Bowie County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Withdrawal motion

A withdrawal motion must be accompanied by the client's written consent or another lawyer's certificate that the lawyer was employed to represent the client.

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

Judgments orders and decrees

Counsel for the party directed by the Court must put its judgments, orders, and decrees in writing; if the Court directs no party, 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

Motion

Must include

certificate of conference

If a party unreasonably fails to meet and confer, the movant must state in the certificate of conference the facts believed to constitute bad faith.

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

Petition

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.

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

Agreed decrees and orders

All attorneys and their clients must approve agreed decrees and orders unless the Court approves or orders otherwise.

All agreed decrees and Orders shall be approved by all attorneys and their clients, unless otherwise approved or ordered by the Court.

CRITICAL

Applies to

Opposed motion

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.

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.

CRITICALCivil cases

Applies to

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.

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

Jury request

An appropriate jury request must be filed 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.

CRITICAL

Applies to

Electronic exhibits

Submit electronic versions of exhibits to the docket coordinator 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.

CRITICALCivil cases

Applies to

Petition

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

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

CRITICAL

Applies to

Orders decrees and judgments

When both sides are represented by counsel, submit all orders, decrees, and judgments to opposing counsel for approval before submitting them to 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.

CRITICAL

Applies to

Withdrawal motion

An attorney of record may withdraw only after presenting a motion and obtaining a court order granting leave.

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

Final judgment order or decree of divorce

In an uncontested matter set for hearing, attorneys must prepare and e-file a legally and factually proper Final Judgment, Order, or Decree of Divorce before the hearing; relief may 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 petitioner must attach a copy of the order to the original petition and every copy of the petition.

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

CRITICAL

Applies to

Withdrawal motion

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.

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 or setting request

Must include

certificate of conference

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.

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.

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

Order or decree disposing case

For an uncontested case, the disposing order or decree 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.

CRITICALCivil cases

Applies to

Divorce case filing

All parties must file a copy of their course-completion certificate.

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

Discovery related motion

Must include

certificate of conference

For discovery-related motions, the 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

Withdrawal notice letter

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,

WARNING

Applies to

Written designation

The attorney named first on the first pleading is considered 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.

WARNING

Applies to

Jury charges and requested instructions

Furnish jury charges and requested instructions when the trial judge requests them and 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

The meet-and-confer obligation and certificate-of-conference requirement do not apply to pro se litigants or the motions listed in the rule.

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

INFO

Applies to

Orders judgments and decrees

If a matter becomes uncontested immediately before the hearing, the court will hear evidence and handle the resulting orders, judgments, and decrees under Rules 4.15.2, 4.15.3, and 4.15.5.

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.