Burleson County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements19 rules
No Motion to Withdraw will be entertained by the Court unless it includes a certificate of the client's last known address and email address.
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.
A Setting Request must specify the case number and style, the proceeding sought, contact information for each attorney or self-represented litigant, and the estimated time required for both sides.
Court's wording
Each Setting Request shall be filed with Clerk of the Court and the Clerk shall forward the Request to the Court Coordinator for a setting to be made and such Request shall specify (i) the cause number and style of the case; (ii) the nature of the hearing, trial or ruling sought; (iii) the name, address, telephone number, and email address of each attorney of record or self-represented litigant; (iv) the amount of time estimated by the requesting party to be required for such hearing for both sides.
The Notice of Setting shall state the date, hour, nature of the trial or hearing set, and the allotted time.
A written Motion to Retain shall be filed by any party desiring to maintain a case on the docket setting forth good cause, together with a proposed Pre-Trial Order complying with Rule 165a(1) of the Texas Rules of Civil Procedure.
The document must be signed by the attorney or self-represented litigant submitting the document.
Counsel for each party (or self-represented litigant) will submit a proposed Charge of the Court, Witness List, and List of Exhibits to the Court no later than noon on the Friday prior to the jury week for which the case is set for trial, unless otherwise directed by the Court.
- Document
- Pretrial submission
Include
- •Exhibit list
After a ruling, the attorney directed shall prepare the form of the document to be entered.
All Judgments and Orders in uncontested matters (except cases which are settled on the hearing date) shall be presented at the time of hearing on such matters, except for good cause shown, and be signed by the attorney or self-represented litigant presenting the Order.
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.
Each attorney shall submit a Proposed Disposition of Issues, including proposed property characterization and division, conservatorship, possession, and support, to the Court and opposing counsel not later than the commencement of trial.
In covered property-division cases, each spouse must file or mutually agree in writing to file, and exchange, a sworn inventory within 75 days after suit is filed, subject to the stated exception.
Court's wording
In all cases requiring the division of property and/or liabilities, except in cases where Respondent signs a Waiver of Citation and does not hire counsel, the Husband and Wife EACH shall file with the Court, or upon written mutual agreement, and shall exchange between themselves, sworn inventories within seventy-five (75) days of the date that the suit is filed.
Each inventory must provide the specified property, liability, separate-property, and employment-benefit information, including the latest available plan information as an exhibit.
Court's wording
Each inventory shall list the value of each item of property and shall list each liability, together with the total amount of the liability, the number of periodic payments in arrears, if any, the property securing its payment, and the name of the creditor. Any property or liability claimed to be separate property shall be so characterized. All benefits arising from a party's employment (such as pensions, profit sharing plans, savings or thrift plans, and retirement accounts, whether vested or not) shall be identified, and the last information furnished as to the employee's rights and monetary interest in such plans shall be incorporated into the inventory as an exhibit thereto.
the property values and liabilities in a columnar form with each column totaled. Each inventory shall show the net worth of the community estate and the net worth on any claimed separate estate.
When a suit is tried, three (3) copies of all inventories and supplemental inventories shall be made available for use in trial.
All inventories shall be supplemented from the date of the original inventory through the day of the trial.
In divorce actions involving child custody, both parties must complete a course of at least four hours and file attendance certificates before obtaining a final-hearing setting, unless the Court waives attendance.
Court's wording
7.18 In all divorce actions involving the custody of children, both Petitioner and Respondent shall attend an online or in-person Parent Education and Family Stabilization course of not less than four (4) hours prior to obtaining a setting on a final hearing. Certificates of attendance for both the Petitioner and Respondent shall be filed with the District Clerk prior to obtaining a setting of the final hearing. The Court may, in its discretion, waive the attendance by one or both of the parties.
Upon employment, defense attorneys must give written notice to the specified court and prosecution recipients, including the accused’s name, charges, and cause number if known.
Court's wording
8.12 Immediately upon employment, the defense attorney shall give written notice thereof to the District Attorney and the Court Coordinator, or appropriate District Clerk if there is no Court Coordinator for the particular county in question, stating the name of the accused, the offense(s) charged and cause number, if known.
Attorneys and self-represented litigants who use AI for legal research or drafting must sign and submit the attached certification before using AI-generated information in a court submission or proceeding, certifying that the information was verified through traditional legal sources and acknowledging responsibility for compliance.
- Document
- Attached AI certification form
Must include
- •AI disclosure
Court's wording
All attorneys and self-represented litigants who utilize any form of artificial intelligence for legal research or drafting in connection with a case shall before using any AI-generated information in a court submission or proceeding sign and submit the attached form certifying that: 1. All language, quotations, sources, citations, arguments, and legal analysis created by or contributed to by generative artificial intelligence were before submission verified as accurate through traditional (non-AI) legal sources by an attorney licensed to practice law in the State of Texas, and 2. That the person understands and acknowledges that they are and will be held responsible and potentially sanctioned for their or their co-counsel's failure to comply with this Order.
Filing & Service rules
Electronic Filing Rules
Attorneys must file documents using the electronic filing system.
Attorneys must use the electronic filing system.
Page 4 | E-Filing of Court Documents
Self-represented litigants may file electronically or submit documents directly to the clerk’s office.
Self-represented litigants may use electronic filing or file documents directly with the clerk's office.
Page 4 | E-Filing of Court Documents
Agreed orders signed by all attorneys of record and any self-represented litigants may be submitted electronically as proposed orders and may be signed without a hearing.
Agreed Orders bearing the signature of all attorneys of record and self-represented litigants, if any, may be submitted via e-filing as a proposed order and may be signed by the Court without necessity of hearing.
Page 9 | Disposition of Uncontested Matters
Filing Timing and Cure Windows
Each attorney must submit the Proposed Disposition of Issues no later than the commencement of trial.
Each attorney shall submit a Proposed Disposition of Issues, including proposed property characterization and division, conservatorship, possession, and support, to the Court and opposing counsel not later than the commencement of trial.
Page 15 | Disposition Proposals
Covered sworn inventories must be filed or exchanged within 75 days after suit is filed, subject to the stated exception.
In all cases requiring the division of property and/or liabilities, except in cases where Respondent signs a Waiver of Citation and does not hire counsel, the Husband and Wife EACH shall file with the Court, or upon written mutual agreement, and shall exchange between themselves, sworn inventories within seventy-five (75) days of the date that the suit is filed.
Page 16 | Financial Information Statements
If no written objection is received within 10 calendar days after receipt of the original, the Court Coordinator must submit the document to the Court for signature.
If no written objection is received within ten (10) calendar days after the original was received, the Court Coordinator shall submit the document to the Court for signature.
Page 11 | Submission of Orders, Judgments and Instruments
If no proposed order or judgment is received within 7 days after written notice is sent, the Court may dismiss the case with prejudice and may tax costs in its discretion.
If no proposed Order or Judgment is received within seven (7) days from the date written notice is sent, the Court may sign an Order of Dismissal with Prejudice and costs may be taxed in the Court's discretion.
Page 12 | Submission of Orders, Judgments and Instruments
If no proposed judgment or order finally disposing of the case is filed within 14 days after the Court’s decision, the Court Coordinator may send counsel written notice.
If a proposed Judgment or Order finally disposing of a case has not been filed within fourteen (14) days after decision by the Court, the Court Coordinator may send written notice of the lack of a proposed Order to counsel.
Page 12 | Submission of Orders, Judgments and Instruments
The 75-day inventory period may be extended by written mutual agreement filed with the Court within the original 75-day period.
The seventy-five (75) day period may be extended by the parties upon written mutual agreement of the parties and/or their attorney filed with the Court within seventy-five (75) days of the date the suit is filed.
Page 16 | Financial Information Statements
Service and Proof of Service Rules
Without the client’s written consent, the withdrawing attorney must send the client the motion to withdraw and the hearing or submission notice by certified mail or email.
If withdrawal is without the written consent of the client, the withdrawing attorney shall forward to his client by certified mail or email a copy of his or her Motion to Withdraw and a copy of the Notice of Hearing or Notice of Submission without a hearing.
Page 3 | Withdrawal of Counsel
After leave to withdraw is granted, the attorney must send the client a copy of the granting order by certified mail or 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 email.
Page 3 | Withdrawal of Counsel
The requesting party must deliver the Notice of Setting to each attorney of record and self-represented litigant at the address listed on the Setting Request.
The requesting party shall deliver a Notice of Setting to each attorney of record and self-represented litigant at the address shown on the Setting Request.
Page 8 | Contested Hearings
The filer of a Setting Request must deliver a copy to all attorneys of record and self-represented litigants in the case.
The attorney or party filing the Setting Request shall cause to be delivered to all attorneys of record and all self-represented litigants in the case a copy of the Setting Request.
Page 8 | Contested Hearings
On the filing date, a duplicate must be delivered to opposing counsel and self-represented litigants so they can approve or object to its form or consistency with the Court’s ruling, not reargue the merits.
On the same date the document is filed, a duplicate of the document shall be delivered to opposing counsel and self-represented litigants 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-argument of the merits).
Page 11 | Submission of Orders, Judgments and Instruments
The arresting agency or appropriate County Sheriff must give the defendant a Notice of Court Setting at arrest or release on bond, stating a court appearance date on a regularly scheduled criminal docket day.
8.11 The arresting agency, or the appropriate County Sheriff, shall give the defendant at the time of arrest, or release from jail on bond, a Notice of Court Setting which shall have a date for the defendant to appear in court. This date is a regularly scheduled criminal docket day as it appears on the court's calendar and such will be provided by the Court Coordinator, or appropriate District Clerk if there is no Court Coordinator for the particular county in question,
Page 18 | Notice of Court Setting
Defense attorneys must give the written notice to the District Attorney and the Court Coordinator or, if there is no Coordinator, the appropriate District Clerk immediately upon employment.
8.12 Immediately upon employment, the defense attorney shall give written notice thereof to the District Attorney and the Court Coordinator, or appropriate District Clerk if there is no Court Coordinator for the particular county in question, stating the name of the accused, the offense(s) charged and cause number, if known.
Page 19 | Appearance of Defendant and Counsel/Court Attendance
After a matter is filed, the movant or the Court may notify all attorneys of record and self-represented litigants that the matter will be submitted without a hearing.
Upon the filing of any matter, the Movant or the Court may give notice to all attorneys of record and self-represented litigants that the matter will be submitted to the Court for a ruling without any hearing.
Page 7 | Requests for Settings – Non-Jury
When the Local Rules or other applicable law require it, the requesting party must notify all attorneys of record and self-represented litigants of the hearing setting.
The requesting party shall, when required by these Local Rules or other applicable law, notify all attorneys of record or self-represented litigants of such setting.
Page 9 | Disposition of Uncontested Matters
When required by the rules or applicable law, the requesting party must notify all attorneys of record or self-represented litigants of the hearing setting.
The requesting party shall, when required by these rules or other applicable law, notify all attorneys of record or self-represented litigants of such setting.
Page 16 | Uncontested Matters
Filing Fees and Waivers
A civil case may be set for jury trial only if a Rule 166 pretrial conference is requested in writing, a jury demand is properly filed, and the jury fee is paid within ten calendar days after the bench-trial setting notice is mailed or emailed.
No Civil case shall be set for a jury trial unless a Rule 166 (T.R.C.P.) Pre-Trial conference (see Local Rules 6.23 – 6.25 herein below) is requested in writing through the Court Coordinator, a demand for jury is properly filed with the District Clerk, and the proper jury fee is paid not later than ten (10) calendar days after the date the Notice of Setting for bench trial is mailed or emailed by the Court Coordinator or requesting party.
Page 9 | Request for Jury Trial, Jury Fee and Jury Demand
Adjournment & Extension Requirements
If an attorney already has a setting when filing a vacation notice, the attorney must notify opposing counsel and the Court Coordinator and file an agreed reset for court approval or a motion for continuance and obtain a ruling.
In the event an attorney already has a setting at the time the Vacation Notice is filed, it shall be the attorney's responsibility to notify opposing counsel and the Court Coordinator and file either an agreed reset for approval by the Court or a Motion for Continuance and obtain a ruling by the Court.
Page 3 | Attorney Vacations
A setting may be passed or reset only by a qualifying settlement agreement, a written agreement of all parties approved by the Court, or a continuance motion granted by the Court.
No setting shall be passed or reset 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 approval; or (c) a Motion for Continuance granted by the Court.
Page 10 | Resets
A trial setting cannot be passed by counsel’s agreement and may be reset only if the Court grants a continuance motion, unless the Court removes the case from the trial docket on its own motion.
All cases set for trial, whether jury or non-jury may not be passed by agreement of counsel. Such cases may only be reset upon the granting by the Court of a Motion for Continuance, unless the Court removes such from the trial docket on its' own motion.
Page 10 | Resets
A case may not be reset or otherwise added to or removed from the Court’s docket without Court approval.
No case may be reset, added to, or removed from the Court's docket without Court approval.
Page 19 | Case Flow Scheduling
Trial cases may not be passed by counsel’s agreement and may be reset only upon the Court granting a continuance motion, unless the Court removes the case from the trial docket on its own motion.
All cases set for trial, whether jury or non-jury, may not be passed by agreement of counsel. Such may only be reset upon the granting by the Court of a motion for continuance, unless the Court removes such from the trial docket on its' own motion.
Page 19 | Case Flow Scheduling
An attorneys’ agreement to continue, reset, or postpone a setting is ineffective unless the Court approves it.
8.17 No agreement by the attorneys to continue, reset or postpone any setting shall be effective unless approved by the Court.
Page 20 | Continuances/Resetting/Postponements