Calhoun County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Other counsel engagements generally do not justify postponing a preferentially set case; postponement requires good cause on motion and notice filed more than ten days before trial.
- Continued dismissal cases must be reset for the next available trial date, and any continuance must include a subsequent trial setting.
- A request to pass, postpone, or reset a jury trial requires notice to counsel for all parties, certification that the client was notified of the motion, and the correct name and address of each client represented by the movant.
- When a Motion for Continuance is made on the basis that counsel already has a trial setting in another court, such motion should state the number and style of the case and the Court in which the attorney is scheduled and should state the length of time required for hearing or trial.
- +5 more
Request must include
Communication
Phone
Clerk
Document Format Requirements2 rules
All pleadings and decrees MUST be printed on 8'/2 X 11 inch paper.
- Paper size
- Letter
- Pleading
- Decree
ALL pleadings and Court orders MUST appear neat, clean, with no smudges or strike-overs.
Document Filing Requirements35 rules
CHILD SUPPORT CANNOT BE WAIVED without approval of the Court which will rarely be given.
Obtain the Bureau of Vital Statistics form from the District Clerk's office and have it completely filled out before you come to court for your divorce.
A certified copy of the court order MUST be presented to the Court.
If your divorce involves motor vehicles, you MUST describe the vehicle by manufacturer, model year, and vehicle I.D. number.
If a child is not the child of the spouse but was born during the marriage, the child MUST be listed in the decree and paternity MUST be established by a prior court order.
Provision for custody of the children and with whom they will live.
ALL fill in the blank pleadings and decrees MUST be FULLY filled in. NO BLANKS.
If there is a prior court order which governs possession and access to a child or child support, a certified copy of that order MUST be presented to the Court.
If anything contained in the forms you are using do not apply to you and your spouse, DO NOT include them in your petition or your decree.
A schedule of visitation (possession order).
If the divorce/decree involves real estate, you MUST include the proper legal description of the real estate and information concerning the bank or lien holder.
ALL Decrees of Divorce MUST be submitted to the Judge hearing the NexpolDISEarikop m the docket on the final hearing date.
Provision for child support in accordance with the guidelines in the Texas Family Code.
Provision for the children to be covered by health insurance, and must identify the parent who is ordered to provide and pay for health insurance.
A request for a De Novo Hearing Before the Referring Court must be in writing and must specify the issues that will be presented to the referring court. Tex. Fam. Code §201.015(a) & 201.015 (b).
Setting notices on motions for summary judgment (or orders setting hearing on same we should interlineate) are to include the following: "Counsel is advised that argument on the motion is limited to 15 minutes per side"
If the parties do not agree on a setting, the request must certify that the requesting attorney discussed the date with each party’s counsel and, after a good-faith effort, the attorneys could not agree.
Court's wording
In the event the requested settingis,not agreed upon by all ;parties, the requestfor setting Shall. certify that the-ono-ivy :for the requesting partyhas disciiSted the requested-setting date, sy.ith corinscl for each. party and, after good faith effort to reach agreement, the attorneys have been unable to mutually agree upon a setting date,
The shall certify that the requesting party's attorney ha:ebnferred*ith counsel for-all parties and :the heating date requested is agreed.upon by all counsel.
The requ:esfshall certify' that the requesting party's attorney has conferred with counsel for all parties and the trial date requested is agreed upon by :all counsel.
In the event the requested setting is not agreed upon by all parties, the request for setting :Shall certify that the attorney for the requesting party has discussed the requested setting date with counsel for each party and, after-good faith effort to reach agreement, the attorneys have been unable to mutually agree upon a trial date.
All applications for ex parte relief shall state whether or not within the knowledge of the applicant and his attorney the opposing party is represented by counsel and if so the names of such counsel.
(b) In all cases requiring a division of property and/or liabilities, the husband and wife shall each file with the Court or upon written mutual agreement exchange between themselves, sworn inventories.
If counsel for either party is requesting a setting for trial, the request shall be in writing and directed to the District Clerk, with a copy to opposing counsel and any pro se parties.
(c). A Financial Information Sheet showing the income and expenses of each party shall be furnished to the Court and opposing counsel not later than the commencement of hearing or trial in which the payment of support or property rights will be an issue.
(d) Each attorney shall submit a. proposed property division, including property claimed or recognized as separate property, to the Court and opposing counsel.
Each inventory must state property values, specified details about liabilities, and identify any property or liability claimed as separate.
Court's wording
Each inventory shall list the value of each item of property and shall list each liability, the number of periodic payments in arrears, if any, the property securing its payments, and the name of the creditor. Any property or liability claimed to be separate shall be so characterized.
The name and address of the obligor's employer must accompany any order for withholding from income for child support.
At the conclusion of any trial on family law cases, the appropriate BVS forms and information on. child (suit affecting parent-child relationship forms) shall be filled out and a decree prepared and presented to the Court forthwith. Where practical a decree should be presented at hearing; if not, the same should be presented within 10 days of final hearing.
A monetary claim represented by;an instrument in writing or on open account supported by documentary evidence shall be presented without necessity of hearing, provided that affidavits with respect to attorney fees or other supporting documents are presented to the Court at the time of request for judgment.
In criminal cases, attorneys must give the Judge’s office and Clerk written notice of their employment before a hearing, pretrial hearing, arraignment, or trial; failure may result in appointment of counsel and may limit substitution of retained counsel.
Court's wording
Attorneys are required to notify the office of the. Judge and of the Clerk that they are employed in the'case in writing. If such retainer notice is not given to the Clerk prior to the dates of hearing, pre-trial hearing, arraignment or trial, the Court may make an appointment from among the attorneys available to the Court for appointment and the client may be required to pay for such services and substitution of retained counsel who failed to notify the Court of retention may only be permitted by leave of the Court.
In criminal cases, an attorney of record may withdraw only with leave of Court after a written motion and, if the Court requires, a hearing.
Court's wording
In criminal cases, an attorney who has entered an appearance and became counsel of record by being retained by the defendant or his family, by signing a bail bond, or by appointment of the Court, may not withdraw as counsel of record except upon leave of Court after a motion in writing and, if required by the Court, a hearing thereon.
Any objections to the judgment must include .a form of order setting:a hearing on objection.
Parties in covered SAPCR cases must complete the specified course and file evidence of completion before the final hearing.
Court's wording
shall attend and successfully complete a "Parent Education and Stabilization Course" that meets the requirements of §105.009 of the Texas Family Code and file evidence of completion prior to the final hearing date
Attorneys and self-represented litigants using AI for legal research, drafting, or analysis must sign and submit the attached certification before using AI-generated information in a court submission or proceeding, confirming human verification and responsibility for compliance.
- Document
- Certification
Must include
- •AI disclosure
Court's wording
All self-represented litigants and attorneys who utilize any form of artificial intelligence for legal research, drafting, or analysis in connection with a case before this Court shall, before using any AI-generated information in a court submission or proceeding, sign and submit the attached certification form, stating that: 1. All language, quotations, sources, citations, arguments, and legal analysis created or contributed to by generative artificial intelligence were, before submission, verified as accurate through traditional (non-AI) legal sources by a human being; and 2. The self-represented litigant or attorney submitting such information understands and acknowledges that they are and will be held responsible and potentially sanctioned for their own, their staff's, or their co-counsel's failure to comply with this Order.
The AI-use certification states that the signer will comply with the Standing Order, independently verify AI-contributed information before submission, and remains responsible for filings and subject to possible sanctions.
- Document
- AI certification
Include
- •AI disclosure
Court's wording
1. I have reviewed and understand the Standing Order Regarding use of Artificial Intelligence issued by the District Courts of Calhoun, DeWitt, Goliad, Jackson, Refugio and Victoria Counties and I will comply with that Order throughout this case. 2. Any information created or contributed to by generative artificial intelligence – including, but not limited to, language, quotations, sources, citations, arguments, and legal analysis – was, before submission to this court, independently verified as accurate using traditional (non-AI) legal sources by a human being. 3. I understand that I remain personally responsible for all filings and submissions to this Court, and that I may be subject to sanctions under the Texas Disciplinary rules of Professional Conduct, the Texas Rules of Civil Procedure, the Texas Civil Practice and Remedies Code Chapter 10, the inherent power of the Court, or for contempt of court, for failing to comply with the Court's Standing Order on this certification.
Filing & Service rules
Filing Timing and Cure Windows
A written request for a de novo hearing must be filed with the referring Court Clerk by the third working day after notice of the report or, for a temporary order, after its rendering.
Any party may request a De Novo Hearing Before the Referring Court, regarding the Associate Judge's decision or ruling, by filing with the Clerk of the referring Court a written request not later than the third (3rd) working day after the date the party receives notice of the substance of the Associate Judge's report as provided by Tex. Fam. Code §201.011 or the rendering of a temporary order, if the request concerns a temporary order rendered by an associate judge under section 201.007 (a)(14) (c). Tex. Fam. Code §201.015 (a).
Civil cases · Court notice
Page 1 | NOTICE TO ALL LITIGANTS WHO PARTICIPATE IN TITLE IV-D COURT MATTERS
When an attorney settles or dismisses a case set for trial, the attorney must notify the District Clerk as soon as possible and submit a written dismissal or judgment forthwith.
When an attorney settles or dismisses a case which is set for trial, he shall give notice to the. District Clerk of the Court where pending as soon as possible and submit a written dismissal or judgment forthwith.
Page 17 | Rule 3.23. Settlements
The Judge must be notified immediately if the trial setting is preferential.
If the setting is preferential, the Judge shall be immediately notified.
Page 17 | Rule 3.23. Settlements
Prepare and submit anticipated jury charges and all motions in limine at the pretrial hearing or at least seven days before trial, whichever is later.
A jury charge, with special questions and instructions that may be reasonably anticipated and all Motions in Lirnine should be prepared and submitted to the Court at pre-trial hearing, or at least. seven (7) days in advance of trial, whichever is later.
Page 21 | Rule 3.27. Jury Charges and Motion in Limine.
The Court may refuse to hear covered property or support matters if the required information is not filed or furnished at least seven days before trial on the merits or at least 24 hours before an interim or temporary-orders hearing.
The Court may refuse to hear any matter requiring a division of property or adjudication of spousal or child support if the appropriate information required in sub-paragraphs b, c and d have not been filed or furnished at least 7 days prior to a trial on the merits and at least 24 hours prior to a hearing on interim or temporary orders.
Page 22 | Rule 4.10. Family Law Cases.
All judgments and/or orders in uncontested matters (excluding cases which are settled on the day of trial) must be presented at the time of hearing on such uncontested matters.
All judgments and/or orders in uncontested matters (excluding cases which are settled on the day of trial) must be presented at the time of hearing on such uncontested matters.
Page 36 | Rule 13.10
Unless good cause is shown, orders and judgments must be submitted for entry within seven days after the hearing or decision.
Except for good cause shown, all orders and judgments must be submitted to the Court for entry within seven (7) days from the date of the hearing or decision by the: Court.
Page 36 | Rule 13.10
The Court rules on motions in limine after jury-panel qualification and before voir dire, unless it ruled on them at the pretrial hearing.
The Court will rule on the Motions in Limine after the jury panel is qualified and before the voir dire unless already ruled on at pre-trial.
Page 21 | Rule 3.27. Jury Charges and Motion in Limine.
A final judgment not approved by all appearing counsel or opposing parties is held in chambers for five to ten days and may be signed without a hearing if no objection is filed.
All final judgments which are not approved by all counsel or opposing parties who appeared before the Court shall be forwarded to the Court, a .copy shall be mailed to all opposing counsel or unrepresented parties by the party preparing the judgment; said judgment shall be; held in the. Judge's chambers for five (5) to ten (10) days, and if no objection to the Judgment is filed, it will then be signed by the Court without a hearing on entry of judgment.
Page 36 | Rule 13.10
Service and Proof of Service Rules
Notice of a de novo hearing request must be given to the referring Court Clerk and all other attorneys and parties.
Notice of a request for a De Novo Hearing Before the Referring Court shall be given to the Clerk of the Referring Court and to all other attorneys and parties. Tex. Fam. Code §201.015(d).
Civil cases · Court notice
Page 1 | NOTICE TO ALL LITIGANTS WHO PARTICIPATE IN TITLE IV-D COURT MATTERS
A copy of the setting request must be delivered to counsel for all parties at the same time and in the same manner as it is submitted to the Court Coordinator.
A copy of the repeat mustbe contemporaneously delivered to counsel for all parties in. thecase in the same manner as the request is,tildered to the Court Coordinator
Page 1 | Rule 1.14 Request for Settings — Motions, Hearings and Non-Jury Cases
A copy of the jury-trial setting request must be delivered to counsel for all parties at the same time and in the same manner as it is submitted to the Court Coordinator.
A copy offhe request must be contemporaneously delivered to counsel for all partitei in the case In the same manner as the request is tendered to the Court Coordinator.
Page 2 | Rule 1.15 Request for Settings — Jury Cases
Notices and conferences under this rule must be directed to and conducted directly with each self-represented litigant.
Notices,and cOnferences contemplated by this rule shall be directed to and conducted directly with each self represented litigant
Page 3
Notice of a non-jury trial-setting motion or request must be mailed to all other counsel.
Notice of such Motion or request shall be mailed to all other counsel in the case.
Page 7 | Rule 1 14 Request for Settings - Non-jury Cases
The Clerk must send notice of the intent to dismiss and the dismissal hearing’s date and place to attorneys of record and unrepresented parties whose address appears in the case records.
notice of the Courts' intention to dismiss and the date and place of the dismissal hearing shall be sent by the Clerk to each attorney of record and to each party not represented by an attorney of record and whose address is shown on the docket or in the papers on file, as provided in Rule 165a of the Texas Rules of Civil Procedure
Page 10 | Rule 1.20 Dismissals and Dismissal Docket.
A copy of a counsel-requested trial-setting request must be provided to opposing counsel and any self-represented parties.
If counsel for either party is requesting a setting for trial, the request shall be in writing and directed to the District Clerk, with a copy to opposing counsel and any pro se parties.
Page 21 | Rule 4.10. Family Law Cases.
A final judgment not approved by all appearing counsel or opposing parties must be sent to the Court, with a copy mailed to opposing counsel or unrepresented parties, and held in chambers for five to ten days before it may be signed without a hearing if no objection is filed.
All final judgments which are not approved by all counsel or opposing parties who appeared before the Court shall be forwarded to the Court, a .copy shall be mailed to all opposing counsel or unrepresented parties by the party preparing the judgment; said judgment shall be; held in the. Judge's chambers for five (5) to ten (10) days, and if no objection to the Judgment is filed, it will then be signed by the Court without a hearing on entry of judgment.
Page 36 | Rule 13.10
At filing, the District Clerk must provide a copy of the order to a pro se petitioner or movant.
District Clerk to pro se petitioner/movant at time of filing
Page 1 | IT IS ORDERED that a copy of this order shall be provided as follows
The District Clerk must attach a copy of the order to the citation served on each person.
District Clerk to each person served by citation by attaching to citation.
Page 1 | IT IS ORDERED that a copy of this order shall be provided as follows
The petitioner's or movant's attorney must provide a copy of the order to the petitioner or movant.
Petitioner's/Movant's attorney to petitioner/movant
Page 1 | IT IS ORDERED that a copy of this order shall be provided as follows
The respondent's attorney must provide a copy of the order to the respondent.
Respondent's attorney to respondent
Page 1 | IT IS ORDERED that a copy of this order shall be provided as follows
Orders must be submitted promptly to the Court, with copies delivered to opposing counsel before or at the time of submission.
12. I will promptly submit orders to the Court. deliver copies to: opposing counsel before or contemporaneously with submission-to the, court.
Page 40 | III. LAWYER TO LAWYER
Sealing & Redaction Procedures
Public access to pleadings, orders, and documents in covered DFPS suits is restricted, with access limited to specified participants unless the Court permits access for good cause shown.
IT IS THEREFORE ORDERED that public access to pleadings, orders, and documents filed in a suit brought by DFPS pursuant to Chapters 261, 262, and 264 of the Texas Family Code are to be restricted and shall be maintained by the District Clerk of Calhoun, DeWitt, Goliad, Jackson, Refugio, Victoria Counties as such. The Clerk of the Court shall not allow public access to these pleadings, orders, and documents other than to DFPS, the parties, their attorneys, the attorney ad litem and the guardian ad litem unless specifically permitted and ordered by this Court, for good cause shown.
Civil cases
Page 1 | Order
Adjournment & Extension Requirements
Other counsel engagements generally do not justify postponing a preferentially set case; postponement requires good cause on motion and notice filed more than ten days before trial.
After a case has been preferentially set, other engagements of counsel shall not be grounds for postponement of a case specially set, unless good cause is shown .on motion and notice filed more than ten days before the date set for trial.
Page 8 | Rule 1.16. Request for Preferential Setting
Continued dismissal cases must be reset for the next available trial date, and any continuance must include a subsequent trial setting.
Dismissal cases that have been continued shall be reset by the Judge for the next trial date available, and no case shall be continued without a subsequent trial setting being made.
Page 9 | Rule 1.19. Resetting Cases.
A request to pass, postpone, or reset a jury trial requires notice to counsel for all parties, certification that the client was notified of the motion, and the correct name and address of each client represented by the movant.
No requests to pass, postpone or reset any jury trial shall be granted unless counsel for all parties have been notified and the Movant certifies that the client has been notified of the filing of the motion. The motion shall also contain the correct name and address of each client represented by the IVIovant.
Page 13
An application to continue or postpone trial or a pretrial hearing because counsel has another court setting must state when that other setting was made.
All applications for continuance or postponement of trial or pre-trial hearing because counsel has another setting in a different court must show the date the setting was made in the other court.
Page 30 | Rule 10.11. Appearance of Counsel, etc.
The trial will not be continued unless the Court enters a written order.
at 9:00 a.m. and will not be continued from that trial except by written order of the Court.
Page 38 | PRE-TRIAL ORDER IN CASE SUBJECT TO DISMISSAL
A tentative schedule in another court is not grounds for granting a continuance.
Tentative schedules in some other Court will not be grounds for granting a continuance.
Page 18 | Rule 3.24. Conflicting Engagements of Counsel
When a Motion for Continuance is made on the basis that counsel already has a trial setting in another court, such motion should state the number and style of the case and the Court in which the attorney is scheduled and should state the length of time required for hearing or trial.
When a Motion for Continuance is made on the basis that counsel already has a trial setting in another court, such motion should state the number and style of the case and the Court in which the attorney is scheduled and should state the length of time required for hearing or trial.
Page 18 | Rule 3.24. Conflicting Engagements of Counsel
Counsel's engagement in another case may support no more than one motion for continuance.
The fact that such Lead Counsel or Counsel is engaged in matters pertaining to any other case shall be grounds for no more than one motion for continuance.
Page 30 | Rule 10.11. Appearance of Counsel, etc.
Failure to identify lead counsel on pleadings is not grounds to continue or pass the case because counsel is unavailable.
Should Counsel fail or refuse to indicate who such counsel is on the pleadings, then it shall not be grounds for continuance or the passing of the case that such Counsel is sick or out of the city or otherwise engaged.
Page 30 | Rule 10.11. Appearance of Counsel, etc.
Chambers Communication Rules
Obtain court settings by calling the Calhoun County District Clerk’s office at 361-553-4630.
All Court settings shall be obtained by calling the Calhoun County District Clerk's office at 361-553-4630.
Page 2 | INSTRUCTIONS TO PRO SE LITIGANTS IN DIVORCE CASES
Attorneys must notify the Court of any change in the status of a case suspended on the suspense docket.
The attorneys shall be responsible for notifying the Court of any change in the status of such case in order that it may be expeditiously heard or dismissed.
Page 10 | Rule 1.21. Suspense. Docket.