Bailey County Court
Court-Level Rules, Filing Procedures & Policies
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Document Filing Requirements22 rules
Once you have an agreed date, fill that date in on your Order Setting and forward both your Motion and Order, along with a statement that the date is an agreed date, to the Court Coordinator for entry with the Court.
If item g. (1) in the Request for Setting is applicable, please send an Order Setting with an agreed hearing date and the Court will set a pre-trial hearing.
At the time the parties announce ready, each party shall submit to the Court proposed jury questions.
The Request for Setting must include the specified case and attorney information, status statements and details about mediation, discovery, pre-trial matters, settlement efforts and trial dates, estimated trial time, a service certificate, and the requesting attorney’s signature.
- Document
- Request for setting
Must include
- •Case number
Court's wording
The Request for Setting shall contain the following: a. The style and number of the case and the county where the case is pending; The name, address and telephone number of the attorney making the request and the party represented; d. A statement that the pleadings of the party requesting the setting are in order; e. A statement that mediation has been completed or none is required. (1) Pending mediation, all discovery is abated unless otherwise ordered by the Court. f. A statement that all discovery has been completed or none is desired. (1) If discovery is pending, the date on which discovery is expected to be completed; g. A statement that all pre-trial matters have been disposed of or none is pending. (1) If pre-trial matters are pending, the request for setting shall state the nature of same, the party asserting same, the estimated time for hearing same and possible dates for a pre-trial hearing which have been cleared with opposing counsel; h. A statement that the party requesting the setting has made a good-faith effort to negotiate a settlement of the case and further efforts appear futile; i. Possible dates for the trial of the case which have been cleared with opposing counsel. (1) If opposing counsel will not agree to a date for trial, the dates proposed and the reason for opposing counsel's refusal to agree to same; The estimated time of trial; k. A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service; I. The signature of the attorney making the Request;
For a jury trial, submit an Agreed Scheduling Order approved by all parties; if they cannot agree, set a hearing for the Court to enter the order.
Court's wording
If setting a case for jury trial, an Agreed Scheduling Order shall be submitted to the Court. All Parties shall agree on the Scheduling Order and only in the event said agreement cannot be reached shall the parties set a hearing before the Court to enter a Scheduling Order.
a. A setting will be made only in response to a proper written Request for Setting.
An application for an order without notice must state specific facts and plainly state the grounds for relief; mere conclusions are insufficient even if verified.
Court's wording
No Temporary Restraining Order or Protective Order will be granted without notice to the adverse party unless the applicant's verified complaint or affidavit accompanying the application contains "specific facts," as required by Rule 680, T.R.C.P., and "a plain and intelligible statement of the grounds for such relief," as required by Rule 682, T.R.C.P. No such Temporary Restraining Order shall be granted upon a complaint or affidavit containing mere conclusions, even if verified.
The contents of the Request for Setting shall be the same as a Request for Setting for jury trial except for Item C.
At the bottom of all ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney's fax numbers. If they are pro se litigants, please give their addresses.
An application for a Temporary Restraining Order and/or Protective Order, to be granted without notice to the adverse party, will be considered only upon the application's verified complaint or affidavit accompanying the application,
At the end of all MOTIONS, please include the opposing counsel's name, address, phone number and fax number under the Certificate of Service. Please do not put "...a copy has been sent to all opposing counsel."
Ex Parte Orders in family law matters must meet the requirements of Sec. 11.11 & 71.15 of the Family Code.
The «Standing Order Regarding Property and Conduct of Parties in Divorce and Suits Affecting the Parent- Child Relationship" attached hereto as Appendix 1, is to be attached by counsel to the original citation in all suits of divorce and suits affecting the parent-child relationship.
Send an Order Resetting with a cover letter advising the Coordinator of the agreed upon date.
When presenting an ex parte application, counsel must provide a written certification at presentation addressing whether the adverse party is represented and, if so, notice or diligent unsuccessful notice efforts.
Court's wording
Counsel presenting any application for an ex parte Order shall, at the time the application is presented to the Court, certify in writing that: 1. To the best of counsel's knowledge, the party against who the relief is sought is not represented by counsel; or 2. If the party against whom the relief is sought is represented by counsel, that (a) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (b) 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.
Court-appointed attorneys must provide the Court an itemized statement of hours spent representing an indigent defendant in and out of Court.
Court's wording
All court-appointed attorneys shall provide the Court an itemized statement reflecting the number of hours spent in Court in representation of an indigent defendant and the number of hours spent out of the Court representing said defendant.
If the parties cannot agree on an ADR referral, one party must give the Court written notice that coordination efforts failed.
Court's wording
If the parties are unable to cooperate or agree to a referral of such issues to an ADR procedure, then upon written notification to the Court by one of the parties that efforts to coordinate a referral have been unsuccessful, the Court, without a hearing, shall enter an Order of Referral to an ADR procedure under such terms and conditions selected by the Court.
Submit an Order Setting to the Court with a Request for Setting when obtaining a trial date or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.
Judgments, decrees, and orders must be reduced to writing, sent to opposing counsel for approval as to form, and delivered to the Court for signing.
Court's wording
Within sixty (60) days after rendition, announcement of the Court's ruling or announcements of settlement by counsel, counsel shall cause all judgments, decrees or orders of any kind to be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered to the Court for signing.
ALWAYS ADVISE THE COURT IN YOUR REQUEST OR COVER LETTER THAT YOU HAVE CONTACTED THE OPPOSING COUNSEL AND THAT THEY ARE AVAIABLE FOR HEARING ON THE DATE YOU HAVE REQUESTED.
An Order Setting with an agreed date should be attached to the Request.
An Order Paying Court-Appointed Attorney should be attached to the itemized statement.
Filing & Service rules
Filing Timing and Cure Windows
Within 60 days after the stated ruling or settlement event, counsel must reduce the judgment, decree, or order to writing, forward it to opposing counsel for approval as to form, and deliver it to the Court for signing.
Within sixty (60) days after rendition, announcement of the Court's ruling or announcements of settlement by counsel, counsel shall cause all judgments, decrees or orders of any kind to be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered to the Court for signing.
Page 6 | ORDERS AND DECREES — 1. Reduction to Writing within Sixty (60) Days
If a judgment, order, or decree disposing of the case is not furnished within 60 days, the case will be placed on the next dismissal docket and may be dismissed, with costs subject to the Court's discretion.
Upon failing to furnish the Court with a judgment, order or decree disposing of the case within the sixty (60) day period, the Court shall place the case on the next regularly scheduled dismissal docket, whereupon the case may be dismissed and costs be taxed at the Court's discretion.
Page 6 | ORDERS AND DECREES — 2. Dismissal if Written Order Not Furnished
Service and Proof of Service Rules
A copy of the Request for Setting must be served on all counsel, and the request must include a certificate identifying each attorney by name and address and stating the service date.
A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service;
Page 2 | A. REQUEST FOR SETTING-JURY CASES:
Adjournment & Extension Requirements
Continuances must comply with Articles 29.01 through 29.13 of the C.C.P. and Article 30.003 of the Texas Civil Practice and Remedies Code.
All continuances shall be in accordance with Arts. 29.01 through 29.13, C.C.P. and Art. Tx. Civil Prac. & Rem. Code 30.003
Page 4 | CRIMINAL CASES — A. CONTINUANCES/RESETTING/POSTPONEMENT
A non-agreed continuance motion filed less than seven days before a hearing is presumptively denied, and the filer should not rely on it without a signed order.
Non-agreed continuances filed less than seven (7) days prior to hearing are presumptively DENIED and the filing party should not rely on the Continuance Motion without a signed Order.
Page 4 | CRIMINAL CASES — A. CONTINUANCES/RESETTING/POSTPONEMENT
Party agreement or filing a Motion for Continuance does not automatically result in a continuance being granted.
Continuances are not automatic upon agreement by the parties. Mere filing of a Motion for Continuance does not mean the continuance will be granted.
Page 4 | CRIMINAL CASES — A. CONTINUANCES/RESETTING/POSTPONEMENT
Continuances are not automatic, including first continuances, and must comply with the cited statutes.
There will be no summary or automatic "first continuances." All continuances shall be in accordance with Arts. 29.01 through 29.13, C.C.P. and Art 30.003, Texas Civil Prac. & Remedies Code.
Page 5 | CRIMINAL CASES — CONTINUANCES/RESETTING/POSTPONEMENT
Chambers Communication Rules
Submit a written Request for Setting directly to the Court Coordinator, not to the Clerk.
A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Coordinator at the Bailey County Office. The party requesting a setting should not file the Request for Setting with the Clerk.
Page 2 | A. REQUEST FOR SETTING-JURY CASES:
Before sending the Motion and Order Setting for a criminal pre-trial, jury, non-jury, or post-trial hearing, call the Court Coordinator to obtain available dates.
When setting a criminal case for pre-trial, jury trial, non-jury or post trial hearing, please call the Court Coordinator, prior to sending your Motion and Order Setting, to obtain available hearing dates.
Page 2 | A. REQUEST FOR SETTING-JURY CASES:
An attorney who learns of conflicting trial settings must immediately notify the courts concerned.
Whenever an attorney has two or more cases on trial dockets for trial 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 5 | 3. Conflict in Trial Settings
Attorneys practicing in the Bailey County Courts must maintain an operative fax machine and/or e-mail account at all times and provide it to the Court, the Clerks of Court, and opposing counsel.
Any attorney practicing in the Bailey County Courts shall have access to a fax machine and/or e-mail account that will be operative 24 hours a day, seven days a week which shall be provided to the Court, the Clerks of Court, and all opposing counsel.
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For an agreed continuance, contact the Court Coordinator, who will consult with the Judge before removing the matter from the docket.
If you have a continuance that is agreed to by all parties, please contact the Court Coordinator and advise her of this and she will consult with the Judge prior to removing the matter from the docket.
Page 4 | CRIMINAL CASES — A. CONTINUANCES/RESETTING/POSTPONEMENT
To obtain a resetting date, first contact the Court Coordinator for available dates, then contact opposing counsel to find a date available and agreeable to all counsel.
To obtain a resetting date, please contact the Court Coordinator for available dates, and then contact opposing counsel to obtain a date that is available and agreeable to all counsel.
Page 4 | CRIMINAL CASES — A. CONTINUANCES/RESETTING/POSTPONEMENT
If counsel cannot agree on a date, contact the Court Coordinator for instructions on proceeding with a hearing date.
If you cannot obtain a date that is agreeable to all counsel, please contact the Court Coordinator and she will advise you on how to proceed regarding a hearing date.
Page 6 | GENERAL RULES
When setting or resetting a case, contact the Court Coordinator for available dates, then coordinate with all other counsel to find a date everyone can attend.
When setting or resetting a case for trial, pre-trial, etc., please contact the Court Coordinator for available dates. Then contact all other counsel and obtain a date that everyone is available.
Page 6 | GENERAL RULES
When setting or resetting a case, advise the Court of the estimated hearing time and whether the case has been mediated.
When setting or resetting a case for trial, pre-trial, etc., please advise the Court the estimated time you will need for the hearing and whether or not the case has been mediated.
Page 6 | GENERAL RULES
If a hearing must be canceled, counsel should contact the Court Coordinator as soon as possible.
If for any reason you have to cancel a hearing, please contact the Court Coordinator as soon as possible.
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Communications between the Courts and attorneys sent by fax or e-mail are deemed received, but this rule does not apply to filing documents with the District Clerks.
All communications between the Courts and attorneys via fax or e-mail shall be deemed received. This does not include filing documents with the District Clerks.
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Telephone conference call hearings may be used in some cases, subject to facility limitations.
Hearings conducted by telephone conference call are acceptable in some cases and subject to facility limitations.
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