Bailey County Court Document Filing Requirements

CRITICAL

Applies to

Request for setting

A trial setting will be made only in response to a proper written Request for Setting.

a. A setting will be made only in response to a proper written Request for Setting.

CRITICAL

Applies to

Temporary restraining order or protective order application

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.

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.

CRITICAL

Applies to

Ex parte order

Ex parte orders in family law matters must satisfy Sections 11.11 and 71.15 of the Family Code.

Ex Parte Orders in family law matters must meet the requirements of Sec. 11.11 & 71.15 of the Family Code.

CRITICAL

Applies to

Written notification

If the parties cannot agree on an ADR referral, one party must give the Court written notice that coordination efforts failed.

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.

CRITICAL

Applies to

Request for setting

A non-jury Request for Setting must have the same contents as a jury-trial Request for Setting, except for Item C.

The contents of the Request for Setting shall be the same as a Request for Setting for jury trial except for Item C.

CRITICAL

Applies to

Motion and order setting

For a criminal setting, enter the agreed date on the Order Setting and send the Motion, Order, and a statement that the date is agreed to the Court Coordinator.

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.

CRITICAL

Applies to

Request for setting

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.

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.

CRITICAL

Applies to

Original citation

Counsel must attach Appendix 1, the Standing Order Regarding Property and Conduct of Parties, to the original citation in every divorce suit and suit affecting the parent-child relationship.

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.

CRITICAL

Applies to

Order setting

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.

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.

CRITICAL

Applies to

Temporary restraining order or protective order application

An application for a Temporary Restraining Order or Protective Order without notice must be accompanied by a verified complaint or affidavit.

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,

CRITICAL

Applies to

Request for setting with order setting

When obtaining a trial date, submit an Order Setting with a Request for Setting to 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.

CRITICAL

Applies to

Motion

Motions must include opposing counsel’s name and contact information under the Certificate of Service and must not use the specified generic service statement.

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."

CRITICAL

Applies to

Jury trial submission

Each party must submit proposed jury questions when the parties announce ready.

At the time the parties announce ready, each party shall submit to the Court proposed jury questions.

CRITICAL

Applies to

Order resetting

Send an Order Resetting with a cover letter informing the Coordinator of the agreed date.

Send an Order Resetting with a cover letter advising the Coordinator of the agreed upon date.

CRITICAL

Applies to

Itemized statement

Court-appointed attorneys must provide the Court an itemized statement of hours spent representing an indigent defendant in and out of Court.

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.

CRITICAL

Applies to

Judgment decree or order

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.

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.

CRITICAL

Applies to

Request for setting

Must include

case number, certificate of service

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.

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;

CRITICAL

Applies to

Ex parte application

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.

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.

CRITICAL

Applies to

Jury trial scheduling order

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.

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.

CRITICAL

Applies to

Request or cover letter

A request or cover letter must state that opposing counsel was contacted and is available for the requested hearing date.

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.

WARNING

Applies to

Itemized statement

An Order Paying Court-Appointed Attorney should be attached to the itemized statement.

An Order Paying Court-Appointed Attorney should be attached to the itemized statement.

WARNING

Applies to

Request for setting

An Order Setting with an agreed date should be attached to the Request.

An Order Setting with an agreed date should be attached to the Request.