Bandera County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Cover letter

The submission must include a cover letter stating that all counsel agreed to the date and giving the estimated hearing time.

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.

CRITICAL

Applies to

Hearing setting submission

After an agreeable hearing date is obtained with all counsel, the requesting party must forward the file-marked Motion and an 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.

CRITICAL

Applies to

Order resetting

Submit an Order Resetting with a cover letter identifying the date agreed to by the parties.

Send an Order Resetting with a cover letter advising the Coordinator of the date the parties have agreed on.

CRITICAL

Applies to

Proposed agreed order

Must include

proposed order

The proposed Agreed Order Setting must state the agreed date and be accompanied by 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.

CRITICAL

Applies to

Request or cover letter

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

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.

CRITICAL

Applies to

Request for setting

The non-jury Request for Setting must have the same contents as the jury-trial Request for Setting, except for item d.

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

CRITICAL

Applies to

Scheduling order

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.

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

Order setting

Orders must be signed by the respective DA's offices.

Orders shall be signed by respective DA's offices.

CRITICAL

Applies to

Request for setting

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 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.

CRITICALCriminal cases

Applies to

Motion

An attorney seeking hourly compensation must obtain court permission by motion before billing hourly.

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.

CRITICAL

Applies to

Request for setting

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

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

CRITICAL

Applies to

Expert disclosure

Expert disclosures must be in writing and include, at minimum, the expert’s name and address.

Such disclosure shall be in writing and include at a minimum the name and address of such person.

CRITICAL

Applies to

Request for setting

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.

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.

CRITICAL

Applies to

Judgment decree or order

Within 60 days after a ruling is rendered or announced, or counsel announces settlement, counsel must put any judgment, decree, or order in writing, send 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.

CRITICAL

Applies to

Income and expense statement

In contested support hearings, attorneys must prepare complete written income and expense statements for their clients and present them to the Court before the hearing.

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.

CRITICAL

Applies to

Order setting

All Counsel's names, fax numbers and email addresses (if any) need to be on the order. (Names, addresses, emails, if pro se)

All Counsel's names, fax numbers and email addresses (if any) need to be on the order. (Names, addresses, emails, if pro se)

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 Court representing said defendant.

CRITICAL

Applies to

Ex parte tro or protective order application

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.

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.

CRITICALCivil cases

Applies to

Petition

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.

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.

CRITICAL

Applies to

Request for setting

For a trial date, submit an Order Setting with a file-marked Request for Setting; for a pre-trial date, submit a letter stating the agreed date.

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.

CRITICAL

Applies to

Order setting

The bottom of the Order Setting must list the names and fax numbers of all counsel of record, and their email addresses if any.

Names, FAX NUMBERS, and email addresses if any, of all counsel of record.

CRITICAL

Applies to

Ex parte tro or protective order application

An application for a TRO or Protective Order without notice must be accompanied by the applicant's verified complaint or affidavit; testimony will not be heard except for an 83.006 Family Code Motion.

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.

CRITICAL

Applies to

Filing

Pro se filers must have a file-marked copy.

Pro Se filers must have a file marked copy.

CRITICAL

Applies to

Order setting

The bottom of the Order Setting must list the names and addresses of any pro se litigants who are parties, and their email addresses if any.

Names, ADDRESSES and email addresses if any, of any Pro Se litigants who are a party to the suit.

CRITICAL

Applies to

Proposed jury questions

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

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

CRITICAL

Applies to

Filing

Attorney filings must be file marked before they are submitted to the Court Coordinator.

All filings by attorneys must be E-filed with the District Clerk and file marked prior to being submitted to the Court Coordinator.

CRITICAL

Applies to

Motion

Must include

certificate of service, certificate of conference

Each motion must include a certificate of conference stating whether a conference occurred and its result, and a certificate of service identifying the addressee, full address, and manner and means of service.

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.

CRITICAL

Applies to

Written inventory of assets and liabilities

In contested property-division cases with more than $250,000 in disputed assets, attorneys must prepare and submit a complete written inventory of their clients' marital and separate estate assets and liabilities before trial.

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.

CRITICAL

Applies to

Original citation

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.

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.

CRITICALCriminal cases

Applies to

Attorney fee statement

Each attorney must prepare and submit to the trial judge a detailed statement listing the services performed, the date of each service, and the time spent on each service to the tenth of an hour.

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:

CRITICALCriminal cases

Applies to

Motion

Must include

proposed order

A motion seeking hourly compensation must include a proposed order or the request will not be considered.

The motion shall be accompanied by a proposed order. If no order is provided, the hourly rate request will not be considered.

CRITICAL

Applies to

Ex parte order application

When presenting an ex parte application, counsel must provide a written certification at that time; the excerpt begins a certification that the opposing party is unrepresented to counsel's knowledge.

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

CRITICAL

Applies to

Original petition

A copy of the Court's Standing Order must be attached to the Original Petition in every family law case.

The Court's Standing Order shall be attached to the Original Petition in all family law cases.

WARNING

Applies to

Expert disclosure request

Either side may request expert disclosures in writing by letter or email; no motion is necessary.

Upon written request by either side, (letter or e-mail is adequate, no motion is necessary)

WARNING

Applies to

Request for setting

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.

WARNING

Applies to

Motion

Must include

certificate of service

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.

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).

WARNING

Applies to

Order setting

An Order Setting missing the required names, fax numbers, or email addresses will be held until corrected and resubmitted.

Any Order Setting without names/fa es/emails, will be held until corrected and re-submitted.

WARNING

Applies to

Order setting

An Order Setting without a hearing date agreed to with the DA's Office will be held until an agreed date is obtained.

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.

WARNING

Applies to

Request for setting

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

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

WARNING

Applies to

Proposed order setting

Proposed Order Settings should list everyone who needs notice and provide attorneys’ contact details or pro se litigants’ contact details as specified.

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 . *

WARNINGCriminal cases

Applies to

Motion

The attorney should explain in the motion why an hourly rate is necessary.

In such motion, the attorney should outline why an hourly rate is necessary.

WARNING

Applies to

Discovery motion

If further particularized discovery is necessary, the Defense may file a written discovery motion limited to matters not covered by the order.

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,

WARNING

Applies to

Order setting

If the Request for Setting identifies pending pretrial matters under item h.(1), send an Order Setting with an agreed hearing date for the pretrial hearing.

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.

INFO

Applies to

Order setting

An Order Setting is not required when requesting a setting for the listed uncontested matters.

When requesting a setting for uncontested divorces, agreed divorces, defaults, uncontested name changes or adoptions, you do not need to send an Order Setting.