Brazos County Courts at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- With 120 calendar days' notice of designated personal days, scheduled matters will be continued; with less notice, a continuance motion is required for scheduled hearings and is discretionary.
- Attorneys must give the district clerk, affected court coordinator, and parties 120 calendar days' notice of designated personal days; matters set with that notice will be continued, while shorter notice requires a motion for continuance that is decided at the court's discretion.
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Document Format Requirements8 rules
The order includes the Notice to Peace Officers in bold print,
i. The order includes the Notice to Peace Officers in bold print,
The format for listing of assets in an annual accounting shall be consistent with the detail described in Paragraph 6.2 above for inventories.
IF OPPOSING COUSEL DISAGREES WITH TIME ESTIMATED, WRITTEN OBJECTIONS MUST BE MAILED/DELIVERED TO THE COURT COORDINATORS OFFICE WITHIN TEN (10) DAYS FROM THE DATE BELOW; TIME WILL BE DIVIDED EQUALLY BETWEEN COUNSEL/PARTIES.
Any party or attorney of record may obtain a setting of any contested proceeding by filing a Setting Request (furnished by the clerk, court coordinator, or in a form substantially similar to the form in Appendix).
After a ruling, the attorney directed shall prepare the form of the document to be entered in duplicate originals.
Any party or attorney of record may obtain a setting of any contested proceeding by filing a Setting Request (furnished by the clerk, court coordinator, or in a form substantially similar to the form in Appendix).
Any pro se defendant or attorney of record may obtain a setting of any contested proceeding by filing a Setting Request (furnished by the clerk, court coordinator, or in a form substantially similar to the form in Appendix).
Document Filing Requirements260 rules
All court appointed attorneys must return the attached written acknowledgement of having read the attached document to Brazos County Associate Court #1 by August 30, 2024.
(3) The will being offered for probate must be signed original, or you will need to follow the additional procedural requirements for probating a copy of a will.
(1) To probate a will as a muniment of title, each applicant must be able to swear on personal knowledge that there are no debts against the estate other than those secured by liens against real estate. Anyone falsely swearing that the estate has no creditors - including Medicaid estate recovery - is subject to a perjury charge.
(4) The will must beiself- proved", or you will need to follow additional procedural requirements for proving up a will in court.
(2) In a pro se application to probate a will as a muniment of title, all beneficiaries under the will must be applicants and all beneficiaries must testify at the hearing.
8.1 The Petitioner shall attach a copy of this order to the Original Petition and to each copy of the petition prior to filing same with the District Clerk.
You must fill out the Guardianship General Information form for the Court's internal files.
You must file your Initial Report on the Condition and Well-Being of the Ward.
You must read these Court-Ordered Instructions and initial each of the 12 boxes in the margins indicating that you understand the italicized points made in the text to the right of each of the boxes.
You must sign these Court-Ordered Instructions before a notary. The original will be filed with the Clerk's Office and put in the file; the Court will make a copy for you to keep and refer to as you serve as Guardian.
You must fill out your Initial Report on the Condition and Well-Being of the Ward.
You must take and file your Oath - your signed and sworn (or affirmed) commitment to "discharge faithfully the duties of guardian."
When the guardianship is ready to be closed, you must file a Final Report.
In your Annual Report, you must swear or affirm either that you have paid your bond premium for the next reporting year or that you have filed an approved cash bond.
when the Ward dies (attach a death certificate to the Final Report);
If, pursuant to Court order, you are managing any funds of the Ward other than government benefits, you must report on your management of those funds as part of your Annual Report.
If you receive Social Security benefits for the Ward, attach to the Annual Report a copy of your most recent SSA Representative Payee Report.
Court's wording
If you receive Social Security benefits on the Ward's behalf, you must attach to your Annual Report a copy of the most recent "Representative Payee Report" you filed with the Social Security Administration (SSA), accounting for your use of those funds.
If the Ward receives any funds or property with a value over $2,000, other than government benefits, you must report receipt of the funds or property to the Court within 30 days.
when the Ward regains competency (requires an application, hearing, and Court order);
The Annual Report must answer every form question, cover the specified information, state the number of in-person visits, and include a truth-and-correctness declaration under penalty of perjury.
Court's wording
In your Annual Report, you must answer each of the questions on the Report form, including information concerning the Ward's physical welfare, well-being, progress in education (if pertinent), and income. You also will note how many times you visited the Ward in person, and, when you sign the Report, you will declare under penalty of perjury that the Report is true and correct.
The guardian or prospective guardian is asked to affirm understanding of the instructions by signing and initialing the 12 boxes, with a notarial acknowledgment provided.
Court's wording
I swear or affirm that I have read the preceding four pages of this document (entitled Guardian of the Person Only: Court-Ordered Instructions) and that I understand its contents. By my initials in the 12 boxes in the margins of this document, I specifically affirm that I understand the italicized points made in the text to the right of each of the boxes. Signature of person who has been or seeks to be appointed Guardian or Co-Guardian Date STATE OF TEXAS COUNTY OF BRAZOS )( This instrument was sworn or affirmed before me on by Notary Public, State of Texas Notary's Name Printed: My commission expires
The guardians must collaborate to file a final updated depletion analysis and ensure all parties file applications for expenditures and final fees to support an appropriate spend-down of assets.
Court's wording
At least three months before indigency is expected, the guardian of the person/indigent guardianship contract provider will collaborate with the guardian of the estate/trustee/financial representative to file a final updated depletion analysis, and will ensure that all parties file Applications for expenditures and final fees to ensure a proper and appropriate spend-down of assets.
The guardians must collaborate to jointly file an Interim Report containing the depletion analysis, indigency projection, asset-management plan, and anticipated estate closure date.
Court's wording
At least six months before indigency is expected, the guardian of the person/indigent guardianship contract provider will collaborate with the guardian of the estate/trustee/financial representative and will jointly file an Interim Report to the appropriate Court to include a financial depletion analysis and projection of when indigency will occur, describe how the remaining assets will be managed, and indicate the anticipated closure date of the estate.
A Statement of Inability to Afford Payment of Court Costs or an Appeal Bond must be filed when indigency is accomplished.
Court's wording
When indigency has been accomplished, the guardian of the person/indigent guardianship contract provider will collaborate with the guardian of the estate/trustee/financial representative to file a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond, a Motion for Certification of Indigency and Request to move the ward from private pay status to the indigent contract as of a date certain, which should be the first day of the next upcoming month.
The guardian of the estate/trustee/financial representative will promptly file a final account no later than 60 days after certification of indigency.
Period of Accounting. Indicate the period covered by application in the title or prominently in the body.
Justify Extraordinary Efforts. If you believe that the time you have spent on an activity may be perceived as excessive, include a statement in brackets at the end of the entry as to why such extraordinary time was justified.
Include all Time. Include all time you have spent on the file, even that time for which you are not charging, and indicate such fact with the following notations: "NO CHARGE" or "N/C."
A fee application must be approved in writing by the applicable guardian, trustee, parent, or responsible party, unless the Court authorizes otherwise.
Court's wording
Signature of Client/Responsible Party. Consistent with Administrative Order 2019-1 and Local Rule 4.3, the fee application must be approved in writing by the guardian of the estate or trustee, the guardian of the person (if someone other than the guardian of the estate or trustee), the parent or responsible party for a ward or trust beneficiary (if there is no guardian of the person and if there is a third party guardian of the estate or trustee) unless otherwise authorized by the Court.
Include Descriptions. Describe the topic or purpose for each telephone or office conference or other activity.
Include Affidavit. Attach an affidavit by the applicant attorney swearing to the reasonableness of the fees and the necessity of the services and indicating the number of years he or she has practiced probate and guardianship law.
For applications for administration filed on or after March 1, 2024, the clerk must collect a completely filled-out case information sheet, which must be filed before the case is set for hearing.
Court's wording
IT IS HEREBY ORDERED that, for all applications for administration filed on or after March 1, 2024, the clerk of the court shall collect a case information sheet. No case requesting administration of a probate estate shall be set for hearing until the case information sheet is filled out completely and filed with the Clerk's Office.
A person appointed as an ad litem must complete the State Bar of Texas certification and present it to County Court at Law #1.
Court's wording
Every person appointed to act as a guardian ad litem and/or attorney ad litem in a guardianship case must have taken and completed the Guardianship Ad Litem Certification through the State Bar of Texas and have presented such tification to County Court at Law #1.
Each attorney is responsible for keeping his or her certification current and providing an updated certificate when the course is completed.
Only after the certification is received will the attorney be placed on the approved list of ad litems and be eligible for appointments from the County Courts.
Make sure the CME is admitted at the hearing and that it is from a Texas physician and dated within 120 days of the application.
File an answer.
File a report for the court detailing the actions you have taken on behalf of your client expressing your client's wishes and preferences.
The attorney ad litem must review the guardianship order for the listed findings, incapacity determinations, conditional provisions, bond and guardian terms, peace-officer notice, and discharge.
Court's wording
Review the order granting guardianship for the following: a. The order makes all the necessary findings, b. The order states the level of incapacity (total or partial), c. The order specifically determines the proposed ward's capacity to make decisions on residence, vote in a public election, drive a vehicle and consent to marriage, and to purchase or have access to firearms, d. If the guardianship is based on total incapacity, does the order give the guardian full authority over the person and/or estate? e. If the guardianship is for partial incapacity, does the order state what rights are retained by the proposed ward with or without supports and services, f. If a guardianship of the estate is created, that the order sets a monthly allowance for education and/or maintenance of the proposed ward, g. The order sets the amount of bond required at a corporate surety or cash bond for the guardian of the estate in the amount of the proposed ward's personal property plus income for one year pursuant to 1105.154, h. The order states the name of the guardian and does not name two people to serve as guardian of the person or guardian of the estate unless they are married or have previously been appointed as managing conservators of the proposed ward. One person may be guardian of the person and another may be guardian of the estate. The order includes the Notice to Peace Officers in bold print, j- The ad litem is discharged.
Submit an order for payment of fees separate from the order appointing guardian.
A separate fee order must be submitted by the ad litem regardless of who is responsible for payment.
Every person acting as an attorney in a guardianship case must have taken and completed the Guardianship Ad Litem Certification through the State Bar of Texas and have presented such certification to County Court at Law #1.
File a report for the court detailing what you have done in the case and addressing the requirements outlined in the order appointing guardian ad litem and any other information that may be of benefit to the Court.
c. The order specifically determines the proposed ward's capacity to make decisions on residence, vote in a public election, drive a vehicle and consent to marriage,
Admit the CME at the hearing and insure that it is from a Texas physician who has examined the proposed ward and is not dated earlier than 120 days before the filing of the application.
e. If the guardianship is for partial incapacity, does the order state what rights are retained by the proposed ward with or without supports and services,
d. If the guardianship is based on total incapacity, does the order give the guardian full authority over the person and/or estate?
All proposed guardians other than attorneys, certified guardians or corporate fiduciaries are subject to a criminal background check.
The applicant’s attorney must submit the listed guardian, attorney, ward, guardianship, estate, court, and fiduciary information to the JBCC through its website.
Court's wording
Submit the following information to the Judicial Branch Certification Commission via the JBCC's website at https://ibcctexas.txcourts.gov: (a) The name, and all former names, of the proposed guardian; (b) The proposed guardian's physical address and mailing address if different, telephone number, email address, and other contact information, if any; (c) The proposed guardian's attorney's physical address and mailing address if different, telephone number, email address, and other contact information; (d) The name, sex, and date of birth of the proposed ward; (e) Whether the proposed guardianship is of the person, the estate, or both; (f) Whether the proposed guardianship is based upon incapacity or minority of the proposed ward; (g) The estimated value of the liquid assets of the proposed ward's estate; (h) The name of the court with jurisdiction over the guardianship proceeding; and (i) Whether the proposed guardian is a certified guardian, attorney or a corporate fiduciary.
Proof of completion of the training must be provided at the time the setting request for the hearing on the guardianship application is submitted.
h. The order states the name of the guardian and does not name two people to serve as guardian of the person or guardian of the estate unless they are married or managing conservators of the
a. The order makes all the necessary findings,
b. The order states the level of incapacity (total or partial),
f. If a guardianship of the estate is established, that the order sets a monthly allowance for education and/or maintenance of the proposed ward,
g. The order sets the amount of bond required at a corporate surety or cash bond for the guardian of the estate in the amount of the proposed ward's personal property plus income for one year pursuant to 1105.154,
The applicant's attorney remains attorney of record unless the Court approves a substitution or withdrawal motion, or the specified death notice and approved final filings are submitted with verification of asset transfer.
Court's wording
The applicant's attorney shall remain the attorney of record unless: a. A motion to substitute is filed and approved by the Court, b. A motion to withdraw is filed and approved by the Court, or c. A Notice of Death of Ward is filed along with a Final Annual Report and/or a Final Accounting approved by the Court. A verification of the transfer of all guardianship estate assets to the personal representative of the deceased Ward shall be included.
Make sure the bond complies with the court's order. Bonds must be a minimum $1,000.00 corporate surety bonds unless extenuating circumstances apply. Bonds for a guardian of the estate must be the approximate value of the personal property of the estate plus 10%. A safekeeping agreement may be used to lower the amount of the bond required to be posted.
Letters of guardianship of the estate will not be renewed unless the court approves the annual account.
Make sure the court approves the bond.
Failure to timely file the guardian's oath, bond or inventory will result in the dismissal of the guardianship without notice by the court and will necessitate the filing of a new guardianship case.
The attorney must review the guardian instructions with the applicant and submit a signed copy at the hearing.
Court's wording
Carefully review the duties and responsibilities of the guardian contained in the Court's Instructions for Guardian on the Court's website with the applicant. Submit a signed copy of these instructions at the hearing.
The applicant must complete and submit the personal information sheet at the hearing; it is kept by the Guardianship Attorney and not placed in the Court's file.
Court's wording
Have the applicant fill out a personal information sheet and submit it at the hearing. The personal information form can be found on the Court's website or may be obtained by calling the court in which the case is pending. The personal information sheet will be kept by the Guardianship Attorney for the County Courts at Law and will not be placed in the Court's file.
Filing & Service rules
Electronic Filing Rules
For District Court plea agreements, completed plea agreement documents must be e-filed or emailed to the court coordinator by 3:00 p.m. the day before the requested setting date.
District Courts: Prior to a plea agreement being set on the docket, all completed plea agreement documents must be e-filed or emailed to the court coordinator by 3:00 p.m. the day before the requested setting date.
Page 21 | 6.20 Plea Bargains
County Courts: Prior to a plea agreement being set on the docket, all completed plea agreement documents must be e-filed or emailed to the court-coordinator three (3) days before the requested setting date;
County Courts: Prior to a plea agreement being set on the docket, all completed plea agreement documents must be e-filed or emailed to the court-coordinator three (3) days before the requested setting date;
Page 21 | 6.20 Plea Bargains
When an affidavit is used to prove up an uncontested or agreed matter, it must be properly e-filed.
Uncontested and agreed matters may be proven-up by a properly efiled and executed sworn affidavit as to jurisdiction, legal and factual matters.
Page 16 | Rule 4.14 Uncontested Matters
For district court plea agreements, completed plea agreement documents must be e-filed or emailed to the court coordinator by 3:00 p.m. the day before the requested setting date.
District Courts: Prior to a plea agreement being set on the docket, all completed plea agreement documents must be e-filed or emailed to the court coordinator by 3:00 p.m. the day before the requested setting date.
Page 21 | 6.20 Plea Bargains
County Courts: Prior to a plea agreement being set on the docket, all completed plea agreement documents must be e-filed or emailed to the court-coordinator three (3) days before the requested setting date;
County Courts: Prior to a plea agreement being set on the docket, all completed plea agreement documents must be e-filed or emailed to the court-coordinator three (3) days before the requested setting date;
Page 21 | 6.20 Plea Bargains
All documents in civil cases, including setting, reset, and continuance requests, must be e-filed with the clerk’s office where the case is pending; requests submitted directly to the Court will not be acted on.
IT IS HEREBY ORDERED that all documents filed in any civil case must be e-filed with the clerk's office in which the case is pending. This includes requests for setting, reset and continuance. ANY request submitted directly with the Court will not be acted on.
Civil cases
Page 1 | All Documents Filed in County Courts at Law
Uncontested and agreed matters may be proven up using a properly e-filed, executed sworn affidavit addressing jurisdictional, legal, and factual matters.
Uncontested and agreed matters may be proven-up by a properly efiled and executed sworn affidavit as to jurisdiction, legal and factual matters.
Page 16 | Rule 4.14 Uncontested Matters
Filing Timing and Cure Windows
Court-appointed attorneys must return the acknowledgement by August 30, 2024, or they will be suspended from the appointment wheel until they provide proof.
All court appointed attorneys must return the attached written acknowledgement of having read the attached document to Brazos County Associate Court #1 by August 30, 2024. Any attorney who has not provided written acknowledgement by the due date will be suspended from the appointment wheel until such written proof is provided.
Criminal cases
Page 1 | ADMINISTRATIVE ORDER
You must file the bond within 20 days after the Court signs the order granting letters of guardianship.
You must file your bond within 20 days after the Court signs the order granting letters of guardianship.
Civil cases
Page 1 | Before the hearing (for uncontested cases)
Each year, you must file a sworn or affirmed Annual Report within 60 days of the anniversary of the date you qualified as Guardian.
Each year within 60 days of the anniversary of the date of you qualified as Guardian, you must file your sworn or affirmed Annual Report ("Report on the Condition and Well-Being of a Ward").
Civil cases
Page 2 | Annual and final reports
You must report to the Court within 30 days if the Ward receives funds or property worth more than $2,000, other than government benefits.
If the Ward receives any funds or property with a value over $2,000, other than government benefits, you must report receipt of the funds or property to the Court within 30 days.
Civil cases
Page 2 | Ongoing requirement for you as the Guardian of the Person
The Annual Report must be filed no later than 60 days after the reporting period ends.
Texas law requires that your Annual Report be filed not later than 60 days after the reporting period ends.
Civil cases
Page 2 | Annual and final reports
The Ward may not be moved to a more-restrictive care facility until seven business days have passed after the Court receives notice.
You may not move the Ward into a more-restrictive care facility until you provide notice to the Court, the Ward, and any person who has requested notice, and only after seven business days following the Court's receipt of the notice.
Civil cases
Page 3 | Moving the Ward to a more-restrictive care facility?
The updated depletion analysis and applications for expenditures and final fees must be filed at least three months before indigency is expected.
At least three months before indigency is expected, the guardian of the person/indigent guardianship contract provider will collaborate with the guardian of the estate/trustee/financial representative to file a final updated depletion analysis, and will ensure that all parties file Applications for expenditures and final fees to ensure a proper and appropriate spend-down of assets.
Civil cases
Page 1 | Administrative Order Regarding Determination of Indigency in Brazos County Indigent Guardianship Contract Cases
The Interim Report must be jointly filed at least six months before indigency is expected.
At least six months before indigency is expected, the guardian of the person/indigent guardianship contract provider will collaborate with the guardian of the estate/trustee/financial representative and will jointly file an Interim Report to the appropriate Court to include a financial depletion analysis and projection of when indigency will occur, describe how the remaining assets will be managed, and indicate the anticipated closure date of the estate.
Civil cases
Page 1 | Administrative Order Regarding Determination of Indigency in Brazos County Indigent Guardianship Contract Cases
Once indigency is accomplished, the guardians must collaborate to file the specified statement and motion requesting the ward's transition to the indigent contract.
When indigency has been accomplished, the guardian of the person/indigent guardianship contract provider will collaborate with the guardian of the estate/trustee/financial representative to file a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond, a Motion for Certification of Indigency and Request to move the ward from private pay status to the indigent contract as of a date certain, which should be the first day of the next upcoming month.
Civil cases
Page 1 | Administrative Order Regarding Determination of Indigency in Brazos County Indigent Guardianship Contract Cases
The guardian of the estate, trustee, or financial representative must promptly file a final account within 60 days after certification of indigency.
The guardian of the estate/trustee/financial representative will promptly file a final account no later than 60 days after certification of indigency.
Civil cases
Page 2 | Administrative Order Regarding Determination of Indigency in Brazos County Indigent Guardianship Contract Cases
An inventory must be filed within 30 days of the guardian's qualification.
Must be filed within 30 days of the qualification of the guardian.
Page 2 | Rule 2.1 Specific Terms
An attorney ad litem must complete the duties that follow before the guardianship hearing.
Attorney ad litem - An attorney ad litem is expected to advocate for the wishes and preferences of the client, and is required to do each of the following prior to the date of the guardianship hearing:
Page 3 | Part 4. Ad Litems, Rule 4.2 Duties
The guardian ad litem must complete the duties that follow before the guardianship hearing.
In addition to those specific duties and responsibilities, the guardian ad litem is required to do each of the following prior to the date of the guardianship hearing:
Page 4 | Part 4. Ad Litems, Rule 4.2 Duties
The CME must be dated no earlier than 120 days before the application is filed.
Admit the CME at the hearing and insure that it is from a Texas physician who has examined the proposed ward and is not dated earlier than 120 days before the filing of the application.
Page 6 | Rule 5.2 Duties
Unless one of the stated exceptions applies, the proposed guardian must complete JBCC guardianship training more than 10 days before the appointment hearing; the exceptions include a qualifying temporary appointment of no longer than 60 days and a proposed guardian who is a certified guardian, attorney, or corporate fiduciary.
Unless the proposed guardian is seeking an initial appointment as a temporary guardian for no longer than 60 days, subject to the restrictions specified in § 155.204(b)(2) of the Government Code, or is a certified guardian, attorney, or a corporate fiduciary, the proposed guardian must have taken the guardianship training provided by the JBCC's website more than 10 days before the court's hearing to consider the proposed guardian's appointment.
Page 6 | Rule 5.2 Duties
The background check must be delivered to the court clerk at least 10 days before the guardianship application hearing.
The background check must be delivered to the clerk of the court at least 10 days before the hearing on the application for guardianship.
Page 6 | Rule 5.2 Duties
The guardian's Oath must be filed within 20 days after the judge signs the guardianship order.
Make sure the guardian has filed an Oath within 20 days of the date the order granting guardianship is signed by the judge.
Page 7 | Part 5: Applicant's Attorney
Inventories, annual reports of the person, and annual accountings must be filed in accordance with the Texas Estates Code's requirements, forms, and deadlines.
inventories, annual reports of the person and annual accountings shall be filed according to the requirements, form, d deadlines designated in the Texas Estates Code.
Page 7 | 6.1 Time for filing
A sworn inventory must be filed within 30 days of the guardian's qualification.
A sworn inventory is due within 30 days of the guardian's qualification.
Page 7 | Part 5: Applicant's Attorney
Any investment other than in federally insured bank accounts and government bonds require an investment plan that is approved by the Court within 180 days after the guardian's qualification.
Any investment other than in federally insured bank accounts and government bonds require an investment plan that is approved by the Court within 180 days after the guardian's qualification.
Page 9 | 1.2 Investment Plan
A case may be dismissed on or after the date stated in the notice if the required action has not been taken.
Such matters will be dismissed on the date indicated in the notice of dismissal, or at any time thereafter, if the required action has not taken been.
Page 10 | 9.2 Notice
A guardian of a ward’s estate files an Annual Account annually.
(a) “Annual Account” means an accounting filed annually by the guardian of the estate of a ward to apprise the court of the condition of the estate of the ward including beginning and ending balances for any financial accounts, deposits and withdrawals.
Page 1 | PART 2. DEFINITIONS; Rule 2.1 Specific Terms
A guardian of the person files an Annual Report annually.
(b) “Annual Report” means a report filed annually by the guardian of the person to apprise the court of the physical, social and medical condition of the ward.
Page 2 | PART 2. DEFINITIONS; Rule 2.1 Specific Terms
A guardianship inventory must be filed within 30 days after the guardian qualifies.
(e) “Inventory” for guardianship cases means the initial summary of the financial condition of the estate of the ward at the inception of a guardianship or as of the date of death in a probate estate. Must be filed within 30 days of the qualification of the guardian.
Page 2 | PART 2. DEFINITIONS; Rule 2.1 Specific Terms
Proposed guardians other than attorneys, certified guardians, or corporate fiduciaries must complete a criminal background check and deliver it to the clerk at least 10 days before the guardianship application hearing.
6. All proposed guardians other than attorneys, certified guardians or corporate fiduciaries are subject to a criminal background check. The JBCC website contains instructions for completing the background check. The background check must be delivered to the clerk of the court at least 10 days before the hearing on the application for guardianship.
Page 5 | Rule 5.2 Duties
Unless the proposed guardian falls within a stated exception—including an initial temporary appointment of no longer than 60 days, subject to the cited statutory restrictions—the guardian must complete JBCC training more than 10 days before the appointment hearing; certified guardians, attorneys, and corporate fiduciaries are also excepted.
5. Unless the proposed guardian is seeking an initial appointment as a temporary guardian for no longer than 60 days, subject to the restrictions specified in § 155.204(b)(2) of the Government Code, or is a certified guardian, attorney, or a corporate fiduciary, the proposed guardian must have taken the guardianship training provided by the JBCC’s website more than 10 days before the court’s hearing to consider the proposed guardian’s appointment.
Page 5 | Rule 5.2 Duties
If the guardian’s oath, bond, or inventory is not timely filed, the court will dismiss the guardianship without notice and a new guardianship case must be filed.
Failure to timely file the guardian’s oath, bond or inventory will result in the dismissal of the guardianship without notice by the court and will necessitate the filing of a new guardianship case.
Page 6 | Rule 5.2 Duties
The guardian must file an oath within 20 days after the judge signs the guardianship order.
13. Make sure the guardian has filed an Oath within 20 days of the date the order granting guardianship is signed by the judge.
Page 6 | Rule 5.2 Duties
A sworn inventory is due within 30 days after the guardian qualifies.
14. A sworn inventory is due within 30 days of the guardian’s qualification.
Page 6 | Rule 5.2 Duties
Inventories, annual reports of the person, and annual accountings must follow the Texas Estates Code’s filing requirements, form, and deadlines.
All inventories, annual reports of the person and annual accountings shall be filed according to the requirements, form, and deadlines designated in the Texas Estates Code.
Page 7 | 6.1 Time for filing
Service and Proof of Service Rules
Before moving the Ward to a more-restrictive care facility, provide notice to the Court, the Ward, and anyone who requested notice, and wait seven business days after the Court receives it.
You may not move the Ward into a more-restrictive care facility until you provide notice to the Court, the Ward, and any person who has requested notice, and only after seven business days following the Court's receipt of the notice.
Civil cases
Page 3 | Moving the Ward to a more-restrictive care facility?
If the Ward is an adult, inform the Ward’s spouse, parents, children, and siblings as soon as possible if any of the listed events occurs.
If the Ward is an adult, the duty to inform the Ward's spouse, parents, children, and siblings as soon as possible if: a. the Ward dies; b. the Ward is admitted to a medical facility for acute care for three days or more; c. the Ward has moved; or d. the Ward is staying at a location other than his or her own residence for more than one week.
Civil cases
Page 3 | Your powers and duties
Each time you file an Annual Report seeking to continue the guardianship, provide notice to the Ward in the Ward’s native language or preferred mode of communication.
The duty to provide notice to the Ward in the Ward's native language, or preferred mode of communication, each time you file your Annual Report that you are seeking to continue the guardianship.
Civil cases
Page 4 | Your powers and duties
Pro se parties must provide and maintain current addresses and telephone numbers with the Brazos County Clerk.
Pro se parties shall be responsible for providing and maintaining current addresses and telephone numbers with the Brazos County Clerk.
Page 2 | Rule 1.2 Parties Proceeding Pro Se
All pleadings and notices for a pro se party must be served at the address provided to the Brazos County Clerk.
The address so provided shall be used as the address for serving all pleadings and any other notices on the pro se party.
Page 2 | Rule 1.2 Parties Proceeding Pro Se
The attorney ad litem must ensure service is returned for the period required by the cited Estates Code provision.
Insure service is returned for the length of time required by the Estates Code section 11051.106.
Page 4 | Part 4. Ad Litems, Rule 4.2 Duties
The attorney ad litem must verify that required notice was given or waived and that proof is in the court file.
Review the Court's file to make sure all notice has been given pursuant to 1051.104 or a waived pursuant to 1051.106 and proof of such notices or waivers is contained in the Court's file.
Page 4 | Part 4. Ad Litems, Rule 4.2 Duties
The applicant’s attorney must file an affidavit proving delivery of required notices.
File an affidavit with proof of deliver of required notices.
Page 5 | Rule 5.2 Duties
The applicant’s attorney must notify all necessary parties and personally serve the proposed ward unless the ward is under 12.
Provide notice to all necessary parties, including personal service on the proposed ward, unless the proposed ward is under the age of 12 years.
Page 5 | Rule 5.2 Duties
The address provided by a pro se party must be used for service of all pleadings and other notices on that party.
The address so provided shall be used as the address for serving all pleadings and any other notices on the pro se party.
Page 1 | Rule 1.2 Parties Proceeding Pro Se
The ad litem must ensure service is returned for the period required by Estates Code section 11051.106.
Insure service is returned for the length of time required by the Estates Code section 11051.106.
Page 3 | Part 4: Ad Litems
The applicant’s attorney must notify all necessary parties and personally serve the proposed ward, except when the proposed ward is under 12.
1. Provide notice to all necessary parties, including personal service on the proposed ward, unless the proposed ward is under the age of 12 years.
Page 5 | Rule 5.2 Duties
Before moving the Ward to a more restrictive care facility, provide notice to the Court, the Ward, and anyone who requested notice, wait seven business days after the Court receives it, and proceed only if no one objects.
You may not move the Ward into a more restrictive care facility until you provide notice to the Court, the Ward, and any person who has requested notice, and only after seven business days following the Court's receipt of the notice. If nobody has objected to the proposed move, then you may move the Ward.
Civil cases
Page 7 | General information
The Court Investigator must provide the ward or proposed ward with a copy of the Order and applicable pleadings at the initial meeting.
IT IS FURTHER ORDERED that the Court Investigator shall provide a copy of this Order and any applicable pleadings, including, but not limited to, Applications for appointment of a guardian, Applications for modification of guardianship, Applications for restoration and/or Information Letters filed under Section 1102.003 of the Texas Estates Code, to the ward and/or proposed ward to discuss the contents of the Order and the applicable pleading(s) with the ward and/or proposed ward at the initial meeting with the Court Investigator, and shall investigate the ward's and/or proposed ward's conditions and circumstances to determine whether the ward and/or proposed ward is an incapacitated person and whether a guardianship is necessary for the ward and/or proposed ward.
Civil cases
Page 1 | Court Investigator Duties and Notice to Ward or Proposed Ward
For an investigation under Section 1102.001, the Court Investigator must give the ward or proposed ward written notice of financial-record requests by the fifth day after the institution produces the records.
IT IS FURTHER ORDERED that, if an investigation is being conducted under Section 1102.001 of the Texas Estates Code, the Court Investigator shall provide written notice to the ward and/or proposed ward of the requests made by the Court Investigator to a financial institution for customer records related to the ward and/or proposed ward in connection with the guardianship investigation by no later than the fifth day after the date the financial institution produces the customer records related to the ward and/or proposed ward, pursuant to Section 1102.006 of the Texas Estates Code.
Civil cases
Page 2 | Access to Health and Financial Records
A request for an audio/video hearing must be noticed to all other attorneys as soon as possible and no later than two days before the hearing; phone notice must be lawyer-to-lawyer, and written notice must allow reasonable assurance of delivery.
To request an audio/video hearing, attorneys or pro se parties must contact the court coordinator by e-mail, or in writing, and give notice of your request to all other attorneys of record as soon as possible before the hearing, but no later than two days prior to the hearing. Notice to opposing counsel must be by lawyer-to-lawyer conversation if by phone, and if written, must be given a sufficient time in advance to provide reasonable assurance of delivery.
Page 10 | 3.13c Audio/Video Hearings
If an audio/video hearing is approved, documents to be referenced or offered as exhibits must be provided to the court, opposing counsel, and opposing parties at least 48 hours before the hearing.
All documents to be referenced at or offered as an exhibit at such audio/video hearing, if approved, must be provided to the court, opposing counsel, and opposing parties at least 48 hours before the scheduled hearing.
Page 10 | 3.13c Audio/Video Hearings
Notification of a dismissal order must follow Rule 306a of the Texas Rules of Civil Procedure.
Notification of the dismissal order shall be as provided in Rule 306а of the Texas Rules of Civil Procedure.
Page 12 | 3.22 Dismissal Docket; Involuntary Dismissal
Notice of intended dismissal must be given under Rule 165a to attorneys of record and pro se parties whose addresses appear in the court file.
Notice of intention to dismiss shall be given in accordance with Rule 165a of the Texas Rules of Civil Procedure to all attorneys of record and parties pro se whose addresses are shown on the docket or in the papers on file.
Page 12 | 3.22 Dismissal Docket; Involuntary Dismissal
When the document is delivered to the court coordinator, its duplicate must be mailed, emailed, or delivered that same date to opposing counsel and pro se parties for review of its form or consistency with the ruling.
On the same date the document is delivered to the court coordinator, the duplicate of the document shall be mailed, emailed or delivered to opposing counsel and parties pro se to provide an opportunity to approve or object to the form of the document or that the document is inconsistent with the court's ruling (i.e., not a re-arguement of the merits).
Page 14 | 3.43 Submission of Orders, Judgments and Instruments
Each attorney must provide the listed exhibits to opposing counsel as directed by the Scheduling Order or Docket Control Order.
Each attorney shall submit the following exhibits to the court and opposing counsel according to the court's Scheduling Order/Docket Control Order.
Page 16 | Rule 4.13 Disposition Proposals
The filer of a Setting Request must deliver a copy to all attorneys of record and all pro se parties in the case.
b. The attorney or party filing the setting request shall deliver to all attorneys of record and all parties pro se in the case a copy of the setting request.
Page 21 | 6.24 Settings/Schedules
After the withdrawal order is sent to the client, a copy must also be sent to opposing counsel.
A copy of the order shall then be sent to opposing counsel.
Page 29 | 10.12 Withdrawal of Counsel
Opposing counsel must receive a copy of the withdrawal motion and the request for setting or notice of submission, by delivery or mail.
A copy of the motion to withdraw and request for setting or notice of submission without a hearing shall be delivered or mailed to any opposing counsel.
Page 29 | 10.12 Withdrawal of Counsel
After leave to withdraw is granted, the attorney must send the client a copy of the order by certified mail or acknowledged-receipt email.
After leave is granted, the withdrawing attorney shall send the client a copy of the order granting leave to withdraw by certified mail, or by email with acknowledged receipt.
Page 29 | 10.12 Withdrawal of Counsel
Without the client's written consent, the attorney must send the client notice of the rights to object and request a hearing, along with copies of the withdrawal motion and the request for setting or notice of submission, by certified mail or acknowledged-receipt email.
If withdrawal is without the written consent of the client, the withdrawing attorney shall forward to his client by certified mail notification, or by email with acknowledged receipt, of the client's right to object to the motion and the client's right to request a hearing on the client's objection together with a copy of his or her motion to withdraw and a copy of the request for setting or notice of submission without a hearing.
Page 29 | 10.12 Withdrawal of Counsel
The setting request must be accompanied by a certification that a copy has been mailed or delivered to all attorneys or parties of record.
I CERTIFY THAT A COPY OF THIS SETTING REQUEST HAS BEEN MAILED/DELIVERED TO ALL ATTORNEYS OR PARTIES OF RECORD.
Page 32 | SETTING REQUEST - CIVIL/CRIMINAL
If an audio/video hearing is approved, documents to be referenced or offered as exhibits must be provided to the court and opposing counsel and parties at least 48 hours before the hearing.
All documents to be referenced at or offered as an exhibit at such audio/video hearing, if approved, must be provided to the court, opposing counsel, and opposing parties at least 48 hours before the scheduled hearing.
Page 10 | 3.13 Request for Settings--Non-Jury
Notice of an audio/video hearing request must be given to all other attorneys as soon as possible and at least two days before the hearing; phone notice must be lawyer-to-lawyer, while written notice must allow reasonable assurance of delivery.
To request an audio/video hearing, attorneys or pro se parties must contact the court coordinator by e-mail, or in writing, and give notice of your request to all other attorneys of record as soon as possible before the hearing, but no later than two days prior to the hearing. Notice to opposing counsel must be by lawyer-to-lawyer conversation if by phone, and if written, must be given a sufficient time in advance to provide reasonable assurance of delivery.
Page 10 | 3.13 Request for Settings--Non-Jury
Filing Fees and Waivers
If approved attorney ad litem fees are less than the deposit and the ad litem has been discharged, the clerk must pay the approved fees and return the remainder to the applicant within 30 days of the signed fee-approval order.
IT IS FURTHER ORDERED that if the Court ordered amount of reasonable and necessary attorney's fees d expenses to be paid to the Attorney Ad Litem is less than the $500.00 deposited with the Clerk and the Attorney Ad Litem has been discharged from his or her duty, the Clerk shall release from the deposit to the Attorney Ad Litem pursuant to the Court's order the amount for reasonable and necessary attorney's fees and expenses approved in the case. After payment to the Ad Litem, the Clerk shall then release from the Registry of the Court the remaining amount of the deposit to the Applicant within thirty (30) days from the Court's signed Order approving attorney's fees and expenses. IT IS FURTHER ORDERED that if the Court ordered amount of reasonable and necessary attorney's fees and expenses
Civil cases
Page 1 | Administrative Order 2019-4
For each Application to Determine Heirship filed on or after October 1, 2019, the clerk must collect a $500 deposit and hold it without interest for attorney ad litem fees.
IT IS HEREBY ORDERED that as provided in Texas Estates Code §53.052(a), for every Application to Determine Heirship filed on or after October 1, 2019, the Clerk of the Court shall collect a deposit in the amount of five hundred dollars ($500.00) and shall be held by the clerk of the court, in a non-interest bearing account, for the payment of the fees of the attorney ad litem upon a proper order directing the taxing of the same as costs in the proceeding.
Civil cases
Page 1 | Administrative Order 2019-4
If approved attorney ad litem fees exceed the deposit, the clerk must release the $500 deposit to the ad litem within 30 days of the signed fee-approval order, and the applicant must pay the remaining balance within 30 days as ordered.
IT IS FURTHER ORDERED that if the Court ordered amount of reasonable and necessary attorney's fees and expenses to be paid to the Attorney Ad Litem is more than the $500.00 deposit, the clerk shall release the $500.00 deposit from the registry of the Court to the Attorney Ad Litem in the case within thirty (30) days from the Court's signed Order approving attorney's fees and expenses. The remaining balance of the attorney's fees owed to the Ad Litem shall be paid by the Applicant in accordance with the Court's signed Order within (30) days.
Civil cases
Page 1 | Administrative Order 2019-4
In a county-pay case, attorney fees are paid at $125 per hour.
If the case is a county pay case, attorney fees will be paid at $125/hour
Page 5 | Rule 4.3 Fee application and payment
In a county-pay case, legal assistant fees are paid at $60 per hour.
legal assistant fees will be paid at $60/hour.
Page 5 | Rule 4.3 Fee application and payment
Attorneys and other professionals seeking payment from a guardianship estate must obtain approval of their fees and expenses before seeking payment.
Attorneys (including but not limited to attorneys ad litem, guardians ad litem, and counsel retained by a guardian) and other professionals seeking payment from the estate of a person under guardianship shall obtain approval of fees and expenses prior to seeking payment from the person's estate.
Page 5 | Rule 4.3 Fee application and payment
The proper jury fee must be paid for a civil jury trial setting.
No civil case shall be set for a jury trial unless a jury setting request is filed and the proper jury fee is paid not later than thirty (30) days before the date the case is set for bench trial.
Page 10 | 3.16 Jury Fee and Jury Demand
Upon proper request and payment of a jury fee pursuant to Texas Rules of Civil Procedure 216, the Associate Court may conduct a jury trial on the issues about which a jury may decide a binding issue or give its advisory opinion pursuant to the Family Code.
Upon proper request and payment of a jury fee pursuant to Texas Rules of Civil Procedure 216, the Associate Court may conduct a jury trial on the issues about which a jury may decide a binding issue or give its advisory opinion pursuant to the Family Code.
Page 15 | Rule 4.13 Disposition Proposals
The proper jury fee must be paid for a civil case to be set for jury trial.
No civil case shall be set for a jury trial unless a jury setting request is filed and the proper jury fee is paid not later than thirty (30) days before the date the case is set for bench trial.
Page 10 | 3.16 Jury Fee and Jury Demand
Upon proper request and payment of a jury fee pursuant to Texas Rules of Civil Procedure 216, the Associate Court may conduct a jury trial on the issues about which a jury may decide a binding issue or give its advisory opinion pursuant to the Family Code.
Upon proper request and payment of a jury fee pursuant to Texas Rules of Civil Procedure 216, the Associate Court may conduct a jury trial on the issues about which a jury may decide a binding issue or give its advisory opinion pursuant to the Family Code.
Page 15 | Rule 4.13 Disposition Proposals
For guardianship applications filed on or after October 1, 2019, the clerk must collect and hold a $500 deposit for payment of the attorney ad litem’s fees.
IT IS HEREBY ORDERED that as provided in Texas Estates Code §1053.052(a), for every application for guardianship filed on or after October 1, 2019, the Clerk of the Court shall collect a deposit in the amount of five hundred dollars ($500.00) and shall be held by the clerk of the court, in a non-interest bearing account, for the payment of the fees of the attorney ad litem upon a proper order directing the taxing of the same as costs in the proceeding.
Civil cases
Page 1 | Administrative Order
If the approved attorney ad litem fees exceed the deposit, the clerk must release the deposit to the attorney within 30 days of the fee-approval order, and the applicant must pay the balance within 30 days in accordance with the court’s order.
IT IS FURTHER ORDERED that if the Court ordered amount of reasonable and necessary attorney's fees and expenses to be paid to the Attorney Ad Litem is more than the $500.00 deposited with the Clerk, the Clerk shall release the $500.00 deposit from the registry of the Court to the Attorney Ad Litem in the case within thirty (30) days from the Court's signed Order approving attorney's fees and expenses. The remaining balance of the attorney's fees owed to the Ad Litem shall be paid by the Applicant in accordance with the Court's signed Order within (30) days.
Civil cases
Page 1 | Administrative Order
If the approved attorney ad litem fees are less than the deposit and an order establishing or denying guardianship is signed, the clerk must pay the approved fees and return the remainder to the applicant within 30 days of the fee-approval order.
IT IS FURTHER ORDERED that if the Court ordered amount of reasonable and necessary attorney's fees and expenses to be paid to the Attorney Ad Litem is less than the $500.00 deposited with the Clerk and the an order establishing or denying a guardianship is signed by the Court, the Clerk shall release from the deposit to the Attorney Ad Litem pursuant to the Court's order the amount for reasonable and necessary attorney's fees and expenses approved in the case. After payment to the Ad Litem, the Clerk shall then release from the Registry of the Court the remaining amount of the deposit to the Applicant within thirty (30) days from the Court's signed Order approving attorney's fees and expenses.
Civil cases
Page 1 | Administrative Order
Processing each Annual Report costs $25 unless an affidavit of inability to pay costs is on file.
Texas law requires a $25.00 fee for the processing of each Annual Report to determine whether the guardianship continues to be appropriate, unless an affidavit of inability to pay costs is on file.
Civil cases
Page 2 | Annual and final reports
In a private-pay case, the ad litem and applicant's attorney should try to agree on reasonable compensation before the application hearing.
If the case is a private pay case, the ad litem and applicant's attorney should attempt to reach an agreement regarding a reasonable compensation prior to the hearing on the application.
Page 5 | Rule 4.3 Fee application and payment
Processing each Annual Report costs $25, subject to an affidavit-of-inability exception whose description is truncated in the text.
Texas law requires a $25.00 fee for the processing of each Annual Report to determine whether the guardianship continues to be appropriate, unless an affidavit of inability to
Civil cases
Page 3 | Annual Report ("Report on the Condition and Well-Being of a Ward")
For show-cause hearings covered by the stated exception, the attorney or client is responsible for all attendance costs, including Clerk-assessed service and filing fees.
Likewise, show-cause hearings fall within this exception, and the attorney or the client will be responsible for all costs associated with attendance at the hearing, including service and filing fees assessed by the Clerk.
Civil cases
Page 4 | I. Attorney’s fees
The clerk is authorized to deduct administration fees under the cited Texas Local Government Code provision.
The clerk of the court is hereby authorized to deduct administration fees pursuant to coction 117.055 (a) Texas Local Government Code.
Civil cases
Page 1 | Administrative Order
The clerk is authorized to deduct administration fees under the cited statute.
The clerk of the court is hereby authorized to deduct administration fees pursuant to section 117.055 (a) Texas Local Government Code.
Civil cases
Page 1 | Administrative Order 2019-4
When the guardianship estate pays fees, the Court will consider the ward’s estate assets in setting the hourly rate of approved compensation.
In cases where fees are paid by the guardianship estate, the court will consider the assets of the ward's estate when determining the hourly rate of court-approved compensation.
Page 5 | Rule 4.3 Fee application and payment
Pre-Motion Conference Requirements
If the parties cannot agree on temporary decisions, both must mediate before requesting a hearing; they may choose a mediator, otherwise the named center is appointed, and the Court may modify these terms for good cause.
If the parties cannot reach an agreement on their own (with or without the help of attorneys), both parties are ORDERED to participate in a “mediation” (a settlement meeting conducted with the help of a trained person called a “mediator”) before requesting a hearing. The parties are free to agree on a person to serve as mediator. Otherwise, the following is appointed mediator: DISPUTE RESOLUTION CENTER 1737 Briarcrest Drive, Suite 11, Bryan, Texas 77802 Telephone: (979) 822-6947 Upon good cause shown, the terms of this section 10 may be modified by Court Order.
Civil cases
Page 5 | 10. MEDIATION ON TEMPORARY ORDERS
If the parties cannot agree, both must participate in mediation before requesting a hearing; they may choose the mediator, and the Court may modify the requirement for good cause.
If the parties cannot reach an agreement on their own (with or without the help of attorneys), both parties are ORDERED to participate in a "mediation" (a settlementmecting conducted with the help of a trained person called a "mediator") before requesting a hearing. The parties are free to agree on a person to serve as mediator. Otherwise the following is appointed mediator: DISPUTE RESOLUTION CENTER 1737 Briarcrest Drive, Suite 11, Bryan, Texas 77802 Telephone: (979) 822-6947 It is FURTHER ORDERED that, unless otherwise ordered by the Court, or theparties agree otherwise in writing, the Mediator's fees shall be borne equally by the parties, shall be paid by the parties directly to the Mediator and may, upon hearing, be taxed as costs of court. Upon good cause shown, the terms of this section 10 may be modified by Court Order.
Civil cases
Page 5 | 10. MEDIATIONONTEMPORARY ORDERS
Mediation is required before requesting a Temporary Orders hearing setting or a final trial hearing; parties are encouraged to select an experienced family-law mediator, and cases without an agreed mediator must be mediated at the Brazos County Dispute Resolution Center.
Mediation is required prior to requesting a setting for Temporary Orders hearing and prior to a request for a final trial hearing. The court encourages parties to choose their own mediator who has substantial family law experience. In the absence of an agreed mediator, the court orders all cases mediated at the Dispute Resolution center of Brazos Count, Texas.
Page 15 | Rule 4.12 Mediation Counseling
Unless the court orders otherwise, the parties must mediate before a Temporary Orders hearing is set.
Unless otherwise ordered, a hearing on Temporary Orders shall be set only after the parties mediate.
Page 15 | Rule 4.11 Ancillary Proceedings, Temporary Orders, and Emergency Matters
Before trial, each attorney must confer with every other attorney about settlement, stipulations, trial time, jury waiver, property, support, income, conservatorship, possession and access, conservator rights and duties, and contested issues.
To expedite disposition, it shall be the duty of each attorney to confer, prior to trial, with each other attorney regarding settlement, stipulations, estimated time of trial, waiver of jury, the extent, description, character and value of the property in question, amount of support, amount of monthly income, conservatorship, periods of possession and/or access, rights, duties and powers of the conservators, and contested issues.
Page 15 | Rule 4.13 Disposition Proposals
Mediation is required before requesting a Temporary Orders or final-trial hearing setting; parties are encouraged to choose an experienced family-law mediator, and absent agreement, mediation is ordered at the Dispute Resolution center of Brazos Count, Texas.
Mediation is required prior to requesting a setting for Temporary Orders hearing and prior to a request for a final trial hearing. The court encourages parties to choose their own mediator who has substantial family law experience. In the absence of an agreed mediator, the court orders all cases mediated at the Dispute Resolution center of Brazos Count, Texas.
Page 15 | Rule 4.12 Mediation Counseling
Unless otherwise ordered, the parties must mediate before a Temporary Orders hearing may be set.
Unless otherwise ordered, a hearing on Temporary Orders shall be set only after the parties mediate.
Page 15 | Rule 4.11 Ancillary Proceedings, Temporary Orders, and Emergency Matters
Counsel are expected to negotiate in good faith to resolve discovery disputes before requesting a hearing.
All counsel are expected to engage in good faith negotiations for the settlement of discovery disputes prior to requesting a hearing to resolve such disputes.
Page 12 | 3.27 Discovery Disputes
Counsel are expected to negotiate in good faith to resolve discovery disputes before requesting a hearing.
All counsel are expected to engage in good faith negotiations for the settlement of discovery disputes prior to requesting a hearing to resolve such disputes.
Page 12 | 3.27 Discovery Disputes
Adjournment & Extension Requirements
A setting may be passed only by a qualifying settlement agreement, a written agreement of all parties approved by the court, or a court-granted motion for continuance.
No setting shall be passed except by: a. settlement agreement announced in open court or in writing complying with Rule 11 of the Texas Rules of Civil Procedure; b. written agreement of all parties with court's approval; or c. a motion for continuance granted by the Court.
Page 12 | 3.21 Resetting
Continuance motions or requests must be submitted as a written motion with an order, unless the court orders otherwise.
All motions or requests for continuances must be by written motion with order unless otherwise ordered by the court.
Page 12 | 3.29 Continuances
A setting may be passed or reset only by written agreement of all parties with court approval or by a written motion for continuance granted by the Court.
No setting shall be passed or reset except by: a. written agreement of all parties with court's approval; or b. a written motion for continuance granted by the Court.
Page 21 | 6.19 Continuance, Resettings, and Postponements
With 120 calendar days' notice of designated personal days, scheduled matters will be continued; with less notice, a continuance motion is required for scheduled hearings and is discretionary.
With 120 days notice, any matters set will be continued. If less than 120 calendar days notice, a motion for continuance will be required for any scheduled hearings and will be considered at the discretion of the court.
Page 29 | 10.13 Attorney Vacations
Continuance motions or requests must be made by written motion with an order, unless the court orders otherwise.
All motions or requests for continuances must be by written motion with order unless otherwise ordered by the court.
Page 12 | 3.29 Continuances
A setting may be passed only by a qualifying settlement agreement, a written agreement of all parties approved by the court, or a motion for continuance granted by the court.
No setting shall be passed except by: a. settlement agreement announced in open court or in writing complying with Rule 11 of the Texas Rules of Civil Procedure; b. written agreement of all parties with court's approval; or c. a motion for continuance granted by the Court.
Page 12 | 3.21 Resetting
A setting may be passed or reset only with the written agreement of all parties and court approval, or by a written motion for continuance granted by the Court.
No setting shall be passed or reset except by: a. written agreement of all parties with court's approval; or b. a written motion for continuance granted by the Court.
Page 21 | 6.19 Continuance, Resettings, and Postponements
If the setting is less than 14 calendar days after the notice was sent, it is immediately final and may be changed only in accordance with the rules.
If the date specified in the Notice of Setting is less than fourteen (14) calendar days from the date the Notice of Setting was sent, the setting specified in the Notice of Setting is immediately final and may only be continued, reset or postponed in accordance with these rules.
Page 22 | 6.24 Settings/Schedules
Once the 10-day tentative period expires, the setting becomes final and may be changed only in accordance with the rules.
After the expiration of the ten (10) day period specified above, the setting shall become final, and may only be continued, reset or postponed in accordance with these rules.
Page 22 | 6.24 Settings/Schedules
Attorneys must give the district clerk, affected court coordinator, and parties 120 calendar days' notice of designated personal days; matters set with that notice will be continued, while shorter notice requires a motion for continuance that is decided at the court's discretion.
Attorneys shall give the district clerk, all affected court's coordinator and the parties 120 calendar days notice of the dates of the designated personal days. With 120 days notice, any matters set will be continued. If less than 120 calendar days notice, a motion for continuance will be required for any scheduled hearings and will be considered at the discretion of the court.
Page 29 | 10.13 Attorney Vacations
When this resource cannot advise on a plea’s impact, counsel should seek time to consult an immigration expert, including by adjourning the case or asking for a second call.
This resource cannot provide advice about the impact of a plea in this case. You should get time to call an immigration expert by adjourning the case or asking for a second call.
Criminal cases
Page 26 | Advising Non-U.S. Citizens about Marihuana Violation Convictions
You should seek time to consult an immigration expert by adjourning the case or asking for a second call.
You should get time to call an immigration expert by adjourning the case or asking for a second call.
Criminal cases
Page 27 | None of the Above
The court may change the deadline for preparing and filing a document and objections for good cause.
For good cause, the court may change the deadline for preparation and filing of a document and objections.
Page 14 | 3.43 Submission of Orders, Judgments and Instruments
A setting noticed less than 14 calendar days in advance is immediately final and may be continued, reset, or postponed only in accordance with the rules.
e. If the date specified in the Notice of Setting is less than fourteen (14) calendar days from the date the Notice of Setting was sent, the setting specified in the Notice of Setting is immediately final and may only be continued, reset or postponed in accordance with these rules.
Page 22 | 6.25 Order of Trials/Preferential Settings/Conflicting Engagements
After the 10-day tentative period expires, the setting becomes final and may be continued, reset, or postponed only in accordance with the rules.
After the expiration of the ten (10) day period specified above, the setting shall become final, and may only be continued, reset or postponed in accordance with these rules.
Page 22 | 6.25 Order of Trials/Preferential Settings/Conflicting Engagements
Failure of the requesting attorney to accurately state the names and addresses of opposing counsel shall be grounds for a continuance on the motion of an attorney of record who did not receive the Notice of Setting within a reasonable time prior to the hearing date.
Failure of the requesting attorney to accurately state the names and addresses of opposing counsel shall be grounds for a continuance on the motion of an attorney of record who did not receive the Notice of Setting within a reasonable time prior to the hearing date.
Page 22 | 6.24 Settings/Schedules
An attorney may designate up to 25 court days per calendar year as personal days, in consecutive-day periods, but the rule applies only when lead counsel is affected; moving a setting because of co-counsel's vacation remains discretionary.
An attorney may designate not more than 25 court days during a calendar year as personal days, during which that attorney will not be assigned to trial or required to engage in any pretrial proceedings. Personal days include vacation, continuing legal education or other days the attorney will not be available for court. This rule operates only where lead counsel is affected (i.e., a request to move a hearing or trial setting due to co-counsel's vacation schedule will remain within the discretion of the court). No personal day period may be designated for less than consecutive days. (EX:designating Friday, Monday and Tuesday are considered consecutive days).
Page 29 | 10.13 Attorney Vacations
The court may change the deadline for preparing and filing a document and objections for good cause.
For good cause, the court may change the deadline for preparation and filing of a document and objections.
Page 14 | 3.43 Submission of Orders, Judgments and Instruments
When lead counsel is in trial in another court, the case will be placed on hold or reset based on when the attorney is expected to be released.
The case will be placed on "hold" or reset, depending upon when the attorney will actually be released.
Page 22 | 6.25 Order of Trials/Preferential Settings/Conflicting Engagements
When the setting is at least 14 calendar days after the notice was sent, it remains tentative for 10 calendar days after the court coordinator delivers the notice.
If the date specified in the Notice of Setting is at least fourteen (14) calendar days from the date the Notice of Setting was sent, the setting specified in the Notice of Setting shall remain tentative for a period of ten (10) calendar days after the same is delivered by the court coordinator.
Page 22 | 6.24 Settings/Schedules
Failure of the requesting attorney to accurately state the names and addresses of opposing counsel shall be grounds for a continuance on the motion of an attorney of record who did not receive the Notice of Setting within a reasonable time prior to the hearing date.
Failure of the requesting attorney to accurately state the names and addresses of opposing counsel shall be grounds for a continuance on the motion of an attorney of record who did not receive the Notice of Setting within a reasonable time prior to the hearing date.
Page 22 | 6.24 Settings/Schedules
With court approval, the court coordinator may reset a cause to another tentative date or time after receiving a signed certificate describing the nature and extent of the conflict.
Upon receipt of a signed certificate setting forth the nature and extent of the conflict and with the approval of the court, the court coordinator may reset such cause to another tentative date or time.
Page 22 | 6.24 Settings/Schedules
An attorney may designate up to 25 court days per calendar year as personal days, but the rule applies only when lead counsel is affected and designated days must be consecutive; a request based on co-counsel's vacation remains within the court's discretion.
An attorney may designate not more than 25 court days during a calendar year as personal days, during which that attorney will not be assigned to trial or required to engage in any pretrial proceedings. Personal days include vacation, continuing legal education or other days the attorney will not be available for court. This rule operates only where lead counsel is affected (i.e., a request to move a hearing or trial setting due to co-counsel's vacation schedule will remain within the discretion of the court). No personal day period may be designated for less than consecutive days. (EX:designating Friday, Monday and Tuesday are considered consecutive days).
Page 29 | 10.13 Attorney Vacations
A party who did not receive timely notice may move for a continuance if the requester inaccurately stated opposing counsel's or a pro se party's name or address.
Failure of the requesting attorney or party pro se to accurately state the names and addresses of opposing counsel or party pro se shall be ground for a continuance on the motion of an attorney of record or party pro se who did not receive the Notice of Setting within a reasonable time prior to the hearing date.
Page 9 | 3.13b Contested Hearings
A party who did not receive timely notice may move for a continuance if the requester inaccurately stated opposing counsel's or a pro se party's name or address.
Failure of the requesting attorney or party pro se to accurately state the names and addresses of opposing counsel or party pro se shall be ground for a continuance on the motion of an attorney of record or party pro se who did not receive the Notice of Setting within a reasonable time prior to the hearing date.
Page 9 | 3.13 Request for Settings--Non-Jury
A setting remains tentative for 10 calendar days after delivery; during that period an attorney may report a scheduling conflict, and the coordinator may reset the setting upon receiving a signed certificate describing the conflict and court approval; afterward the setting is final.
The setting specified in the Notice of Setting shall remain tentative for a period of ten (10) calendar days after the same is delivered by the court. During such period, any attorney may notify the court coordinator of a conflict of settings or other scheduling conflict. Upon receipt of a signed certificate setting forth the nature and extent of the conflict and with the approval of the court, the court coordinator may reset such cause to another tentative date or time. After the expiration of the ten (10) day period specified above, the setting shall become final.
Page 10 | 3.13 Request for Settings--Non-Jury
Chambers Communication Rules
You must notify the Court whenever your or the Ward’s mailing address changes.
You must notify the Court of any change in the mailing address of either you or the Ward.
Civil cases
Page 3 | Change of address
The Court must be notified of a significant change in the ward’s circumstances within 7 days.
the Court must be notified of a significant change in circumstances of the ward within 7 days of the change.
Page 9 | Part 7: Handling the Ward's Finances
Pro se parties must provide and maintain current addresses and telephone numbers with the County Clerk.
Pro se parties shall be responsible for providing and maintaining current addresses and telephone numbers with the Brazos County Clerk.
Page 1 | Rule 1.2 Parties Proceeding Pro Se
Counsel and the guardian must advise the Court of known conditions or circumstances that could affect the supervised person or estate.
To that end, counsel and the guardian are under an ongoing obligation to advise the Court of any conditions or circumstances that become known to either counsel or guardian at any point in the proceeding that would impact on the condition of the person or estate under Court supervision.
Page 9 | 8.1 Evaluation of Guardianship
Guardians and counsel must facilitate communication between the person under guardianship and the Court so the person can express concerns, dissatisfaction, or desired changes.
All guardians and counsel shall facilitate communications between a person under guardianship and the Court so that the person has the opportunity to express any concerns, dissatisfaction, or changes desired within the context of the guardianship and/or the actions of the guardian.
Page 9 | 8.2 Annual Determination to Continue, Modify, or Terminate Guardianship
Guardians and counsel must notify the Court of circumstances or events warranting consideration of continuing, expanding, modifying, or terminating the guardianship.
All guardians and counsel are under an ongoing obligation to notify the Court of any circumstances or events that would warrant consideration of the need to continue, expand, modify, or terminate a guardianship proceeding.
Page 9 | 8.2 Annual Determination to Continue, Modify, or Terminate Guardianship
Attorneys and pro se parties requesting an audio/video hearing must contact the court coordinator by email or in writing.
To request an audio/video hearing, attorneys or pro se parties must contact the court coordinator by e-mail, or in writing,
Page 10 | 3.13c Audio/Video Hearings
If a bona fide emergency or matter requiring special attention arises while the assigned judge is unavailable, the attorney or party seeking relief must contact a judge with jurisdiction; that judge may consider the matter, but the case remains in its original court.
In the event a bona fide emergency exists or a matter requires special attention and the judge of the court where the case is pending is unavailable, the attorney or party seeking relief shall contact any judge who has jurisdiction and the judge can consider the matter, but the case shall remain in the court originally filed.
Page 15 | Rule 4.11 Ancillary Proceedings, Temporary Orders, and Emergency Matters
The attorney must arrange a child's interview through the court coordinator before bringing the child to court, and the responsible attorney or litigant must immediately notify the coordinator when the child arrives.
In all cases where the court deems A court-approved parenting class is required in testimony of a child to be necessary or required all cases involving children. by law, the attorney wishing the child interviewed shall arrange the day and time through the court coordinator for the interview. The attorney SHALL NOT bring the child to the courthouse without prior arrangement pursuant to this rule. The attorney or litigant responsible for the child's attendance at court shall immediately notify the court coordinator of the child's arrival at the courthouse.
Page 17 | 4.19 Children in Court
Attorneys must call the affected judge about all dual settings as soon as they learn of them.
It is the duty of the attorney to call the affected judge's attention to all dual settings as soon as they are known.
Page 23 | LOCAL RULES OF ADMINISTRATION
Requests for a visiting judge must first go to the Local Administrative Judge, who must consult with the requesting judge and a potential handling judge before forwarding the request if another court might handle the docket.
All requests for assignment of a visiting judge must be first delivered to the Local Administrative Judge. If the Local Administrative Judge determines that the requesting judge's docket for those dates might be handled by another court in this county, the Local Administrative Judge shall consult with the requesting judge and the judge who might handle the matter prior to forwarding the request for assignment to the Regional Presiding Judge.
Page 24 | 8.12 Requests for Visiting Judge
Attorneys must notify the district clerk, each affected court's coordinator, and the parties of designated personal days 120 calendar days in advance.
Attorneys shall give the district clerk, all affected court's coordinator and the parties 120 calendar days notice of the dates of the designated personal days.
Page 29 | 10.13 Attorney Vacations
To request an audio/video hearing, an attorney or pro se party must contact the coordinator by email or in writing and notify all other attorneys as soon as possible, no later than two days before the hearing.
To request an audio/video hearing, attorneys or pro se parties must contact the court coordinator by e-mail, or in writing, and give notice of your request to all other attorneys of record as soon as possible before the hearing, but no later than two days prior to the hearing.
Page 10 | 3.13 Request for Settings--Non-Jury
If a bona fide emergency or matter requiring special attention arises while the assigned judge is unavailable, the attorney or party seeking relief must contact a judge with jurisdiction; that judge may consider the matter, but the case remains in its original court.
In the event a bona fide emergency exists or a matter requires special attention and the judge of the court where the case is pending is unavailable, the attorney or party seeking relief shall contact any judge who has jurisdiction and the judge can consider the matter, but the case shall remain in the court originally filed.
Page 15 | Rule 4.11 Ancillary Proceedings, Temporary Orders, and Emergency Matters
When child testimony is deemed necessary or required by law, the attorney must arrange the interview date and time through the court coordinator.
in testimony of a child to be necessary or required all cases involving children. by law, the attorney wishing the child interviewed shall arrange the day and time through the court coordinator for the interview.
Page 17 | 4.19 Children in Court
The attorney or litigant responsible for the child's attendance must immediately notify the court coordinator when the child arrives at the courthouse.
The attorney or litigant responsible for the child's attendance at court shall immediately notify the court coordinator of the child's arrival at the courthouse.
Page 17 | 4.19 Children in Court
An attorney must not bring a child to the courthouse without making the required prior arrangement.
The attorney SHALL NOT bring the child to the courthouse without prior arrangement pursuant to this rule.
Page 17 | 4.19 Children in Court
After the Annual Report is approved, you must contact the clerk’s office to order new letters of guardianship.
New Letters of Guardianship are not automatically sent when your Annual Report is approved. Contact the clerk's office to order letters of guardianship (see above).
Civil cases
Page 1 | Letters of Guardianship
After qualifying, you must request letters of guardianship from the Clerk’s office; you may call the listed number.
Letters of Guardianship are not automatically sent when you have qualified; you need to request them from the Clerk's office (Suite 120 at the Courthouse, or call 979-361-4128).
Civil cases
Page 1 | Letters of Guardianship
If the Ward moves from the County, consult the Court about transferring the guardianship.
If the Ward moves from this County, consult with the Court about whether the guardianship should be transferred.
Civil cases
Page 3 | Change of address
Counsel and the guardian must continually advise the Court of known conditions or circumstances that could affect the person or estate under its supervision.
To that end, counsel and the guardian are under an ongoing obligation to advise the Court of any conditions or circumstances that become known to either counsel or guardian at any Point in the proceeding that would impact on the condition of the person or estate under Court supervision.
Page 9 | 8.1 Evaluation of Guardianship
Guardians and counsel must continually notify the Court of circumstances or events warranting consideration of whether to continue, expand, modify, or terminate the guardianship.
All guardians and counsel are under an ongoing obligation to notify the Court of any circumstances or events that wouid warrant consideration of the need to continue, expand, modify, or terminate a guardianship proceeding.
Page 10 | 8.2 Annual Determination to Continue, Modify, or Terminate Guardianship
Guardians and counsel must facilitate communications between the person under guardianship and the Court so the person can express concerns or desired changes.
All guardians and counsel shall facilitate communications between a person under guardianship and the Court so that the person has the opportunity to express any concerns, dissatisfaction, or changes desired within the context of the guardianship and/or the actions of the guardian.
Page 10 | 8.2 Annual Determination to Continue, Modify, or Terminate Guardianship
You should consult with your attorney - not the Court - if you have questions, although you may call the Court when you have a question about your Annual Report.
You should consult with your attorney - not the Court - if you have questions, although you may call the Court when you have a question about your Annual Report.
Civil cases
Page 1 | Guardian of the Person and Estate: Court-Ordered Instructions
After the Annual Report and Annual Account are approved, contact the clerk's office to order new Letters of Guardianship; they are not sent automatically.
New Letters of Guardianship are not automatically sent when your Annual Report and Annual Account are approved. Contact the clerk's office to order letters of guardianship (see previous paragraph).
Civil cases
Page 2 | Letters of Guardianship
After qualifying, request Letters of Guardianship from the Clerk's office; they are not sent automatically.
Letters of Guardianship are not automatically sent when you have qualified; you need to request them from the Clerk's office (Suite 120 at the Courthouse, or call 979-361-4128).
Civil cases
Page 2 | Letters of Guardianship
Request Letters of Guardianship from the Clerk's office; they are not sent automatically upon qualification.
Letters of Guardianship are not automatically sent when you have qualified; you need to request them from the Clerk's office (room 120 at the Courthouse, or call 979-361-4128).
Civil cases
Page 1 | Letters of Guardianship
Consult your attorney, not the Court, if you have questions about your duties as Guardian.
Your attorney will help you understand what is required of you as Guardian of the estate, and you should always consult with your attorney - not the Court - if you have questions.
Civil cases
Page 1 | Guardian of the Estate: Court-Ordered Instructions
After the Annual Account is approved, contact the clerk's office to order new Letters of Guardianship.
New Letters of Guardianship are not automatically sent when your Annual Account is approved. Contact the clerk's office to order letters of guardianship (see above).
Civil cases
Page 1 | Letters of Guardianship