Burnet County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Notice of setting

Must include

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.

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

Motion

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

Motion

Must include

certificate of conference

For an opposed motion or special exception, the moving party must include one of the specified 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 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."

CRITICAL

Applies to

Child support 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

Wage assignment order

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 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.

CRITICAL

Applies to

Inventory and appraisement

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.

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

Applies to

Proposed disposition of issues

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.

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

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 to the Court Coordinator.

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

Proposed support decision and information

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.

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 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 to the Court Coordinator.

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

Certificate

Counsel must certify to the Court seven days before trial that mediation 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

Applies to

Proposed support decision and information

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.

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 disposition of other issues

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.

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

Notice of setting

Must include

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 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

Proposed order

Must include

proposed order

For an unopposed motion or special exception, the moving party must submit a proposed order signed by counsel for all parties affected, indicating their 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

Motion

Must include

certificate of conference

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.

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.

CRITICAL

Applies to

Designation of lead attorney

When 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

Written notice of retained counsel

Upon employment, defense counsel must give written notice to the District Attorney, District Clerk, and the Court Coordinator in 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.

CRITICAL

Applies to

Designation of lead attorney

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.

CRITICAL

Applies to

Order substituting counsel

A motion to substitute 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.

CRITICAL

Applies to

Post conviction filings

For an indigent defendant or one seeking appointed counsel after conviction, trial counsel must file a Motion for New Trial and Notice of Appeal before withdrawing.

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.

CRITICAL

Applies to

Written designation

The written designation must identify 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.

CRITICALCivil cases

Applies to

No evidence motion

Every no-evidence MSJ must include a separate docketing statement affirming that a presumptive discovery threshold has been met or stating 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.

CRITICALCivil cases

Applies to

Petition

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.

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.

WARNING

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.

WARNING

Applies to

Divorce decree

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 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

Domestic relations order

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.

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

Inventory and appraisement

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

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.