Bowie County Court at Law

Filings must be made electronically, subject to legal exemptions, and comply with the cited e-filing orders and technology standards.

All filings shall be electronic and conform to the Texas Supreme Court’s Orders regarding electronic filings for civil and criminal matters, except as exempted by law, and shall conform to the District Clerk’s local technology e-filing guidelines, which can be found at http://www.co.bowie.tx.us and the JCIT technology standards.

Page 2 | Rule 3.1 FILING AND ASSIGNMENT OF CASES

Special exceptions and motions must be e-filed at least three days before the pre-trial hearing to be entertained.

No special exceptions or motions of any kind will be entertained by the Court unless same has been e-filed and served at least three (3) days prior to the pre-trial hearing.

Page 8 | Rule 4.12.2 MATTERS TO BE PRESENTED

Covered instruments must be presented by e-filing or, if directed, to the docket coordinator; the coordinator must be notified when an instrument is e-filed for presentation to the Court.

Any instrument involving matters previously heard or disposed of by the court, as well as instruments to be signed by the court without a hearing such as dismissals and agreed judgments, etc., shall be presented to the court via electronic filing or, if directed, to the court’s docket coordinator and shall notify the court’s docket coordinator of the e-filing of such instrument for presentation to the court.

Page 9 | 4.15.3 TO WHOM SUBMITTED

Attorneys must e-file the required final judgment, order, or divorce decree with the Court or District Clerk before the hearing in an uncontested matter set for hearing.

In all uncontested matters which are to be heard, the attorneys are directed to prepare and e-file to the Court or the District Clerk prior to hearing, a Final Judgment, Order or Decree of Divorce which is proper under the law and facts of such uncontested matter, and any relief sought shall not be granted in the absence of same.

Page 9 | 4.15.1 UNCONTESTED DECREES

The certificate of course completion must be filed at least seven days before the final hearing.

All parties must file a copy of their certificate showing completion of the course at least seven (7) days prior to the final hearing.

Civil cases

Page 1 | ORDER

If the offering party is not in court when physical evidence that cannot be digitized is offered, it must be tendered to the court no later than 7 days after the remote proceeding.

Physical evidence which cannot be rendered in digital form shall be tendered to the court no later than 7 days after the remote proceeding if the party offering the evidence is not present in the court when it is offered.

Page 2 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding, D.3

The order takes effect when the original petition is filed, remains a temporary restraining order for fourteen days, continues as a temporary injunction if no party contests it with evidence at a hearing by then, and terminates when the court signs a final order.

7.2 This order is effective upon filing of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen days after the date of filing of the original petition. If no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of the filing of the original petition, this order shall continue in full force and effect as a temporary injunction until further order of this court. This entire order will terminate and will no longer be effective once the court signs a final order.

Civil cases

Page 4 | SERVICE AND APPLICATION OF THIS ORDER

Special exceptions and motions must be filed at least three days before the pre-trial hearing to be entertained.

No special exceptions or motions of any kind will be entertained by the Court unless same has been e-filed and served at least three (3) days prior to the pre-trial hearing.

Page 8 | Rule 4.12.2 MATTERS TO BE PRESENTED

Electronic versions of trial exhibits must be submitted to the docket coordinator at least three days before the final pre-trial hearing, unless the court directs otherwise.

All exhibits to be used in the course of trial shall be marked in advance of trial so far as practical, and electronic versions of all exhibits to be offered will be submitted to the court’s docket coordinator at least three days before final pre-trial hearing, or as otherwise directed by the court.

Page 9 | 4.13.2 EXHIBITS

In all uncontested matters which are to be heard, the attorneys are directed to prepare and e-file to the Court or the District Clerk prior to hearing, a Final Judgment, Order or Decree of Divorce which is proper under the law and facts of such uncontested matter, and any relief sought shall not be granted in the absence of same.

In all uncontested matters which are to be heard, the attorneys are directed to prepare and e-file to the Court or the District Clerk prior to hearing, a Final Judgment, Order or Decree of Divorce which is proper under the law and facts of such uncontested matter, and any relief sought shall not be granted in the absence of same.

Page 9 | 4.15.1 UNCONTESTED DECREES

An attorney seeking more time to prepare an order must secure the Court’s permission within 12 days of the applicable time stated above.

If the attorney charged with the responsibility of preparation is unable to comply with this rule she or he shall, within twelve (12) days from the times stated above, secure permission of the Court to extend the time.

Page 10 | 4.15.5 TIME REQUIREMENTS

Judgments, orders, and decrees are due within 14 days of pronouncement, or within 14 days after finalization if agreed by consent or agreement.

All Judgments, Orders or Decrees of the Court shall be prepared, approved by counsel and client, when applicable, and submitted to the court within fourteen (14) days of the pronouncement, or by consent or agreement, within fourteen (14) days of the finalization of such agreed order or Decree.

Page 10 | 4.15.5 TIME REQUIREMENTS

Unless good cause is shown within ten (10) days of filing date why such temporary order should not become a temporary injunction pending the conclusion of the proceeding, such a temporary order will become a temporary injunction in the cause.

Unless good cause is shown within ten (10) days of filing date why such temporary order should not become a temporary injunction pending the conclusion of the proceeding, such a temporary order will become a temporary injunction in the cause.

Page 13 | 5.1.2 ATTORNEY RESPONSIBILITY

Vacation requests must be submitted at least four weeks in advance to be considered, and are granted only at the presiding judge’s discretion.

Such requests shall not be considered by the courts unless submitted at least 4 weeks in advance of the requested vacation weeks. Such requests will be honored by the courts at the discretion of the presiding judge.

Page 15

The withdrawal motion must be presented no earlier than seven days after the notice letter is mailed to the client.

a copy of such motion shall be mailed to the client at the last known address with a letter advising that the motion will be presented to the Court on or after a certain hour not less than seven (7) days after mailing the letter and that any objection to such withdrawal should be made to the Court in writing before such time

Page 16 | Rule 10.2 WITHDRAWAL OF COUNSEL

A withdrawal motion generally may not be presented within 30 days of trial or when it would require a trial delay, unless the Court permits it in its discretion.

Unless allowed in the discretion of the Court, no such motion shall be presented within thirty (30) days of the trial date or at such time as to require delay of the trial.

Page 16 | Rule 10.2 WITHDRAWAL OF COUNSEL

The order takes effect when the original petition is filed, remains a temporary restraining order for fourteen days, and continues as a temporary injunction if no party contests it at a hearing by then; it terminates when the court signs a final order.

7.2 This order is effective upon filing of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen days after the date of filing of the original petition. If no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of the filing of the original petition, this order shall continue in full force and effect as a temporary injunction until further order of this court. This entire order will terminate and will no longer be effective once the court signs a final order.

Page 29 | SERVICE AND APPLICATION OF THIS ORDER

At the Court’s discretion, failure to timely present a judgment, order, or decree may result in contempt, dismissal, refusal to enter, or other sanctions warranted by the circumstances.

Failure to timely present Judgments, Orders and Decrees pursuant to Rule 4.15.5 above, shall be dealt with by contempt, dismissal, refusal to enter, or such other sanctions as circumstances may warrant, at the discretion of the court.

Page 10 | 4.15.6 FAILURE TO TIMELY PRESENT

Special exceptions and motions must be served at least three days before the pre-trial hearing to be entertained.

No special exceptions or motions of any kind will be entertained by the Court unless same has been e-filed and served at least three (3) days prior to the pre-trial hearing.

Page 8 | Rule 4.12.2 MATTERS TO BE PRESENTED

The attorney filing a domestic relations action must personally furnish the client a copy of the temporary order.

The attorney filing any domestic relations action is directed to personally furnish to his client a copy of such temporary order.

Page 13 | 5.1.2 ATTORNEY RESPONSIBILITY

The specified temporary matters will be heard after notice to the opposing party on the first date set for contested non-jury matters.

In the event there are other matters which need to be considered such as excluding a spouse from the occupancy of the residence where the party is living, temporary conservatorship of children, or temporary support, such matters will be heard after notice to opposing party on the first date set for the hearing of contested non-jury matters by the judge to whom the case is assigned.

Page 13 | 5.1.2 ATTORNEY RESPONSIBILITY

Pre-trials must be held at the time and place designated by the court after notice is given.

Pre-trials shall be held at the time and place designated by the respective court after notice given.

Page 14 | Rule 6.3 MOTIONS - PRE-TRIALS

Vacation-request letters must be served on all opposing counsel in each affected matter.

Copies of such letters shall be served on all opposing counsel in each matter before the courts.

Page 15

A copy of the withdrawal motion must be served on opposing counsel electronically or by another method authorized by the applicable rules or law.

A copy of the motion shall be e-served or otherwise served in accordance with the Texas Rules of Civil Procedures or other law to opposing counsel.

Page 16 | Rule 10.2 WITHDRAWAL OF COUNSEL

The withdrawing attorney must send a copy of the post-withdrawal letter to opposing counsel and the clerk of the court where the case is pending.

and shall send a copy of such letter to opposing counsel and to the Clerk of the Court in which the case is pending.

Page 16 | Rule 10.2 WITHDRAWAL OF COUNSEL

After leave to withdraw is granted, the attorney must send the client a certified-mail letter notifying the client of the withdrawal, stating any settings, and advising the client to obtain other counsel.

After leave is granted, the withdrawing attorney shall send the client a letter by certified mail notifying her/him of the withdrawal, stating any settings for trial or otherwise, and advising the client to secure other counsel

Page 16 | Rule 10.2 WITHDRAWAL OF COUNSEL

a copy of such motion shall be mailed to the client at the last known address with a letter advising that the motion will be presented to the Court on or after a certain hour not less than seven (7) days after mailing the letter and that any objection to such withdrawal should be made to the Court in writing before such time

a copy of such motion shall be mailed to the client at the last known address with a letter advising that the motion will be presented to the Court on or after a certain hour not less than seven (7) days after mailing the letter and that any objection to such withdrawal should be made to the Court in writing before such time

Page 16 | Rule 10.2 WITHDRAWAL OF COUNSEL

Upon the filing of the appropriate jury request and payment of applicable jury fees, the parties may request an agreed jury setting, using the procedure set forth in Rule 4.1 or, which may be approved by the Court by written order, or if no setting is requested, the Court shall set each jury action for jury trial at the discretion of the Court after due consideration to the court’s trial schedule and Rule 1.

Upon the filing of the appropriate jury request and payment of applicable jury fees, the parties may request an agreed jury setting, using the procedure set forth in Rule 4.1 or, which may be approved by the Court by written order, or if no setting is requested, the Court shall set each jury action for jury trial at the discretion of the Court after due consideration to the court’s trial schedule and Rule 1.

Page 7 | Rule 4.7 REQUEST FOR JURY SETTING

Counsel must meet and confer regarding requested hearing relief, subject to the stated pro se and motion exceptions.

Except as specified below, all motions and requests for settings must be accompanied by a “certificate of conference” at the end of the motion following the certificate of service. The certificate must state: (1) that counsel has conferred with opposing counsel regarding the relief requested at the hearing and (2) whether the relief requests in the motion for hearing is opposed or unopposed. Opposed motions shall include a statement in the certificate of conference, signed by the movant’s attorney, that the personal conference or conferences required by this rule have been conducted or were attempted, the date and manner of such conference(s) or attempts, the names of the participants in the conference(s), an explanation of why no agreement could be reached, and a statement that discussions have conclusively ended in an impasse leaving an open issue for the court to resolve. In discovery-related motions, the certificate of conference shall be signed by the lead attorney and any local counsel. In situations involving an unreasonable failure to meet and confer, the movant shall set forth in the certificate of conference the facts believed to constitute bad faith. (c) The obligation to meet and confer and inclusion of a “certificate of conference” under subsection (b) is not applicable to pro se litigants or to the following motions: (1) to dismiss; (2) for judgment on the pleadings; (3) for summary judgment, including motions for partial summary judgment; (4) for new trial; (5) issuance of letters rogatory; (6) for reconsideration; (7) for sanctions (8) for writs.; and

Page 6 | 4.1 Counsel Agreement — Non-Jury Matters

A continuance in a jury case requires a written motion showing good cause, and an agreement by the parties or attorneys does not bind the court.

Motions to continue a jury case will be granted only upon a written motion to continue showing good cause. The courts will not be bound by an agreement to continue made by the parties or attorneys.

Page 7 | Rule 4.8 WRITTEN MOTIONS REQUIRED

Agreed continuances are prohibited for matters pending on the dismissal docket.

There can be no "agreed continuances" of a matter pending on the dismissal docket.

Page 8 | Rule 4.8 WRITTEN MOTIONS REQUIRED

Trial witnesses must attend while court is in session, and the trial will not be delayed because of an absent witness except under exigent circumstances.

All trial witnesses shall be in attendance while the court is in session and trial shall not be delayed for the absence of witnesses except under exigent circumstances

Page 8 | Rule 4.13.1 WITNESSES IN ATTENDANCE

A continuance for discovery will not be granted unless good cause is shown.

No continuances will be granted for purposes of discovery, except for good cause shown.

Page 8 | Rule 4.12.3 NO DELAY FOR DISCOVERY

Agreed continuances are not allowed or honored after a case has been announced ready at pre-trial.

No "agreed continuances" will be allowed after the case has been announced ready at pre-trial, and will not be honored by the courts

Page 8 | Rule 4.8 WRITTEN MOTIONS REQUIRED

An attorney unable to meet the order-preparation deadline must secure the Court’s permission to extend the time within 12 days of the applicable time stated above.

If the attorney charged with the responsibility of preparation is unable to comply with this rule she or he shall, within twelve (12) days from the times stated above, secure permission of the Court to extend the time.

Page 10 | 4.15.5 TIME REQUIREMENTS

The court’s docket coordinator must be notified when a covered instrument is e-filed for presentation to the Court.

Any instrument involving matters previously heard or disposed of by the court, as well as instruments to be signed by the court without a hearing such as dismissals and agreed judgments, etc., shall be presented to the court via electronic filing or, if directed, to the court’s docket coordinator and shall notify the court’s docket coordinator of the e-filing of such instrument for presentation to the court.

Page 9 | 4.15.3 TO WHOM SUBMITTED

When digital copies of physical evidence can be prepared, they should be emailed to the court and counsel before the hearing if practicable.

When digital copies of physical evidence can be prepared, such as audio / video recordings, documents, or images, the digital copies should be emailed to the court at Chelcie.May@bowiecounty.org, and to counsel for the parties before the hearing if practicable.

Page 2 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding, D.2

Counsel are admonished to follow ethics canons governing discussions with the Court about case facts or law outside the courtroom and outside opposing counsel’s presence.

All counsel are admonished to respect the letter and spirit of all canons of ethics including particularly those dealing with testimony by counsel participating in the trial, discussion of the facts or law of the case with the Court outside the courtroom and not in the presence of opposing counsel.

Page 20 | 11.1.6 CONDUCT OF COUNSEL

Counsel may not lean on the Bench or engage the Court in a confidential matter unless the Court gives permission or requests it.

Counsel shall never lean on the Bench or engage the Court in a confidential matter, except by permission or at the request of the Court.

Page 21 | 11.1.12 CONDUCT AT BENCH

Counsel must obtain permission before approaching the Bench.

It shall be improper to approach the Bench without first obtaining permission to do so.

Page 21 | 11.1.18 APPROACHING THE BENCH

A request for returned document copies must include the number of copies desired and a stamped, self-addressed envelope.

Request for copies of any document desired returned from Courts; Court Administrator, or District Clerk shall be accompanied by the number of copies of the document desired together with a stamped, self-addressed envelope.

Page 22 | 12.2.1 COMMUNICATIONS

Requests for electronic versions of documents may be made to the court’s docket coordinator or the District Clerk’s office.

Requests for electronic versions may be made to the court’s docket coordinator or the District Clerk’s office.

Page 22 | 12.2.1 COMMUNICATIONS