Bowie County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- 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.
- Agreed continuances are not allowed after a case is announced ready at pretrial; cases remaining on the docket afterward will proceed to trial, settlement, or dismissal.
- Agreed continuances are not allowed for matters pending on the dismissal docket.
- +2 more
Request must include
Document Format Requirements1 rule
All exhibits to be used in the course of trial shall be marked in advance of trial so far as practical,
- Exhibits
Formatting
- •Mark exhibits before trial so far as practical
Document Filing Requirements25 rules
All parties must file a copy of their certificate showing completion of the course at least seven (7) days prior to the final hearing.
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.
- Placement
- Certificate section
Must include
- •Certificate of conference
For opposed motions, the certificate of conference must be signed by the movant’s attorney and document the conference or attempts, participants, date and manner, reason no agreement was reached, and the impasse.
- Document
- Opposed motion
- Placement
- Certificate section
Must include
- •Certificate of conference
Court's wording
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.
Except for the stated exemptions, motions and requests to set non-jury hearings or bench trials must include a certificate of conference after the certificate of service stating whether counsel conferred and whether the requested relief is opposed.
- Document
- Motion or setting request
- Placement
- Certificate section
Must include
- •Certificate of conference
Court's wording
All requests for settings of non-jury hearings or bench trials must include a “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.
In discovery-related motions, the certificate of conference shall be signed by the lead attorney and any local counsel.
- Document
- Discovery related motion
- Placement
- Certificate section
Must include
- •Certificate of conference
An appropriate jury request must be filed before the parties may request an agreed jury setting.
Court's wording
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.
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.
All agreed decrees and Orders shall be approved by all attorneys and their clients, unless otherwise approved or ordered by the Court.
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.
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.
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.
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.
All plea bargains shall be reduced to writing and presented to the Court in advance of plea acceptance.
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,
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.
The client must receive the motion by mail with a letter stating when it will be presented, advising how to object, and a copy of that letter must be attached to the motion.
Court's wording
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.
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,
If the petitioner has not attached the order, the Clerk must attach it to the petition and every copy presented when the petition is filed.
Court's wording
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.
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
If the Petitioner has not attached the order, the Clerk must ensure it is attached to the petition and every copy presented when the petition is filed.
Court's wording
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.
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
The meet-and-confer obligation and certificate-of-conference requirement do not apply to pro se litigants or the motions listed in the rule.
Court's wording
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
All jury charges and requested instructions shall be furnished upon request of the trial judge at such time as the judge may direct.
The attorney named first on the first pleading is considered attorney in charge unless a written designation of another attorney appears in the file.
Court's wording
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.
Should a matter become uncontested immediately preceding the time of hearing, evidence will be heard and the case disposed with Order Judgments and Decrees handled pursuant to Rules 4.15.2, 4.15.3, and 4.15.5.
Filing & Service rules
Electronic Filing Rules
All filings must be electronic and comply with the applicable Texas Supreme Court orders, the District Clerk’s e-filing guidelines, and JCIT technology standards, except where exempted by law.
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 FILING AND ASSIGNMENT OF ACTIONS
Special exceptions and motions must be e-filed at least three days before the pretrial hearing.
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
Attorneys in uncontested matters set for hearing must e-file the Final Judgment, Order, or Decree of Divorce with the Court or District Clerk before the 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
Present covered instruments to the Court by e-filing, or to the docket coordinator if directed, and notify the coordinator of the e-filing 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
Filing Timing and Cure Windows
The course-completion certificate 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
Special exceptions and motions must be e-filed and served at least three days before the pretrial hearing.
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
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
Submit electronic exhibit versions at least three days before the final pre-trial hearing, unless the court directs otherwise.
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
Prepare, obtain counsel and client approval when applicable, and submit judgments, orders, or decrees within 14 days after pronouncement, or, by consent or agreement, within 14 days after finalization of the agreed order or decree.
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
Good cause must be shown within ten days of filing to prevent the temporary order from becoming a temporary injunction for the proceeding.
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
The withdrawal motion may not be presented until at least seven days after the client notice letter is mailed.
the motion will be presented to the Court on or after a certain hour not less than seven (7) days after mailing the letter
Page 16 | Rule 10.2 WITHDRAWAL OF COUNSEL
Unless the Court allows otherwise, a withdrawal motion may not be presented within 30 days of trial or at a time that would require delaying trial.
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
A party must contest the order by presenting evidence at a hearing no later than fourteen days after the original petition is filed to prevent the order from continuing as a temporary injunction.
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.
Page 29 | 7. 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 it, 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
Vacation-week requests must be submitted at least four weeks in advance, and the presiding judge decides whether to honor them.
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
Service and Proof of Service Rules
Special exceptions and motions must be served at least three days before the pretrial hearing.
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
Other specified temporary matters are heard after notice to the opposing party on the first contested non-jury hearing date; they are not heard ex parte absent exigent circumstances, and extraordinary relief requires a court hearing.
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. No such matters will be heard on an ex parte basis absent exigent circumstances and extraordinary relief shall be obtained only after a hearing before the Court.
Page 13 | 5.1.2 ATTORNEY RESPONSIBILITY
An 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 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.
Page 13 | 5.1.2 ATTORNEY RESPONSIBILITY
Copies of vacation-request letters must be served on all opposing counsel in each 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 by e-service or another method permitted by the Texas Rules of Civil Procedure or other 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
After leave is granted, the withdrawal notice letter must be sent to the client by certified mail.
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 the withdrawal motion must be mailed to the client at the client's last known address.
and a copy of such motion shall be mailed to the client at the last known address
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 court clerk.
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
Filing Fees and Waivers
Applicable jury fees must be paid before the parties may request an agreed jury setting.
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
Adjournment & Extension Requirements
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.
(a) 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 not allowed 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
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 after a case is announced ready at pretrial; cases remaining on the docket afterward will proceed to trial, settlement, or dismissal.
No "agreed continuances" will be allowed after the case has been announced ready at pre-trial, and will not be honored by the courts, and all cases appearing on the docket after pre -trial will be disposed of by trial, settlement or dismissal.
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 from the applicable date 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
Chambers Communication Rules
When the Court is in session, counsel must address remarks to the Court, not opposing counsel or the Judge personally.
While the Court is in sessions all remarks of counsel shall be addressed to the Court and not to opposing counsel or the Judge as an individual.
Page 20 | 11.1.9 REMARKS OF COUNSEL
Counsel are admonished to follow ethical canons, including those concerning discussing case facts or law with the Court outside the courtroom without opposing counsel present.
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 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
Counsel must address the Court respectfully by title and direct objections and legal arguments to the Court, not opposing counsel, using impersonal language.
The Court shall be respectfully and properly addressed by title at all times; all objections and legal arguments by counsel shall be directed to the Court and, not to opposing counsel, and shall be impersonal in addressing the Court.
Page 21 | 11.1.11 REMARKS DIRECTED TO COURT
Counsel may not lean on the Bench or engage the Court in a confidential matter unless the Court permits 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 the Court’s permission before arguing an objection, and the Court may allow argument at its discretion.
There will be no arguments on objections. If counsel desires to argue his point after making his objection or on being overruled on an objection, he shall ask the permission of the Court. Argument may then be permitted on objections at the discretion of the Court.
Page 21 | 11.1.16 NO ARGUMENT ON OBJECTIONS
A request for returned document copies must include the number of copies requested 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 document versions 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