Burnet County Court at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Petition

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.

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.

CRITICAL

Applies to

Unopposed motion or special exception

Must include

proposed order

For an unopposed motion or special exception, the moving party must submit a proposed order signed by counsel for all affected parties to indicate approval.

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.

CRITICAL

Applies to

Proposed support decision and information

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.

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.

CRITICAL

Applies to

Designation of reporters record

Court-appointed appellate counsel must provide a written designation to the Official Court Reporter or Deputy Official Reporter.

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

CRITICAL

Applies to

Discovery checklist

The District Attorney's office must provide the defense attorney a discovery checklist and file the list 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.

CRITICAL

Applies to

Lead attorney designation

If more than one attorney represents a defendant, the lead attorney must file a designation with the Court.

In the event more than one Attorney represents a Defendant, then the lead Attorney shall file with the Court a designation of lead Attorney.

CRITICALCivil cases

Applies to

Oral argument request

An oral-argument request must be made in writing 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

CRITICAL

Applies to

Designation of reporters record

The designation must state whether a hard paper copy is needed; otherwise, the record is delivered as an electronic PDF by email or CD.

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.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach a copy of the order to the original petition and every copy.

The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.

CRITICAL

Applies to

Motion for new trial

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.

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.

CRITICALCivil cases

Applies to

Proposed order

All parties must e-file proposed orders before the hearing or submission date.

All parties shall e-file proposed orders prior to the hearing or submission date.

CRITICAL

Applies to

Motion or special exception

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.

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."

CRITICAL

Applies to

Wage assignment documents

The responsible party must complete and file with the wage assignment order all documents the District Clerk requires to forward wage assignments.

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.

CRITICALCivil cases

Applies to

Motion for continuance

A request to continue an MSJ hearing must be 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.

CRITICAL

Applies to

Lead attorney designation

If more than one attorney represents a defendant, the lead attorney must file a designation of lead attorney with the court.

In the event more than one attorney represents a Defendant, than the lead Attorney shall file with the Court a designation of lead Attorney.

CRITICAL

Applies to

Proposed support decision and information

Immediately before a temporary-orders hearing addressing child or spousal support, each party must deliver a fully completed Exhibit B Proposed Support Decision and Information to the Court and, if known, the opposing party.

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".

CRITICAL

Applies to

Proposed support decision and information

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.

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".

CRITICAL

Applies to

Proposed disposition of issues

The Proposed Disposition of Issues must be fully completed and use the form attached as Exhibit A to the Rules.

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.

CRITICAL

Applies to

Unopposed motion or special exception

Must include

proposed order

For an unopposed motion or special exception, the moving party must submit a proposed order signed by counsel for all affected parties to indicate approval.

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.

CRITICAL

Applies to

Inventory and appraisement

Each party must file a sworn inventory and appraisement of the parties' property, including property belonging to their children, within 60 days after the Respondent's answer or waiver is filed and furnish copies to the Judge, opposing counsel, and pro se parties; filing is unnecessary if a written agreement completely settles property, custody, and support matters.

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.

CRITICAL

Applies to

Order or decree

An order or decree requiring child support payments must direct payment through the Attorney General's Office, Child Support Disbursement Unit, unless otherwise directed.

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.

CRITICAL

Applies to

Court appointed counsel application

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.

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.

CRITICAL

Applies to

Notice of setting

Must include

certificate of conference

If a case is set without counsel's agreement, the attorney who set it must immediately notify opposing counsel and include a written certificate of conference on the notice of setting detailing attempts to agree on the date.

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.

CRITICAL

Applies to

Pre trial matter

A pre-trial matter must be accompanied by one of the foregoing certificates to be set for hearing, except in cases with no opposing attorney appearance or matters involving family violence, habeas corpus, attachment, contempt, or temporary orders.

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.

CRITICAL

Applies to

Opposed motion or special exception

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, including the alternative provided for multi-party cases.

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."

CRITICAL

Applies to

Pre trial matter

Must include

certificate of conference

The Court Coordinator will not set a pre-trial matter for hearing unless it is accompanied by one of the specified certificates.

b) The Court Coordinator will not set any pre-trial matter for hearing unless it is accompanied by one of the foregoing certificates.

CRITICAL

Applies to

Designation of reporters record

The written designation must specify the date of each hearing requested for inclusion in the appellate Reporter's Record.

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.

CRITICAL

Applies to

Appellate record

Hearings other than the jury-trial portion requested for an indigent county-paid appellate record require the Presiding Judge's advance approval for county payment.

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.

CRITICAL

Applies to

Notice of setting

Must include

certificate of conference

If counsel do not agree on a trial setting, the attorney who set the case must immediately notify opposing counsel and include on the notice of setting a written certificate detailing attempts to confer about the date.

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.

CRITICAL

Applies to

Mediation certification

Counsel must certify to the Court seven days before trial that mediation procedures did not resolve the dispute.

Counsel must certify to the Court that they were unable to resolve the dispute by any mediation procedure seven (7) days before trial commences.

CRITICAL

The party receiving support must provide the District Clerk's office with the information it requires.

The party who is to receive support shall provide to the District Clerk's office the information required by that office.

CRITICAL

Applies to

Mediation certification

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.

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.

CRITICALCivil cases

Applies to

Docketing statement response

The non-movant's response contesting the docketing statement must be in writing.

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.

CRITICALCivil cases

Applies to

No evidence motion

A no-evidence summary-judgment motion must include a separate docketing statement that either affirms a presumptive discovery threshold was met or states specific grounds why adequate discovery time has otherwise passed.

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.

CRITICAL

Applies to

Proposed disposition of other issues

When required to deliver disputed or agreed pretrial forms, a party must also deliver a Proposed Disposition of Other Issues stating separately, in brief complete sentences, each requested decision not covered by a required form; temporary-orders requirements are excluded.

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.

CRITICAL

Applies to

Proposed disposition of issues

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.

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.

CRITICAL

Applies to

Vacation designation

A written vacation designation must be filed with the Clerk and copied to all Court Coordinators 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.

CRITICAL

Applies to

Vital statistics forms and clerk documents

The party preparing a divorce decree for the Judge must also complete any vital statistics forms and other documents required by the District Clerk's 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.

WARNING

Applies to

Pretrial forms

Issues not stated as required may be deemed waived unless the party shows good cause for failing to comply.

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.

WARNING

Applies to

Mediation certification

A party that fails to certify that mediation occurred may be sanctioned.

Failure to certify that a mediation has occurred may result in sanctions for the non-certifying party.

WARNING

Applies to

Substitution order

A substitution of counsel may be granted without a hearing if the order is signed by the defendant and both incoming and outgoing attorneys.

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.

WARNING

Applies to

Domestic relations order

The party receiving a portion of another party's retirement benefit through a domestic relations order should present the order when the divorce decree is signed, if at all possible.

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.

WARNING

Applies to

Pre trial forms

If all parties fail to deliver required pretrial forms other than inventories, the setting may be stricken unless the Court set the trial after notice of intent to dismiss for want of prosecution.

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.

WARNING

Applies to

Wage assignment order

The party receiving support through a wage assignment should present the wage assignment order to the Judge when the divorce decree or modifying order is signed, if at all possible.

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.

WARNING

Applies to

Attorney appointment application

An attorney must submit the approved application to be included on the list of attorneys available for appointment.

To be on the list the Attorney must submit the approved application.

INFO

Applies to

Written waiver

A preferential setting before a visiting judge may be obtained with a written waiver of objection or after four prior trial settings at which the case was not reached.

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.