Cochran County District Court Document Filing Requirements

CRITICAL

Applies to

Motion to withdraw

The client notice must be included in the withdrawal motion or attached as a copy of the letter.

Such notice shall be included within the motion or a copy of the letter attached to the motion.

CRITICAL

Applies to

Early request for jury trial setting

An early jury-trial setting request must certify discovery completion by at least 20 days before the first docket date, payment of the jury fee, and filing of a jury demand.

Requests for settings for jury trials at an earlier date shall include a certification that all discovery is complete, or will be complete at least twenty (20) days prior to the first docket date, that the jury fee has been paid, and that a demand for jury has been filed.

CRITICAL

Applies to

Financial information report

When spousal support is requested, each party must submit a financial information report showing minimum reasonable needs to the Court and opposing sides.

In all cases where spousal support is requested, each party shall submit a financial information report to the court and the opposing sides showing minimum reasonable needs.

CRITICAL

Applies to

Property inventory and proposed division

In disputed property division cases, each attorney must submit an inventory with values and debts and a proposed division, including claimed or recognized separate property, to the Court and opposing counsel by the start of trial.

In disputed property division cases, each attorney shall submit to the Court and opposing counsel not later than the commencement of trial an inventory of property, with values, and debts and a proposed property division including property claimed or recognized as separate property.

CRITICAL

Applies to

Temporary order

Temporary orders involving children must include injunctions prohibiting disparaging remarks, alcohol or drug use within 24 hours before and during possession, and overnight stays by an unrelated adult during possession.

All temporary orders involving children shall include injunctive relief prohibiting disparaging remarks, using alcohol/drugs 24 hours prior to and during any possession of the child(ren), and overnight stays by an unrelated adult during the possession of the child(ren).

CRITICAL

Applies to

Motion for continuance

Must include

certificate of conference

A continuance motion must include a certificate stating that the request was discussed with all opposing parties or counsel and whether it is agreed or opposed.

All motions for continuance shall contain a certificate of conference that the request has been discussed with all opposing parties or counsel and that such motion is agreed or opposed.

CRITICAL

The courtroom arrangement description or drawing must show where the judge, parties or counsel, jurors, witnesses, court reporter, and bailiff will be placed in each facility during each trial phase.

Include where the judge, parties/counsel, jurors, witnesses, court reporter, and bailiff will be arranged in each courtroom or facility during each phase of the trial.

CRITICAL

Applies to

Jury service questionnaire

The form is due before November 4 and must be submitted along with the Voir Dire Supplement.

THIS FORM IS DUE BY BEFORE November 4, along with Voir Dire Supplement.

CRITICAL

Applies to

Default judgment

Counsel must approve default judgments as to form.

Default judgments shall be approved as to form by counsel.

CRITICAL

Applies to

Financial information report

In cases seeking temporary spousal or child support, each side must submit a financial information report to the Court and the opposing side.

Each side shall submit a financial information report to the court and the opposing side in each case seeking temporary spousal support and/or child support.

CRITICAL

Applies to

Motion to withdraw

Without a substitution of counsel, an attorney of record may not withdraw without presenting a motion and obtaining a court order granting leave.

If there is no substitution of counsel as provided in Rule 6.02, no attorney of record shall attempt to withdraw without presenting a motion and obtaining from the Court an order granting leave to withdraw.

CRITICAL

Applies to

Motion to withdraw

A withdrawal motion must include the client’s written consent or a certification of mailing to the client’s last known address with notice of a presentation date at least 10 days after mailing and instructions to object in writing before that date.

Such motion shall be accompanied by the client's written consent to such withdrawal or a certification that a copy of such motion has been mailed to the client at his/her last known address, with notice advising the client that the motion will be presented to the Court at a date not less than ten (10) days after mailing, and that any objection to such withdrawal should be made to the Court in writing before such date.

CRITICAL

Applies to

Defense counsel notice of employment

Immediately upon employment, defense counsel must file written notice with the District Clerk and provide copies to the State’s attorney and the Court Coordinator.

Immediately upon employment, the defense attorney shall file written notice thereof with the District Clerk and provide a copy of same to the attorney for the State and to the Court Coordinator.

CRITICAL

Applies to

Jury service questionnaire

Prospective jurors must complete the questionnaire before reporting and bring it or email it before November 4, 2020.

As part of the court's ongoing measures to protect against the spread of the COVID-19 disease, we ask that you complete the following before reporting for Jury Service on Wednesday, November 4, 2020. Bring this completed questionnaire with you or email it to rbradley@hockleycounty.org BEFORE Wednesday, November 4, 2020:

CRITICAL

Applies to

Motion to modify temporary orders

A motion to modify temporary orders will not be heard unless it includes an affidavit stating facts supporting a serious and immediate concern that cannot be addressed at a final hearing.

Motions to Modify Temporary Orders shall not be heard unless an affidavit is attached to the motion including facts supporting a serious and immediate concern that cannot be addressed at a final hearing.

CRITICAL

Applies to

In person juror summons

In-person juror summonses must include information about health and safety precautions and COVID questionnaires eliciting prospective jurors’ exposure or vulnerability information.

The jury clerk must include with in-person juror summonses information regarding precautions that have been taken to protect the health and safety of prospective jurors and COVID questionnaires that elicit from prospective jurors information about their exposure or vulnerability to COVID-19.

CRITICAL

Attachment B must contain the COVID questionnaire the court will include with summonses.

Include as Attachment B the COVID questionnaire that the court will include with summonses.

CRITICAL

Attachment A must contain the information the court will include with summonses.

Include as Attachment A the information that the court will include with summonses.

CRITICAL

Applies to

Children interest seminar completion certificate

Except in uncontested adoptions and terminations, all parties in suits involving the parent-child relationship must complete the children’s interest seminar and file the completion certificate with the Clerk.

In any suit involving the parent-child relationship, except uncontested adoptions and terminations, all parties shall successfully complete a children's interest seminar and file their certificate of completion with the Clerk.

CRITICAL

Applies to

Notice of substitution

Must include

proposed order

Substitute counsel must file a client-signed written notice of substitution together with a proposed order permitting the substitution.

Any attorney substituting for another attorney of record shall file with the Clerk a written notice of substitution signed by the client together with a proposed order permitting the substitution.

CRITICAL

Applies to

Agreed order or judgment

All counsel and/or self-represented parties must approve agreed orders and judgments as to form.

All agreed orders or judgments shall be approved as to form by all counsel and/or pro se parties.

CRITICAL

Applies to

Request for setting

A setting request must be in writing, addressed to the Court Coordinator, give notice to entitled counsel and self-represented parties, and estimate trial time.

A request for setting shall be addressed in writing to the Court Coordinator, with notice to all counsel and pro se parties who are entitled to notice in the case, and shall include an estimate of the time required for trial.

WARNING

Applies to

Contested order

In contested matters, counsel and self-represented parties must make a reasonable effort to agree in writing on the form of the order.

In contested matters, all counsel and pro se parties shall make reasonable effort to agree, in writing, to the form of the order to be submitted to the Court.

WARNING

Applies to

Hearing orders docket notices and other communications

Orders setting hearings, docket notices, and other communications to vulnerable individuals must explain how they can identify themselves to the court and receive accommodations.

Each judge will include information on orders setting hearings, dockets notices, and in other communications notifying individuals who are in vulnerable populations of the ability to contact the court to identify themselves as a vulnerable individual and receive accommodations.

WARNING

Applies to

Juror summons

In-person juror summonses must include information about precautions taken to protect prospective jurors’ health and safety.

- 1. The jury clerk must include with in-person juror summonses information regarding precautions that have been taken to protect the health and safety of prospective jurors

INFO

Applies to

Children interest seminar completion

The Judge may waive the seminar-completion requirement for good cause shown.

For good cause shown, the Judge may waive the requirement of completion of the seminar.

INFO

Applies to

Prove up

Prove-ups may be conducted by Zoom or through an affidavit attached in the envelope with the Decree.

Prove-ups may be conducted by Zoom or by attaching an affidavit in the envelope with the Decree.