Brazos County Courts at Law Filing Timing and Cure Windows

CRITICAL

For District Court plea agreements, completed plea agreement documents are due 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.

CRITICAL

When the information or indictment is filed, the prosecuting attorney must file the previously identified documents with the District Clerk for the clerk's file.

Upon filing of the information or Clerk. indictment, all of the above documents will be filed by the prosecuting attorney with the District Clerk for placement in the clerk's file.

CRITICAL

District court plea agreement documents are due 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.

CRITICAL

If no Scheduling Order or Docket Control Order is issued, the listed trial exhibits must be submitted by 5:00 p.m. on the day before trial begins.

If no such Order is issued, then the following shall be submitted not later than 5:00 p.m. the day before commencement of trial:

WARNINGCivil cases

The clerk may renew and reissue Letters of Guardianship after the Court approves both the Annual Report of the Person and the Annual Account.

Letters can be renewed and reissued by the clerk of the Court after the Court approves both the guardian's Annual Report of the Person and the guardian's Annual Account.

CRITICAL

Summary judgments must be filed by 5:00 p.m. two days before the final pretrial or docket call hearing; late filings are allowed only for good cause.

Summary Judgments shall be filed by 5:00 p.m. two days prior to the date set for the final pretrial hearing or docket call hearing (regardless of whether such hearing is in person or by submission). Late filings will be allowed only upon a showing of good cause.

CRITICAL

Summary judgments must be filed by 5:00 p.m. two days before the final pretrial or docket call hearing, and late filings are allowed only for good cause.

3.31 Summary Judgments shall be filed by 5:00 p.m. two days prior to the date set for the final pretrial hearing or docket call hearing (regardless of whether such hearing is in person or by submission). Late filings will be allowed only upon a showing of good cause.

CRITICAL

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;

CRITICAL

A party must object by the 10th day after receiving notice that a juvenile referee or associate judge will hear the trial or contested hearing; if an objection is filed, the referring court must hear it.

(c) A party must file an objection to the juvenile referee hearing a trial on the merits or contested hearing not later than the 10th day alter the date the party receives notice that the juvenile referee or associate judge will hear the case. If an objection is filed, the referring court shall hear the trial on the merits or preside over the contested hearing.

CRITICAL

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.

CRITICAL

If the court coordinator has not received a proposed judgment or order finally disposing of a case within thirty (30) days after decision by the court, the judge or the court coordinator shall send notice of intent to dismiss the case for want of prosecution to each attorney and pro se litigant in the case and present an Order of Dismissal with prejudice to the court. Court costs may be taxed in the court's discretion.

If the court coordinator has not received a proposed judgment or order finally disposing of a case within thirty (30) days after decision by the court, the judge or the court coordinator shall send notice of intent to dismiss the case for want of prosecution to each attorney and pro se litigant in the case and present an Order of Dismissal with prejudice to the court. Court costs may be taxed in the court's discretion.

CRITICAL

A party must file an appeal of an associate judge's decision in the referring court within seven days after receiving notice of the decision.

To appeal an associate judge's decision, a party must file an appeal in the referring court not later than the seventh (7) day after the date the party receives notice of the decision.

CRITICALCivil cases

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.

CRITICAL

Trial exhibits must be submitted by the deadline in the Scheduling Order/Docket Control Order, or, if none is issued, no later than 5:00 p.m. the day before trial.

Each attorney shall submit the following exhibits to the court and opposing counsel according to the court's Scheduling Order/Docket Control Order. If no such Order is issued, then the following shall be submitted not later than 5:00 p.m. the day before commencement of trial: 1. Sworn Inventory and Appraisement; 2. Proposed Property Division; 3. Two prior years' income tax returns with all schedules and attachments; 4. Three previous month's pay stubs; 5. Proof of health and dental insurance, including the expense of the same for only the child(ren), in any, before the court; and 6. Proposed relief for that party.

CRITICALCivil 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").

CRITICALCivil cases

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.

CRITICAL

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.

CRITICAL

Proposed jury charge questions and instructions must be filed by the final pretrial or docket call hearing unless a scheduling order controls.

Unless another date is controlling per a court scheduling order, proposed jury charge questions and instructions shall be filed at or before the time set for the final pretrial or docket call hearing.

CRITICAL

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.

CRITICALCivil cases

Your attorney must file a written application for approval of an investment plan within 180 days after you qualify, unless the funds are invested under the plan in Estates Code Section 1161.003.

3. Within 180 days of the date you qualify, your attorney, on your behalf, must file a written application for approval of an investment plan for estate assets - unless you invest those funds according to the investment plan in Estates Code Section 1161.003 (see paragraph below).

CRITICAL

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.

CRITICAL

Unless a court scheduling order controls, trial witness and exhibit designations must be filed by the final pretrial or docket call hearing; late filings require good cause.

Unless another date is controlling per a court scheduling order, designation of trial witnesses and exhibits shall be filed at or before the date set for the final pretrial hearing or docket call hearing (regardless of whether such hearing is in person or by submission). Late filings will be allowed only upon a showing of good cause.

CRITICAL

The prosecuting attorney must file magistrate's warnings and bonds from arrests in cases with an existing clerk's file with the appropriate clerk.

Magistrate's warnings and bonds made after arrests in other cases where there is already an open clerk's file (e.g., arrests after motion to revoke/proceed or after capias is issued in connection with bond forfeiture) will be filed by the prosecuting attorney with the appropriate clerk for placement in the clerk's file.

CRITICAL

Unless a court scheduling order controls, proposed jury charge questions and instructions must be filed by the final pretrial or docket call hearing.

Unless another date is controlling per a court scheduling order, proposed jury charge questions and instructions shall be filed at or before the time set for the final pretrial or docket call hearing.

CRITICALCivil cases

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.

CRITICAL

Judgments and orders in uncontested matters must be presented at the hearing unless good cause is shown.

All judgments and orders in uncontested matters shall be presented at the time of hearing on such matters, except for good cause shown.

CRITICALCivil cases

File your signed and sworn or affirmed Oath before leaving Court after the hearing.

2. Before you leave the Court after the hearing: • You must file your Oath - your signed and sworn (or affirmed) commitment to "discharge faithfully the duties of guardian."

CRITICAL

A party must file an objection no later than the 10th day after receiving notice that the juvenile referee or associate judge will hear the case; if an objection is filed, the referring court must hear the trial or contested hearing.

(c) A party must file an objection to the juvenile referee hearing a trial on the merits or contested hearing not later than the 10th day alter the date the party receives notice that the juvenile referee or associate judge will hear the case. If an objection is filed, the referring court shall hear the trial on the merits or preside over the contested hearing.

CRITICAL

For County Court plea agreements, completed plea agreement documents are due three 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;

CRITICALCivil cases

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 atter the reporting period ends.

CRITICAL

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.

CRITICALCivil cases

Your attorney must file an Inventory, Appraisement, and List of Claims within 30 days after you qualify.

Within 30 days of the date you qualify, your attorney, on your behalf, must file an Inventory, Appraisement, and List of Claims.

CRITICALCivil cases

The attorney must file the guardian’s detailed Annual Account each year within 60 days of the qualification anniversary.

Each year within 60 days of the anniversary of the date you qualified as Guardian, your attorney, on your behalf, must file a detailed Annual Account

CRITICAL

If opposing counsel disagrees with the estimated time, written objections must be mailed or delivered to the Court Coordinators Office within ten days of the date below.

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;

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil 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.

CRITICAL

The notice must allow a party to request a hearing or submit a written response by a submission date at least ten days after service.

The notice shall clearly state that any party may either request a hearing or submit a written response on or before a specific submission date that is at least ten (10) days after service of such statement.

CRITICALCivil 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.

CRITICALCivil cases

If additional property is discovered during administration, your attorney must file a supplemental inventory reflecting the newly acquired assets.

If at any time during the administration of this estate you discover additional property, your attorney, on your behalf, must file a supplemental inventory reflecting the newly acquired assets.

CRITICAL

The Court must be notified within 7 days of a significant change in the ward’s circumstances, whether the guardianship covers the person, the estate, or both.

Regardless of whether a guardianship of the person, guardianship of the estate or both, the Court must be notified of a significant change in circumstances of the ward within 7 days of the change.

CRITICAL

An audio/video appearance request must be made at least two days before the scheduled hearing.

No request to appear by audio/video shall be made less than two days before the time scheduled for the hearing.

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Trial witness and exhibit designations must be filed by the final pretrial or docket call hearing unless a scheduling order controls, and late filings require good cause.

Unless another date is controlling per a court scheduling order, designation of trial witnesses and exhibits shall be filed at or before the date set for the final pretrial hearing or docket call hearing (regardless of whether such hearing is in person or by submission). Late filings will be allowed only upon a showing of good cause.

CRITICAL

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:

CRITICALCivil cases

File the bond within 20 days after the Court signs the order granting letters of guardianship.

3. You must file your bond within 20 days after the Court signs the order granting letters of guardianship.

CRITICAL

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.

CRITICAL

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.