Colorado County District Court, Texas Document Filing Requirements

CRITICALCivil cases

Applies to

Petition

The petitioner must attach a copy of the order to the original petition and each copy; if the petitioner fails to do so, the Clerk must ensure the copies are attached when the petition is filed.

The PetitioAershall attach a c.opy of this· order to :the ori.gin~I petition and to ei:l<rh copy of the petition. At trie time: th·e pr;tition 1sfiled, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of' this. order is· attached to the petition and every copy of the petition presented.

CRITICAL

Applies to

Evidentiary objection statement

One week before trial, counsel must provide written page and line references for designations subject to evidentiary objections, state the basis for each objection, and timely object or waive the objection.

Counsel shall also provide a written statement of page and line references to their respective designations on which they seek a ruling on any evidentiary objections, including the basis for the objections. Failure to timely object will be deemed a waiver of any objections.

CRITICAL

Applies to

Proposed jury charge

One week before trial, each party must file and serve all other parties a proposed jury charge containing questions, definitions, instructions, and supporting citations.

Each party shall file and serve on all other parties a proposed jury charge, including questions, definitions, and instructions, which shall include citations to the Texas Pattern Jury Charge and other authority that supports the submission .

CRITICAL

Applies to

Evidentiary objection statement

One week before trial, counsel must provide a written statement identifying cross-designation page and line references subject to evidentiary objections and the basis for each objection; untimely objections are waived.

Counsel shall provide a written statement of page and line references to cross- designations on which they seek a ru ling on any evidentiary objections, including the basis for the objections. Failure to timely object will be deemed a waiver of the objection .

CRITICAL

Applies to

Motion to set hearing

A contested hearing must be set by written motion with a Notice or Order Setting Hearing attached.

All hearings in contested cases shall be set by written motion with a Notice or Order Setting Hearing attached.

CRITICAL

Applies to

Notice or order setting hearing

The Notice or Order Setting Hearing must state an estimated time allocation for the hearing.

The Notice or Order Setting Hearing shall contain an estimated time allocation for the hearing.

CRITICAL

Applies to

Hearing setting request

Each setting request must estimate the total hearing time for all matters and participants.

Each request for a setting shall include an estimate of the total time required for the entire hearing, on all matters, for all participants.

CRITICAL

Applies to

Motion

Before a hearing is set, the parties must make reasonable efforts to confer about the setting and the motion, and every motion must certify that counsel conferred or made reasonable efforts to confer about the setting’s date, time, and format.

Prior to setting a hearing, the parties shall make reasonable efforts to actually speak to one another regarding the date, time, and format (i.e. if remote hearing is requested it shall be by agreement of all the parties and with specific court approval) of a hearing or trial and the substance of the motion in a genuine effort to narrow their disputes before seeking court intervention. To that end, every motion shall include a certification that "counsel has conferred with (or made reasonable efforts to confer with) all parties about the date, time, and format of the setting"

CRITICAL

Applies to

Motion

Every non-dispositive motion must include one of the specified certifications concerning efforts to resolve or narrow the issues with affected parties.

and every motion (other than dispositive motions) shall also certify that: • "Counsel has conferred with all parties who may be affected by the relief sought in this motion in a good faith effort to resolve or narrow the issues raised."; or • "Counsel has made reasonable efforts to confer with all parties who may be affected by the relief sought in this motion but has been unable to do so."

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A hearing request on a motion to compel discovery must include counsel’s certification that efforts to obtain relief by agreement were unsuccessful, or the request will not be granted.

Requests for hearings on any motions related to compelling discovery in any form shall be accompanied by a certification from movant's counsel that they have attempted to obtain relief by agreement and have been unsuccessful. No hearing request will be granted on motions relating to compelling discovery without the required certification.

CRITICAL

Applies to

Proposed jury charge

Each side must present a proposed jury charge at the civil announcement docket.

At the civil announcement docket, each side shall present to the court a proposed jury charge

CRITICAL

Applies to

Final jury charge

When ordered by the Court, counsel must prepare the final jury charge with the Court’s ordered changes or modifications.

Upon the Court's order, counsel shall prepare the jury charge in its final form making changes or modifications ordered by the court.

CRITICAL

Applies to

Tro

A TRO affecting a child’s possession or access must include a statement that conferral attempts were unsuccessful or that the respondent is unrepresented.

When presenting a TRO that affects possession of or access to a child the requesting party shall include a statement that either (a) attempts have been made to confer with opposing counsel and have been unsuccessful or (b) the respondent is unrepresented at this time.

CRITICAL

Applies to

Pre trial forms

Before a temporary or interim orders hearing in a divorce or parent-child relationship suit, each party must prepare and deliver the specified pretrial forms.

Before any hearing on temporary or interim orders in any divorce suit or suit affecting the parent-child relationship (which include, but are not limited to, modification suits, paternity suits, and original suits) each party shall prepare and deliver pre-trial forms as follows:

CRITICAL

Applies to

Financial information sheet

In a suit requiring a child support or spousal maintenance determination, each party must deliver a fully completed and signed Financial Information Sheet using the court website form.

In any suit requiring a determination of child support or spousal maintenance, each party shall prepare and deliver a Financial Information Sheet using the form posted on the County District Courts' website, fully completed and signed by the party.

CRITICAL

Applies to

Income and payroll records

Unless the parties agree or stipulate to income or net resources, each party must provide specified income records to the judge at the hearing and to the opposing party beforehand; the records must not be filed.

Additionally, unless the parties agree or stipulate to a party's income and/or net resources as defined by the Texas Family Code, each party is required to furnish copies of the party's preceding four payroll statements or paystubs and the party's preceding year's income tax return (ifthe tax return has been filed), and preceding year's W-2 to the judge (but not the file) at the time of the hearing and to the opposing party prior to the hearing.

CRITICAL

Applies to

Stipulation

Any agreement to stipulate must be in writing and signed by all parties.

If the parties agree to stipulate, the stipulation must be in writing and signed by all parties.

CRITICAL

Applies to

Proposed parenting plan or proposed disposition of other issues

In a suit involving conservatorship or a child’s possession and access, each party must deliver a completed and signed Proposed Parenting Plan, a single agreed plan signed by both parties, or a brief-sentence summary of the relief in a Proposed Disposition of Other Issues.

In any suit requiring a determination or modification of conservatorship, or possession and access to a child, each party shall prepare and deliver a Proposed Parenting Plan, pursuant to Texas Family Code §153.603, fully completed and signed by the party, a single agreed Proposed Parenting Plan signed by both parties, or shall summarize the relief in brief complete sentences as part of a Proposed Disposition of Other Issues.

CRITICAL

Applies to

Proposed disposition of issues

Each party must deliver a Proposed Disposition of Issues separately stating in brief complete sentences each requested trial decision not covered by a Proposed Parenting Plan.

Each party shall prepare and deliver a Proposed Disposition of Issues, which shall state separately, in brief complete sentences each trial decision that is sought by the party that is not covered by a Proposed Parenting Plan .

CRITICAL

Applies to

Motion requesting additional time

If a party believes that additional time will be needed at the temporary or interim orders hearing that party may file a motion requesting additional time . The motion requesting additional time shall be supported by facts that show why additional time is needed in order to fully and fairly consider all issues, shall include how much additional time is requested, and shall be e-filed and then presented to the Court Administrator for the District Court assigned to the case.

If a party believes that additional time will be needed at the temporary or interim orders hearing that party may file a motion requesting additional time . The motion requesting additional time shall be supported by facts that show why additional time is needed in order to fully and fairly consider all issues, shall include how much additional time is requested, and shall be e-filed and then presented to the Court Administrator for the District Court assigned to the case.

CRITICAL

Applies to

Pretrial forms and amended pleadings

Before final trial on the merits in a divorce suit or suit affecting the parent-child relationship, each party must prepare and deliver pretrial forms and any amended pleadings.

Before the final trial on the merits in any divorce suit or suit affecting parent-child relationship (which include, but are not limited to, modification suits, paternity suits, and original suits), each party shall prepare and deliver pre-trial forms and any amended pleadings as follows:

CRITICAL

Applies to

Proposed property division

In lieu of the Proposed Property Division form, a copy of a spreadsheet showing assets shall be provided to the court in an editable electronic format at the beginning of trial.

In lieu of the Proposed Property Division form, a copy of a spreadsheet showing assets shall be provided to the court in an editable electronic format at the beginning of trial.

CRITICAL

Applies to

Proposed support decision

In suits requiring a determination of child support or spousal maintenance, each party must prepare and deliver a completed, signed Proposed Support Decision using the court website form.

In any suit requiring determination of child support or spousal maintenance, each party shall prepare and deliver a Proposed Support Decision using the form posted on the Gonzales County District Courts' website, fully completed and signed by the party.

CRITICAL

Applies to

Trial financial records

Unless the parties agree or stipulate to income or net resources, each party must furnish the specified financial records to the court without filing them and to the opposing parties at trial.

Additionally, in any suit requiring a determination of child support or spousal maintenance, unless parties agree or stipulate to a party's income and/or net resources as defined by the Texas Family Code, each party is required to furnish to the court (but not file), and to opposing parties, copies of the following at the time of trial:

CRITICAL

Applies to

Trial financial records

The required trial financial records include tax returns or specified substitutes for the previous two calendar years and specified income records from January 1 through trial for the trial year.

1. The party's federal income tax returns for the previous two calendar years, or if no such return(s) have been filed, then all payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-1 for such years; and 2. All payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-1 for the calendar year of the trial from January 1 through the date of trial.

CRITICAL

Applies to

Proposed parenting plan

In suits involving conservatorship or possession and access, each party must prepare and deliver either a completed, signed Proposed Parenting Plan, an agreed plan signed by both parties, or a brief-sentence summary of requested relief in the Proposed Disposition of Other Issues.

In any suit requiring a determination or modification of conservatorship, or possession and access to a child, each party shall prepare and deliver a Proposed Parenting Plan, pursuant to Texas Family Code §156.603, fully completed and signed by the party, a single agreed Proposed Parenting Plan signed by both parties, or shall summarize in the requested relief in brief complete sentences as part of a Proposed Disposition of Other Issues.

CRITICAL

Applies to

Home study

A home study must be completed in suits involving conservatorship or possession and access unless the court waives it by order.

In any suit requiring a determination or modification of conservatorship, or possession and access to a child, a home study must be completed unless waived by court order.

CRITICAL

Applies to

Proposed disposition of other issues

Each party must prepare and deliver a Proposed Disposition of Other Issues stating in brief complete sentences each requested trial decision not covered by the other specified proposed documents.

Additionally, each party shall also prepare and deliver a Proposed Disposition of Other Issues, which shall state briefly in brief complete sentences each trial decision that is sought by the party that is not covered by the Proposed Property Division, Proposed Support Decision, or Proposed Parenting Plan.

CRITICAL

Applies to

Final trial setting

A case cannot be set for final trial on the merits without either an order waiving mediation or a mediator's letter stating that mediation was attempted unsuccessfully.

No case will be set for final trial on the merits without one of the following: a. An Order Waiving Mediation; or b. A letter from a mediator stating that mediation was attempted but unsuccessful.

CRITICAL

Applies to

Time announcement

When a Motion to Confer is set with a final trial on the merits, the parties must include the planned time of the court’s conference with the child in their time announcement.

If a Motion to Confer is filed and set with a final trial on the merits, the parties shall include the time the court will confer with the child in their time announcement.

CRITICAL

Applies to

Certificate of completion

For a divorce involving children, the parties must file a certificate showing completion of a four-hour parenting class before requesting the court to render the divorce.

If the divorce involves children, the parties shall file a certificate of completion showing that a 4 hour parenting class has been completed prior to requesting the court render the divorce.

CRITICAL

Applies to

Draft order

Must include

caption, case number

Each draft order must have a heading showing the cause number, case style, and court where the case is pending.

each such draft shall have a heading showing the cause number, the style of the case, and the court in which it is pending.

CRITICAL

Applies to

Judgment decree or order

Do not use the word “entered” to indicate the date a judgment, decree, or order is signed.

The word "entered" shall not be used to show the date on which a judgment, decree, or order is signed .

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must be heard after notice to the client and all other parties unless the moving attorney files the specified consents and a certificate of the client’s last known mailing address.

A motion to withdraw from representation shall be presented at a hearing after notice to the client and all other parties unless the moving attorney: a. Files written consent to the withdrawal signed by all other parties; b. Files a written consent to the withdrawal signed by the client; and c. Files a certificate stating the last known mailing address of the client.

CRITICAL

Applies to

Motion to substitute

A motion to substitute must be signed by all parties.

A motion to substitute shall be signed by all parties and counsel shall continue to appear until an order granting the motion to substitute is signed by the court assigned to the case.

CRITICAL

Applies to

Jury charge

The attorneys for the state and defense must deliver a proposed jury charge to the Court on the Monday trial begins.

The attorneys for the state and the defense shall deliver to the Court a proposed charge on the Monday the trial commences.

CRITICAL

Applies to

Jury charge

The proposed jury charge must be provided before jury selection begins.

The charge shall be provided prior to the commencement of jury selection.

CRITICAL

Applies to

Fee voucher

At the end of representation, court-appointed attorneys must provide an itemized statement of in-court and out-of-court hours, and may submit it only as an attachment to the fee voucher.

All court appointed attorneys shall, at the conclusion of the representation of a defendant, provide the court with an itemized statement reflecting the hours spent in court and the number of hours spent out of court in representation the defendant. The statement may only be submitted as an attachment to the fee voucher.

CRITICAL

Applies to

Motion to withdraw

Counsel must continue to appear until the order granting withdrawal is signed.

Counsel shall continue to appear until an order granting the motion to withdraw is signed.

CRITICAL

Applies to

Motion to substitute

If the presiding judge has not already signed the substitution order, it must be presented to the court for signature at the next docket setting.

Motions to Substitute shall be e-filed and the order shall be presented to the court at the next docket setting for signature if the order has not been previously signed by the presiding judge.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach a copy of the order to the original petition and every copy of the petition.

The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.

CRITICALCivil cases

Applies to

Petition

If the Petitioner has not attached the order, the Clerk must ensure a copy is attached to the petition and every copy presented when the petition is filed.

At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.

CRITICAL

Applies to

Pleading

Must include

ai disclosure

An attorney or self-represented litigant who uses Generative AI in work product, research, or pleading drafting must include the prescribed verification in bold in the pleading.

As• ~ result qf Generative APs tendency to fabricate and .malfunction, the Court. hereby OII.I)J1R,S a.a,y attorney 01: .s.elf-:represented litigan:t that ·chooses to :use. Generative AI in their work producl:i resear~ .or drafting·must.include the following verification in hold in thek pleadings:

CRITICAL

Applies to

Pleading

Must include

ai disclosure

A pleading that lacks the required verbatim verification in bold will not be considered by the Court.

If rui .attorney oi: self.,.rep.resented litigant us.~ Generative AI in their work product, :reseru:,c~ Qr: drafting ofa pleading and that pleading fails. to contain the. above,verbatiln verification in ho!~ :it will not be considered by the Cpurt.

CRITICAL

Applies to

Pleading

Must include

ai disclosure

A filer who uses generative AI in work product, research, or drafting must include the specified verification in bold in the pleading.

As a result of Generative Al's tendency to fabricate and malfunction, the Court hereby ORDERS any attorney or self-represented litigant that chooses to use Generative AI in their wo.rk product, research, or drafting must include the following verification in bold in their pleadings:

WARNING

Applies to

Motion

The court may strike a setting if the motion or an amended motion lacks the required certificates.

The court retains discretion to strike any setting in which the motion (or an amended version of the motion) does not include such certificates.

WARNING

Applies to

Order setting case

A judge may be asked to sign an order setting a case only when a show cause order is necessary or a rule of law requires a judge-signed setting order.

Judges shall not be requested to sign orders setting cases except when a show cause order is necessary, or when some rule of law requires that an order for a setting be signed by a judge.

WARNING

Applies to

Motion

Uncontested or agreed family matters, defaults, and adoptions do not require a written motion, but a setting must be obtained under Local Rule 2.1.

For uncontested or agreed upon family matters, defaults, or adoptions, no written motion is required, but a setting shall be obtained following the Local Rule 2.1.

WARNING

Applies to

Temporary restraining order or temporary injunction request

A request for a temporary restraining order or temporary injunction must not repeat or address the standing order’s subject matter unless seeking to modify the standing order.

When requesting a temporary restraining order or temporary injunction, counsel shall not repeat or otherwise address the subject matter contained in the standing order except to seek a modification of the standing order.

WARNING

Applies to

Tro request

In a family law case, a TRO request to be served with citation may be presented ex parte if supported by an affidavit and the relief does not affect possession of or access to a child.

Notwithstanding Chapter 7, in a family law case, a request for a TRO to be served with citation may be presented ex parte if supported by an affidavit and if the relief would not affect the possession of or access to a child.

WARNING

Applies to

Trial financial records

The trial financial-records requirement does not replace any obligation to respond to discovery requests.

3. This Rule does not supersede any requirement to respond to discovery requests.

WARNING

Applies to

Draft judgment decree or order

So far as practicable, every draft of a judgment, decree, or order to be signed by a judge or associate judge shall be signed by all parties evidencing approval as to form before it is presented to the judge.

So far as practicable, every draft of a judgment, decree, or order to be signed by a judge or associate judge shall be signed by all parties evidencing approval as to form before it is presented to the judge.