Atascosa County Court at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements11 rules
Hourly billing must include a complete out-of-court billing sheet, report time in tenths, and itemize investigation and expert-testimony charges as specified.
Court's wording
Hourly billing must be accompanied by the complete out-of-court billing sheet. Time spent performing the services must be reported in tenth hours, using percentages (i.e.; .1, .5 and .8). Billing for investigation must be broken down by specific cost and serviced rendered. Expert testimony must be itemized billing in a reasonable amount for services rendered.
Video evidence must be submitted on a USB device.
Documentary evidence, photos, or videos must be labeled and shared with the opposing participants.
Exhibits must also be labeled and emailed to opposing participants by 3:00 p.m. on the business day before the proceeding.
Exhibits must be submitted via the Zoom "chat" feature.
Participants shall submit testimonial evidence by giving oral testimony while physically present in the courtroom. Participants shall submit any physical evidence, documents, photos, or audio/video in person to the court.
Formatting
- •Testimonial evidence must be given orally while physically present in the courtroom
Participants shall submit any digital media evidence stored on a USB flash drive or an optical storage device that complies with Technology Standards approved by the Supreme Court.
Participants shall properly label and provide the opposing participants with copies of all the documents, photos, or audio/video files they intend to submit as evidence during the court proceeding.
Formatting
- •Documents, photos, or audio/video files intended as evidence must be properly labeled
Participants cannot submit physical evidence during a Zoom videoconference.
Participants shall submit testimonial evidence by appearing and giving oral testimony in the Zoom videoconference. Participants shall submit any documentary evidence, photos, or videos through the "chat" feature of the Zoom videoconference.
Formatting
- •Testimonial evidence must be given orally in the Zoom videoconference
Physical evidence will not be accepted.
Document Filing Requirements16 rules
The State must attach a copy of this Protective Order as the first page of any confidential documents released to defense counsel.
Court's wording
IT IS ORDERED that the State shall attach a copy of this Standing Protective Order as the first page of any confidential documents released to counsel for the Defendant or Respondent pursuant to this Order, so that all persons reviewing such documents are placed on notice of the restrictions governing their use and disclosure.
The petitioner shall file with the Court a certified copy of each child's birth certificate, if available to the petitioner, at the time of filing the petition.
If a certified copy of the child's birth certificate is not available to the petitioner, the petitioner shall: - State in the petition or in a separate affidavit that the certified copy is not available;
Mail Form DS-5542 with $50 fee to: U.S. Department of State, Vital Records Section 44132 Mercure Circle, P.O. Box 1213, Sterling, VA 20166-1213.
If not in English, attach a certified translation.
All requests made pursuant to this Order remain subject to the identification, verification, and documentation requirements of the Texas Department of State Health Services, Vital Statistics Unit.
The State must attach this Protective Order as the first page of confidential documents released to defense counsel under the Order.
Court's wording
IT IS ORDERED that the State shall attach a copy of this Standing Protective Order as the first page of any confidential documents released to counsel for the Defendant or Respondent pursuant to this Order, so that all persons reviewing such documents are placed on notice of the restrictions governing their use and disclosure.
The Petitioner must attach this order to the original petition and each copy; if not, the Clerk must ensure the order is attached when the petition is filed.
Court's wording
8.1. 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. The Clerk shall not be required to make a paper copy for the Clerk’s file and such orders are still incorporated therein.
A defendant who claims indigence and appointment of counsel shall complete a questionnaire concerning his financial resources and, if necessary, respond to examination by the Court. The questionnaire shall be in the form adopted by the District Judges.
Counsel must submit a timely written motion requesting an expert; setting out the factual basis for the request, describing the necessity of specific services to be rendered and
Counsel seeking compensation must submit a completed payment application with itemized services and time spent in one-tenth-hour intervals.
Court's wording
Counsel requesting compensation for representing an indigent criminal defendant must submit a completed application for payment detailing by itemized statements specifying services performed and time spent in 1/10 (1) hour intervals.
If for any reason counsel is required to discontinue representation, a Motion to Withdraw in compliance with the applicable rules shall be filed and heard.
Under Texas Rule of Civil Procedure 21 (b), notice of any court proceeding must state: 1. The location of the proceeding or instructions for joining electronically; 2. The Court's contact information; 3. The date, time, and type of proceeding; and 4. Instructions for submitting evidence.
If no party can obtain a certified copy, the Court may order a party to file alternative proof of the parents' identities, including the listed forms of evidence.
Court's wording
If a certified copy is not available to any party, the Court may order any party to file alternative proof of the identity of the child's parent or parents, which may include: - An Acknowledgment or Denial of Paternity; - A court order adjudicating parentage; - Results of a genetic test; or - Other reliable evidence establishing the parent-child relationship.
A foreign record may require an apostille or authentication certificate for use in Texas courts.
If a certified copy of the child's birth certificate is not available to the petitioner, the petitioner shall: - Be prepared to provide documentation showing reasonable diligence in attempting to obtain it.
Filing & Service rules
Electronic Filing Rules
For electronic filings of the covered sealed documents, the filer must select the “Sealed” document category in eFileTexas.
the filer shall select the "Sealed" document category in the eFileTexas system.
Civil cases
Page 1 | III. COURT ORDER AND REQUIREMENTS
Filing Timing and Cure Windows
The certified birth certificate must be filed at the time the petition is filed, if it is available to the petitioner.
The petitioner shall file with the Court a certified copy of each child's birth certificate, if available to the petitioner, at the time of filing the petition.
Civil cases
Page 1 | III. COURT ORDER AND REQUIREMENTS
The Court must appoint counsel for an indigent defendant within three business days after receiving the request.
The Court shall appoint counsel for an indigent defendant within three business days of receiving the request pursuant to Senate Bill 7.
Criminal cases
Page 1 | Order Adopting Local Rules for Appointment of Counsel in Criminal Cases and Schedule of Fees for Payment of Compensation to Appointed Counsel
The payment application is due at the guilty plea or, otherwise, within thirty days after disposition; late submission waives compensation.
If the case is disposed of by a plea of guilty, the application must be submitted to the Court at the time of the plea; otherwise, the application must be submitted within thirty days of the disposition of the case. Failure to timely submit the application shall constitute a waiver of compensation.
Criminal cases
Page 2 | Order Adopting Local Rules for Appointment of Counsel in Criminal Cases and Schedule of Fees for Payment of Compensation to Appointed Counsel
Service and Proof of Service Rules
In a covered noncompliant original suit, the District Clerk must issue and serve the Standing Order on the petitioner, using Rule 21a or personal hand delivery at filing.
The Atascosa County District Clerk shall issue and serve the petitioner with this Standing Order in any original suit affecting the parent-child relationship that does not comply with the filing requirement of Texas Family Code§ 102.008(c-1) regarding submission of the child's certified birth certificate or alternative proof of parentage. Service may be made in accordance with Rule 21a or by personal hand delivery to the petitioner or petitioner's attorney at the time of filing.
Civil cases
Page 4 | VI. ISSUANCE AND SERVICE OF THIS STANDING ORDER
Documentary evidence, photos, and videos must be shared with opposing participants.
Documentary evidence, photos, or videos must be labeled and shared with the opposing participants.
Civil cases
Page 1 | Section 3. In-Person Proceedings
Zoom-proceeding exhibits must be emailed to opposing participants by 3:00 p.m. on the business day before the proceeding.
Exhibits must also be labeled and emailed to opposing participants by 3:00 p.m. on the business day before the proceeding.
Civil cases
Page 2 | Section 4. Zoom Videoconference Proceedings
Copies of evidence materials must be provided to opposing participants.
Participants shall properly label and provide the opposing participants with copies of all the documents, photos, or audio/video files they intend to submit as evidence during the court proceeding.
Civil cases
Page 3 | Appendix A. Suggested Language for Notice of In-Person Court Proceedings
Participants must properly label and email intended documentary evidence, photos, or videos to opposing participants by 3:00 p.m. on the business day before the Zoom proceeding.
Not later than 3:00 p.m. the business day before the Zoom teleconference court proceeding, participants shall properly label and email to the opposing participants all the documentary evidence, photos, or videos they intend to submit during the court proceeding.
Civil cases
Page 4 | Appendix B. Suggested Language for Notice of Zoom Videoconference Proceedings
Filing Fees and Waivers
A $50 fee is required when mailing Form DS-5542 to request the record.
Mail Form DS-5542 with $50 fee to: U.S. Department of State, Vital Records Section 44132 Mercure Circle, P.O. Box 1213, Sterling, VA 20166-1213.
Civil cases
Page 3 | IV. INSTRUCTIONS TO PETITIONERS ON OBTAINING A CERTIFIED COPY OF A BIRTH CERTIFICATE
Sealing & Redaction Procedures
Defense counsel must maintain confidentiality and prevent disclosure of the information to unauthorized persons.
IT IS ORDERED that the attorney for the Defendant or Respondent in said cases shall maintain confidentiality and prevent disclosure of the information to persons who are not authorized to receive the information.
Page 1 | STANDING PROTECTIVE ORDER REGARDING DFPS RECORDS
The defendant may view the materials only as permitted by Article 39.14(f) and must not be given copies, downloads, or other reproductions.
The defendant may be permitted to view such materials only to the extent allowed by Article 39.14(f), and the defendant shall not be provided copies, FILED a-,: 0 ~ O'CLOCK Y M MARqffiol6.gt1ijMS}}$ome~ downloads, or other reproductions of the materials.
Page 1 | STANDING PROTECTIVE ORDER REGARDING DFPS RECORDS
DFPS records produced in the case are confidential, may be used only to prepare and try the case, and may be reviewed by defense personnel only as reasonably necessary and disclosed only as authorized by Article 39.14.
IT IS ORDERED that any records obtained from the Texas Department of Family and Protective Services and produced in the cause are confidential and shall be used solely for purposes of preparation and trial of the case. Defense counsel, defense staff, investigators, and retained experts may review such records only as reasonably necessary for the defense and shall not disclose them except as authorized by Article 39 .14.
Page 1 | STANDING PROTECTIVE ORDER REGARDING DFPS RECORDS
The materials must not be publicly filed unless filed under seal.
These materials shall not be publicly filed except under seal.
Page 2 | STANDING PROTECTIVE ORDER REGARDING DFPS RECORDS
Before the defendant or a witness views the materials, defense counsel must redact information required by Article 39.14 and information identifying the DFPS reporter or otherwise protected by Family Code § 261.201.
Before any viewing by the defendant or any witness, defense counsel shall redact all information required by Article 39.14(±) and shall also redact any information identifying the DFPS reporter or any other information protected from disclosure by Family Code § 261.201.
Page 2 | STANDING PROTECTIVE ORDER REGARDING DFPS RECORDS
At the conclusion of the case, including any direct appeal, defense counsel must securely destroy the records and copies or return them to the County Attorney's Office for secure disposal.
IT IS ORDERED that, at the conclusion of the case, including any direct appeal, defense counsel shall either securely destroy all such medical records and copies thereof, or return them to the Atascosa County Attorney's Office for secure disposal.
Page 2 | STANDING PROTECTIVE ORDER REGARDING DFPS RECORDS
The clerk must keep the certificate or other proof of the parents' identities in a confidential, nonpublic portion of the case file.
the clerk shall maintain the certificate, or other proof of the identity of the child's parents, in a confidential portion of the case file, not accessible to the public.
Civil cases
Page 1 | III. COURT ORDER AND REQUIREMENTS
A certified birth certificate or other proof of the child's parents' identities must be filed under seal and separately from other pleadings and exhibits.
The certified birth certificate, or other proof of the identity of the child's parents, must be filed under seal and separately from all other pleadings or exhibits.
Civil cases
Page 1 | III. COURT ORDER AND REQUIREMENTS
The defendant or respondent may view the materials only as Article 39.14(f) allows and must not be given any reproductions.
The Defendant or Respondent may be permitted to view such materials only to the extent allowed by Article 39.14(f), and shall not be provided copies, photographs, screenshots, downloads, or any other reproductions of the materials.
Criminal cases
Page 1 | STANDING PROTECTIVE ORDER REGARDING MEDICAL RECORDS
Medical records and protected health information are confidential, may be used only for the case, and may be reviewed or disclosed only as specified.
IT IS ORDERED that any medical records or protected health information produced in the case are confidential and shall be used solely for purposes of investigation, preparation, and trial of the case. Defense counsel, defense staff, investigators, and retained experts may review such records only as reasonably necessary for the defense and shall not disclose them except as authorized by Article 39 .14, Texas Code of Criminal Procedure.
Criminal cases
Page 1 | STANDING PROTECTIVE ORDER REGARDING MEDICAL RECORDS
Defense counsel must maintain confidentiality and prevent disclosure to anyone not authorized to receive the information.
IT IS ORDERED that the attorney for the Defendant or Respondent in said cases shall maintain confidentiality and prevent disclosure of the information to persons who are not authorized to receive the information.
Criminal cases
Page 1 | STANDING PROTECTIVE ORDER REGARDING MEDICAL RECORDS
The State’s redactions do not eliminate defense counsel’s duty to make any additional required redactions before inspection.
IT IS ORDERED that the State's production of a redacted copy does not relieve defense counsel of the duty to make any additional redactions required by Article 39. l 4(f) or this Order before permitting inspection by the Defendant or Respondent or any witness.
Criminal cases
Page 2 | STANDING PROTECTIVE ORDER REGARDING MEDICAL RECORDS
The materials may not be publicly filed unless filed under seal.
These materials shall not be publicly filed except under seal.
Criminal cases
Page 2 | STANDING PROTECTIVE ORDER REGARDING MEDICAL RECORDS
Before permitting inspection by the defendant, respondent, or a witness, defense counsel must redact the listed identifiers and other confidential identifying information not necessary to the defense.
defense counsel shall redact all information required by Article 39.14(f) and shall also redact any medical account numbers, insurance identification numbers, Social Security numbers, dates of birth, home addresses, telephone numbers, email addresses, names of minor children, and any other confidential identifying information not necessary to the defense.
Criminal cases
Page 2 | STANDING PROTECTIVE ORDER REGARDING MEDICAL RECORDS
At the end of the case, including any direct appeal, defense counsel must securely destroy the medical records and copies or return them for secure disposal.
IT IS ORDERED that, at the conclusion of the case, including any direct appeal, defense counsel shall either securely destroy all such medical records and copies thereof, or return them to the Atascosa County Attorney's Office for secure disposal.
Criminal cases
Page 2 | STANDING PROTECTIVE ORDER REGARDING MEDICAL RECORDS
The State may release relevant medical records in its possession directly to the defendant’s or respondent’s attorney without redaction.
IT IS ORDERED that the State may release an unredacted copy of Medical Records in the State's possession that are relevant to any case that is filed in the County or County Court at Law or Juvenile Courts of Atascosa County directly to the attorney for the Defendant or Respondent in such adult or juvenile cases.
Criminal cases
Page 1 | STANDING PROTECTIVE ORDER REGARDING MEDICAL RECORDS