Bowie County Court at Law Document Filing Requirements

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must include either the client’s written consent or another lawyer’s certificate that the lawyer has been retained.

Such motion shall be accompanied by the client’s written consent to such withdrawal or a certificate by another lawyer that he has been employed to represent the client

CRITICAL

Applies to

Attorney in charge designation

The first-named attorney is treated as attorney in charge unless a written designation of another attorney appears in the file.

In all suits filed in Bowie County, the attorney whose name first appears upon the first pleading shall be considered by the Courts to be the attorney in charge of the case, unless there appears in the file a written designation of an attorney in charge other than the attorney whose name first appears upon the pleadings.

CRITICAL

Applies to

Judgment order or decree

Court judgments, orders, and decrees must be prepared, approved by counsel and client when applicable, and submitted within 14 days of pronouncement or, for an agreed order or decree, within 14 days of its finalization.

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.

CRITICAL

Applies to

Order decree or judgment

When both sides have counsel, orders, decrees, and judgments must be submitted to opposing counsel for approval before court submission; agreed decrees and orders require approval by all attorneys and clients unless the Court approves or orders otherwise.

When both sides are represented by counsel all Orders, Decrees and Judgments shall be submitted to the opposing counsel for approval before submission to the Court. All agreed decrees and Orders shall be approved by all attorneys and their clients, unless otherwise approved or ordered by the Court.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach a copy of the order to the original petition and each copy; if the Petitioner has 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

Order or decree

For an uncontested case, the order or decree disposing of it must be prepared and presented before testimony, unless the court permits otherwise.

No uncontested case will be heard unless the order or decree disposing of same is prepared and presented to the Court prior to the taking of testimony, except by permission by the court.

CRITICAL

Applies to

Judgment order or decree

Counsel for the party directed by the Court must prepare its pronounced judgments, orders, and decrees in writing; if no party is directed, the moving party must do so.

All Judgments, Orders and Decrees pronounced by the Court shall be reduced to writing by counsel for the party directed to prepare same or if no party is directed by the court, by the moving party.

CRITICAL

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 the order 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.

CRITICALCivil cases

Applies to

Certificate of course completion

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

CRITICAL

Applies to

Plea bargain

Plea bargains must be in writing and presented to the Court before plea acceptance.

All plea bargains shall be reduced to writing and presented to the Court in advance of plea acceptance.

CRITICAL

Applies to

Final judgment order or divorce decree

In an uncontested matter set for hearing, attorneys must prepare and e-file a legally and factually proper final judgment, order, or divorce decree before the hearing; relief will not be granted without it.

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.

CRITICAL

Applies to

Petition

The Clerk must attach the temporary order to each petition for service on the Respondent or Defendant.

The Clerk of the Court is directed to attach to each petition such order for service on the Respondent or Defendant.

CRITICAL

Applies to

Discovery related motion

Must include

certificate of conference

A discovery-related motion’s certificate of conference must be signed by the lead attorney and any local counsel.

In discovery-related motions, the certificate of conference shall be signed by the lead attorney and any local counsel.

CRITICAL

Applies to

Motion or setting request

Must include

certificate of conference

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.

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.

CRITICAL

The withdrawal motion must include the required consent or lawyer’s certificate and an attached copy of the client notice letter, which must give the specified presentation and objection information.

Such motion shall be accompanied by the client’s written consent to such withdrawal or a certificate by another lawyer that he has been employed to represent the client, and 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, and a copy of such letter shall be attached to the motion.

CRITICAL

Applies to

Motion to withdraw

An attorney of record must present a motion and obtain a court order granting leave before withdrawing.

No attorney of record shall be permitted to withdraw from any case without presenting a motion and obtaining from the court an order granting leave to withdraw.

CRITICAL

Applies to

Motion

Must include

certificate of conference

If there was an unreasonable failure to meet and confer, the movant must state the facts believed to show bad faith in the certificate of conference.

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.

CRITICAL

Applies to

Opposed motion

Must include

certificate of conference

For opposed motions, the signed certificate of conference must document the personal conference or attempts and the resulting impasse.

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.

CRITICAL

Applies to

Withdrawal notice letter

The post-withdrawal letter to the client must state the withdrawal, any trial or other settings, and the advice to secure 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

CRITICAL

Applies to

Jury instructions

Jury charges and requested instructions must be furnished when requested by the trial judge, at the time the judge directs.

All jury charges and requested instructions shall be furnished upon request of the trial judge at such time as the judge may direct.

WARNING

Applies to

Additional practice or procedure

Additional practices or procedures must be written, filed with the District Clerk, published online, and made available at the District Clerk’s office.

Any additional practice or procedures must be in writing and filed with the District Clerk's office, shall be published on the District Clerk's website, and shall be made available in the District Clerk's office during normal business hours.