Atascosa County Court at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Petition

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.

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.

CRITICAL

Applies to

Confidential documents

The State must attach a copy of this Protective Order as the first page of any confidential documents released to defense counsel.

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.

CRITICALCriminal cases

Applies to

Confidential documents

The State must attach this Protective Order as the first page of confidential documents released to defense counsel under the Order.

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.

CRITICALCriminal cases

Applies to

Motion to withdraw

If counsel must discontinue representation, a motion to withdraw complying with applicable rules must be filed and heard.

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.

CRITICALCriminal cases

Applies to

Indigency questionnaire

A defendant seeking appointed counsel based on indigence must complete the adopted financial-resources questionnaire and respond to a Court examination if necessary.

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.

CRITICALCivil cases

Applies to

Notice

Notice of any court proceeding must state its location or electronic-joining instructions, court contact information, date, time and type, and evidence-submission instructions.

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.

CRITICALCivil cases

Applies to

Original petition

The petitioner must file each available certified birth certificate with the petition.

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.

CRITICALCriminal cases

Applies to

Motion for expert services

Counsel must submit a timely written expert-request motion stating the factual basis and explaining the need for specific services.

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

CRITICALCivil cases

Applies to

Petition or affidavit

If the certified birth certificate is unavailable, the petitioner must state that in the petition or a separate affidavit.

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;

CRITICALCriminal cases

Applies to

Application for payment

Counsel seeking compensation must submit a completed payment application with itemized services and time spent in one-tenth-hour intervals.

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.

CRITICALCivil cases

Applies to

Birth certificate copy request

Mail Form DS-5542 with the fee to the U.S. Department of State Vital Records Section at the specified address.

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.

CRITICALCivil cases

Applies to

Request under standing order

Requests under the Order must comply with the Vital Statistics Unit’s identification, verification, and documentation requirements.

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.

CRITICALCivil cases

Applies to

Foreign birth certificate

A foreign birth certificate that is not in English must be accompanied by a certified translation.

If not in English, attach a certified translation.

WARNINGCivil cases

Applies to

Foreign birth record

A foreign record may need an apostille or authentication certificate for use in Texas courts.

A foreign record may require an apostille or authentication certificate for use in Texas courts.

WARNINGCivil cases

Applies to

Alternative proof of parentage

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.

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.

WARNINGCivil cases

If the certified birth certificate is unavailable, the petitioner must be prepared to provide documentation of reasonable efforts to obtain it.

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.