Baylor County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Requested division of community estate

At the final hearing of a contested property-division divorce, counsel for each spouse and each self-represented party must present a document identifying the requested allocation of community assets and liabilities and separate property and liabilities.

Counsel for each spouse and each self represented party shall present to the Court at the final hearing of a contested property division divorce case a document containing the following:

CRITICAL

Applies to

Pretrial matters

The listed motions, pleas, exceptions, appointments, objections, and stipulations must be properly presented for disposition at the pretrial conference or they are deemed waived.

Matters which shall be disposed of at the pretrial conference and which if not properly presented shall be deemed waived, are as follows: 9.3.5.1. Motions in limine; 9.3.5.2. Motions to suppress; 9.3.5.3. All pending dilatory pleas, all other motions, and exceptions; 9.3.5.4. Appointment of guardian ad litem or attorney ad litem; 9.3.5.5. Objections (which shall be in writing) to any discovery or proposed exhibits; 9.3.5.6. Approval of stipulations.

CRITICAL

Applies to

Setting request

Must include

certificate of service

Setting requests must certify that a copy was delivered to all counsel and self-represented parties.

Certify that a copy of the request has been duly delivered to all counsel and self represented parties.

CRITICAL

Applies to

Setting request

Setting requests must identify any unresolved discovery or other pretrial matters.

Advise which, if any, discovery, and other pretrial matters remain unresolved;

CRITICAL

Applies to

Property inventory

In a contested property-division divorce, the Petitioner must file a complete, sworn, itemized inventory and appraisement covering the parties’ and children’s property.

In all suits for dissolution of marriage in which the division of the parties’ property is contested, Petitioner shall, not later than fifteen (15) days prior to trial, file a complete, sworn itemized inventory and appraisement of all property belonging to the parties to the marriage, including separate property and community property as well as any property belonging to the children.

CRITICAL

Applies to

Continuance motion

Every continuance motion must be accompanied by an order setting the motion for a hearing.

All motions must be accompanied by an order setting the motion for a hearing.

CRITICAL

Applies to

Jury docket announcement

Each written jury announcement must estimate the time required for trial.

An estimate of the time required for trial;

CRITICAL

Applies to

Jury docket announcement

Each written jury announcement must include a certificate that the signer is the attorney in charge and that the stated information is true.

A certificate that the person signing is the attorney in charge and that the information set out is true.

CRITICAL

Applies to

Proposed decree

For a self-represented divorce involving minor children, the Court will not grant the divorce or sign the decree if it deems provisions on conservatorship, child support, or visitation ambiguous, incomplete, or unenforceable.

In any self-represented divorce that involves minor children, the Court will not grant or pronounce the divorce and sign the proposed decree if, in the opinion of the Court, the proposed decree contains language or provisions regarding conservatorship, child support or visitation rights which the Court deems to be ambiguous, incomplete or unenforceable.

CRITICAL

Applies to

Jury docket announcement

Each attorney in charge must make a written “ready” or “not ready” announcement, received by the Judge at least 14 full days before the jury setting begins.

Written announcements of “ready” or “not ready” must be made by each attorney in charge and received by the Judge at least fourteen (14) full days prior to the first day of the jury setting.

CRITICAL

Applies to

Email

Emails responding to the Judge’s inquiry must include the sender’s full name, mailing address, telephone number, applicable fax number, and applicable State Bar of Texas number.

Such emails shall include the full name, mailing address, telephone number, fax number (if applicable) and State Bar of Texas number (if applicable) of the sender.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Motions must include a certificate of conference stating that efforts to resolve the dispute without Court intervention were attempted and failed, and specifying each effort by date, action, and method.

All motions shall contain a “certificate of conference” by the party filing same that efforts to resolve the dispute without Court intervention have been attempted and failed and shall set forth specifically the efforts taken by date, action, and method.

CRITICAL

Applies to

Income statement

All parties must provide a written statement of each party’s gross income for the preceding three calendar months and three calendar years, supported by paystubs and tax returns.

All parties to this action shall file and deliver to all parties, at least by the day preceding the hearing herein ordered, a written statement showing the accurate gross income of each party hereto for the last preceding three (3) calendar months and last preceding three (3) calendar years. This statement must include proof of income in the form of paystubs and tax returns.

CRITICAL

Applies to

Setting request

Setting requests must state whether the trial is jury or non-jury and estimate the time needed for the entire case.

Advise that the case is either a non-jury or jury trial and the estimated time for trial for the entire case;

CRITICAL

Applies to

Application for court appointed counsel

An applicant for court-appointed counsel must fully complete the indigency affidavit and provide satisfactory proof of indigency.

An applicant for court appointed counsel must fully complete said affidavit and must provide satisfactory proof of indigency.

CRITICAL

Applies to

Continuance motion

A continuance motion based on a conflicting setting must identify that setting by style, docket number, and judge.

If the basis of a continuance is a conflicting setting, the motion must identify the conflicting setting by style, docket number, and judge.

CRITICAL

Applies to

Preliminary matters

Counsel and self-represented parties must file and present all preliminary matters at pretrial conferences.

It shall be the duty of all counsel and self-represented parties to file and present to the Court all preliminary matters at the pretrial conferences.

CRITICAL

Applies to

Proposed order

The prevailing party must prepare and promptly submit a proposed order after the hearing or ruling.

The prevailing party shall prepare the proposed order within fourteen (14) days after the hearing or ruling and promptly submit the same to the Court.

CRITICAL

Applies to

Jury docket announcement

Every “not ready” announcement must be accompanied by a detailed and proper motion for continuance.

All announcements of “not ready” shall be accompanied by a detailed and proper motion for continuance.

CRITICAL

Applies to

Order setting hearing

The party seeking a hearing on requested spousal maintenance or child support must prepare an order setting hearing that includes the prescribed language.

the party seeking a hearing shall prepare an order setting hearing which includes the following language:

CRITICAL

Applies to

Bankruptcy conclusion notice

After a bankruptcy concludes, counsel must promptly notify the Court Administrator and include a copy of the bankruptcy order.

Once a bankruptcy has been concluded, whether by discharge, denial of discharge, dismissal or otherwise, counsel shall promptly notify the Court Administrator and shall include a copy of such bankruptcy order so that the affected case may be restored to the active docket or be dismissed as may be appropriate.

CRITICAL

Applies to

Waiver of arraignment

Each defendant and any counsel must appear in person for arraignment unless a written waiver of arraignment has been filed.

Each Defendant and counsel, if any, shall appear in person for arraignment unless a written waiver of arraignment has been filed.

CRITICAL

Applies to

Jury trial readiness notice

For each criminal case in which the State is ready for jury trial, the District Attorney must send the Court Administrator a written notice listing the names and addresses of the Defendant, defense counsel, and bondsman.

The District Attorney shall notify the Court Administrator, in writing, of all criminal cases in which the State is ready for jury trial. Such notices shall include the names and addresses of the Defendant, Defendant’s counsel, and bondsman.

CRITICAL

Self-represented litigants must prepare their own pleadings and proposed orders.

Self-represented litigants are required to prepare their own pleadings and proposed orders.

CRITICAL

Applies to

Proposed jury charge

Each party must submit a proposed jury charge to the Court at or before the pretrial.

Each party shall at or before the pretrial submit to the Court a proposed jury charge.

CRITICAL

Applies to

Jury docket announcement

Each written jury announcement must state that reasonable settlement efforts were attempted and whether the announcing party made a rejected bona fide settlement offer.

That all reasonable efforts to settle have been attempted and whether the announcing party has made a bona fide offer of settlement that has been rejected and;

CRITICAL

Applies to

Setting request

Setting requests must be written and timely delivered to the Court Administrator.

Be written and timely delivered to the Court Administrator;

CRITICAL

Applies to

Scheduling order exception

An exception to the scheduling order must be requested in writing, approved by the Court, and filed in the case.

Any exception to the scheduling order must be in writing, approved by the Court and filed in the case.

CRITICAL

Applies to

Jury docket announcement

A “ready” announcement must state that all pretrial matters are disposed of and that all pretrial orders and local rules have been complied with.

If the announcement is “ready,” that all pretrial matters have been disposed of and all pretrial orders and the local rules have been complied with.

CRITICAL

Self-represented litigants must provide an address, telephone number, and current email address where they can be reached.

Self-represented litigants are required to provide address, telephone, and a current email address at which they can be reached.

CRITICAL

Applies to

Objections

Objections to discovery or proposed exhibits must be in writing.

Objections (which shall be in writing) to any discovery or proposed exhibits;

CRITICAL

Applies to

Jury docket announcement

A “not ready” announcement must set out the specific reasons the case is not ready.

If the announcement is “not ready,” the specific reasons shall be set out

CRITICAL

Applies to

Bankruptcy notice

Written notice of a bankruptcy filing must be given to the Court and all counsel, with the specified bankruptcy and counsel details.

within three (3) days of any bankruptcy filing, to provide written notice to the Court and all counsel that a bankruptcy filing has occurred giving the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing and the name and address of counsel for the bankrupt.

CRITICAL

Applies to

Proposed final order or decree

Every proposed final order or decree must properly describe the parties’ appearances and include a waiver of a record for consideration without a hearing.

Every proposed final order or decree must properly describe the appearances of the parties and contain a waiver of a record to be considered for approval without a hearing.

CRITICAL

Applies to

Proposed final decree

A self-represented divorce will not be granted until a proposed final decree is submitted with or before the request to set a final hearing.

The Court will not grant a self represented divorce unless and until a proposed final decree is submitted to the Court along with or prior to the request for a setting for final hearing.

WARNING

Applies to

Agreed scheduling order

The Court may waive the pretrial scheduling conference if an Agreed Scheduling Order is submitted and approved.

The pretrial scheduling conference may be waived if an Agreed Scheduling Order is submitted to and approved by the Court.

WARNING

Applies to

Bond

Copies of bonds must be furnished to the Court Administrator in a timely manner.

Copies of bonds shall be timely furnished to the Court Administrator.