Burnet County Court at Law Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCivil cases

Late filings will not be considered unless the Court grants leave.

C. Late Filings. Late filings will not be considered absent leave of Court.

CRITICALCivil 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

CRITICAL

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.

CRITICAL

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".

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

1 business days

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

CRITICAL

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.

CRITICAL

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".

WARNING

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.

WARNINGCivil cases

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.

WARNING

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.

WARNINGCivil cases

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.