of counsel forms

The Court will not consider a defendant's request for appointed counsel unless the required forms are fully completed.

Full completion of these forms shall be an absolute requirement before a request for appointment of an attorney by a defendant will be considered by the Court.

CRITICAL

Applies to

Request for issuance

Requests for the listed writs, citations, notices, precepts, show-cause notices, and temporary restraining orders must be filed with the District Clerk using the specified Court website form.

Requests for issuance of writs, citation, citation for expedited foreclosure , any notice, precept, show cause notice or temporary restraining order shall be filed with the District Clerk using the form "E-Filing Request for Issuance" available on the Court's website.

CRITICAL

Applies to

Jury trial announcement

All announcements must be addressed to the District Court Coordinator at the address in the Court's Jury Docket Order.

( c) All announcements shall be addressed to the District Colllt Coordinator at the address provided in the Jury Docket Order of the Court.

CRITICAL

Applies to

Sworn inventory and appraisement

The required sworn inventory must itemize separate and community property, debts and liabilities, and property claimed to belong to the parties’ children.

(a) In all suits for the dissolution of marriage, each party shall file with the District Clerk, no later than thirty (30) days prior to the commencement of trial, a complete, itemized, sworn inventory and appraisement of all separate and community property owned or claimed by the parties to the matTiage, and all debts and liabilities owed by the parties. Any property claimed to belong to children of the marriage must also be listed in the inventory and appraisement.

CRITICAL

Applies to

Hearing

Before a hearing, counsel must ensure the District Clerk has the case file and docket sheet at the bench.

Counsel shall see that the District Clerk has the file and the docket sheet at the bench before the time set for hearing.

CRITICAL

Applies to

Ready announcement

A civil ready announcement must state that a bona fide settlement offer was rejected and that all reasonable settlement efforts were attempted.

(I) In a civil case, a statement that the announcing party has made a bona fide offer of settlement that has been rejected and that all reasonable efforts to settle have been attempted,

CRITICAL

Applies to

Motion

Must include

certificate of conference

All motions shall contain a certificate by the party filing the same that efforts to resolve the dispute without Court intervention have been attempted and failed.

All motions shall contain a certificate by the party filing the same that efforts to resolve the dispute without Court intervention have been attempted and failed.

CRITICAL

Applies to

Request for abstract of judgment or writ of execution

Requests for abstracts of judgment or writs of execution must be filed with the District Clerk using the specified Court website form.

Requests for issuance of Abstracts of Judgment and/or Writs of Execution shall be filed with the District Clerk using the form "E-Filing Request for Issuance of Abstract of Judgment and/or Writ of Execution" available on the Court's website.

CRITICAL

Applies to

Written order

The Court may permit a plea bargain with sentencing at a later date only if it enters a written order specifying the reappearance date and plea-bargain terms.

(e) The Court may, at its discretion, permit the entry of a guilty plea pursuant to a plea bargain agreement which provides that the defendant will appear at a later date for sentencing, but only in those instances where the Court enters a written order setting for the specific date for re-appearance by the Defendant and the specific terms of the plea bargain.

CRITICAL

Applies to

Formal temporary orders

Counsel must retain a copy of the completed form and file a copy with the formal Temporary Orders.

All counsel shall retain a copy of the completed form and file a copy of it with the Court with the formal Temporary Orders.

CRITICAL

Applies to

Discovery motion

Defense counsel may not move for discovery of material the State must provide unless it has not been provided when the motion is filed.

Defense counsel shall not file discovery motions seeking material which the State is obliged to provide under the Texas Rules of Criminal Procedure unless such material has not been provided at the time of the motion.

CRITICAL

Applies to

Mediator appointment order

In civil cases, including family law cases, where either counsel estimates the final hearing will take more than two hours, mediation by a trained mediator is required before the hearing, and the parties must submit an order appointing an agreed mediator and stating a final mediation-completion date.

In all civil cases, including Family Law Cases, in which the final hearing is estimated by either counsel to require more than two hours to complete, the Court requires Mediation to be conducted by a trained mediator prior to the final hearing. Parties shall submit an order appointing an agreed-upon mediator with a final date for the completion of mediation stated.

CRITICAL

Applies to

Income withholding order or writ

Anyone presenting an income-withholding order or writ must also submit the specified e-Filing Request to the District Clerk.

All persons presenting said order or writ for income withholding shall also submit an "e-Filing Request for Issuance for an Order Withholding to Employer's' to the District Clerk, available on the Court's website.

CRITICAL

Applies to

Final order

A final order submitted for approval that contains child-support provisions must be accompanied by an income-withholding order or writ.

Every final order submitted to the Court for approval which contains provisions for child support shall be accompanied by an order or writ for income withholding in accordance with Chapter 158, Texas Family Code, as amended.

CRITICAL

Applies to

Child support deduction statement

Counsel or a pro se party seeking deductions from gross income must prepare a statement identifying the deductions and explaining why they should be allowed.

Each counsel or prose party shall also prepare a written statement showing any items for which a deduction from gross income (except Social Security tax and income tax withheld) is sought, including a written statement of the reasons such deduction should be allowed by the Court.

CRITICAL

Applies to

Mediator appointment order

If the parties cannot agree on a mediator, one or more parties must notify the Court and submit an order allowing the Court to appoint one.

If the parties cannot agree upon a mediator, one or more of the parties shall notify the Court of this inability and submit an order which allows the Court to appoint a mediator in the order.

CRITICAL

Applies to

Child support income statement

Parties in child-support actions must file a statement of all adult parties’ gross income for the preceding three years and three months.

All parties in an action involving child support shall file with the Court a written statement setting forth the accurate gross income of all adult parties to the proceeding for the preceding three (3) calendar years and the preceding three (3) calendar months.

CRITICAL

Applies to

Divorce or annulment decree or order

At the conclusion of a divorce or annulment, except an adoption, the party submitting the decree or order must simultaneously present a completed specified form; the form title is truncated in the source.

At the conclusion of all divorces/annulments (with or without children) excluding adoptions, the party submitting a decree or order to the Court must also present, at the same time, a completed form entitled Alnformation on Suit Affecting the Family Relationship (Excluding

CRITICAL

Applies to

Exhibit objection

Objections to exhibits must be presented in writing at the Final Pretrial Conference.

any objections to such exhibits shall be presented, in writing, at the Final Pretrial Conference.

CRITICAL

Applies to

Adoption order submission

When presenting a signed final adoption order to the District Clerk, the Petitioner must also present a completed Certificate of Adoption.

The Petitioner, upon presenting a signed copy of a final order for adoption to the District Clerk shall, at the same time, present a completed Certificate of Adoption.

CRITICAL

Applies to

Bench warrant notice

Attorneys must notify the Court at least seven days before trial if a bench warrant is necessary.

(d) Attorneys must notify the Court at least seven (7) days prior to the date of jury trial if a bench warrant is necessary.

CRITICAL

Applies to

Not ready announcement

A not-ready announcement must give specific reasons and include a detailed, proper motion for continuance.

All announcements of "not ready" must state specific reasons therefore and shall be accompanied by a detailed and proper motion for continuance.

CRITICAL

Applies to

Temporary orders hearing

The Court’s temporary-orders short form must be used at every temporary-orders hearing.

A temporary orders short form available on the Court's website and from the District Clerk=s Office shall be used in every temporary orders hearing

CRITICAL

Applies to

Pending criminal cases list

Within three days after an indictment is returned, the District Attorney must furnish the Coordinator a list identifying the affected pending cases, each accused’s custody or bail status, and the names and addresses of the accused, attorney, and bondsman.

After an indictment is returned, the District Attorney shall, within three (3) days thereafter furnish the District Court Coordinator with a list of all pending criminal cases in each county that have been indicted at the session of the Grand Jury in which the indictment was returned, indicating whether the accused is in custody, is free on bail or is a fugitive. Each such list shall contain the names and address of the accused, his or her attorney and his or her bondsman.

CRITICAL

Applies to

Waiver of arraignment

The defendant and counsel must appear in person for arraignment unless counsel files a written waiver of arraignment of record before the scheduled date.

Each defendant and counsel, if any, shall appear in person for arraignment unless prior to the date set for arraignment, counsel has appeared of record by filing a written waiver of arraignment.

CRITICAL

Applies to

Temporary orders

the party seeking such temporary orders hearing shall include the following language in the temporary orders: All parties to this action shall file with the District Clerk and serve all counsel or prose parties with a written statement accurately showing the gross income of each party hereto for the preceding three (3) calendar months and the preceding three (3) calendar years by at least the day preceding the hearing on temporary orders.

the party seeking such temporary orders hearing shall include the following language in the temporary orders: All parties to this action shall file with the District Clerk and serve all counsel or prose parties with a written statement accurately showing the gross income of each party hereto for the preceding three (3) calendar months and the preceding three (3) calendar years by at least the day preceding the hearing on temporary orders.

CRITICAL

Applies to

Jury trial announcement

Jury-trial announcements must state whether counsel is ready or not ready and estimate the time required to try the case.

All counsel shall file announcements of "ready" or "not ready" shall be received by the District Court Coordinator in writing at least ten ( 10) days prior to the first day of jury term, according to the requirements of Local Rue 4.7(h); announcements shall also state an estimate of the time required to try the case.

CRITICAL

Applies to

Support order

Support decrees, judgments, and orders must state the manner and place of payment and include the SDU’s proper address.

All decrees, judgments and orders for support shall include provisions stating the manner and place of payment in compliance with the Local Rules and shall include the proper address of the SDU.

CRITICAL

Applies to

Discovery motion

Requests for matters not addressed or provided in the State's Disclosure document must be made in a separate, specific motion identifying each item sought.

Any matters requested by defense counsel which are not addressed or provided in a State's Disclosure document filed with the Court shall be requested by a specific, separate motion identifying each item or thing sought.

CRITICAL

Applies to

Jury term announcement

Each attorney in charge must make a written ready-or-not-ready announcement for each case at least ten full days before the jury term begins.

Written announcements of "ready" or "not ready" must be made by each attorney in charge in each case and received by the District Court Coordinator at least ten (I 0) full days prior to the first day of the jury term.

CRITICAL

Applies to

Child support calculation statement

Counsel or a pro se party must file a statement calculating the amount of child support sought.

Each counsel or pro se party shall also file with the Court a written statement setting forth his calculation of the amount of child support sought to be ordered by the Court in that proceeding.

CRITICAL

Applies to

Composite inventory and appraisement

After the parties file their sworn inventories, they must file a composite inventory in a form substantially similar to the Court’s website version.

After each party=s sworn inventory and appraisement has been filed, the parties shall file a composite inventory and appraisement in a form substantially similar to that on the Court's website.

CRITICAL

Applies to

Motion

Defense counsel must comply with all motion-practice requirements, and a noncompliant motion will be treated as not filed.

All requirements of motion practice shall be strictly adhered to by defense counsel. Motions not complying with these Rules and governing statute shall be treated by the Court as if no motion has been filed.

CRITICAL

Applies to

Scheduling order modification request

A request to modify an approved Scheduling Order must be in writing, approved by the Court, and filed in the case.

Any request for modification of the requirements of an approved Scheduling Order must be in writing, approved by the Court and filed in the case.

CRITICAL

Applies to

Setting request

Must include

certificate of service

A setting request must identify the type and estimated duration of the proceeding, disclose unresolved discovery or pretrial matters, and certify delivery to opposing counsel and pro se parties.

The request shall: (a) Advise that the case is either a hearing, a non-jury trial or a jury trial and state the estimated time of the entire hearing, non-jury trial or jury trial; (b) Advise which, if any, discovery and other pretrial matters remain unresolved; and ( c) Certify that a copy of the request has been delivered to all opposing counsel and pro se parties.

CRITICAL

Applies to

Subpoena

Witness subpoenas must be processed through the District Clerk's Office using the specified e-Filing Request form.

Subpoenas for witnesses must be processed through the Office of the District Clerk using the form e-Filing Request for Issuance of a Subpoena.

CRITICAL

Applies to

Agreed scheduling order

An agreed scheduling order must state that counsel and/or pro se parties are familiar with the Court's Local Rules and that the order conforms to the time standards of the Rules of Judicial Administration.

Such an agreed order must contain a statement that all counsel and/or prose parties are familiar with the Court's Local Rules and the same must conform to the time standards of the Rules of Judicial Administration,

CRITICAL

Applies to

Ready announcement

A written ready announcement must estimate trial length, confirm that pretrial matters and requirements are complete, and certify the signer’s role and the truth of the information.

All written announcements of "ready" shall contain the following information: (ii) An estimate of the time required for trial, (iii) A statement that all pretrial matters have been disposed of and that all pretrial orders and the Local Rules have been complied with. (iv) A certificate that the person signing the announcement is the attorney in charge of the case and that the information set out therein is true.

CRITICAL

Applies to

Request for order of sale

Requests for orders of sale must be filed with the District Clerk using the specified Court website form.

Requests for Orders of Sale shall be filed with the District Clerk using the form "e-Filing Request for Issuance for an Order of Sale" available on the Court's website.

CRITICAL

Pro se litigants must provide the contact information required by Rule 57 of the Texas Rules of Civil Procedure.

Pro se litigants are required to provide contact in formation in Rule 57 of the Texas Rules of Civil Procedure