Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy • After Agreed Date
Communication
Phone
Document Filing Requirements44 rules
An attorney seeking hourly compensation must obtain court permission by motion before billing hourly.
Court's wording
If an attorney wishes to seek compensation based on an hourly rate due to the complexity of the case involved, the attorney must seek permission from the court prior to billing on an hourly basis. Such permission shall be sought by filing a motion.
The motion shall be accompanied by a proposed order. If no order is provided, the hourly rate request will not be considered.
- Document
- Motion
Must include
- •Proposed order
The Petitioner must attach this Order to the original petition and each copy; if the Petitioner does not, the Clerk must ensure it is attached when the petition is filed.
Court's wording
7.1 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.
Each attorney shall prepare a detailed statement of the nature of the services performed, the date of such performance, and the actual time spent (to the tenth of the hour) on each such date and service, and shall submit said statement to the trial Judge:
including a certificate of conference on the motion which indicates the fact of the conference and the result thereof Additionally, a certificate of service must appear thereon which indicates the specific addressee and the full address, manner and means of service.
- Document
- Motion
Must include
- •Certificate of service
- •Certificate of conference
Such disclosure shall be in writing and include at a minimum the name and address of such person.
A jury-trial Request for Setting must contain the listed case, party, counsel, jury-fee, mediation, discovery, pretrial, settlement, trial-date, trial-duration, service-certificate, and attorney-signature information.
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; b. The name, address, email address, telephone and fax numbers of the attorney making the request and the party represented by said attorney; c. The name address, email address, telephone and fax numbers of opposing counsel. If no opposing counsel, name, address, email address, (if any) and telephone number, of pro se party; d. The date on which the jury fee was paid; e. A statement that the pleadings of the party requesting the setting are in order; f. A statement that mediation has been completed or none is required. (1) Pending mediation, discovery may be abated by the parties; g. A statement that all discovery has been completed or none is desired. (1) If discovery is pending the request shall contain the date on which discovery is expected to be completed; h. A statement that all pre-trial matters have been disposed of or none is pending. (1) Per the Scheduling Order, 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; 1. 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; J. 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; k. The estimated time of trial; 1. 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; m. and the signature of the attorney making the Request.
At the time the parties announce ready, each party shall submit to the Court proposed jury questions.
The proposed Agreed Order Setting must state the agreed date and be accompanied by a statement that the date is agreed.
Court's wording
Once you have an agreed date, fill that date in on your Agreed Order Setting and forward both a courtesy copy of your file marked Motion and the proposed Agreed Order, along with a statement that the date is an agreed date, to the Court Coordinator for entry with the Court.
The contents of the Request for Setting shall be the same as a Request for Setting for jury trial except for item d.
For a jury trial, submit an Agreed Scheduling Order; all parties must agree to it, and a hearing to enter the order is set only if they cannot reach agreement.
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 setting for trial on the merits will be made in response to a written file marked Request for Setting submitted directly to the Court Coordinator at the Kerr Countv Office.
A setting will be made only in response to a proper written Request for Setting.
All Counsel's names, fax numbers and email addresses (if any) need to be on the order. (Names, addresses, emails, if pro se)
Without notice, a TRO or Protective Order requires an accompanying verified complaint or affidavit stating specific facts and intelligible grounds; 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.
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 applicant's verified complaint or affidavit accompanying the application, and, except for an 83.006 Family Code Motion, no testimony will be heard.
Counsel must attach the Appendix 1 Standing Order to the original citation in divorce and parent-child relationship suits; it remains effective during the suit unless modified or set aside by the Court.
Court's wording
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. The Order attached as Appendix 1 will remain in effect throughout the pendency of a suit unless specifically modified or set aside by the Court.
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 whom the relief is sought is not represented by counsel; or
A cover letter shall be included with the documents that states the following: a. All counsel has agreed to the date. b. The estimated time needed for the hearing.
After contacting the Court Coordinator and obtaining an agreeable date with all counsel, the requesting party shall forward a copy of the file marked Motion and an Order Setting to the Court for entry.
Orders shall be signed by respective DA's offices.
Names, FAX NUMBERS, and email addresses if any, of all counsel of record.
Names, ADDRESSES and email addresses if any, of any Pro Se litigants who are a party to the suit.
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 Court representing said defendant.
The attorneys in all contested hearings concerning support shall prepare complete written income and expense statements as to their respective clients and present same to the Court prior to the hearing.
In all contested cases involving the division of property where gross value of assets in dispute exceeds $250,000 the attorneys shall prepare a complete written inventory of the assets and liabilities of the marital estate and of the separate estate of their respective client and submit same to the Court prior to trial.
The Court's Standing Order shall be attached to the Original Petition in all family law cases.
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 AVAILABLE FOR HEARING ON THE DATE YOU HAVE REQUESTED.
Submit an Order Setting to the Court, with a file marked copy of the 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.
Pro Se filers must have a file marked copy.
All filings by attorneys must be E-filed with the District Clerk and file marked prior to being submitted to the Court Coordinator.
Send an Order Resetting with a cover letter advising the Coordinator of the date the parties have agreed on.
In such motion, the attorney should outline why an hourly rate is necessary.
Upon written request by either side, (letter or e-mail is adequate, no motion is necessary)
In the event that further particularized discovery is considered necessary, the Defense may file a written Motion for Discovery addressing only matters not covered in this Order,
Motions should include opposing counsel’s name and contact information under the Certificate of Service, rather than only stating that a copy was sent to opposing counsel.
- Document
- Motion
- Placement
- Certificate section
Include
- •Certificate of service
Court's wording
At the end of all MOTIONS, please include the opposing counsel's name, address, email address, phone number and fax number under the Certificate of Service. Please do not put '�.. a copy has been sent to all opposing counsel" (This will let the Court know who the attorneys are since we do not have immediate access to all files in every county).
Proposed Order Settings should list everyone who needs notice and provide attorneys’ contact details or pro se litigants’ contact details as specified.
Court's wording
At the bottom of all proposed ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney s names fax numbers, email addresses and phone numbers. If they are pro se litigants, please give their addresses phone number, email address if an . *
n. An Order Setting with an agreed date should be attached to the Request.
If item h.(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.
Any Order Setting without names/fa es/emails, will be held until corrected and re-submitted.
Any Order Setting received by the Court with NO HEARING DATE or WITHOUT an agreed hearing date will be held in the Court's file until an agreed date is obtained with DA's Office.
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.
When requesting a setting for uncontested divorces, agreed divorces, defaults, uncontested name changes or adoptions, you do not need to send an Order Setting.
Filing & Service rules
Electronic Filing Rules
Attorneys must e-file all filings with the District Clerk.
All filings by attorneys must be E-filed with the District Clerk
Page 11 | RULES TO GOVERN FILINGS AND RECORDS
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 Kerr County Office. The party requesting a setting should E-file the Request for Setting with the Clerk, then forward a copy of the file marked request to the Court Coordinator with the agreed order setting.
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 Kerr County Office. The party requesting a setting should E-file the Request for Setting with the Clerk, then forward a copy of the file marked request to the Court Coordinator with the agreed order setting.
Page 3 | REQUEST FOR SETTING - JURY CASES
The party requesting a setting should E-file the Request for Setting with the Clerk.
The party requesting a setting should E-file the Request for Setting with the Clerk.
Page 5 | REQUEST FOR SETTINGS - NON-JURY CONTESTED CASES
Filing Timing and Cure Windows
The attorney must submit the detailed statement on the date the case is disposed of by plea, bench trial, or jury trial.
a. on the date of disposition of a case by a plea or bench trial, or jury trial;
Criminal cases
Page 1 | REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
The State must file its list of witnesses for the guilt or punishment phase with the Clerk at least one day before trial.
To file with the Clerk of the Court a list of all witnesses the State intends to call on its case in chief (for either guilt or punishment phases) at least one (1) day prior to the trial
Page 2 | THE STATE IS ORDERED
A further discovery motion must be presented at the earliest practical opportunity before trial and no later than the Article 28.01 pretrial hearing.
and such Motion will be presented to the Court at the earliest practical opportunity before trial, but in any event no later than the occasion of the Art.28.01pretrial hearing.
Page 4 | EXPERT WITNESSES
Counsel must complete the written-order process within 60 days after rendition, announcement of the Court's ruling, or announcement of settlement.
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 10 | Reduction to Writing within Sixty (60) Days
Provided dates are not confirmed until the Court receives and signs the order setting.
THE DATES PROVIDED ARE NOT CONFIRMED UNTIL THE ORDER SETTING IS RECEIVED AND SIGNED BY THE COURT.
Page 5 | REQUEST FOR SETTING - JURY CASES
Uncontested family law matters are subject to dismissal for want of prosecution after 90 days if no affirmative action is taken.
Uncontested family law matters will be subject to DISWOP after 90 days if no affirmative action is taken.
Page 6 | DISMISSAL DOCKET: INVOLUNTARY DISMISSAL
Contested family law matters are subject to dismissal for want of prosecution after 180 days.
Contested family law matters will be subject to DISWOP after 180 days.
Page 6 | DISMISSAL DOCKET: INVOLUNTARY DISMISSAL
In non-family civil matters, no action by a party seeking affirmative relief directed toward trial on the merits within nine months may lead to dismissal for want of prosecution.
If no action is taken by a party seeking affirmative relief in non-family civil matters within nine (9) months directed toward a trial on the merits, the Court will proceed to dismiss the case for want of prosecution in accordance with Rule 165a, R.C.P.
Page 6 | DISMISSAL DOCKET: INVOLUNTARY DISMISSAL
If a judgment, order, or decree disposing of the case is not furnished within 60 days, the case goes on the next regularly scheduled dismissal docket and may be dismissed, with costs assessed at the Court's discretion.
Upon failure 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 may be taxed at the Court's discretion.
Page 10 | Dismissal if Written Order Not Furnished
Service and Proof of Service Rules
The State must furnish the defense a copy of the witness list on or before the day it files the list.
and furnish a copy of same to the Defense on or before the same day.
Page 2 | THE STATE IS ORDERED
To request notice of extraneous offenses or bad acts, the Defense must submit a timely written letter addressed to the State’s attorney and file and provide a copy as specified.
Upon timely written request by the Defense and in the form of a letter addressed to the attorney for the State, a copy of which shall be filed with the district clerk and provided to the State,
Page 3 | Extraneous Offense Notice
The State must inform the Defense at least one day before trial of covered promises of benefit or leniency to an accomplice or prospective witness.
To inform the Defense, at least one day before trial, of all promises of benefit or leniency afforded to or for the benefit of any accomplice or prospective witness in connection with the witness's proposed testimony or other cooperation with regard the alleged offense.
Page 3 | THE STATE IS ORDERED
The State must give defense counsel written notice of intended Rule 404(b) evidence; notice is deemed reasonable if given 10 days before trial, except for good cause shown.
the State is hereby ORDERED, to give written notice to defense counsel regarding extraneous offenses or bad acts the State intends to introduce during the State's case in chief as required by Rule 404(b) of the Texas Rules of Evidence. Said notice shall be deemed reasonable if given 10 days before trial except for good cause shown.
Page 3 | Extraneous Offense Notice
The State must give defense counsel written notice of intended Rule 609(f) impeachment evidence; notice is deemed reasonable if given 10 days before trial, except for good cause shown.
the State is hereby ORDERED, to give written notice to defense counsel regarding any impeachment evidence by prior conviction the State intends to offer to impeach the defendant or. a witness during any phase of the trial as required by Rule 609(f) of the Texas Rules of Evidence. Notice shall be deemed reasonable if given 10 days before trial, except for good cause shown.
Page 4 | Impeachment Evidence
Each party must serve its expert disclosures on the opposing party no later than 20 days before trial.
Disclosures shall be served upon the opposing party by each party, no later than 20 days prior to trial.
Page 4 | EXPERT WITNESSES
Before seeking relief against a represented party, counsel must notify opposing counsel, or diligently attempt notice and be unable to make further efforts under the circumstances.
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.
Page 7
Notice to parties may be delivered by hand, by mail, or electronically in accordance with Rule 21a(10).
Notice may be provided to parties by delivering by hand, mail or electronically, in accordance with Rule 21 a (10).
Page 4 | REQUEST FOR SETTING - JURY CASES
Courtesy Copy Requirements
After agreeing on a date, send the Court Coordinator a courtesy copy of the file-marked motion, the proposed Agreed Order Setting containing that date, and a statement that the date is agreed.
Once you have an agreed date, fill that date in on your Agreed Order Setting and forward both a courtesy copy of your file marked Motion and the proposed Agreed Order, along with a statement that the date is an agreed date, to the Court Coordinator for entry with the Court.
Page 5 | REQUEST FOR SETTING - JURY CASES
Pre-Motion Conference Requirements
Only a bona fide discovery motion may be filed.
ONLY A BONAFIDE MOTION FOR DISCOVERY MAY BE FILED.
Page 1 | ORDER REGARDING MOTIONS
Before filing any motion, counsel must confer with opposing counsel and attempt to resolve the matter.
no motion may be filed without first conferring with opposing counsel and attempting to resolve the matter
Page 1 | ORDER REGARDING MOTIONS
A discovery motion may be filed only after the defense has obtained discovery and believes material is missing, or the State has failed to provide discovery under CCP 39.14.
The District Attorney's office has an open-file policy, and a Discovery Motion may be filed only after the Defense has obtained discovery from the State and believes that there is something not yet received or if the State has failed to furnish discovery to the Defense pursuant to CCP 39.14.
Page 1 | ORDER REGARDING MOTIONS
The Court will not consider motions that merely repeat local rules or this order.
THE COURT WILL NOT CONSIDER MOTIONS WHICH ARE MERELY REPETITIVE OF LOCAL RULES OR OF THIS ORDER.
Page 1 | ORDER REGARDING MOTIONS
Adjournment & Extension Requirements
There are no summary or automatic first continuances; all continuances must comply with the cited statutory provisions.
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 8 | B. SETTINGS/SCHEDULING — 2. Continuances
A reset date must be obtained from the DA.
Reset dates must be obtained from the DA
Page 8 | B. SETTINGS/SCHEDULING — 2. Continuances
An order continuing or resetting a case must be signed by the DA.
the order continuing or resetting shall be signed by the DA.
Page 8 | B. SETTINGS/SCHEDULING — 2. Continuances
Continuances must comply with the cited provisions of the Texas Code of Criminal Procedure and 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 12 | GENERAL RULES
A continuance is not automatic merely because the parties agree or a motion for continuance is filed.
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 12 | GENERAL RULES
A non-agreed continuance filed less than seven days before the hearing is presumptively denied, and the filing party should not rely on the motion without a signed order.
Non-agreed continuances filed less than seven (7) days prior to hear.ing are presumptively DENTED and the filing party should not rely on the Continuance Motion without a signed Order.
Page 12 | GENERAL RULES
For a continuance agreed to by all parties, contact the Court Coordinator; the matter will not be removed from the docket until she consults with the Judge.
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 12 | GENERAL RULES
Chambers Communication Rules
Before sending the file-marked motion and order setting, contact the Court Coordinator by phone or email to obtain available hearing dates.
When setting a civil case for pre-trial, jury trial, non-jury trial or post trial hearing, please call or e-mail the Court Coordinator, prior to sending your me marked Motion and Order Setting, to obtain available hearing dates.
Page 5 | REQUEST FOR SETTING - JURY CASES
After obtaining available dates, contact opposing counsel to agree on a date acceptable to all parties.
After you have available dates, please contact opposing counsel to obtain a date that is agreeable to all parties.
Page 5 | REQUEST FOR SETTING - JURY CASES
The requesting party must contact the Court Coordinator, obtain a date agreed to by all counsel, and then forward the file-marked Motion and Order Setting to the Court for entry.
After contacting the Court Coordinator and obtaining an agreeable date with all counsel, the requesting party shall forward a copy of the file marked Motion and an Order Setting to the Court for entry.
Page 7 | G. PRE-TRIAL/ POST TRIAL HEARINGS
An attorney with conflicting trial settings must notify the courts concerned immediately upon learning of the conflict.
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 8 | B. SETTINGS/SCHEDULING — 3. Conflict in Trial Settings
If a case settles at mediation, counsel must notify the Court Coordinator within 7 days to cancel existing court settings.
Counsel is required to notify the Court Coordinator within 7 davs if the case settles at mediation to cancel any existing court settings.
Page 10 | Notice to Court after Mediation
Telephone conference hearings require Court approval before the hearing date.
Conference call hearings must be approved with the Court prior to the hearing date.
Page 12 | GENERAL RULES
Attorneys practicing in these courts must maintain an operative fax number and email address at all times and provide them to the Court, the Clerks, and opposing counsel.
Any attorney practicing in the 198th & 216th Judicial District Courts shall have access to a fax machine and an email address that will be operative 24 hours a day, seven days a week. Said number and email shall be provided to the Court, the Clerks of Court, and all opposing counsel.
Page 12 | GENERAL RULES
For an out-of-county hearing within the district, the attorney must notify the District Clerk before picking up the file and return it the same day unless prior arrangements are made.
When a case is heard out of county, but within the district, it is the attornevs responsibility to transport the case file to the Judge in the County for which the hearing will be held. The attorney shall contact the District Clerk in the county for which the case is filed to let them know they will be picking the file up to transport it to another county for hearing. It is the attorney's responsibility to return the file to the District Clerk's Office the same day, unless prior arrangements are made with the District Clerk.
Page 3 | CIVIL CASES
If the parties cannot agree on an ADR referral, one party may notify the Court in writing that coordination efforts failed; the Court will then enter a referral order without a hearing and select its terms.
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, and under such terms and conditions selected by the Court.
Page 10 | Manner of Referral
If a hearing must be canceled, 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.
Page 11 | 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 11 | GENERAL RULES
If counsel cannot agree on a date, contact the Court Coordinator for guidance about setting 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 11 | GENERAL RULES
Court-attorney communications sent by fax or email to the provided contact information are deemed received, but this does not apply to filing documents with the District Clerks.
All communications between the Courts and attorneys via fax or email to the numbers and email addresses provided shall be deemed received. This does not include filing documents with the District Clerks.
Page 12 | GENERAL RULES
To obtain a reset date, contact the Court Coordinator for available dates, then coordinate with 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, then contact opposing counsel to obtain a date that is available and agreeable to all counsel.
Page 12 | GENERAL RULES
For the listed uncontested matters, no Order Setting needs to be sent; the setting can be arranged by phone with the Court Coordinator.
When requesting a setting for uncontested divorces, agreed divorces, defaults, uncontested name changes or adoptions, you do not need to send an Order Setting. These matters can be set over the phone by contacting the Court Coordinator.
Page 6 | UNCON TESTED AND DEFAULT MAT TERS
Telephone conference 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.
Page 11 | GENERAL RULES