Cameron County District Courts Document Filing Requirements

Applies to

Temporary relief application

Except when the District Clerk's office is closed during an emergency, an application for immediate or temporary relief must be filed and assigned to a court before it is presented to a judge.

Except in emergencies when the District Clerk's office is not open for business, no application for immediate or temporary relief shall be presented to a Judge until it has been filed and assigned to a court as provided in Rule 1.1.

Applies to

Ex parte order application

Every application for an ex parte order must be presented in accordance with Rule 1.2.

All applications for ex parte orders shall be presented in accordance with Rule 1.2.

Applies to

Ex parte order application

Counsel must provide a written certification at the time presenting an ex parte application concerning whether the opposing party is unrepresented or whether opposing counsel does not wish to be heard, or could not be notified despite diligent efforts.

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.

Applies to

Ex parte order application

Counsel must also certify in writing that the case is not subject to transfer under Rule 1.1(f), or, if it is subject to transfer, must fully advise the court of the circumstances and any prior proceeding.

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

Applies to

Ex parte order application

If the party against whom relief is sought is represented, the ex parte applicant's written certification must establish either that counsel was notified and does not wish to be heard or that counsel diligently attempted notification but could not do so despite circumstances preventing further attempts.

(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.

Applies to

Discovery motion

Must include

certificate of conference

Every discovery motion or motion for protection must include the filing party's completed certificate of conference attesting to a good-faith effort to resolve discovery issues without court intervention.

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.

Applies to

Orders decisions and judgments

Must include

proposed order

Unless the court directs otherwise, counsel must submit proposed orders, decisions, and judgments for approval and signature within 30 days after rendition or announcement of settlement.

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.

Applies to

Ex parte order application

Every application for an ex parte order must be presented in accordance with the court's temporary-order procedures.

(a) All applications for ex parte orders shall be presented in accordance with Rule 1.2.

Applies to

Ex parte order application

Counsel presenting an ex parte application in a non-family civil case must provide the court with a written certification concerning the representation status of the party against whom relief is sought.

(b) The standards for presenting applications for ex parte orders in family law cases do not apply in other civil cases. Counsel presenting any application for an ex parte order shall at the time the application is presented certify in writing to the Court that:

Applies to

Ex parte order application

The ex parte applicant's written certification may state that, to the applicant's best knowledge, the party against whom relief is sought is unrepresented in the matter underlying the suit.

(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

Applies to

Motion to recuse

An oral motion to recuse is automatically denied, and only a written motion to recuse will be considered by the court.

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.

Applies to

Motion to withdraw

Must include

proposed order

An attorney of record may not withdraw without filing the required motion, obtaining a ruling and signed order, complying with the motion’s requirements, and providing the required notice to 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.

Applies to

Electronically filed document

Every electronically filed document must include the filer's e-mail address in addition to information required by Texas Rule of Civil Procedure 57.

In addition to the information required on a pleading by TEX. R. CIV. P. 57, a filer must include an e-mail address on any electronically-filed document.

Applies to

Electronically filed document

The filer’s email address must appear on every electronically filed document.

The email address of any person who electronically files a document must be included on the document.

Applies to

Document

A document containing non-exempt sensitive data must display the specified sensitive-data notice in the upper left-hand corner of the first page.

Rule 5.4 Notice to Clerk If an electronic or paper document must contain sensitive data, the filing party must state on the upper left-hand side of the first page, “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.” This notice is not required if the only sensitive data contained in the document is exempt from redaction under Texas Rule of Appellate Procedure 9.10.

Applies to

Document

A document filed for a represented party must be signed by at least one of that party’s attorneys and must include the identifying and contact information of every attorney listed as representing the party.

If a party is represented by counsel, a document filed on that party’s behalf must be signed by at least one of the party’s attorneys. For each attorney whose name appears on a document as representing that party, the document must contain that attorney’s State Bar of Texas identification number, mailing address, telephone number, and fax number, if any, and email address.

Applies to

Pleading, plea, motion, or application

Must include

certificate of service

The party or attorney of record must sign a written certification of Rule 21 compliance on the filed pleading, plea, motion, or application.

The party or attorney of record, shall must certify to the court compliance with this rule in writing over signature on the filed pleading, plea, motion, or application.

Applies to

Electronically served filed or issued document

An electronically served, filed, or court-issued document is signed if it contains a typed “/s/” and name or an electronic or scanned signature image, subject to the stated exception for notarized or sworn documents.

A document that is electronically served, filed, or issued by a court or clerk is considered signed if the document includes: (A) a “/s/” and name typed in the space where the signature would otherwise appear, unless the document is notarized or sworn; or (B) an electronic image or scanned image of the signature.

Applies to

Electronically filed document containing sensitive data

An electronically filed document that must contain sensitive data must be designated as containing sensitive data.

(1) designating the document as containing sensitive data when the document is electronically filed; or

Applies to

Non electronically filed document containing sensitive data

A non-electronically filed document containing sensitive data must display a specified notice in the upper-left corner of its first page.

(2) if the document is not electronically filed, by including, on the upper left-hand side of the first page, the phrase: “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.”

Applies to

Notice of appearance

A notice designating original or new lead counsel must state the attorney’s name, mailing address, telephone number, optional fax number, email address, and State Bar of Texas identification number.

The original or a new lead counsel may be designated by filing a notice stating that attorney’s name, mailing address, telephone number, fax number, if any, email address, and State Bar of Texas identification number.

Applies to

Notice of appearance

A notice designating new lead counsel must be signed by both the new attorney and either the party or the former lead counsel.

If a new lead counsel is being designated, both the new attorney and either the party or the former lead counsel must sign the notice.

Applies to

Notice of appearance

An attorney other than lead counsel may appear by filing a notice identifying the represented party and the attorney’s contact and State Bar information, after which the clerk will note the appearance on the docket.

An attorney other than lead counsel may file a notice stating that the attorney represents a specified party to the proceeding and giving that attorney’s name, mailing address, telephone number, fax number, if any, email address, and State Bar of Texas identification number. The clerk will note on the docket the attorney’s appearance.

Applies to

Document

An unrepresented party must sign every document it files and provide its mailing address, telephone number, optional fax number, and email address.

A party not represented by counsel must sign any document that the party files and give the party’s mailing address, telephone number, and fax number, if any, and email address.

Applies to

Computer generated document

Must include

word count

A computer-generated document subject to a word limit must include a compliance certificate stating its word count, and the certifier may rely on the word-processing program's count.

(3) Certificate of Compliance. A computer-generated document that is subject to a word limit under this rule must include a certificate by counsel or an unrepresented party stating the number of words in the document. The person certifying may rely on the word count of the computer program used to prepare the document.

Applies to

Document

Filing a document certifies that it complies with the rule's sensitive-data definition and redaction requirements.

The filing of a document constitutes a certification by the filer that the document complies with paragraphs (a) and (b) of this rule.

Applies to

Document

When a reference list is provided, the front page of the document containing redacted information must state that the reference list has been or will be provided.

If the filer provides a reference list pursuant to this rule, the front page of the document containing the redacted information must indicate that the reference list has been, or will be, provided.

Applies to

Discretionary review petition

The petition must identify the trial judge, all parties, and the names and addresses of trial and appellate counsel.

The petition must list the trial court judge, all parties to the judgment or order appealed from, and the names and addresses of all trial and appellate counsel.

Applies to

Discretionary review petition

The petition must include a page-referenced table of contents identifying the subject matter of each ground or question presented for review.

The petition must include a table of contents with references to the pages of the petition. The table of contents must indicate the subject matter of each ground or question presented for review.

Applies to

Discretionary review petition

The petition must include an alphabetically arranged index of authorities identifying the pages where each authority is cited.

The petition must include an index of authorities arranged alphabetically and indicating the pages of the petition where the authorities are cited.

Applies to

Discretionary review petition

The petition must state the dates of the appellate disposition, any rehearing motion, and the rehearing motion’s disposition.

The petition must state: (1) the date any opinion of the court of appeals was handed down, or the date of any order of the court of appeals disposing of the case without an opinion; (2) the date any motion for rehearing was filed (or a statement that none was filed); and (3) the date the motion for rehearing was overruled or otherwise disposed of.

Applies to

Discretionary review petition

The petition must state separately numbered grounds or questions for review without argument and, when the record is accessible, cite the record page for each ground.

The petition must state briefly, without argument, the grounds on which the petition is based. The grounds must be separately numbered. If the petitioner has access to the record, the petitioner must (after each ground) refer to the page of the record where the matter complained of is found. Instead of listing grounds for review, the petition may contain the questions presented for review, expressed in the terms and circumstances of the case but without unnecessary detail. The statement of questions should be short and concise, not argumentative or repetitious.

Applies to

Discretionary review petition

The petition must contain a direct, concise argument with supporting authorities explaining why review should be granted, and need not repeat statements in court of appeals opinions accepted as correct.

The petition must contain a direct and concise argument, with supporting authorities, amplifying the reasons for granting review. See Rule 66.3. The court of appeals' opinions will be considered with the petition, and statements in those opinions need not be repeated if counsel accepts them as correct.

Applies to

Discretionary review petition

The petition must include a copy of any court of appeals opinion.

The petition must contain a copy of any opinion of the court of appeals.

Applies to

Postconviction habeas application

A noncapital felony Article 11.07 postconviction habeas application must use the form prescribed by the Court of Criminal Appeals.

An application filed under Article 11.07 for post conviction habeas corpus relief in a felony case without a death penalty, under Code of Criminal Procedure article 11.07, must be made in on the form prescribed by the Court of Criminal Appeals in an order entered for that purpose.

Applies to

Postconviction habeas application

The application must provide all required form information, identify every ground for relief with supporting facts in summary, and avoid citations to cases or other law.

The person making the application applicant or petitioner must provide all information required by the form. The application form must include specify all grounds for relief, and must set forth in summary fashion the facts supporting each ground. Any ground not raised on the form will not be considered. The application must not cite cases or other law. Legal citations and arguments may be made in a separate memorandum.

Applies to

State response

The State’s response must comply with the length, typeface, and certificate-of-compliance requirements in Rule 73.1(d), (e), and (f).

Any response by the State must comply with length, typeface, and certificate of compliance requirements set out in rule 73.1 (d),(e) and (f).

Applies to

Supporting memorandum

A computer-generated memorandum and any additional memoranda must include the applicant’s or petitioner’s certificate stating the document’s word count, based on the word count of the computer program used.

A computer-generated memorandum, including any additional memoranda, must include a certificate by the applicant or petitioner stating the number of words in the document. The person certifying may rely on the word count of the computer program used to prepare the document.

Applies to

Postconviction habeas application

The application must be verified by an authorized oath or, for qualifying inmates, an unsworn declaration substantially conforming to Civil Practice and Remedies Code chapter 132.

Verification. The application must be verified by either: (1) oath made before a notary public or other officer authorized to administer oaths; or (2) if the person making the application is an inmate in the Institutional Division of the Department of Criminal Justice or in a county jail, an unsworn declaration in substantially the form required in Civil Practices and Remedies Code chapter 132.

Applies to

Habeas application

The convicting-court clerk will not file a noncompliant application and will return it with the official form.

The clerk of the convicting court will not file an application that is not on the form prescribed by the Court of Criminal Appeals, and will return the application to the person who filed it, with a copy of the official form.

Applies to

Habeas record summary sheet

The district clerk must prepare and transmit a summary sheet containing specified case, applicant, appeal, hearing, findings, recommendation, judge, and counsel information.

the district clerk must prepare and transmit a summary sheet that includes the following information: (aA) the convicting court's name and county, and the name of the judge who tried the case; (bB) the applicant's name, the offense, the plea, the cause number, the sentence, and the date of sentence, as shown in the judgment of conviction; (cC) the cause number of any appeal from the conviction and the citation to any published report; (dD) whether a hearing was held on the application, whether findings of fact were made, any recommendation of the convicting court, and the name of the judge who presided over the application.; (E) the name of counsel if applicant is represented.

Applies to

Habeas record

The transmitted habeas record must include specified pleadings, docket materials, charge and verdict, findings, objections, and hearing transcripts.

The district clerk shall also include in the record transmitted to the Court of Criminal Appeals, among any other pertinent papers or supplements, the indictment or information, any plea papers, the court’s docket sheet, the court’s charge and the jury’s verdict, any proposed findings of fact and conclusions of law, the court’s findings of fact and conclusions of law, any objections to the court’s findings of fact and conclusions of law filed by either party, and the transcript of any hearings held.

Applies to

Clerk's record

Must include

caption, judge name, case number

The first and any subsequent volumes of the clerk’s record must include specified identifying information on the front cover.

(h) include on the front cover of the first volume, and any subsequent volumes, of the clerk’s record, whether filed in paper or electronic form, the following information, in substantially the following form:

Applies to

Clerk's record

The clerk’s record must include a detailed, double-spaced table of contents identifying documents, filing dates, and starting pages; electronic records must use bookmarks except for sealed-document descriptions.

(i) prepare and include after the front cover of the clerk’s record a detailed table of contents identifying each document in the entire record (including sealed documents), the date each document was filed, and, except for sealed documents, the page on which each document begins. The table of contents must be double-spaced and conform to the order in which documents appear in the clerk’s record, rather than in alphabetical order. If the clerk’s record consists of multiple volumes, the table of contents must indicate the page on which each volume begins. If the clerk’s record is filed in electronic form, the clerk must use bookmarks to link each document description in the table of contents, except descriptions of sealed documents, to the page on which each document begins;

Applies to

Clerk's record

The clerk’s record must conclude with a certification in the prescribed form.

(j) conclude the clerk’s record with a certificate in substantially the following form:

Applies to

Clerks record

An electronic clerk’s record must include either a scanned signature image or a typed “/s/” and the clerk’s name in the signature space.

If the clerk’s record is filed in electronic form, the trial court clerk must include either a scanned image of the clerk’s signature or “/s/” and the clerk’s name typed in the space where the signature would otherwise appear.

Applies to

Clerk record

Must include

caption, judge name, case number

Each document in the clerk’s record must show its filing date.

(g) Each document must show the date of filing.

Applies to

Clerk record

Must include

caption, judge name, case number

The front cover of the first clerk’s-record volume must contain specified identifying information and follow the prescribed form substantially.

(i) The front cover of the first volume of the clerk’s record must include the following information and be in substantially the following form:

Applies to

Habeas application

A habeas application seeking relief from a final felony conviction must be filed using the complete form.

You must use the complete form, which begins on the following page, to file an application for a writ of habeas corpus seeking relief from a final felony conviction under Article 11.07 of the Code of Criminal Procedure.

Applies to

Habeas application

The entire habeas application form must be filed, including sections that do not apply.

You must file the entire writ application form, including those sections that do not apply to you.

Applies to

Habeas application

A separate application and separate form are required for each judgment of conviction for which relief is sought.

You must make a separate application on a separate form for each judgment of conviction you seek relief from.

Applies to

Habeas application

Every applicable item on the habeas application form must be answered.

Answer every item that applies to you on the form.

Applies to

Habeas application

Additional pages may be used only for the facts supporting the ground for relief under item 17, and not for any other item.

You may use additional pages only if you need them for item 17, the facts supporting your ground for relief. Do not attach any additional pages for any other item.

Applies to

Habeas application

The application must include all grounds for relief and a brief summary of the supporting facts under item 17.

You must include all grounds for relief on the application form as provided by the instructions under item 17. You must also briefly summarize the facts of your claim on the application form as provided by the instructions under item 17.

Applies to

Habeas application

Each ground for relief must begin on a new page, and its supporting facts may not exceed the two pages provided in the form.

Each ground shall begin on a new page, and the recitation of the facts supporting the ground shall be no longer than the two pages provided for the claim in the form.

Applies to

Habeas application

The application form must not contain case citations, other legal citations, or legal arguments.

Do not cite cases or other law in this application form. Do not make legal arguments in this form.

Applies to

Habeas application

The application must be verified by signing either the Oath Before Notary Public or the Inmate’s Declaration.

You must verify the application by signing either the Oath Before Notary Public or the Inmate’s Declaration, which are at the end of this form on pages 11 and 12.

Applies to

Application for writ habeas corpus

The habeas corpus application must include the applicant's name, date of birth, place of confinement, TDCJ-CID number, and SID number.

APPLICATION FOR A WRIT OF HABEAS CORPUS NAME: DATE OF BIRTH: PLACE OF CONFINEMENT: TDCJ-CID NUMBER: ____________________ SID NUMBER: __________________

Applies to

Application for writ habeas corpus

The applicant must identify all applicable grounds concerning the conviction, sentence, parole, mandatory supervision, time credit, or out-of-time appeal or discretionary review.

(1) This application concerns (check all that apply): □ a conviction □ parole □ a sentence □ mandatory supervision □ time credit □ out-of-time appeal or petition for discretionary review

Applies to

Application for writ habeas corpus

The application must identify the district court and county, trial-court case number, and trial judge.

(2) What district court entered the judgment of the conviction you want relief from? (Include the court number and county.) (3) What was the case number in the trial court? (4) What was the name of the trial judge?

Applies to

Application for writ habeas corpus

The application must state whether the applicant was represented by counsel and, if so, provide the attorney's name.

(5) Were you represented by counsel? If yes, provide the attorney's name:

Applies to

Application for writ habeas corpus

The application must provide the date on which the judgment was entered.

(6) What was the date that the judgment was entered?

Applies to

Application for writ habeas corpus

The application must identify the offense of conviction and the sentence imposed.

(7) For what offense were you convicted and what was the sentence?

Applies to

Application for writ habeas corpus

For multiple counts sentenced in the same court at the same time, the application must identify each count of conviction and the sentence for each count.

(8) If you were sentenced on more than one count of an indictment in the same court at the same time, what counts were you convicted of and what was the sentence in each count?

Applies to

Application for writ habeas corpus

The application must identify the plea entered and explain any different pleas entered on counts in a multi-count indictment.

(9) What was the plea you entered? (Check one.) □ guilty-open plea □ guilty-plea bargain □ not guilty □ nolo contendere/no contest If you entered different pleas to counts in a multi-count indictment, please explain:

Applies to

Application for writ habeas corpus

The application must identify whether the trial involved no jury, a jury for guilt and punishment, or a jury for guilt with the judge determining punishment.

(10) What kind of trial did you have? □ no jury □ jury for guilt and punishment □ jury for guilt, judge for punishment

Applies to

Application for writ habeas corpus

The application must state whether the applicant testified at trial and, if so, identify the phase of trial during which the testimony occurred.

(11) Did you testify at trial? If yes, at what phase of the trial did you testify?

Applies to

Postconviction application for writ of habeas corpus

A postconviction application for writ of habeas corpus transmitted to the Court of Criminal Appeals must use the attached form.

the Court of Criminal Appeals hereby orders that the attached form to be used when a postconviction application for writ of habeas corpus is transmitted to the Court of Criminal Appeals.

Applies to

Order

Every order submitted to a district court for consideration or signature must list the valid email addresses of all parties requiring notification at the bottom of the document.

All orders submitted to the District Courts for consideration and/or signature shall contain valid email addresses of all parties requiring notification at the bottom of each instrument.

Applies to

Motion to compel

Must include

local rule certificate

A motion to compel may be denied without prejudice if the disputing party did not request a privilege log or identify the disputed privilege-log items, but it may be refiled after those steps are taken.

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 re-filing after such steps are taken.

Applies to

Document cover

Must include

case number

A document’s front cover must identify the case, filing document and party, and lead counsel; a request for oral argument must appear on the first brief’s front cover.

A document’s front cover, if any, must contain the case style, the case number, the title of the document being filed, the name of the party filing the document, and the name, mailing address, telephone number, fax number, if any, email address, and State Bar of Texas identification number of the lead counsel for the filing party. If a party requests oral argument in the court of appeals, the request must appear on the front cover of that party’s first brief.

Applies to

Discretionary review petition

A discretionary-review petition must be as brief as possible, addressed to the Court of Criminal Appeals of Texas, and identify the parties seeking review.

A petition for discretionary review must be as brief as possible. It must be addressed to the “Court of Criminal Appeals of Texas” and must state the name of the party or parties applying for review.

Applies to

Discretionary review petition

The petition must explain why oral argument would be helpful or state that oral argument is waived; a reply or cross-petition must state whether oral argument should be heard.

The petition must include a short statement of why oral argument would be helpful, or a statement that oral argument is waived. If a reply or cross-petition is filed, it likewise must include a statement of why oral argument should or should not be heard.

Applies to

Discretionary review petition

The petition must briefly state the nature of the case, with details reserved for the pertinent grounds or questions.

The petition must state briefly the nature of the case. This statement should seldom exceed half a page. The details of the case should be reserved and stated with the pertinent grounds or questions.

Applies to

Discretionary review petition

The petition must clearly state the relief requested.

The petition must state clearly the nature of the relief sought.