Cameron County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Notice of discovery

Notices of Discovery must not be filed.

Notices of Discovery shall not be filed.

CRITICAL

Applies to

Motion to recuse

A motion to recuse must be in writing to be considered; an oral motion is not recognized and is automatically denied.

An oral motion to recuse is not recognized by the Court and is automatically denied. A motion to recuse must be in writing in order to be considered by the Court.

CRITICAL

Applies to

Jury charge

At announcements, counsel must submit proposed jury-charge questions and instructions to the court.

At the time of announcements, counsel shall submit to the court proposed questions and instructions for the jury charge.

CRITICAL

Applies to

Ex parte application

When presenting an ex parte application, counsel must certify in writing either that the opposing party is unrepresented or, if represented, that counsel was notified and does not wish to be heard or that diligent notice attempts failed and circumstances prevent further attempts.

Counsel presenting any application for an ex parte order shall at the time the application is presented certify in writing to the court that: (1) to the best of his knowledge the party against whom the relief is sought is not represented by counsel in the matter made the basis of the suit in which the relief is sought; or (2) if such party is so represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the court thereon; or (ii) that counsel presenting the application has diligently attempted to notify such counsel and has been unable to do so and the circumstances do not permit additional efforts to give notice.

CRITICAL

An attorney of record may withdraw only by presenting a motion satisfying Tex.RXiv.P. 10, obtaining a ruling and signed order, and complying with the rule’s notice requirements for the former client.

No attorney of record shall be permitted to withdraw from any case without presenting a Motion pursuant to Tex.RXiv.P. 10, including all requirements of same, obtaining a ruling and a signed Order granting withdrawal, and complying with the notice requirements for the former client under said Rule.

CRITICAL

Applies to

Ex parte application

Counsel presenting any application for an ex parte order shall at the time the application is presented further certify in writing that to the best of his or her knowledge, the case is which the application is presented is not subject to transfer under

Counsel presenting any application for an ex parte order shall at the time the application is presented further certify in writing that to the best of his or her knowledge, the case is which the application is presented is not subject to transfer under

CRITICAL

Applies to

Ex parte application

Counsel presenting an ex parte application must provide a written certification at presentation addressing whether the opposing party is represented and, if so, counsel’s notice or unsuccessful diligent efforts to provide notice.

Counsel presenting any application for an ex parte order shall at the time the application is presented certify in writing to the Court that: (1) to the best of his knowledge the party against whom the relief is sought is not represented by counsel in the matter made the basis of the suit in which the relief is sought; or (2) if such party is so represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) that counsel presenting the application has diligently attempted to notify such counsel and has been unable to do so and the circumstances do not permit additional efforts to give notice.

CRITICAL

Applies to

Ex parte application

Counsel presenting any application for an ex parte order shall at the time the application is presented further certify in writing that to the best of his or her knowledge, the case is which the application is presented is not subject to transfer-under Rules 1.1 (f) . Or, if the case is subject to such a transfer, counsel shall fully advise the court of the circumstances, particularly as to whether there has been any previous

Counsel presenting any application for an ex parte order shall at the time the application is presented further certify in writing that to the best of his or her knowledge, the case is which the application is presented is not subject to transfer-under Rules 1.1 (f) . Or, if the case is subject to such a transfer, counsel shall fully advise the court of the circumstances, particularly as to whether there has been any previous

CRITICAL

Applies to

Exclusive possession request

A request for exclusive possession of a residence may be made only after notice and hearing, except as otherwise specifically provided by the Texas Family Code.

Any and all requests that one party be awarded exclusive possession of a residence shall be made only after notice and hearing except as otherwise specifically provided by the Texas Family Code.

CRITICAL

Applies to

Protective order

Counsel seeking a protective order must have a bona fide belief that family violence occurred, must not use the request to obtain possession without that belief, and must submit an affidavit stating the belief.

Counsel seeking Protective Orders in family law matters must have a bona fide belief that any alleged family violence has in fact occurred and must not use a request for a Protective Order as means to obtain possession of a residence or of children absent that bona fide belief. An affidavit stating the bona fide belief is mandatory.

CRITICAL

Applies to

File withdrawal order

Court files or papers may be removed from the clerk's custody only by a judge's order granted for good cause, and the order must state when the materials are to be returned.

(a) No file, pleadings or paper belonging to the files of the Court shall be taken from the office or custody or the Clerk except on order of the Judge of that Court. No order for such withdrawal shall be granted except for good cause shown. The order shall state the time within which the same shall be returned to the Clerk.

CRITICAL

An attorney of record may withdraw only after presenting a Rule 10 motion, obtaining a ruling and signed withdrawal order, and complying with the rule's notice requirements for the former client.

No attorney of record shall be permitted to withdraw from any case without presenting a Motion pursuant to Tex.R.Civ.P. 10, including all requirements of same, obtaining a ruling and a signed Order granting withdrawal, and complying with the notice requirements for the former client under said Rule.

CRITICAL

Applies to

Proposed order decision judgment

Must include

proposed order

Counsel must submit proposed orders, decisions, and judgments for approval and signature, unless the Court directs otherwise.

Unless the Court directs otherwise, counsel shall submit proposed orders, decisions, and judgments to the Court for approval and signature within thirty (30) days after rendition or announcements of settlement.

CRITICAL

Applies to

Trial announcement

At announcements, counsel must advise the judge of potentially conflicting trial-week engagements and advise the court about settlement discussions and stipulations.

They will also advise the judge of anticipated conflicting engagements during the week of trial that may affect counsel's ability to attend trial. They will also advise the court whether settlement discussions are exhausted and of discussions on stipulations.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery or protection motion must include a certificate of conference certifying the filing party's good-faith effort to resolve the dispute.

Any motion for discovery or for protection under the Texas Rules of Civil Procedure must contain a certificate of conference completed by the party filing same which certifies that said party has made a good faith effort as required under Tex.R.Civ.P. 191.2 to resolve the discovery issues without court intervention.

CRITICAL

Applies to

Ex parte temporary restraining order request

A request for an ex parte temporary restraining order in a family law matter must not ask the court to exclude a party from a joint residence or that party’s own residence.

Requests for exparte Temporary Restraining Orders in family law matters shall not include any request that the Court exclude a party from a joint residence or that party's own residence.

CRITICAL

Applies to

Protective order or writ of habeas corpus

Requests for these protective orders or writs must include an affidavit specified by the Texas Family Code.

Requests for Protective Orders or for a Writ of Habeas Corpus for obtaining possession of a child in a family law matter shall not be submitted without an affidavit as specified in the Texas Family Code.

WARNING

Applies to

Receipt

A party withdrawing pleadings or papers must give the Clerk a receipt identifying what was withdrawn.

A receipt specifying the pleadings or papers withdrawn shall be given to the Clerk by the Party withdrawing them.

WARNING

Applies to

Motion to compel

A party disputing privilege claims should request the privilege log and identify disputed entries; otherwise, the court may deny a motion to compel without prejudice until those steps are taken.

If a discovery dispute regarding claims of privilege has arisen, under 193.3(a) and the party asserting privilege has been properly asked to provide privilege log information under Tex.R.Civ.P. 193 and has done so, the claims of privilege hearing will follow Tex.R.Civ.P. 193.4. Where the party disputing claims of privilege has not requested a privilege log under Tex.R.Civ.P. 193(b) and /or has not specified which items on the privilege log are still in dispute, that failure permits the Court to deny the Motion to Compel without prejudice to refiling after such steps are taken.