Clay County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Setting request

Setting requests must be made in writing and timely delivered to the District Court Coordinator and opposing counsel or pro se parties.

Requests for settings shall be made in writing and timely delivered to the District Court Coordinator and to opposing counsel or prose parties.

CRITICAL

Applies to

Setting request

A setting request must identify whether the setting is a hearing, non-jury trial, or jury trial and state the estimated time for the entire proceeding.

(a) Advise that the case is either a hearing, a non-jury trial or a jury trial and state the estimated time of the entire hearing, non-jury trial or jury trial;

CRITICAL

Applies to

Setting request

A setting request must identify any unresolved discovery and other pretrial matters.

(b) Advise which, if any, discovery and other pretrial matters remain unresolved;

CRITICAL

Applies to

Setting request

Must include

certificate of service

A setting request must certify that a copy was delivered to all opposing counsel and pro se parties.

( c) Certify that a copy of the request has been delivered to all opposing counsel and pro se parties.

CRITICAL

Applies to

Motion

Must include

certificate of conference

(a) All motions shall contain a certificate by the party filing the same that efforts to resolve the dispute without Court intervention have been attempted and failed.

(a) All motions shall contain a certificate by the party filing the same that efforts to resolve the dispute without Court intervention have been attempted and failed.

CRITICAL

Applies to

Motion

A motion that omits the required certificate will not be set for hearing until the certification is filed.

(b) Any motion omitting such certificate shall not be set for hearing until such certification has been filed.

CRITICAL

Applies to

Jury docket announcement

A written ready announcement in a civil case must state that the announcing party made a rejected bona fide settlement offer and attempted all reasonable settlement efforts.

(I) In a civil case, a statement that the announcing party has made a bona fide offer of settlement that has been rejected and that all reasonable efforts to settle have been attempted,

CRITICAL

Applies to

Jury docket announcement

A written ready announcement must estimate the time required for trial.

(ii) An estimate of the time required for trial,

CRITICAL

Applies to

Jury docket announcement

A written ready announcement must state that all pretrial matters have been disposed of and that all pretrial orders and Local Rules have been complied with.

(iii) A statement that all pretrial matters have been disposed of and that all pretrial orders and the Local Rules have been complied with.

CRITICAL

Applies to

Jury docket announcement

A written ready announcement must certify that its signer is the attorney in charge and that the information in the announcement is true.

(iv) A certificate that the person signing the announcement is the attorney in charge of the case and that the information set out therein is true.

CRITICAL

Applies to

Written waiver of arraignment

Counsel may avoid appearing in person for arraignment by filing a written waiver of arraignment before the scheduled date.

Each defendant and counsel, if any, shall appear in person for arraignment unless prior to the date set for arraignment, counsel has appeared of record by filing a written waiver of arraignment.

CRITICAL

Applies to

Indigency and appointment of counsel forms

The Court will not consider a defendant’s request for appointment of an attorney unless the required forms are fully completed.

Full completion of these forms shall be an absolute requirement before a request for appointment of an attorney by a defendant will be considered by the Court.

CRITICAL

Applies to

Agreed scheduling order

An agreed scheduling order must include the stated familiarity and conformity language and be filed before the scheduled Pretrial Scheduling Conference.

Such an agreed order must contain a statement that all counsel and/or pro se parties are familiar with the Court's Local Rules and the same must conform to the time standards of the Rules of Judicial Administration, and must be filed with Court before the date of the scheduled Pretrial Scheduling Conference.

CRITICAL

Applies to

Mediator appointment order

In qualifying civil cases, the mediator-appointment order must state the mediation completion date; if the parties cannot agree on a mediator, they must notify the Court and submit an order allowing the Court to appoint one.

In all civil cases, including Family Law Cases, in which the final hearing is estimated by either counsel to require more than two hours to complete, the Court requires Mediation to be conducted by a trained mediator prior to the final hearing. Parties shall submit an order appointing an agreed-upon mediator with a final date for the completion of mediation stated. If the parties cannot agree upon a mediator, one or more of the parties shall notify the Court of this inability and submit an order which allows the Court to appoint a mediator in the order.

CRITICAL

Applies to

Exhibit objections

Objections to exhibits must be presented in writing at the Final Pretrial Conference.

any objections to such exhibits shall be presented, in writing, at the Final Pretrial Conference.

CRITICAL

Applies to

Bankruptcy notice

The bankruptcy notice must identify the bankruptcy court, case, filing date, and counsel for the bankrupt.

giving the name and location of the bankruptcy court, the bankruptcy cause and case number and style of the case, the date of filing and the name and address of counsel for the bankrupt.

CRITICAL

Applies to

Issuance request

Requests for the listed writs, citations, notices, precepts, show-cause notices, and temporary restraining orders must be filed with the District Clerk using the specified Court form.

Requests for issuance of writs, citation, citation for expedited foreclosure, any notice, precept, show cause notice or temporary restraining order shall be filed with the District Clerk using the form "E-Filing Request for Issuance" available on the Court' s website.

CRITICAL

Applies to

Issuance request

Requests for abstracts of judgment or writs of execution must be filed with the District Clerk using the specified Court form.

Requests for issuance of Abstracts of Judgment and/or Writs of Execution shall be filed with the District Clerk using the form "E-Filing Request for Issuance of Abstract of Judgment and/or Writ of Execution" available on the Court' s website.

CRITICAL

Applies to

Issuance request

Requests for orders of sale must be filed with the District Clerk using the specified Court form.

Requests for Orders of Sale shall be filed with the District Clerk using the form "e-Filing Request for Issuance for an Order of Sale" available on the Court's website.

CRITICAL

Applies to

Temporary orders

In family-law cases requesting an ex parte temporary support order, the temporary orders must include the prescribed income-statement language and disclosure deadline.

In all family law cases in which an ex parte order involving temporary orders for support is requested, the party seeking such temporary orders hearing shall include the following language in the temporary orders: All parties to this action shall file with the District Clerk and serve all counsel or pro se parties with a written statement accurately showing the gross income of each party hereto for the preceding three (3) calendar months and the preceding three (3) calendar years by at least the day preceding the hearing on temporary orders.

CRITICAL

Applies to

Temporary orders

Every temporary-orders hearing must use the Court's short form, compiled by counsel insofar as possible before the hearing, and the original form must be provided to the Court before or during the hearing.

A temporary orders short form available on the Court's website and from the District Clerk=s Office shall be used in every temporary orders hearing and shall be compiled by counsel insofar as possible before the hearing; the original copy of the from shall be provided to the Court by counsel or pro se party before or during the hearing.

CRITICAL

Applies to

Temporary orders

All counsel and parties must sign one completed temporary-orders form before leaving court and file its original with the District Clerk after Court approval.

Whether or not agreement is reached, all counsel and parties shall sign one completed temporary orders form before leaving court and file the original of that form with the District Clerk after the same is approved by the Court.

CRITICAL

Applies to

Temporary orders

All counsel shall retain a copy of the completed form and file a copy of it with the Court with the formal Temporary Orders.

All counsel shall retain a copy of the completed form and file a copy of it with the Court with the formal Temporary Orders.

CRITICAL

Applies to

Temporary support hearing financial documents

For temporary-support cases, each party must furnish the Court and the opposing counsel or pro se party specified income, tax, earnings, and financial-institution records.

In all cases in which temporary support of a spouse and/or a child or children is in issue, each party shall be required to furnish to the Court and to opposing counsel or pro se party: (I) A statement of monthly income and expenses similar to that available on the Court's website. (ii) Copies of that party=s federal income tax return for the two (2) calendar years prior to the temporary orders hearing; (iii) All payroll statements, pay stubs, W-2 forms, and 1099 forms which evidence the party=s earnings for the calendar year prior to the temporary orders hearing and from January 1 of the current year through the date of the temporary orders hearing; (iv) Copies of all financial statements filed by that party with a financial institution in the two (2) years prior to the hearing.

CRITICAL

Applies to

Sworn inventory and appraisement

In divorce suits, each party must file a complete, itemized, sworn inventory and appraisement with the District Clerk at least 30 days before trial, including specified property and debts with values.

In all suits for the dissolution of marriage, each party shall file with the District Clerk, no later than thirty (30) days prior to the commencement of trial, a complete, itemized, sworn inventory and appraisement of all separate and community property owned or claimed by the parties to the marriage, and all debts and liabilities owed by the parties. Any property claimed to belong to children of the marriage must also be listed in the inventory and appraisement. This inventory shall list each item of property and each debt, with the value of that item shown to the right of the property description.

CRITICAL

Applies to

Composite inventory and appraisement

After the sworn inventories are filed, the parties must file a composite inventory; the Petitioner initiates and forwards it at least 14 days before trial, and the Respondent completes, files, and serves it at least 7 days before trial.

After each party=s sworn inventory and appraisement has been filed, the parties shall file a composite inventory and appraisement in a form substantially similar to that on the Court's website. The Petitioner shall initiate the composite inventory and forward it to the Respondent for completion not less than fourteen (14) days prior to the trial. The Respondent shall complete and file the composite inventory with the Court and serve a copy of the same on Petitioner not less than seven (7) days prior to trial.

CRITICAL

Applies to

Gross income statement

All parties in a child-support action must file a statement of each adult party’s gross income for the preceding three years and three months.

All parties in an action involving child support shall file with the Court a written statement setting forth the accurate gross income of all adult parties to the proceeding for the preceding three (3) calendar years and the preceding three (3) calendar months.

CRITICAL

Applies to

Gross income deduction statement

Counsel or a pro se party seeking deductions from gross income must prepare a statement identifying the deductions and explaining why the Court should allow them.

Each counsel or prose party shall also prepare a written statement showing any items for which a deduction from gross income (except Social Security tax and income tax withheld) is sought, including a written statement of the reasons such deduction should be allowed by the Court.

CRITICAL

Applies to

Child support calculation

Counsel or a pro se party must file a statement calculating the child support sought in the proceeding.

Each counsel or pro se party shall also file with the Court a written statement setting forth his calculation of the amount of child support sought to be ordered by the Court in that proceeding.

CRITICAL

Applies to

Order

Must include

proposed order

Every proposed order containing child-support provisions must be accompanied by a compliant medical support order.

Every order submitted to the Court for approval which contains provisions for child support shall be accompanied by a medical support order in conformance with the requirements of Texas Family Code Sec. 154 .181 , as amended

CRITICAL

Applies to

Final order

Every final order containing child-support provisions must be accompanied by an income-withholding order or writ compliant with Chapter 158 of the Texas Family Code.

Every final order submitted to the Court for approval which contains provisions for child support shall be accompanied by an order or writ for income withholding in accordance with Chapter 158, Texas Family Code, as amended.

CRITICAL

Applies to

Income withholding order or writ

Anyone presenting an income-withholding order or writ must also submit the specified e-filing request form to the District Clerk.

All persons presenting said order or writ for income withholding shall also submit an "e-Filing Request for Issuance for an Order Withholding to Employer's' to the District Clerk, available on the Court's website.

CRITICAL

Applies to

Divorce or annulment decree or order

At the conclusion of a divorce or annulment, excluding an adoption, the party submitting the decree or order must simultaneously present the specified completed form.

At the conclusion of all divorces/annulments (with or without children) excluding adoptions, the party submitting a decree or order to the Court must also present, at the same time, a completed form entitled Alnformation on Suit Affecting the Family Relationship (Excluding

CRITICAL

Applies to

Proposed division of community estate and support decision

Before a contested-property final divorce hearing, counsel and pro se parties must present a document listing requested community asset and liability awards, requested separate-property confirmations, and information for calculating support.

Counsel for each party and each pro se party shall present to the Court prior to the final divorce hearing in which property division is contested, a document containing the following information: (a) Community assets requested to be awarded to each of the respective parties; (b) Community liabilities requested to be awarded to each of the respective parties; (c) Assets or liabilities requested to be confirmed to each of the respective parties as separate property; and (d) Information for calculating support.

CRITICAL

Applies to

Final order for adoption

When presenting a signed final adoption order to the District Clerk, the petitioner must also present a completed Certificate of Adoption.

The Petitioner, upon presenting a signed copy of a final order for adoption to the District Clerk shall, at the same time, present a completed Certificate of Adoption.

WARNING

Applies to

Jury docket announcement

“Subject to” announcements are prohibited.

"Subject to" announcements are not permitted.

WARNING

Applies to

Jury docket announcement

Failure to announce, or a noncompliant announcement, is treated as an announcement of ready.

Failure to announce or announcement not strictly in compliance with these rules will be considered by the Court as an announcement of ready.

WARNING

Applies to

Inventories

Inventories under this Local Rule are not required if the parties reach an agreement completely settling all property, custody, and support issues before the final hearing.

In the event an agreement completely settling all property, custody and support issues in the suit is entered into prior to the final hearing, then the filing of inventories under this Local Rule shall not be required.