Brazos County Courts at Law Filing Fees and Waivers

CRITICALCivil cases

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

CRITICALCivil cases

Fee

$500

Applies to

Application to determine heirship

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.

CRITICAL

Applies to

Jury setting request

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.

CRITICAL

Applies to

Jury trial request

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.

CRITICAL

Applies to

Jury trial setting

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.

CRITICAL

Applies to

Jury trial request

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.

CRITICALCivil cases

Fee

$500

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.

CRITICAL

Fee

125

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

CRITICAL

Fee

60

In a county-pay case, legal assistant fees are paid at $60 per hour.

legal assistant fees will be paid at $60/hour.

CRITICALCivil cases

Fee

500 dollars

Applies to

Guardianship application

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

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.

WARNINGCivil cases

Applies to

Show cause hearing

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.

WARNING

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.

WARNINGCivil cases

Fee

25

Applies to

Annual report

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.

WARNINGCivil cases

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.

WARNINGCivil cases

Fee

25

Applies to

Annual report

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

INFO

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.

INFOCivil cases

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.