Brazos County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Setting request

A Setting Request must be filed with the court clerk, who must promptly transmit it to the appropriate Court Coordinator.

Each Setting Request shall be filed with the clerk of the court, who shall promptly transmit the setting request to the Court Coordinator of the appropriate court.

CRITICAL

Applies to

Setting request

Must include

certificate of service

The setting request must include a certification that a copy was 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.

CRITICAL

Applies to

Notice of setting

The Notice of Setting must state the date, hour, nature of the trial or hearing, and allotted time.

The Notice of Setting shall state the date, hour, nature of the trial or hearing set, and the allotted time.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach a copy of the order to the original petition and every copy before filing with the District Clerk.

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.

CRITICALCriminal cases

Applies to

Written acknowledgment

Court-appointed attorneys must submit a written acknowledgement that they have read the attached document to Brazos County Associate Court #1.

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.

CRITICAL

Applies to

Final trial setting request

A final trial will be set upon the requesting party's filing of a written request using a Setting Request form.

Cases will be set for final trial upon written request filed by the requesting party using a Setting Request form.

CRITICAL

Applies to

Magistrates warnings and bonds

The prosecuting attorney must file specified magistrate's warnings and bonds with the appropriate clerk when the case already has an open clerk's file.

(3) 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.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach a copy of the order to the Original Petition and each copy before filing with the District Clerk.

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.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must include a certificate stating the client's last known address.

No motion to withdraw will be entertained by the court unless it includes a certificate of the client's last known address.

CRITICAL

Applies to

Motion to withdraw

An attorney may not withdraw without presenting a motion and obtaining a court order granting leave.

No attorney of record shall be permitted to withdraw from any case without presenting a motion to withdraw and obtaining from the court an order granting leave to withdraw.

CRITICAL

Applies to

Setting request

A Setting Request must identify the case, the proceeding sought, contact information for each attorney or self-represented party, and the estimated hearing time for both sides.

Each Setting Request shall specify: (a) the cause number and style of the case; (b) the nature of the hearing, trial or ruling sought; (c) the name, mailing address, email address, and telephone number of each attorney of record or party pro se; (d) the amount of time estimated by the requesting party to be required for such hearing for both sides. Each attorney or party is cautioned to give careful attention to the amount of time requested, as other cases may be set at the conclusion of the estimated time period.

CRITICAL

Applies to

Notice of setting

A Notice of Setting must state the date, hour, nature of the proceeding, and allotted hearing time.

The Notice of Setting shall state the date, hour, nature of the trial or hearing set, and the allotted time for the hearing.

CRITICAL

Applies to

Preferential setting motion

A request for a preferential setting must be made by a verified motion stating why the setting is necessary; a hearing is required if any party requests one.

Unless otherwise provided or required by law, a preferential setting shall be granted only after hearing, if requested by any party, upon motion, duly verified, setting forth the reason that the preferential setting is necessary.

CRITICAL

Applies to

Submission without hearing notice

If a submission-without-hearing notice is given, it must state that a party may request a hearing or submit a written response by a specified date at least ten days after service.

Upon the filing of any matter, the Movant or the court may give notice to all attorneys of record and parties pro se that the matter will be submitted to the court for a ruling without any hearing. 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.

CRITICAL

Applies to

Child support order

Every child-support order submitted for court approval must be accompanied by an income-withholding order or writ as provided by law.

Every order submitted to the court for approval of child support shall be accompanied with an order or writ of income withholding as provided by law.

CRITICAL

Applies to

Criminal case documents

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

(2) Upon filing of the information or 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

Applies to

Trial exhibits

Each attorney must submit the listed exhibits to the court and opposing counsel by the Scheduling Order or Docket Control Order deadline, or, if there is no such order, by 5:00 p.m. the day before trial begins.

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.

CRITICAL

Applies to

Setting request

A setting request must be filed with the clerk and specify the case number and style, requested proceeding, listed contact and party information, and estimated time for both sides.

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). Each Setting Request shall be filed with the clerk of the court and shall specify: - (1) the cause number and style of the case; - (2) the nature of the hearing, trial or ruling sought; - (3) the name, address and audio/video number of each attorney of record, each defendant, and the name of defendant's surety bondsman, if applicable; - (4) the amount of time estimated by the requesting party to be required for such hearing for both sides. Each attorney or party is cautioned to give careful attention to the amount of time requested, as other cases may be set at the conclusion of the estimated time period.

CRITICAL

Applies to

Temporary orders hearing exhibits

Each party must prepare or present the specified financial and other exhibits before each Temporary Orders hearing begins.

Regardless of the issues presented, each party shall prepare or present the following exhibits for each Temporary Orders prior to the commencement of the hearing. - a. Financial Information Statement: - b. Two prior years' income tax returns with all schedules and attachments; - c. Three previous months' pay stubs; - d. Proof of health and dental insurance, including expense of same for only the child(ren), in any, before the court; and - e. Proposed relief for that party.

WARNING

Applies to

Order or judgment

After a ruling, the directed attorney must prepare the document for entry in duplicate originals.

After a ruling, the attorney directed shall prepare the form of the document to be entered in duplicate originals.

WARNING

Applies to

Sworn affidavit

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.

WARNING

Applies to

Appointment request

Proposed orders of appointment should accompany each such request.

Proposed orders of appointment should accompany each such request.

WARNING

Applies to

Objection

An objection to a submitted document's form or substance must include the objecting party's proposed document for the court's signature.

All objections to the form or substance of a document submitted shall have the objecting party's proposed document for the court's signature attached.

WARNING

Applies to

Motion to withdraw

The court may deny leave to withdraw if the motion is presented so close to trial that granting it would require delaying the trial.

Leave to withdraw may be denied where the motion is presented so near the trial date as to require delay of the trial.

WARNING

Applies to

Setting request

The original Setting Request must be retained with the original filings in the court file.

The original setting request shall be retained with the original filings in the court's file.

INFO

Applies to

Default judgment

For a qualifying liquidated claim, the plaintiff may submit the specified judgment documents for signature without a hearing, and the court may enter judgment without a personal appearance if legal prerequisites are met.

Whenever a claim is liquidated and proved by an instrument in writing and the plaintiff is entitled to default judgment, the plaintiff may present a prepared judgment and certificate of last known address, together with a non-military affidavit and an affidavit for attorney's fees, if appropriate, to the court for signature without a hearing. If the court is satisfied that all legal prerequisites have been met, the court may enter judgment without the necessity for a personal appearance.