Blanco County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Support information

The party receiving support must provide the District Clerk's office with the information it requires.

2. Information. The party who is to receive support shall provide to the District Clerk's office the information required by that office.

CRITICAL

Applies to

Designation of lead attorney

When more than one attorney represents a defendant, the lead attorney must file a designation of lead attorney with the Court.

In the event more than one Attorney represents a Defendant, then the lead Attorney shall file with the Court a designation of lead Attorney.

CRITICAL

Applies to

Proposed disposition of issues

If the trial setting remains and the parties agree on community property and debt issues, they must deliver either their signed written agreement or a single Proposed Disposition of Issues stating the agreement and signed by both parties.

b) If the parties have an agreement on issues pertaining to the division of community property and community debt, and the trial on the merits on the Court's docket setting remains at the time the parties are required to deliver the Proposed Disposition of Issues, the parties shall deliver to the Court Coordinator either a signed copy of their written agreement or a single Proposed Disposition of Issues stating their agreement and signed by both parties.

CRITICAL

Applies to

Proposed support decision and information

If the parties agree on all support issues and the setting remains on the docket, they must deliver either their signed written agreement or a single Proposed Support Decision and Information stating the agreement and signed by both parties.

b) If the parties have an agreement on all issues pertaining to support, and the setting remains on the Court's docket at the time when the Proposed Support Decision and Information forms must be delivered, the parties shall deliver to the Court Coordinator either a signed copy of their written agreement or a single Proposed Support Decision and Information stating their agreement and signed by both parties.

CRITICALCivil cases

Applies to

No evidence motion

A no-evidence summary-judgment motion must include a separate docketing statement that either confirms a presumptive discovery threshold or explains specifically why adequate discovery time has otherwise passed.

Any no-evidence motion for summary judgment must be accompanied by a separate Adequate-Time-for-Discovery Docketing Statement which shall affirmatively state that one of the presumptive discovery thresholds has been met or set forth specific grounds explaining why an adequate time for discovery has otherwise passed.

CRITICAL

Applies to

Divorce decree

The party preparing a divorce decree for the Judge must also complete required vital-statistics forms and other District Clerk documents.

4. Other Forms. The party who is responsible for preparing a decree of divorce for the Judge to sign is also responsible for completing any vital statistics forms and other documents required by the District Clerk's office.

CRITICAL

Applies to

Proposed disposition of other issues

When a party must deliver disputed or agreed pre-trial forms, the party must also deliver a Proposed Disposition of Other Issues to each opposing party and the Court Coordinator, stating each additional requested trial or hearing decision separately in brief, complete sentences.

Except for temporary orders requirements, at the time any party is required by these Rules to deliver one or more disputed or agreed pre-trial forms, the party shall also deliver to each opposing party and to the Court Coordinator a Proposed Disposition of Other Issues, which shall state separately in brief, complete sentences each trial or hearing decision that is sought by the party not covered by a required form.

CRITICAL

Applies to

Pre trial matter for hearing

Must include

certificate of conference

The Court Coordinator will not set a pre-trial matter for hearing unless it is accompanied by one of the specified certificates.

- b) The Court Coordinator will not set any pre-trial matter for hearing unless it is accompanied by one of the foregoing certificates.

CRITICAL

Applies to

Motion or special exception

Must include

proposed order

For an unopposed motion or special exception, the moving party must submit a proposed order signed by counsel for all parties affected by the order.

If the motion or special exception will not be opposed, the moving party shall submit a proposed order signed by a Counsel for all parties affected the order indicating approval of same.

CRITICAL

Applies to

Proposed support decision and information

For a trial determining child or spousal support, each party must deliver a completed Proposed Support Decision and Information in the Exhibit B form to the opposing party and Court Coordinator by 5:00 p.m. seven days before trial.

a) Before 5:00 p.m. on the date that is seven days prior to the date set for a trial on the merits before a Judge to determine an amount of child or spousal support, each party shall deliver to the opposing party and to the Court Coordinator of the Court in which the case is filed a Proposed Support Decision and Information, fully completed and in the form attached to these Rules as Exhibit "B".

CRITICAL

Applies to

Substitution order

A substitution motion may be granted without a hearing if the order is signed by the defendant and both incoming and outgoing attorneys.

Motions to substitute Counsel will be granted without hearing if the order is signed by the Defendant as well as the incoming and outgoing Attorneys.

CRITICAL

Applies to

Proposed disposition of issues

Each party in a divorce trial must deliver a fully completed Proposed Disposition of Issues in the Exhibit A form to the opposing party and Court Coordinator before 5:00 p.m. seven days before trial.

- a) Before 5:00 p.m. on the date that is seven (7) days prior to the date set for a trial on the merits for any divorce trial, each party shall deliver to the opposing party and to the Court Coordinator of the Court in which the case is filed a Proposed Disposition of Issues, fully completed and in the form attached as Exhibit "A" to these Rules.

CRITICAL

Applies to

Notice of setting

Must include

certificate of conference

If counsel do not agree on a trial setting, the attorney setting the case must immediately notify opposing counsel and include a detailed certificate of conference on the notice of setting.

If the case is set without agreement of Counsel, the Attorney who set the case shall immediately notify opposing Counsel according to the Rules of Civil Procedure, and provide a written certificate of conference on their notice of setting explaining in detail their attempts to confer with opposing counsel regarding the date.

CRITICAL

Applies to

Mediation certification

Counsel must certify to the Court seven days before trial that mediation procedures did not resolve the dispute.

Counsel must certify to the Court that they were unable to resolve the dispute by any mediation procedure seven (7) days before trial commences.

CRITICALCriminal cases

Applies to

Witness list

The State must provide a list of qualifying guilt/innocence witnesses at least 10 days before trial, unless good cause is shown.

A list of all witnesses, whose names do not appear in discovery material provided, who will be called by the State as witnesses in its case in chief on guilt/innocence at the trial of the case, at least 10 days prior to the date the trial is set to commence, unless good cause shown.

CRITICAL

Applies to

Application

The County Indigent Defense Plan application and qualifications must be completed and submitted.

application and qualifications made part of the County's Indigent Defense Plan must be completed and submitted.

CRITICAL

Applies to

Application for appointment list

An attorney must submit the approved application to be placed on the appointment list.

To be on the list the Attorney must submit the approved application.

CRITICAL

Applies to

Notice of retained counsel

Upon being retained, defense counsel must give written notice of the employment to the District Attorney, District Clerk, and Court Coordinator for the court where the case is filed.

Upon employment, the Defense Attorney shall give written notice thereof to the District Attorney, the District Clerk and the Court Coordinator in the Court in which the case is filed.

CRITICALCivil cases

Applies to

No evidence motion

A docketing statement must be filed with a no-evidence motion to avoid automatic abatement.

A no-evidence motion filed before adequate discovery is met or without a docketing statement is automatically abated.

CRITICAL

Applies to

Court appointed counsel application

An attorney seeking placement on the court-appointed counsel list must submit an application with the specified identifying information and licensure proof, and complete and submit the application and qualifications required by the County's Indigent Defense Plan.

To be on the list the Attorney must volunteer by submitting an application providing the name, address and telephone number, together with proof that he or she is licensed by the Supreme Court of Texas. In addition, the application and qualifications made part of the County's Indigent Defense Plan must be completed and submitted.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach a copy of this order to the original petition and every copy of it.

The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.

CRITICALCivil cases

Applies to

Motion to reinstate no evidence motion for summary judgment

After adequate time for discovery has run, the filing party must file a motion to reinstate the abated no-evidence motion for summary judgment.

once abated, the filing party must file a motion seeking to reinstate the no evidence motion for summary judgment once an adequate time for discovery has run.

CRITICALCivil cases

Applies to

Petition

If the Petitioner has not attached the order when filing the petition, the Clerk must attach it to the petition and every copy presented.

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

Sworn inventory and appraisement

Each party must file a sworn inventory and appraisement of the parties' separate and community property, including children's property, within 60 days after the Respondent's answer or waiver is filed.

- a) Within sixty days after Respondent's answer or waiver is filed, each party shall file with the District Clerk, a copy being furnished to the Judge, opposing Counsel and pro se parties, a sworn inventory and appraisement of all property (both separate and community) of the parties, including any property belonging to children of the parties.

CRITICAL

Applies to

Discovery checklist

The District Attorney's office will provide the defense a checklist of discovery materials and file the checklist with the Court when discovery is complete.

To encourage the expeditious disposal of cases, to promote judicial economy, and without the diluting the rights of Defendants and in the interest of justice, the District Attorney's office will provide a check list of discovery material provided informally to the Defense Attorney and the list will be filed with the Court upon completion of discovery.

CRITICAL

Applies to

Motion or special exception

Must include

certificate of conference

If a motion or special exception is opposed, the moving party must include one of the specified conference certificates at the end of the pleading.

If the motion or special exception will be opposed, the moving party shall include at the end of Movant's pleading one of the following certificates: - 1) "A conference was held on (date) with (name), Attorney for opposing party, on the substance of this motion or special exception. We are not able to agree, therefore, the matter is presented to the Court for determination," or; - 2) "I was unable to reach opposing Counsel, (name), to confer about the merits of this matter, after the following attempts: (briefly state the dates and nature of the unsuccessful attempts to contact opposing Counsel)." or; - 3) In multi-party cases, "Before setting this matter for hearing, I attempted to resolve this dispute by sending the attached letter to all Counsel of record."

CRITICAL

Applies to

Proposed support decision and information

Immediately before a temporary-orders hearing involving child or spousal support, each party must deliver a completed Exhibit B Proposed Support Decision and Information to the Court and, if known, the opposing party.

Immediately before a hearing on temporary orders in which the Court must decide temporary child support or temporary spousal support, each party shall deliver to the opposing party if known, and to the Court, a Proposed Support Decision and Information, fully completed and in the form attached to these Rules as Exhibit "B".

CRITICAL

Applies to

Pleading

Must include

certificate of conference

For an opposed motion or special exception, the moving party must place one of the specified conference certificates at the end of the pleading, using the multi-party certificate where applicable.

If the motion or special exception will be opposed, the moving party shall include at the end of his pleading one of the following certificates: - 1) "A conference was held on (date) with (name), Attorney for opposing party, on the substance of this motion or special exception. We are not able to agree, therefore, the matter is presented to the Court for determination," or - 2) "I was unable to reach opposing Counsel, (name), to confer about the merits of this matter, after the following attempts: (briefly state the dates and nature of the unsuccessful attempts to contact opposing Counsel)." Or - 3) In multi-party cases, "Before setting this matter for hearing, I attempted to resolve this dispute by sending the attached letter to all Counsel of record."

CRITICAL

Applies to

Wage assignment order

The party receiving support by wage assignment must have the District Clerk's required forwarding documents completed and filed with the wage assignment order.

The party is also responsible for having all documents required by the District Clerk for forwarding wage assignments completed and filed with the wage assignment order.

CRITICAL

Applies to

Notice of setting

Must include

certificate of conference

If a trial is set without counsel’s agreement, the setting attorney must notify opposing counsel and include on the notice of setting a written certificate detailing attempts to confer about the date.

If the case is set without agreement of Counsel, the Attorney who set the case shall immediately notify opposing Counsel according to the Rules of Civil Procedure, and provide a written certificate of conference on their notice of setting explaining in detail their attempts to confer with opposing counsel regarding the date.

CRITICALCivil cases

Applies to

Oral argument request

A request for oral argument must be in writing.

Any request for oral argument must be made in writing at least seven (7) days prior to the hearing date and must be e-filed and served on all parties.

CRITICAL

Applies to

Proposed order

For an unopposed motion or special exception, the moving party must submit a proposed order signed by counsel for all affected parties to indicate approval.

If the motion or special exception will not be opposed, the moving party shall submit a proposed order signed by Counsel for all parties affected by the order indicating approval of same.

CRITICAL

Applies to

Child support order or decree

A child-support order or decree must direct payments through the Attorney General's Child Support Disbursement Unit unless otherwise directed.

Every order or decree requiring payment of child support shall require all payments be made through the Attorney General's Office, Child Support Disbursement Unit, unless otherwise directed.

CRITICAL

Applies to

Pre trial matter

A pre-trial matter will not be set for hearing without one of the previously described certificates, subject to the listed exceptions.

- b) The Court Coordinator will not set any pre-trial matter for hearing unless it is accompanied by one of the foregoing certificates. - c) This rule does not apply to cases in which no opposing Attorney has entered an appearance, or to matters involving family violence, habeas corpus, attachment, contempt of court, or temporary orders.

CRITICALCivil cases

Applies to

Proposed order

All parties must e-file proposed orders before the hearing or submission date.

All parties shall e-file proposed orders prior to the hearing or submission date.

CRITICAL

Applies to

Designation of lead attorney

When more than one attorney represents a defendant, the lead attorney must file a designation of lead attorney with the Court.

In the event more than one attorney represents a Defendant, than the lead Attorney shall file with the Court a designation of lead Attorney.

CRITICAL

Applies to

Motion for new trial

In the stated circumstances, trial counsel must file a Motion for New Trial before withdrawing.

If a defendant has been deemed to be indigent or files for appointed counsel after conviction, trial counsel shall file a Motion for New Trial and a Notice of Appeal before withdrawing from the case.

WARNING

Applies to

Reporter record designation

A reporter-record designation must identify the date of each requested hearing and state whether a hard paper copy is needed.

All official reporter's records are archived by date; therefore, the written designation to the Official Court Reporter must include the date specificity regarding each specific hearing being requested to be included in the Reporter's Record on appeal. Designation of Reporter's Record must also specify if a hard paper copy is needed, otherwise all records will be delivered in an electronic PDF format via email or CD.

WARNING

Applies to

Wage assignment order

The party receiving support by wage assignment is responsible for presenting the wage assignment order to the Judge, if possible, when the divorce decree or modifying order is signed.

3. Wage Assignment Order. The party who is to receive support through a wage assignment is responsible for presenting the wage assignment order to the Judge, if at all possible, at the time a decree of divorce or order modifying a prior order is signed.

WARNING

Applies to

Sworn inventory and appraisement

Inventories and appraisements need not be filed if a written agreement completely settles the parties' property, custody, and support matters.

- b) In the event of the filing of a written agreement completely settling the property of the parties to such action and all custody and support matters, it shall not be necessary to file such inventories and appraisements.

WARNING

Applies to

Sworn inventory and appraisement

The parties may agree in writing to exchange inventories without filing them or to delay filing, but the Court may still require filing unless a written agreement completely settles property, custody, and support matters.

- d) The parties may agree in writing to exchange inventories without filing the inventories or to delay filing inventories beyond sixty days after an answer or waiver is field, but the Court may require the filing of same, over the objection of all parties, unless there is a written agreement completely settling the property and all custody and support matters.

WARNING

Applies to

Domestic relations order

The party receiving a portion of another party's retirement benefit through a domestic relations order is responsible for presenting the order, if possible, when the divorce decree is signed.

5. QDRO. The party who is to receive a portion of another party's retirement benefit through a domestic relations order is responsible to present the order, if at all possible, at the time the decree of divorce is signed.