Burnet County Court at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A Court Coordinator is not authorized to extend the deadline for delivering pretrial forms.
- A continuance of an MSJ hearing will not be granted without compelling evidence of good cause presented under a sworn motion for continuance.
Request must include
Communication
Phone
Document Format Requirements1 rule
Designation of Reporter's Record must also specify if a hard paper copy is needed, otherwise all records will be delivered in an electronic PDF format via email or CD.
- File type
Document Filing Requirements46 rules
If the Petitioner has not attached the order, the Clerk must ensure a copy is attached to the petition and every copy presented when the petition is filed.
Court's wording
At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
The written designation must be filed with the Clerk with a copy to all Court Coordinators no less than ninety (90) days in advance of the vacation.
If the case is set without agreement of Counsel, the Attorney who set the case shall immediately notify opposing Counsel according to the Rules of Civil Procedure, and provide a written certificate of conference on their notice of setting explaining in detail their attempts to confer with opposing counsel regarding the date.
- Document
- Notice of setting
Must include
- •Certificate of conference
If the motion or special exception will not be opposed, the moving party shall submit a proposed order signed by Counsel for all parties affected by the order indicating approval of same.
- Document
- Unopposed motion or special exception
Must include
- •Proposed order
For an opposed motion or special exception, the moving party must place one of the specified conference certificates at the end of the pleading, including the alternative provided for multi-party cases.
- Document
- Opposed motion or special exception
Must include
- •Certificate of conference
Court's wording
If the motion or special exception will be opposed, the moving party shall include at the end of his pleading one of the following certificates: 1) "A conference was held on (date) with (name), Attorney for opposing party, on the substance of this motion or special exception. We are not able to agree, therefore, the matter is presented to the Court for determination," or 2) "I was unable to reach opposing Counsel, (name), to confer about the merits of this matter, alter the following attempts: (briefly state the dates and nature of the unsuccessful attempts to contact opposing Counsel)." Or 3) In multi-party cases,Before setting this matter for hearing, I attempted to resolve this dispute by sending the attached letter to all Counsel of record."
The party is also responsible for having all documents required by the District Clerk for forwarding wage assignments completed and filed with the wage assignment order.
Every order or decree requiring payment of child support shall require all payments be made through the Attorney General's Office, Child Support Disbursement Unit, unless otherwise directed.
b) The Court Coordinator will not set any pre-trial matter for hearing unless it is accompanied by one of the foregoing certificates. c) This rule does not apply to cases in which no opposing Attorney has entered an appearance, or to matters involving family violence, habeas corpus, attachment, contempt of court, or temporary orders.
The party who is to receive support shall provide to the District Clerk's office the information required by that office.
The party who is responsible for preparing a decree of divorce for the Judge to sign is also responsible for completing any vital statistics forms and other documents required by the District Clerk's office.
The Proposed Disposition of Issues must be fully completed and use the form attached as Exhibit A to the Rules.
Court's wording
Before 5:00 p.m. on the date that is seven (7) days prior to the date set for a trial on the merits for any divorce trial, each party shall deliver to the opposing party and to the Court Coordinator of the Court in which the case is filed a Proposed Disposition of Issues, fully completed and in the form attached as Exhibit "A" to these Rules.
Within sixty days after Respondent's answer or waiver is filed, each party shall file with the District Clerk, a copy being furnished to the Judge, opposing Counsel and pro se parties, a sworn inventory and appraisement of all property (both separate and community) of the parties, including any property belonging to children of the parties. b) In the event of the filing of a written agreement completely settling the property of the parties to such action and all custody and support matters, it shall not be necessary to file such inventories and appraisements.
If the setting remains and the parties agree on all support issues, they must deliver either their signed written agreement or a jointly signed Proposed Support Decision and Information stating their agreement.
Court's wording
b) If the parties have an agreement on all issues pertaining to support, and the setting remains on the Court's docket at the time when the Proposed Support Decision and Information forms must be delivered, the parties shall deliver to the Court Coordinator either a signed copy of their written agreement or a single Proposed Support Decision and Information stating their agreement and signed by both parties.
For a trial on child or spousal support, each party must deliver a fully completed Exhibit B Proposed Support Decision and Information before 5:00 p.m. seven days before trial.
Court's wording
a) Before 5:00 p.m. on the date that is seven days prior to the date set for a trial on the merits before a Judge to determine an amount of child or spousal support, each party shall deliver to the opposing party and to the Court Coordinator of the Court in which the case is filed a Proposed Support Decision and Information, fully completed and in the form attached to these Rules as Exhibit "B".
Counsel must certify to the Court that they were unable to resolve the dispute by any mediation procedure seven (7) days before trial commences.
If the trial setting remains and the parties agree on community property and debt issues, they must deliver either their signed written agreement or a jointly signed Proposed Disposition of Issues stating their agreement.
Court's wording
b) If the parties have an agreement on issues pertaining to the division of community property and community debt, and the trial on the merits on the Court's docket setting remains at the time the parties are required to deliver the Proposed Disposition of Issues, the parties shall deliver to the Court Coordinator either a signed copy of their written agreement or a single Proposed Disposition of Issues stating their agreement and signed by both parties.
Immediately before a hearing on temporary orders in which the Court must decide temporary child support or temporary spousal support, each party shall deliver to the opposing party if known, and to the Court, a Proposed Support Decision and Information, fully completed and in the form attached to these Rules as Exhibit "B".
Except for temporary orders requirements, at the time any party is required by these Rules to deliver one or more disputed or agreed pre-trial forms, the party shall also deliver to each opposing party and to the Court Coordinator a Proposed Disposition of Other Issues, which shall state separately in brief, complete sentences each trial or hearing decision that is sought by the party not covered by a required form.
If the case is set without agreement of Counsel, the Attorney who set the case shall immediately notify opposing Counsel according to the Rules of Civil Procedure, and provide a written certificate of conference on their notice of setting explaining in detail their attempts to confer with opposing counsel regarding the date.
- Document
- Notice of setting
Must include
- •Certificate of conference
For an opposed motion or special exception, the moving party must place one of the specified conference certificates at the end of the pleading.
- Document
- Motion or special exception
Must include
- •Certificate of conference
Court's wording
If the motion or special exception will be opposed, the moving party shall include at the end of Movant's pleading one of the following certificates: 1) "A conference was held on (date) with (name), Attorney for opposing party, on the substance of this motion or special exception. We are not able to agree, therefore, the matter is presented to the Court for determination,"or; 2) "I was unable to reach opposing Counsel, (name), to confer about the merits of this matter, after the following attempts: (briefly state the dates and nature of the unsuccessful attempts to contact opposing Counsel)." or; 3) In multi-party cases, "Before setting this matter for hearing, I attempted to resolve this dispute by sending the attached letter to all Counsel of record."
If the motion or special exception will not be opposed, the moving party shall submit a proposed order signed by a Counsel for all parties affected the order indicating approval of same.
- Document
- Unopposed motion or special exception
Must include
- •Proposed order
b) The Court Coordinator will not set any pre-trial matter for hearing unless it is accompanied by one of the foregoing certificates.
After discovery and before trial, counsel must participate in mediation unless the Court waives it, and must certify seven days before trial if mediation did not resolve the dispute.
Court's wording
After completion of discovery but prior to any case being tried before the Court or a jury, counsel will participate in mediation to attempt to resolve the dispute, unless waived by the Court. Counsel must certify to the Court that they were unable to resolve the dispute by any mediation procedure seven (7) days before trial commences.
An attorney seeking placement on the court-appointed counsel list must submit an application with the specified identifying information, proof of Texas licensure, and completed County Indigent Defense Plan application and qualifications; a judge may still appoint any qualified attorney.
Court's wording
To be on the list the Attorney must volunteer by submitting an application providing the name, address and telephone number, together with proof that he or she is licensed by the Supreme Court of Texas. In addition, the application and qualifications made part of the County's Indigent Defense Plan must be completed and submitted. This rule does not limit a Judge's authority to appoint any qualified Attorney to represent an indigent Defendant should the Judge deem it appropriate.
In the event more than one attorney represents a Defendant, than the lead Attorney shall file with the Court a designation of lead Attorney.
The District Attorney's office must provide the defense attorney a discovery checklist and file the list with the Court upon completion of discovery.
Court's wording
To encourage the expeditious disposal of cases, to promote judicial economy, and without the diluting the rights of Defendants and in the interest of justice, the District Attorney's office will provide a check list of discovery material provided informally to the Defense Attorney and the list will be filed with the Court upon completion of discovery.
In the event more than one Attorney represents a Defendant, then the lead Attorney shall file with the Court a designation of lead Attorney.
all court- appointed appellate attorneys are advised that they are required to deliver a written designation to the Official Court Reporter and/or the Deputy Official Reporter within 15 days of appointment
If a defendant has been deemed to be indigent or files for appointed counsel after conviction, trial counsel shall file a Motion for New Trial and a Notice of Appeal before withdrawing from the case.
Designation of Reporter's Record must also specify if a hard paper copy is needed, otherwise all records will be delivered in an electronic PDF format via email or CD.
The written designation must specify the date of each hearing requested for inclusion in the appellate Reporter's Record.
Court's wording
All official reporter's records are archived by date; therefore, the written designation to the Official Court Reporter must include the date specificity regarding each specific hearing being requested to be included in the Reporter's Record on appeal.
All hearings being requested to be included in the Official Record on an indigent county-paid appeal other than the jury trial portion of said record must be pre-approved by the Presiding Judge for county payment.
Any request for oral argument must be made in writing at least seven (7) days prior to the hearing date
All parties shall e-file proposed orders prior to the hearing or submission date.
The non-movant shall have ten (10) days from the date the docketing statement and no evidence motion are filed to file a written response contesting the contents of the docketing statement.
Any no-evidence motion for summary judgment must be accompanied by a separate Adequate-Time-for-Discovery Docketing Statement which shall affirmatively state that one of the presumptive discovery thresholds has been met or set forth specific grounds explaining why an adequate time for discovery has otherwise passed.
Continuances of MSJ hearings will not be granted absent compelling evidence demonstrating good cause as outlined under a sworn motion for continuance.
The party who is to receive a portion of another party's retirement benefit through a domestic relations order is responsible to present the order, if at all possible, at the time the decree of divorce is signed.
The party who is to receive support through a wage assignment is responsible for presenting the wage assignment order to the Judge, if at all possible, at the time a decree of divorce or order modifying a prior order is signed.
Failure to certify that a mediation has occurred may result in sanctions for the non-certifying party.
All issues not stated as required by these Rules may be deemed waived except upon a showing of good cause for failure to comply with the Rules.
If at the time pre-trial forms (excluding inventories) are required to be delivered to the Court Coordinator, all parties in a case fail to deliver the forms, the setting for that case may be stricken, unless the case was set for trial by the Court after notice of intent to dismiss for want of prosecution.
Motions to substitute Counsel will be granted without hearing if the order is signed by the Defendant as well as the incoming and outgoing Attorneys.
To be on the list the Attorney must submit the approved application.
A preferential setting before a visiting judge may be obtained if the parties are willing to waive in writing their objection to a visiting Judge or if the case has been set for trial on four prior occasions and has not been reached by the Court.
Filing & Service rules
Electronic Filing Rules
The original appellate transcript will be e-filed with the Third Court of Appeals upon completion of the record.
Upon completion of appellate record, the original transcript will be E-filed with the Third Court of Appeals
Page 30 | VI. CRIMINAL CASES - INDIGENT COUNTY PAID APPEALS IN CRIMINAL CASES
An oral-argument request must be e-filed.
Any request for oral argument must be made in writing at least seven (7) days prior to the hearing date and must be e-filed
Civil cases
Page 1 | I. HEARING SETTINGS — B. Oral Argument and Definition of Hearing Date
All parties must e-file proposed orders.
All parties shall e-file proposed orders prior to the hearing or submission date.
Civil cases
Page 2 | III. PROPOSED ORDERS
Filing Timing and Cure Windows
The written vacation designation must be filed at least 90 days before the vacation.
The written designation must be filed with the Clerk with a copy to all Court Coordinators no less than ninety (90) days in advance of the vacation.
Page 8 | E. VACATION OF COUNSEL
For a divorce trial on the merits, each party must deliver a fully completed Proposed Disposition of Issues in the form of Exhibit A to the opposing party and Court Coordinator before 5:00 p.m. seven days before trial.
Before 5:00 p.m. on the date that is seven (7) days prior to the date set for a trial on the merits for any divorce trial, each party shall deliver to the opposing party and to the Court Coordinator of the Court in which the case is filed a Proposed Disposition of Issues, fully completed and in the form attached as Exhibit "A" to these Rules.
Page 12 | D. PRE-TRIAL PROCEDURES IN FAMILY LAW CASES
Each party must file the sworn inventory and appraisement within 60 days after the Respondent's answer or waiver is filed.
Within sixty days after Respondent's answer or waiver is filed, each party shall file with the District Clerk, a copy being furnished to the Judge, opposing Counsel and pro se parties, a sworn inventory and appraisement of all property (both separate and community) of the parties, including any property belonging to children of the parties.
Page 12 | D. PRE-TRIAL PROCEDURES IN FAMILY LAW CASES
The mediation certification must be made seven days before trial begins.
Counsel must certify to the Court that they were unable to resolve the dispute by any mediation procedure seven (7) days before trial commences.
Page 13 | II. FAMILY LAW RULES APPLICABLE TO ALL DISTRICTS AND COUNTY COURT AT LAW
The Proposed Support Decision and Information is due before 5:00 p.m. on the date seven days before the support trial.
a) Before 5:00 p.m. on the date that is seven days prior to the date set for a trial on the merits before a Judge to determine an amount of child or spousal support, each party shall deliver to the opposing party and to the Court Coordinator of the Court in which the case is filed a Proposed Support Decision and Information, fully completed and in the form attached to these Rules as Exhibit "B".
Page 13 | II. FAMILY LAW RULES APPLICABLE TO ALL DISTRICTS AND COUNTY COURT AT LAW
The temporary-support form must be delivered immediately before the hearing.
Immediately before a hearing on temporary orders in which the Court must decide temporary child support or temporary spousal support, each party shall deliver to the opposing party if known, and to the Court, a Proposed Support Decision and Information, fully completed and in the form attached to these Rules as Exhibit "B".
Page 14 | II. FAMILY LAW RULES APPLICABLE TO ALL DISTRICTS AND COUNTY COURT AT LAW
A written motion to remove a case from the dismissal docket must be presented to the Judge before the notified dismissal date.
Written motions to remove a case from the dismissal docket must be presented to the Judge prior to the notified date of dismissal.
Page 15 | E. DISMISSAL DOCKET; INVOLUNTARY DISMISSAL, 1. Time
A Jane Doe application may be filed with either clerk; the County Clerk must accept and immediately transfer an application received there to the District Clerk.
A "Jane Doe case" application may be filed with either the District Clerk or the County Clerk, but if an application is received by the County Clerk, the County Clerk shall accept it and shall immediately transfer the application to the District Clerk.
Page 16 | F. JUDICIAL BYPASS OF PARENTAL NOTIFICATION ("JANE DOE" CASES), 1. District Clerk Designated
The District Clerk must notify the applicant of the hearing, which is set for 2:00 p.m. on the next business day after filing, subject to the incomplete postponement exception in the source.
The District Clerk shall notify the "Jane Doe" applicant of the time and place of the hearing on the application, which shall be at 2:00 p.m. on the next business day after the filing of the application, unless an application for postponement is
Page 16 | F. JUDICIAL BYPASS OF PARENTAL NOTIFICATION ("JANE DOE" CASES), 3. Notification of the Hearing
A written motion to remove a case from the dismissal docket must be presented to the trial judge before the notified dismissal date.
Written motions to remove a case from dismissal docket must be presented to the trial Judge prior to the notified date of dismissal.
Page 21 | D. DISMISSAL DOCKET; INVOLUNTARY DISMISSAL
Special exceptions must be timely filed and presented at the pre-trial hearing or they are waived.
All special exceptions shall be considered waived if not timely filed and presented to the Court at the pre-trial hearing.
Page 21 | 5. Special Exception.
Pre-trial motions must be filed at least seven days before the pre-trial hearing.
c) All pre-trial motions must be filed at least seven (7) days before the date of the pre-trial hearing.
Page 29 | V. COUNTY COURT AT LAW CRIMINAL RULES
Court-appointed appellate counsel must deliver a written designation to the Official Court Reporter or Deputy Official Reporter within 15 days of appointment.
Upon appointment as appellate counsel to handle a specific appeal, all court- appointed appellate attorneys are advised that they are required to deliver a written designation to the Official Court Reporter and/or the Deputy Official Reporter within 15 days of appointment whereas the Official Reporter can begin transcription and meet imposed deadlines with the Third Court of Appeals.
Page 29 | VI. CRIMINAL CASES - INDIGENT COUNTY PAID APPEALS IN CRIMINAL CASES
An oral-argument request must be made at least seven days before the hearing.
Any request for oral argument must be made in writing at least seven (7) days prior to the hearing date
Civil cases
Page 1 | I. HEARING SETTINGS — B. Oral Argument and Definition of Hearing Date
Proposed orders must be filed before the hearing or submission date.
All parties shall e-file proposed orders prior to the hearing or submission date.
Civil cases
Page 2 | III. PROPOSED ORDERS
The non-movant has 10 days after the docketing statement and motion are filed to file a written response contesting the statement; otherwise, the Court will deem it uncontested.
The non-movant shall have ten (10) days from the date the docketing statement and no evidence motion are filed to file a written response contesting the contents of the docketing statement. If no response is timely filed, the Court will deem the docketing statement uncontested.
Civil cases
Page 2 | VII. RESPONSE TO DOCKETING STATEMENT
Late filings will not be considered unless the Court grants leave.
C. Late Filings. Late filings will not be considered absent leave of Court.
Civil cases
Page 2 | II. NOTICE AND RESPONSE DEADLINES — C. Late Filings
After adequate time for discovery has run, the filing party must move to reinstate an abated no-evidence summary-judgment motion.
once abated, the filing party must file a motion seeking to reinstate the no evidence motion for summary judgment once an adequate time for discovery has run.
Civil cases
Page 3 | VIII. AUTOMATIC ABATEMENT OF PREMATURE NO-EVIDENCE MOTIONS
A no-evidence motion filed before adequate discovery or without a docketing statement is automatically abated.
A no-evidence motion filed before adequate discovery is met or without a docketing statement is automatically abated.
Civil cases
Page 3 | VIII. AUTOMATIC ABATEMENT OF PREMATURE NO-EVIDENCE MOTIONS
The parties may agree in writing to exchange inventories without filing them or to delay filing beyond 60 days after an answer or waiver, but the Court may still require filing over their objection unless a written agreement completely settles property, custody, and support.
The parties may agree in writing to exchange inventories without filing the inventories or to delay filing inventories beyond sixty days after an answer or waiver is field, but the Court may require the filing of same, over the objection of all parties, unless there is a written agreement completely settling the property and all custody and support matters.
Page 12 | D. PRE-TRIAL PROCEDURES IN FAMILY LAW CASES
The discovery checklist must be filed with the Court upon completion of discovery.
To encourage the expeditious disposal of cases, to promote judicial economy, and without the diluting the rights of Defendants and in the interest of justice, the District Attorney's office will provide a check list of discovery material provided informally to the Defense Attorney and the list will be filed with the Court upon completion of discovery.
Page 25 | IV. DISTRICT COURT CRIMINAL RULES
The Court will schedule a summary-judgment hearing 35 to 60 days after filing, but may schedule it up to 90 days after filing under the stated conditions.
1. Upon filing of a Motion for Summary Judgment, the Court will schedule a hearing at the first available date occurring no earlier than thirty-five (35) days after the date of filing and no later than sixty (60) days from the date of filing. 2. If required by docket constraints, for good cause shown or upon agreement of the movant the hearing may be scheduled up to ninety (90) days from the date of filing, but not beyond that time.
Civil cases
Page 1 | I. HEARING SETTINGS — A. Scheduling Window
The Court must sign and file an order resolving the motion no later than 90 days after the hearing.
The Court will sign a written order resolving the MSJ and file it with the clerk no later than ninety (90) days from the date of the hearing.
Civil cases
Page 2 | IV. COURT'S RULING DEADLINES
Service and Proof of Service Rules
Before presenting a TRO or other petition for extraordinary relief, the plaintiff's or movant's attorney must notify the known opposing attorney and give that attorney an opportunity to appear.
Before presenting a TRO or any petition for extraordinary relief, the Attorney representing the Defendant or Respondent, if known, must be notified by the Plaintiff's or Movant's Attorney and given the opportunity to appear with Plaintiffs or Movant's Attorney.
Page 7 | C. TRO'S, WRITS OF ATTACHMENT, WRITS OF GARNISHMENT, WRITS OF SEQUESTRATION
A copy of the inventory and appraisement must be furnished to the Judge, opposing counsel, and pro se parties.
Within sixty days after Respondent's answer or waiver is filed, each party shall file with the District Clerk, a copy being furnished to the Judge, opposing Counsel and pro se parties, a sworn inventory and appraisement of all property (both separate and community) of the parties, including any property belonging to children of the parties.
Page 12 | D. PRE-TRIAL PROCEDURES IN FAMILY LAW CASES
Each party must deliver the Proposed Disposition of Issues to the opposing party and Court Coordinator.
Before 5:00 p.m. on the date that is seven (7) days prior to the date set for a trial on the merits for any divorce trial, each party shall deliver to the opposing party and to the Court Coordinator of the Court in which the case is filed a Proposed Disposition of Issues, fully completed and in the form attached as Exhibit "A" to these Rules.
Page 12 | D. PRE-TRIAL PROCEDURES IN FAMILY LAW CASES
Each party must deliver the proposed support form to the opposing party as well as the Court Coordinator.
a) Before 5:00 p.m. on the date that is seven days prior to the date set for a trial on the merits before a Judge to determine an amount of child or spousal support, each party shall deliver to the opposing party and to the Court Coordinator of the Court in which the case is filed a Proposed Support Decision and Information, fully completed and in the form attached to these Rules as Exhibit "B".
Page 13 | II. FAMILY LAW RULES APPLICABLE TO ALL DISTRICTS AND COUNTY COURT AT LAW
Each party must deliver the temporary-support form to the opposing party if known.
Immediately before a hearing on temporary orders in which the Court must decide temporary child support or temporary spousal support, each party shall deliver to the opposing party if known, and to the Court, a Proposed Support Decision and Information, fully completed and in the form attached to these Rules as Exhibit "B".
Page 14 | II. FAMILY LAW RULES APPLICABLE TO ALL DISTRICTS AND COUNTY COURT AT LAW
The Proposed Disposition of Other Issues must be delivered to each opposing party.
Except for temporary orders requirements, at the time any party is required by these Rules to deliver one or more disputed or agreed pre-trial forms, the party shall also deliver to each opposing party and to the Court Coordinator a Proposed Disposition of Other Issues, which shall state separately in brief, complete sentences each trial or hearing decision that is sought by the party not covered by a required form.
Page 14 | II. FAMILY LAW RULES APPLICABLE TO ALL DISTRICTS AND COUNTY COURT AT LAW
The party or Attorney who sets the case for trial must notify opposing Counsel under the Rules of Civil Procedure.
The party or Attorney setting the case shall give notice to opposing Counsel according to the Rules of Civil Procedure.
Page 16 | E. DISMISSAL DOCKET; INVOLUNTARY DISMISSAL, 3. Reset
Upon being retained, the defense attorney must give written notice of the representation to the District Attorney, District Clerk, and Court Coordinator for the court where the case is filed.
Upon employment, the Defense Attorney shall give written notice thereof to the District Attorney, the District Clerk and the Court Coordinator in the Court in which the case is filed.
Page 24 | D. ATTORNEY OF RECORD; 3. Notice in Retained Cases
Notice of a motion to withdraw or substitute counsel must be delivered to the State when the motion is set.
Notice of such motions shall be delivered to the State when the motion is set.
Page 25 | IV. DISTRICT COURT CRIMINAL RULES
Upon employment, defense counsel must give written notice to the County Attorney, County Clerk, and Court Coordinator in the court where the case is filed.
Upon employment, the Defense Attorney shall give notice thereof, in writing, to the County Attorney, to the County Clerk and the Court Coordinator in the Court in which the case is filed.
Page 27 | 3. Notice in Retained Cases
When the Court sets a case on the Status Docket, notice of the setting must be given to the defendant and defense attorney.
Cases may be set by the Court to the Status Docket. Notice of such setting will be given to the Defendant and the Defense Attorney.
Page 28 | F. PRE-TRIAL AND TRIAL SETTINGS
After an Information is filed, defendants and/or their attorneys must be notified of a court appearance date.
After the filing of an Information, all Defendants and/or their attorneys shall be notified of a date to appear before the Court.
Page 28 | E. INITIAL APPEARANCE
Defense attorneys must subpoena all witnesses and law enforcement officers needed for pre-trial hearings.
4. Defense Attorneys shall subpoena all witnesses, including the State's witnesses, and law enforcement officers necessary for pre-trial hearings.
Page 29 | V. COUNTY COURT AT LAW CRIMINAL RULES
An oral-argument request must be served on all parties.
Any request for oral argument must be made in writing at least seven (7) days prior to the hearing date and must be e-filed and served on all parties.
Civil cases
Page 1 | I. HEARING SETTINGS — B. Oral Argument and Definition of Hearing Date
The non-movant must serve the response and summary-judgment evidence within 21 days after the motion is filed, unless the Court grants leave.
A. Response. Except on leave of Court, the non-movant's response and summary- judgment evidence must be filed and served within twenty-one (21) days after the Motion for Summary Judgment is filed.
Civil cases
Page 2 | II. NOTICE AND RESPONSE DEADLINES — A. Response
B. Reply. Except on leave of Court, the movant may file and serve a reply within seven (7) days after the non-movant's response is filed.
B. Reply. Except on leave of Court, the movant may file and serve a reply within seven (7) days after the non-movant's response is filed.
Civil cases
Page 2 | II. NOTICE AND RESPONSE DEADLINES — B. Reply
A copy of the written vacation designation must be provided to all Court Coordinators.
The written designation must be filed with the Clerk with a copy to all Court Coordinators no less than ninety (90) days in advance of the vacation.
Page 8 | E. VACATION OF COUNSEL
A Judge may require an in-court hearing instead of a telephone hearing at any time, including after the conference call, with notice to all parties.
At any time, even after the completion of a conference call, a Judge may determine that a hearing by telephone will not be sufficient and may require a hearing in court upon notice to all parties.
Page 8 | D. HEARINGS CONDUCTED BY PHONE
A motion to withdraw may be heard at any time once the defendant has had notice to appear.
An Attorney's motion to withdraw may be heard at any time when the Defendant has had notice to appear.
Page 24 | E. WITHDRAWAL OF COUNSEL; 1. Withdrawal
Upon completion of the record, electronic copies will be transmitted to appellate counsel, State's counsel, and the county District Clerk unless otherwise specified.
Upon completion of appellate record, the original transcript will be E-filed with the Third Court of Appeals and electronic copies of same will be transmitted to appellate counsel, counsel for the State of Texas, and the District Clerk of said county unless otherwise specified.
Page 30 | VI. CRIMINAL CASES - INDIGENT COUNTY PAID APPEALS IN CRIMINAL CASES
When a defendant has not been arrested, the defendant may be given notice to appear at a specific date and time.
In instances where a Defendant has not been arrested, i.e. citation by a peace officer, referral/ transfer from the District Courts, a Defendant may be given notice to appear at a specific time and date.
Page 28 | E. INITIAL APPEARANCE
Filing Fees and Waivers
A jury trial will not be set until the proper jury fee is paid and mediation has occurred.
No setting for jury trial will be given until the proper jury fee has been paid and mediation has occurred.
Page 9 | B. SETTING THE CASE — 1. Court Coordinator/Administrator
Pre-Motion Conference Requirements
Before setting a pre-trial matter for hearing, the moving party must communicate with opposing counsel to determine whether a contemplated motion or special exception will be opposed.
No pre-trial matter will be set for hearing unless the moving party has first communicated with opposing Counsel to determine whether a contemplated motion or special exception will not be opposed.
Page 10 | B. SETTING THE CASE — 5. Attempt to Confer
Pre-trial motions may not be heard on the jury-trial date, except motions in limine and motions designated by the trial court.
a) No pre-trial motions shall be heard on the date of the jury trial, except motions in limine, and those designated by the trial court.
Page 29 | V. COUNTY COURT AT LAW CRIMINAL RULES
Unless the Court grants leave, the non-movant must file a response within 21 days after the motion is filed, and the movant may file a reply within 7 days after the response is filed.
A. Response. Except on leave of Court, the non-movant's response and summary- judgment evidence must be filed and served within twenty-one (21) days after the Motion for Summary Judgment is filed. B. Reply. Except on leave of Court, the movant may file and serve a reply within seven (7) days after the non-movant's response is filed.
Civil cases
Page 2 | II. NOTICE AND RESPONSE DEADLINES
Before a pre-trial matter is set for hearing, the moving party must confer with opposing counsel about whether the contemplated motion or special exception is opposed; the rule has the stated exceptions.
a) No pre-trial matter will be set for hearing unless the moving party has first communicated with opposing Counsel to determine whether a contemplated motion or special exception will be opposed. If the motion or special exception will not be opposed, the moving party shall submit a proposed order signed by a Counsel for all parties affected the order indicating approval of same. If the motion or special exception will be opposed, the moving party shall include at the end of Movant's pleading one of the following certificates: b) The Court Coordinator will not set any pre-trial matter for hearing unless it is accompanied by one of the foregoing certificates. c) This rule does not apply to cases in which no opposing Attorney has entered an appearance, or to matters involving family violence, habeas corpus, attachment, contempt of court, or temporary orders.
Page 19 | 5. Attempt to Confer
Adjournment & Extension Requirements
A continuance of an MSJ hearing will not be granted without compelling evidence of good cause presented under a sworn motion for continuance.
Continuances of MSJ hearings will not be granted absent compelling evidence demonstrating good cause as outlined under a sworn motion for continuance.
Civil cases
Page 3 | IX. CONTINUANCES
A Court Coordinator is not authorized to extend the deadline for delivering pretrial forms.
A Court Coordinator is not authorized to extend the time for delivering pre-trial forms.
Page 14 | II. FAMILY LAW RULES APPLICABLE TO ALL DISTRICTS AND COUNTY COURT AT LAW
Chambers Communication Rules
All settings for non-jury matters and jury trials must be arranged through the office of the Court Coordinator/Administrator.
All settings for non-jury matters and jury trials shall be done though the office of the Court Coordinator/Administrator for the court in which the case is pending.
Page 9 | B. SETTING THE CASE — 1. Court Coordinator/Administrator
Requests for settings must not be directed to a judge.
No request for settings shall be directed toward any Judge.
Page 10 | B. SETTING THE CASE — 3. Conflicts
Motions to withdraw or substitute counsel must be scheduled with the Court Coordinator at the Court’s convenience.
Motions to Withdraw or Substitute Counsel are set with the Court Coordinator at the convenience of the Court.
Page 28 | D. WITHDRAWAL OF COUNSEL
Attorneys should make advance arrangements with the Bailiff when they anticipate needing to move furniture or set up electronic equipment.
Attorneys should anticipate any need to move furniture, easels or set-up electronic equipment and make advance arrangements with the Bailiff.
Page 5 | 4. Conduct of Attorneys
Attorneys should observe the ethical canons concerning discussion of cases with the media and improper ex parte communications with the Judge.
Attorneys should observe the letter of all canons of ethic, including those dealing with discussion of cases with representatives of the media and those concerning improper ex parte communications with the Judge;
Page 5 | 4. Conduct of Attorneys
At the Judge's discretion, hearings that do not require evidence may be held by telephone conference call if advance arrangements ensure the Judge is available.
At the discretion of the Judge and after arrangements have been made in advance for the Judge to be available, hearings not requiring the introduction of evidence may be conducted by telephone conference calls.
Page 7 | D. HEARINGS CONDUCTED BY PHONE
The requesting Attorney must arrange the telephone conference call and make arrangements with telephone operators; the Court Coordinator should not be asked to arrange it, and a Judge will not initiate the call.
The Court Coordinator should not be requested to make arrangements. The Attorney requesting the conference is responsible for arranging the telephone conference call. A Judge will not initiate a conference call. All arrangements with telephone operators must be made by an Attorney.
Page 7 | D. HEARINGS CONDUCTED BY PHONE
The Court provides a court reporter for telephone conference calls, and an Attorney must request that arrangement in advance.
A court reporter shall be provided by the Court during these calls. A request by an Attorney for such an arrangement must be made in advance.
Page 7 | D. HEARINGS CONDUCTED BY PHONE