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Court Rules

Burnet County District Court, Texas

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Adjournments

  • A continuance of an MSJ hearing will not be granted without compelling evidence of good cause presented in a sworn motion for continuance.

Request must include

Reason for Request

Communication

Phone
Scheduling
Cases:
Filters:

Document Format Requirements1 rule

FormattingImportant

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
PDF
Applies to
  • Reporters record designation
Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 30
|SectionVI. CRIMINAL CASES - INDIGENT COUNTY PAID APPEALS IN CRIMINAL CASES

Document Filing Requirements28 rules

Filing RequirementsMandatory

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
Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 9
|SectionB. SETTING THE CASE; 2. Attorney Conference
Filing RequirementsMandatory

For an opposed motion or special exception, the moving party must include one of the specified certificates at the end of the pleading.

Document
Motion

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, 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."

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 10
|SectionB. SETTING THE CASE; 5. Attempt to Confer
Filing RequirementsMandatory

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
Motion

Must include

  • Proposed order
Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 10
|SectionB. SETTING THE CASE; 5. Attempt to Confer
Filing RequirementsMandatory

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. 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.

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 11
|SectionC. ANCILLARY FAMILY LAW ORDERS — 3. Wage Assignment Order
Filing RequirementsMandatory

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.

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 11
|SectionC. ANCILLARY FAMILY LAW ORDERS — 1. Child Support
Filing RequirementsMandatory

Each party must file a sworn inventory and appraisement of the parties' separate and community property, including children's property, within sixty days after the Respondent's answer or waiver is filed.

Court's wording

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.

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 12
|SectionD. PRE-TRIAL PROCEDURES IN FAMILY LAW CASES — 1. Inventory and Appraisement
Filing RequirementsMandatory

For a divorce trial, each party must deliver a fully completed Proposed Disposition of Issues in the Exhibit A form to the opposing party and Court Coordinator before 5:00 p.m. seven days before trial.

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.

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 12
|SectionD. PRE-TRIAL PROCEDURES IN FAMILY LAW CASES — 2. Proposed Disposition of Issues
Filing RequirementsMandatory

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

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 13
|SectionII. FAMILY LAW RULES APPLICABLE TO ALL DISTRICT COURTS AND COUNTY COURT AT LAW
Filing RequirementsMandatory

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 to the Court Coordinator.

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.

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 13
|SectionII. FAMILY LAW RULES APPLICABLE TO ALL DISTRICT COURTS AND COUNTY COURT AT LAW
Filing RequirementsMandatory

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 to the Court Coordinator.

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.

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 13
|SectionII. FAMILY LAW RULES APPLICABLE TO ALL DISTRICT COURTS AND COUNTY COURT AT LAW
Filing RequirementsMandatory

For a trial to determine child or spousal support, each party must deliver a fully completed Exhibit B Proposed Support Decision and Information to the opposing party and Court Coordinator 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".

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 13
|SectionII. FAMILY LAW RULES APPLICABLE TO ALL DISTRICT COURTS AND COUNTY COURT AT LAW
Filing RequirementsMandatory

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".

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 14
|SectionII. FAMILY LAW RULES APPLICABLE TO ALL DISTRICT COURTS AND COUNTY COURT AT LAW
Filing RequirementsMandatory

When a party must deliver disputed or agreed pretrial forms, the party must also deliver a Proposed Disposition of Other Issues to each opposing party and the Court Coordinator, except for temporary-orders requirements.

Court's wording

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.

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 14
|SectionII. FAMILY LAW RULES APPLICABLE TO ALL DISTRICT COURTS AND COUNTY COURT AT LAW
Filing RequirementsMandatory

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
Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 18
|SectionIII. CIVIL CASES — B. SETTING THE CASE
Filing RequirementsMandatory

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.

Filing RequirementsMandatory

For an opposed motion or special exception, the moving party must include one of the specified certificates at the end of the pleading, and the Court Coordinator will not set a pre-trial matter for hearing without one.

Document
Motion

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

Filing RequirementsMandatory

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

Filing RequirementsMandatory

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.

Filing RequirementsMandatory

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

Filing RequirementsMandatory

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.

Filing RequirementsMandatory

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.

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 29
|SectionVI. CRIMINAL CASES - INDIGENT COUNTY PAID APPEALS IN CRIMINAL CASES
Filing RequirementsMandatory

The written designation must identify 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.

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 30
|SectionVI. CRIMINAL CASES - INDIGENT COUNTY PAID APPEALS IN CRIMINAL CASES
Filing RequirementsMandatoryCivil cases

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.

Tx Burnet District:be55056c0ecf988db2ca43c3 · May 2026 · p. 2
|SectionVI. ADEQUATE-TIME-FOR-DISCOVERY DOCKETING STATEMENT
Filing RequirementsMandatoryCivil cases

The Petitioner must attach a copy of the order to the original petition and each copy, and the Clerk must ensure it is attached if omitted when the petition is filed.

Court's wording

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

Tx Burnet District:b2424b67c905b27830ea912f · Oct 2025 · p. 5
|SectionSERVICE AND APPLICATION OF THIS ORDER
Filing RequirementsImportant

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.

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 11
|SectionC. ANCILLARY FAMILY LAW ORDERS — 5. QDRO
Filing RequirementsImportant

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.

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 11
|SectionC. ANCILLARY FAMILY LAW ORDERS — 4. Other Forms
Filing RequirementsImportant

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

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 11
|SectionC. ANCILLARY FAMILY LAW ORDERS — 2. Information
Filing RequirementsImportant

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.

Tx Burnet District:72e4bc9ebc3af0ed1a3a4e4a · Jan 2023 · p. 12
|SectionD. PRE-TRIAL PROCEDURES IN FAMILY LAW CASES — 1. Inventory and Appraisement

Filing & Service rules

Electronic Filing Rules

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 and served on all parties.

Civil cases

Page 1 | I. HEARING SETTINGS — B. Oral Argument and Definition of Hearing Date

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.

Civil cases

Page 2 | III. PROPOSED ORDERS

Pre-trial forms may not be filed with the District Clerk.

The forms shall not be filed with the District Clerk at any time.

Page 15 | 11. Use of Forms

Filing Timing and Cure Windows

When the offering party is not present in court, physical evidence that cannot be digitized must be tendered no later than two days after the remote proceeding.

Physical evidence which cannot be rendered in digital form shall be tendered to the court no later than 2 days after the remote proceeding if the party offering the evidence is not present in the court when it is offered.

Criminal cases

Page 1 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding

The inventory filing deadline is within sixty 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 — 1. Inventory and Appraisement

Each party must deliver the Proposed Disposition of Issues to the opposing party and the Court Coordinator before 5:00 p.m. seven days before a divorce trial on the merits.

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 — 2. Proposed Disposition of Issues

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

A Jane Doe application may be filed with either clerk, and the County Clerk must accept and immediately transfer an application it receives 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)

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 unless a postponement application applies; the provided text ends before that exception is complete.

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)

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

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

Pre-trials must be held at least seven days before the jury trial.

b) All pre-trials shall be held at least seven (7) days prior to jury trial.

Page 29

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

The Court will schedule an MSJ hearing 35 to 60 days after filing, at the first available date within that window.

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.

Civil cases

Page 1 | I. HEARING SETTINGS — A. Scheduling Window

A request for oral argument must be written and filed 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 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

Proposed orders must be e-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

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

Unless the Court grants leave, the movant may file and serve a reply within 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

The non-movant has 10 days after the docketing statement and no-evidence motion are filed to file a written response contesting the statement.

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.

Civil cases

Page 2 | VII. RESPONSE TO DOCKETING STATEMENT

Unless the Court grants leave, the non-movant must file and serve its response and summary-judgment evidence within 21 days after the MSJ 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.

Civil cases

Page 2 | II. NOTICE AND RESPONSE DEADLINES — A. Response

The parties may agree in writing to exchange inventories without filing or to delay filing beyond sixty days, but the Court may still require filing unless a written agreement completely settles property, custody, and support matters.

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 — 1. Inventory and Appraisement

Special exceptions are waived unless timely filed and presented to the Court at the pre-trial hearing.

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 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

If counsel does not timely provide a designation, the Official Reporter will prepare only the jury-trial portion, including voir dire, for filing with the Third Court of Appeals.

If timely designation is not forthcoming, the Official Reporter will prepare the jury trial portion of the record, including voir dire, for filing with the Third Court of Appeals and no other hearings will be included.

Page 30 | VI. CRIMINAL CASES - INDIGENT COUNTY PAID APPEALS IN CRIMINAL CASES

For docket constraints, good cause, or the movant’s agreement, an MSJ hearing may be scheduled as late as 90 days after filing, but no later.

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

For a no-evidence MSJ, adequate discovery time is presumptively satisfied after the later of nine months from the responding party’s first appearance or the close of discovery, subject to rebuttal or modification by the Court for good cause.

For purposes of Rule 166a(i), an adequate time for discovery is presumptively satisfied after the later of: 1. Nine (9) months from the date of the first appearance by the responding party; or 2. The close of the applicable discovery period. This presumption may be rebutted or modified by the Court for good cause shown.

Civil cases

Page 2 | V. NO-EVIDENCE MOTIONS — ADEQUATE TIME FOR DISCOVERY

If no timely response is filed, the Court will deem the docketing statement uncontested.

If no response is timely filed, the Court will deem the docketing statement uncontested.

Civil cases

Page 2 | VII. RESPONSE TO DOCKETING STATEMENT

The Court will sign and file its written MSJ ruling 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 petition for extraordinary relief, the opposing attorney, if known, must be notified and given 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

Each party must deliver the support decision form to the opposing party and Court Coordinator before 5:00 p.m. 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 DISTRICT COURTS AND COUNTY COURT AT LAW

Each party must deliver the temporary support form to the opposing party if known and to the Court immediately before the specified temporary-orders 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 DISTRICT COURTS AND COUNTY COURT AT LAW

When a motion to remove a case from the dismissal docket is granted, the case must be set for trial absent extraordinary circumstances, and the party or attorney setting it must notify opposing counsel under the Rules of Civil Procedure.

Where motions to remove a case from dismissal docket are granted, unless extraordinary circumstances exist, the case shall be set for trial. 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

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 | 3. Settings.

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

The defendant and defense attorney must be notified of a Status Docket setting.

Notice of such setting will be given to the Defendant and the Defense Attorney.

Page 28 | F. PRE-TRIAL AND TRIAL SETTINGS

A motion to withdraw may be heard at any time after the defendant has received notice to appear.

An Attorney's Motion to Withdraw may be heard at any time when the Defendant has had notice to appear.

Page 28 | D. WITHDRAWAL OF COUNSEL

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

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

Unless the Court grants leave, the non-movant must serve its response and summary-judgment evidence within 21 days after the MSJ 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.

Civil cases

Page 2 | II. NOTICE AND RESPONSE DEADLINES — A. Response

Unless the Court grants leave, the movant may serve a reply within 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 each filed 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 — 1. Inventory and Appraisement

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 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 a pre-trial matter is set for hearing, the moving party must communicate with opposing counsel to determine whether the 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

Before a pre-trial matter is set for hearing, the moving party must communicate with opposing counsel to determine whether the 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 be opposed.

Page 19 | 5. Attempt to Confer

A motion to withdraw or substitute counsel that will cause delay requires a hearing.

A motion to withdraw or for substitution of Counsel that will cause delay requires a hearing.

Page 28 | D. WITHDRAWAL OF COUNSEL

The attempt-to-confer rule does not apply when no opposing attorney has appeared or when the matter involves family violence, habeas corpus, attachment, contempt of court, or temporary orders.

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 20 | 5. Attempt to Confer

Adjournment & Extension Requirements

A continuance of an MSJ hearing will not be granted without compelling evidence of good cause presented in 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

Chambers Communication Rules

At the Judge’s discretion, hearings without evidence may be conducted by telephone if arrangements are made in advance for the Judge to be 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 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.

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

Common questions about Burnet County District Court, Texas rules

Does Burnet County District Court, Texas require a pre-motion conference or letter before filing a motion?

Before a pre-trial matter is set for hearing, the moving party must communicate with opposing counsel to determine whether the motion or special exception will be opposed.

View ruleSource: page 10, section B. SETTING THE CASE; 5. Attempt to Confer

What formatting rules apply to filings in Burnet County District Court, Texas?

Burnet County District Court, Texas' formatting rule includes file format PDF and the designation must specify if a hard paper copy is needed; otherwise, records will be delivered electronically via email or cd.. The designation must state whether a hard paper copy is needed; otherwise, the records will be delivered electronically in PDF format by email or CD.

View ruleSource: page 30, section VI. CRIMINAL CASES - INDIGENT COUNTY PAID APPEALS IN CRIMINAL CASES

What must be included with notice of setting filings in Burnet County District Court, Texas?

The rule requires certificate of conference. If counsel do not agree on a trial setting, the attorney who sets the case must immediately notify opposing counsel and include a detailed written certificate of conference on the notice of setting.

View ruleSource: page 9, section B. SETTING THE CASE; 2. Attorney Conference

What must be included with motion filings in Burnet County District Court, Texas?

The rule requires 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.

View ruleSource: page 10, section B. SETTING THE CASE; 5. Attempt to Confer

How may parties contact Burnet County District Court, Texas?

At the Judge’s discretion, hearings without evidence may be conducted by telephone if arrangements are made in advance for the Judge to be available.

View ruleSource: page 7, section D. HEARINGS CONDUCTED BY PHONE

How do I request an adjournment or extension in Burnet County District Court, Texas?

The request must include reason for request. A continuance of an MSJ hearing will not be granted without compelling evidence of good cause presented in a sworn motion for continuance.

View ruleSource: page 3, section IX. CONTINUANCES

Are filing fees or waivers addressed in Burnet County District Court, Texas?

A fee is required for covered filings. A jury trial will not be set until the jury fee is paid and mediation has occurred.

View ruleSource: page 9, section B. SETTING THE CASE; 1. Court Coordinator/Administrator

Is electronic filing required in Burnet County District Court, Texas?

Yes. Electronic filing is required for the covered filings. An oral-argument request must be e-filed.

View ruleSource: page 1, section I. HEARING SETTINGS — B. Oral Argument and Definition of Hearing Date

What filing deadlines does Burnet County District Court, Texas set?

When the offering party is not present in court, physical evidence that cannot be digitized must be tendered no later than two days after the remote proceeding.

View ruleSource: page 1, section III. Procedures for Detention Hearings Conducted as a Remote Proceeding

What service or proof of service rules apply in Burnet County District Court, Texas?

Before presenting a TRO or petition for extraordinary relief, the opposing attorney, if known, must be notified and given an opportunity to appear.

View ruleSource: page 7, section C. TRO'S, WRITS OF ATTACHMENT, WRITS OF GARNISHMENT, WRITS OF SEQUESTRATION
Complete rules summary for Burnet County District Court, Texas

When the offering party is not present in court, physical evidence that cannot be digitized must be tendered no later than two days after the remote proceeding.

Before presenting a TRO or petition for extraordinary relief, the opposing attorney, if known, must be notified and given an opportunity to appear.

At the Judge’s discretion, hearings without evidence may be conducted by telephone if arrangements are made in advance for the Judge to be available.

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.

A jury trial will not be set until the jury fee is paid and mediation has occurred.

If counsel do not agree on a trial setting, the attorney who sets the case must immediately notify opposing counsel and include a detailed written certificate of conference on the notice of setting.

Before a pre-trial matter is set for hearing, the moving party must communicate with opposing counsel to determine whether the motion or special exception will be opposed.

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.

For an opposed motion or special exception, the moving party must include one of the specified certificates at the end of the pleading.

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

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

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. 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.

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

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

Each party must file a sworn inventory and appraisement of the parties' separate and community property, including children's property, within sixty days after the Respondent's answer or waiver is filed.

The inventory filing deadline is within sixty days after the Respondent's answer or waiver is filed.

A copy of each filed inventory and appraisement must be furnished to the Judge, opposing Counsel, and pro se parties.

Inventories and appraisements need not be filed if a written agreement completely settles the parties' property, custody, and support matters.

The parties may agree in writing to exchange inventories without filing or to delay filing beyond sixty days, but the Court may still require filing unless a written agreement completely settles property, custody, and support matters.

For a divorce trial, each party must deliver a fully completed Proposed Disposition of Issues in the Exhibit A form to the opposing party and Court Coordinator before 5:00 p.m. seven days before trial.

Each party must deliver the Proposed Disposition of Issues to the opposing party and the Court Coordinator before 5:00 p.m. seven days before a divorce trial on the merits.

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 to the Court Coordinator.

For a trial to determine child or spousal support, each party must deliver a fully completed Exhibit B Proposed Support Decision and Information to the opposing party and Court Coordinator before 5:00 p.m. seven days before trial.

Each party must deliver the support decision form to the opposing party and Court Coordinator before 5:00 p.m. seven days before the support trial.

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 to the Court Coordinator.

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

Immediately before a temporary-orders hearing involving child or spousal support, each party must deliver a fully completed Exhibit B support decision form to the opposing party if known and to the Court.

Each party must deliver the temporary support form to the opposing party if known and to the Court immediately before the specified temporary-orders hearing.

When a party must deliver disputed or agreed pretrial forms, the party must also deliver a Proposed Disposition of Other Issues to each opposing party and the Court Coordinator, except for temporary-orders requirements.

Pre-trial forms may not be filed with the District Clerk.

More Judges in Burnet County District Court, Texas

J. Allan Garrett
Judge