Caldwell County District Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Defense counsel unable to attend a scheduled hearing or trial for good cause must notify court personnel in writing within five days after receiving the setting notice, and the case may not be reset beyond the applicable statutory or administrative time limits.
- For good cause, an opposing party unable to proceed must file and serve a written objection within five days of notice, or at least one day before a hearing requested on less than five days’ notice, and provide the specified reasons and two alternate available dates; the objection may be waived for noncompliance or failure to appear.
Communication
Document Format Requirements2 rules
Proposed judgments and orders must include a Presiding Judge signature line on the final page, not on a page by itself, with substantive text preceding it on that page.
All proposed judgments or orders shall provide a signature line for the Presiding Judge to sign. The signature line shall not be placed on a page by itself. It must be placed on the final page with a substantive portion of the judgment or order preceding it on the signature page.
On pretrial motions, attach by separate page on all motions, an Order with the proper cause number and style of case.
Document Filing Requirements21 rules
If the Petitioner omits the order when filing the petition, the Clerk must attach it to the petition and every copy presented.
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.
DocumentPetition
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
DocumentPetition
Proof of completion of the program must be filed with the Clerk.
DocumentFamily Stabilization Program Completion Proof
Motions and requests for relief set for hearing must include a Certificate of Conference confirming reasonable efforts to resolve the dispute, using language substantially like one of the stated alternatives.
All motions or requests for relief set for hearing must contain a Certificate of Conference by the filing party that a reasonable effort has been made to resolve the dispute without the necessity of court intervention and the effort failed. The Certificate of Conference should be in substantial compliance with the following language: "The undersigned has conferred with all parties who may be affected by the relief sought in this motion in a good faith effort to resolve or narrow the issues raised herein and agreements could not be reached" or "The undersigned has made reasonable efforts to confer with all parties who may be affected by the relief sought in this motion but has been unable to do so."
DocumentMotion Or Request For Relief
All hearings and final trials must be set by way of a written Motion to Set by the requesting party unless otherwise ordered by the Court. The Motion to Set must include an estimated length of the entire hearing or trial. The hearing or final trial shall not be set unless Rule 1(a) has been complied with.
DocumentMotion To Set
j. No matter will be set unless the Motion to Set or Notice of Setting has been signed by the Court Administrator/Coordinator or as directed by the specific court.
DocumentMotion To Set Or Notice Of Setting
For all civil matters, including family law matters, prior to the first hearing or within thirty (30) days after the last answer is filed, whichever is first, the parties shall submit to the Court a proposed docket control order.
DocumentProposed Docket Control Order
Unless good cause is shown otherwise, a certificate of completion of a Co-Parenting Seminar must be on file for each parent prior to the parties obtaining a Final Decree of Divorce or Final SAPCR Order or Modification Order.
DocumentCo Parenting Seminar Completion Certificate
c. Copies of these financial forms shall be available for the Court for any contested hearing involving child support or spousal support.
DocumentFinancial Forms
All Original Divorce or Suits Affecting Parent-Child Relationship Petitions shall have attached a copy of the “Standing Order Regarding Children, Property and Conduct of Parties” (“Standing Order”).
DocumentPetition
Every judgment or order to be signed by a Judge shall be approved as to form by all attorneys before it is presented to the Judge.
DocumentJudgment Or Order
An objection to a proposed judgment must state the reasons and proposed new language and be provided to all parties; failure to provide written objections and alternative language may be deemed a waiver.
Any party objecting to a proposed judgment shall do so within five (5) business days of the filing of the proposed judgment and shall provide to all parties the reasons for the objection and any proposed new language. Failure to provide written objections and proposed alternative language may be deemed a waiver of objection to the proposed judgment or order.
DocumentObjection
On pretrial motions, attach by separate page on all motions, an Order with the proper cause number and style of case.
DocumentPretrial Motion
The Prosecutor shall prepare all judgments in criminal cases. Final judgments shall be presented to the Court at time of sentencing in all cases involving criminal sentencing, unless the Judge Presiding authorizes a brief delay for good cause shown.
DocumentFinal Judgment
If the defense attorney or Self-Represented Litigant defendant requests a trial before the Court, a jury waiver must be filed with the Court. The waiver is to be signed and sworn to by defendant and approved by defense counsel and District Attorney.
DocumentJury Waiver
Except under Rules 8 and 10, a motion to withdraw or substitute may be granted without a hearing only if the motion complies with the Texas Rules of Civil Procedure and includes the specified signed written consents.
Except as provided in Rules 8 and 10 of the Texas Rules of Civil Procedure, a motion to withdraw or substitute will be granted without a hearing only if the moving attorney: Files written consents to the withdrawal/substitution signed by the client on a motion to withdraw or by withdrawing counsel and new counsel on motion to substitute, in a motion that complies with the Texas Rules of Civil Procedure.
DocumentMotion To Withdraw Or Substitute Attorney
Any written notice of deposition shall contain a certificate of conference as described in Rule 1a, above.
DocumentNotice Of Deposition
Attorneys and self-represented litigants filing pleadings must confirm either that AI was not used to generate the pleading or that they personally verified the accuracy of AI-generated information.
All attorneys and Self-Represented Litigants who file pleadings with the Court shall confirm that artificial intelligence has not been used to generate the pleading or, if artificial intelligence is utilized, that the attorneys and/or Self-Represented Litigants have personally confirmed that the information generated by artificial intelligence is accurate.
DocumentPleading
The signing of the pleading will serve as a certificate that the party and/or the Self-Represented Litigant, and all members of the attorneys' law firm, have complied with this rule.
DocumentPleading
The proposed docket control order shall be substantially in compliance with the form docket control orders provided by the Court.
DocumentProposed Docket Control Order
Parties may take any listed Court-approved co-parenting seminar or another co-parenting program approved by the Court.
The parties may take any of the following Co-Parenting Seminars which are approved by the Court: “For Kids’ Sake,” “Putting Kids First,” “Kids First,” “Co-Parenting/Divorce Class,” “The Texas Cooperative Parenting Course for Divorcing Parents,” or “Child Sharing” or any other co-parenting program approved by the Court.
DocumentCo Parenting Seminar Completion Certificate
Filing & Service rules
Electronic Filing Rules
To retain a proposed District Court hearing date, the party must e-file a compliant written Motion to Set or Notice of Setting within 48 hours, or the date will be removed and the matter will not be set.
If the party does not provide a written Motion to Set or Notice of Setting that complies with these rules to the District Court through the e-file system with the proposed date formally setting it for a hearing within the 48 hour time period, the proposed date will be removed from the District Courts' calendar and the matter will not be set.
Civil cases
Page 3
Judgments and orders must be e-filed with the Court for entry within 30 days after rendition unless the Court directs otherwise.
All judgments and orders must be efiled with the Court for entry within thirty (30) days from the date of rendition, unless otherwise directed by the Court.
Civil cases
Page 6 | Rule 13. Proposed Judgments and Orders
Filing Timing and Cure Windows
A child custody evaluation must be completed and filed at least 30 days before the final hearing.
Any child custody evaluation pursuant to §107.101, TFC shall be completed and filed with the Court at least thirty (30) days prior to the final hearing.
Civil cases
Page 5 | Rule 10. Child Custody Evaluations
Judgments and orders must be e-filed for entry within 30 days after rendition unless the Court directs otherwise.
All judgments and orders must be efiled with the Court for entry within thirty (30) days from the date of rendition, unless otherwise directed by the Court.
Civil cases
Page 6 | Rule 13. Proposed Judgments and Orders
A party objecting to a proposed judgment must object within five business days after it is filed.
Any party objecting to a proposed judgment shall do so within five (5) business days of the filing of the proposed judgment
Civil cases
Page 6 | Rule 13. Proposed Judgments and Orders
In District Court proceedings, a proposed hearing date remains available for 48 hours after it is provided.
If a proposed date has been provided by the Court Administrator/Coordinator or the Court during a hearing in a District Court proceeding, the date will remain as a potential hearing date for the party's case for 48 hours.
Civil cases
Page 3
Service and Proof of Service Rules
After a compliant objection is filed, the requesting party may reset the hearing to any available date provided by the objecting party by filing and serving a Motion to Set.
If an objection complying with these rules is filed, the party requesting the hearing shall have the right to reset the hearing on any one of the available dates provided by the objecting party by filing and serving a Motion to Set pursuant to the TRCP and these Rules.
Civil cases
Page 2 | SECTION ONE – Settings; Rule 1(h)
A party may not attend or request an emergency or ex parte hearing without first notifying the opposing attorney or self-represented litigant after service and giving them an opportunity to attend by an approved method.
Nothing in these local rules shall change any time period or notice requirements that apply to emergency hearings and/or ex parte hearings allowed by the TRCP or the Texas Family Code ("TFC.") No party shall attend or request a hearing in an emergency or ex parte without prior notice to the opposing attorney or Self-Represented Litigant ("SLR"), after service, to afford the opposing attorney/SLR the opportunity to attend the hearing either in person, by telephone or by Zoom, as approved by the Court.
Civil cases
Page 2 | SECTION ONE – Settings; Rule 1(f)
In jury cases, each party must furnish its proposed Charge of the Court to the Court and opposing counsel two business days before jury selection, unless a court order or written party agreement provides otherwise.
In all jury cases, each party shall furnish to the Court and counsel for all other parties that party's proposed Charge of the Court two (2) business days before jury selection unless otherwise provided by order of the Court or written agreement of the parties.
Civil cases
Page 3 | SECTION TWO – Jury Cases; Rule 4. Jury
The parties must exchange with opposing counsel a financial statement substantially similar in form to Form 4.2 of the Texas Family Law Practice Manual.
b. The parties shall also exchange with opposing counsel a financial statement in a form substantially similar to Form 4.2 of the Texas Family Law Practice Manual.
Civil cases
Page 4 | SECTION THREE – Domestic Relations; Rule 7. Child Support and Spousal Maintenance
At contested child-support or spousal-maintenance hearings, each party must present opposing counsel with financial statements submitted in the preceding two years to obtain credit or a loan as soon as practical, and no later than docket call on the hearing day.
a. In all contested hearings involving child support or spousal maintenance, each party shall comply with Texas Family Code Chapter 154.063 and provide any financial statement(s) submitted within the last two years for the purpose of obtaining credit or a loan and present same to opposing counsel as soon as practical but no later than docket call the day of the hearing.
Civil cases
Page 4 | SECTION THREE – Domestic Relations; Rule 7. Child Support and Spousal Maintenance
For a contested hearing involving division of the community estate, each party must provide the other party a proposed division identifying the property, debts, and their values at least 30 days before the hearing.
Prior to any contested hearing involving division of the community estate, each party shall provide to the other party a proposed division of the estate setting out and identifying the property and debts to be divided and their values at least thirty (30) days prior to the contested hearing.
Civil cases
Page 5 | Rule 11. Inventory and Appraisement/Proposed Division of Community Estate
For a contested property hearing, each party must provide the other party a sworn inventory and necessary appraisements at least 30 days before the hearing, using a substantially similar inventory form to the cited manual.
Prior to any contested hearing involving property, each party shall provide to the other party a sworn Inventory and all necessary Appraisements at least thirty (30) days prior to the contested hearing. The form of the inventory shall be substantially similar to the form in §7.1 of the Texas Family Law Practice Manual.
Civil cases
Page 5 | Rule 11. Inventory and Appraisement/Proposed Division of Community Estate
At any contested hearing, the parties must provide the Court copies of their latest proposed division of property.
The parties shall provide copies of their latest proposed division of property to the Court at any contested hearing.
Civil cases
Page 6 | Rule 11. Inventory and Appraisement/Proposed Division of Community Estate
The prevailing party or party responsible for preparing the judgment or order must furnish opposing parties a copy within 21 days from rendition or hearing.
The prevailing party or the party who is directed to or has agreed to prepare the judgment or order shall furnish all opposing parties with a copy of the proposed judgment or order within twenty-one (21) days from the date of rendition/hearing.
Civil cases
Page 6 | Rule 13. Proposed Judgments and Orders
Parties requesting a child custody evaluator must provide the evaluator a copy of the order and initial contact information for all parties and counsel.
It shall be the responsibility of the parties requesting the child custody evaluator to provide the evaluator a copy of the order and the initial contact information for all parties and counsel.
Civil cases
Page 5 | Rule 10. Child Custody Evaluations
Pre-Motion Conference Requirements
Parties must confer about discovery disputes before setting a motion for hearing.
Parties must confer on any discovery disputes prior to setting any motion for hearing.
Civil cases
Page 11 | Rule 33. Discovery — Written Discovery
A party’s failure to confer about a discovery dispute may be a basis for sanctions.
Failure to confer by either party may be a basis for sanctions.
Civil cases
Page 11 | Rule 33. Discovery — Written Discovery
Adjournment & Extension Requirements
For good cause, an opposing party unable to proceed must file and serve a written objection within five days of notice, or at least one day before a hearing requested on less than five days’ notice, and provide the specified reasons and two alternate available dates; the objection may be waived for noncompliance or failure to appear.
If for good cause the opposing party cannot proceed to a hearing or final trial on the requested date, the party shall file and serve a written objection within five (5) days of receipt of notice of the setting, unless the hearing is requested within less than five (5) days, in which event, the written objection must be filed and served at least one (1) day prior to the hearing. The objection shall include the specific reason(s) for the conflict, including but not limited to the styles and cause numbers of any cases for which a court setting, mediation, deposition, or other matter is a reason for the conflict. In addition to providing the specific reason(s) for the conflict, the party objecting shall also provide two (2) alternate available dates obtained from the Court Administrator/Coordinator, on which they are available for the hearing or final trial. Failure to comply may waive the objection. It shall be the responsibility of the objecting party to set the Objection to Setting for hearing or to file a motion for continuance on the setting. Failure to appear will waive the objection.
Civil cases
Page 2 | SECTION ONE – Settings; Rule 1(e)
Defense counsel unable to attend a scheduled hearing or trial for good cause must notify court personnel in writing within five days after receiving the setting notice, and the case may not be reset beyond the applicable statutory or administrative time limits.
If, for good cause, defense counsel cannot attend a hearing or go to trial on such date, defense counsel shall, within five (5) days of receipt of the setting notice, advise the Court Administrator or appropriate Court personnel in writing stating such reason. In no event shall the case be reset beyond the time limits set out in the Code of Criminal Procedure or the Rules of Judicial Administration.
Civil cases
Page 7 | SECTION ONE – Settings
Chambers Communication Rules
Before setting a hearing or trial, the requesting party must contact the Court Administrator/Coordinator to obtain available dates, preferably by email or another method the Coordinator specifies.
Prior to setting any hearing or trial, the party wishing to set the matter shall first contact the Court Administrator/Coordinator and secure available dates for the hearing or trial, preferably via email or other method as set by the Court Administrator/Coordinator.
Civil cases
Page 1 | SECTION ONE – Settings; Rule 1(a)
When all parties agree a setting is unnecessary, they must email the Court Administrator/Coordinator that they are passing the hearing, and the matter remains on the calendar until all necessary parties notify the Court in writing.
l. When all parties have agreed that a setting is no longer necessary, the parties shall advise the Court Administrator/Coordinator, via email, that the parties are passing the hearing. The matter will not be removed from the Court's calendar until all necessary parties have notified the Court in writing.
Civil cases
Page 3
If a hearing or trial is canceled, the attorney or self-represented litigant who requested a court-appointed interpreter must immediately notify the Court Administrator or Coordinator.
In the event a hearing or trial is canceled, the attorney or Self-Represented Litigant who requested the Court Appointed Interpreter is required to notify the Court Administrator/Coordinator immediately.
Civil cases
Page 9 | SECTION THREE – Interpreters
A party or self-represented litigant needing a licensed interpreter must notify the Court Administrator or Coordinator at least 10 days before the setting, or as soon as practicable if fewer than 10 days remain.
Any party or Self-Represented Litigant who requires a Licensed Interpreter is required to notify the Court Administrator/Coordinator not less than ten (10) days prior to the setting, or if less than 10 days, as soon as practicable.
Civil cases
Page 9 | SECTION THREE – Interpreters
An attorney scheduled in multiple counties at the same time must contact opposing counsel and each county’s coordinator before docket call with the conflict and an estimated appearance time.
It shall be the obligation of each attorney who is set in more than one county at the same time and date to contact opposing counsel and the appropriate coordinator in each county prior to docket call to notify them of their conflict and giving them a best time estimate as to when they will appear in that county on that date.
Civil cases
Page 9
Counsel who receives a hearing request during a period covered by a compliant vacation or CLE letter must immediately give the requesting party a copy, request removal from that date, and notify the appropriate court personnel.
If a counsel receives a request to attend a hearing in which they had previously filed vacation and/or CLE letters with appropriate Court personnel that complies with these rules, they shall immediately provide to the party requesting the setting a copy of the vacation and/or CLE letter along with a request to remove the matter from the requested setting date and notification to the appropriate Court personnel.
Civil cases
Page 10 | SECTION FIVE - Miscellaneous