Atascosa County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements9 rules
Always advise the Court in your request that you have contacted the opposing counsel and that they are available for hearing on the date you have requested.
or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.
Submit an Order Setting to the Court, with a Request for Setting when obtaining a trial date,
If another attorney is not to be substitute as attorney for the party, the party must either consent in writing to the motion to withdraw, or the withdrawing attorney shall notify the client in writing of the motion to withdraw and a notice of setting on the motion.
When setting or resetting a case for trial, pre-trial, etc., please advise the Court Administrator as to the estimated time you will need for the hearing.
After indictment, all defendants, their attorneys are required to personally appear for the defendant’s formal arraignment or upon approval of the Court, file a waiver of arraignment.
In all cases in which temporary support of a spouse and/or the child is in issue, each party shall be required to furnish, prior to or at the time of the hearing, all payroll statements, pay stubs, W2 forms and 1099 forms which evidence that party’s earnings for the calendar year prior to
At filing, the Clerk must attach the order to the petition and every presented copy if the Petitioner omitted it, but need not make a paper copy for the Clerk’s file.
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. The Clerk shall not be required to make a paper copy for the Clerk’s file and such orders are still incorporated therein.
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
Filing & Service rules
Filing Timing and Cure Windows
A party must present evidence contesting the order at a hearing on or before fourteen days after the original petition is filed to prevent the order from continuing as a temporary injunction.
If no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of filing of the original petition, this order shall continue in full force and effect as a temporary injunction until further order of the Court.
Civil cases
Page 4 | 8. SERVICE AND APPLICATION OF THIS ORDER
The order takes effect when the original petition is filed, remains a temporary restraining order for fourteen days, and renews for successive fourteen-day periods until a temporary injunction is ordered.
This order is effective upon the filing of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen days after the date of the filing of the original petition and is renewed for subsequent periods of every fourteen days thereafter until a temporary injunction is ordered.
Civil cases
Page 4 | 8. SERVICE AND APPLICATION OF THIS ORDER
Service and Proof of Service Rules
Withdrawal-motion notice to the client must be sent by certified mail with return receipt requested, first-class mail, or email.
Notice shall be sent by certified mail, return receipt requested, first class mail, or email.
Page 4 | RULE 1.5 WITHDRAWAL OF COUNSEL
If counsel is unable to secure all opposing counsel’s approval as to form, counsel may: 1. File a motion for entry of the proposed judgment, order or decree and secure a hearing for the same, with notice to all opposing counsel pursuant to Rule 21a, Texas Rules of Civil Procedure.
If counsel is unable to secure all opposing counsel’s approval as to form, counsel may: 1. File a motion for entry of the proposed judgment, order or decree and secure a hearing for the same, with notice to all opposing counsel pursuant to Rule 21a, Texas Rules of Civil Procedure.
Page 5 | RULE 2.4 ORDERS AND DECREES
An application to the Court for a temporary order and notice of any hearing thereon which is presented by a party responding to an application for temporary orders in which that party is seeking affirmative relief shall be served on the adverse party in accordance with Rule 5 and Rule 21a of the Texas Rules of Civil Procedure, as amended.
An application to the Court for a temporary order and notice of any hearing thereon which is presented by a party responding to an application for temporary orders in which that party is seeking affirmative relief shall be served on the adverse party in accordance with Rule 5 and Rule 21a of the Texas Rules of Civil Procedure, as amended.
Page 6 | RULE 4.1 TEMPORARY HEARINGS
Sealing & Redaction Procedures
All Texas Department of Protective and Regulator Services cases are to be confidential to all parties except for attorney of records or County caseworkers.
All Texas Department of Protective and Regulator Services cases are to be confidential to all parties except for attorney of records or County caseworkers.
Page 7 | RULE 4
Adjournment & Extension Requirements
Unless all counsel consent in writing and the Court approves, a continuance request requires a motion filed under the applicable Texas rules and set through the Court Administrator’s website or like other motions; a noncompliant motion will be denied without prejudice.
Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as applicable, and the motion must be set by the Court Administrator’s website, or in the same manner as all other motions. Any motion that does not meet these requirements will be denied without prejudice to the right to refile.
Page 3 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT
A continuance, postponement, or reset request may be granted only if all counsel consent or nonjoining parties are notified and given an opportunity to object.
No request for a continuance, to pass, postpone or reset any trial, pretrial, or other hearing shall be granted unless counsel for all parties consent, or unless all parties not joining in such request have been notified and have had an opportunity to object.
Page 3 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT
When opposing counsel sets a trial date that conflicts with an attorney’s scheduled vacation, the vacationing attorney must file a motion for continuance seeking leave to reschedule.
If an opposing counsel sets a trial date which conflicts with the scheduled vacation, it is the responsibility of the vacationing attorney to file a motion for continuance seeking leave of court to reschedule said setting.
Page 5
Chambers Communication Rules
An attorney with conflicting hearing settings must notify the courts concerned immediately upon learning of the conflict.
When an attorney has two or more cases on the dockets for hearing at the same time, it shall be the duty of the attorney to bring the matter to the attention of the courts concerned immediately upon learning of the conflicting settings.
Page 3 | RULE 1.3 CONFLICT IN TRIAL SETTINGS
For district-court settings, use the Court Administrator’s website; for other courts, contact the Court Administrator’s appropriate office for available dates.
When setting or resetting a case for trial, pre-trial hearing, etc., (for district court) use the Court Administrator’s website as instructed on the site. For all other courts contact the Court Administrator at the appropriate office, as applicable, for available dates, and:
Page 4 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
Counsel must notify the Court Administrator of the need for an interpreter before any scheduled hearing.
It is the responsibility of counsel to advise the court of the need for a court interpreter, by notifying the Court Administrator, prior to any scheduled hearing.
Page 4 | RULE 1.4 INTERPRETERS
When presenting an ex parte application, counsel must tell the Court whether opposing counsel was notified and declines to be heard, diligent notification attempts failed and further efforts are impracticable, or notice would effectively deny the requested relief.
Counsel presenting any application for an ex parte order shall, at the time the application is presented to the Court, inform the court: A. If the party against whom the relief is sought is represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) counsel presenting the application has diligently attempted to notify opposing counsel, has been unable to do so, and the circumstances do not permit additional efforts to give such notice, or (iii) reasons exist that informing opposing counsel would effectively deny the applicant the relief requested.
Page 4 | RULE 2.1 APPLICATION FOR EX PARTE ORDERS
If counsel cannot agree on a setting date, contact the appropriate Administrator or use the applicable website.
If you cannot obtain a date that is agreeable to all counsel, please contact the appropriate Administrator or applicable website.
Page 4 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
If a hearing must be canceled or counsel is running late, the Court Administrator should be contacted as soon as possible.
If, for any reason, you must cancel a hearing, or if you are running late to a scheduled hearing, please contact the Court Administrator as soon as possible.
Page 5
Counsel may request a remote hearing from the Court Administrator; if approved, the Administrator will provide a virtual hearing link.
Counsel may request a remote hearing from the Court Administrator and upon approval, the Court Administrator will provide a virtual hearing link.
Page 4 | RULE 1.6 REMOTE HEARINGS