Comal County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Child custody evaluator appointment

Parties who request a child custody evaluator must provide the evaluator with the order and initial contact information for all parties and counsel.

It shall be the responsibility of the parties requesting the child custody evaluator to provide the evaluator a copy of the order and the initial contact information for all parties and counsel.

CRITICALCivil cases

Applies to

Final pretrial announcements

At the final pretrial hearing, the parties must announce the anticipated trial length and whether the Defendant intends to have the Court or jury assess punishment.

At the final pretrial hearing, the parties will make their announcements for trial, providing the Court with their anticipated number of days for trial and whether or not the Defendant intends to go to the Court of the jury for punishment.

CRITICALCivil cases

Applies to

Pleading

Must include

ai disclosure

Attorneys and self-represented litigants filing pleadings must confirm either that AI was not used to generate the pleading or that they personally verified AI-generated information; signing certifies compliance.

All attorneys and Self-Represented Litigants who file pleadings with the Court shall confirm that artificial intelligence has not been used to generate the pleading or, if artificial intelligence is utilized, that the attorneys and/or Self-Represented Litigants have personally confirmed that the information generated by artificial intelligence is accurate. The signing of the pleading will serve as a certificate that the party and/or the Self-Represented Litigant, and all members of the attorneys' law firm, have complied with this rule.

CRITICALCivil cases

Applies to

Proof of completion

Proof of completion of the family stabilization program must be filed with the Clerk.

Proof of completion of the program must be filed with the Clerk.

CRITICALCivil cases

Applies to

Proposed division of property

At any contested hearing, the parties must provide the Court copies of their latest proposed division of property.

The parties shall provide copies of their latest proposed division of property to the Court at any contested hearing.

CRITICALCivil cases

Applies to

Proposed charge of the court

Each party must furnish its proposed Charge of the Court to the Court and all other parties’ counsel two business days before jury selection, unless a court order or written party agreement provides otherwise.

In all jury cases, each party shall furnish to the Court and counsel for all other parties that party's proposed Charge of the Court two (2) business days before jury selection unless otherwise provided by order of the Court or written agreement of the parties.

CRITICALCivil cases

Applies to

Motion

Except as provided in Rules 8 and 10, withdrawal or substitution may be granted without a hearing only if written client-signed consent is filed.

a. Except as provided in Rules 8 and 10 of the Texas Rules of Civil Procedure, a motion to withdraw or substitute will be granted without a hearing only if the moving attorney: motion to withdraw or by withdrawing counsel and new counsel on motion to Files written consents to the withdrawal/substitution signed by the client on a substitute, in a motion that complies with the Texas Rules of Civil Procedure.

CRITICALCivil cases

Applies to

Original divorce or sapcr petition

Original divorce and suits affecting the parent-child relationship petitions must include a copy of the Standing Order.

All Original Divorce or Suits Affecting Parent-Child Relationship Petitions shall have attached a copy of the Standing Order Regarding Children, Property and Conduct of Parties" ("Standing Order").

CRITICALCivil cases

Applies to

Pretrial paperwork

Paperwork for a negotiated plea or pretrial motion must be prepared in advance.

All paperwork shall be prepared in advance, whether it be a negotiated plea or a pretrial motion.

CRITICALCivil cases

Applies to

Co parenting seminar certificate

Unless good cause is shown, each parent must have a Co-Parenting Seminar completion certificate on file before the parties obtain a Final Decree of Divorce, Final SAPCR Order, or Modification Order.

Unless good cause is shown otherwise, a certificate of completion of a Co-Parenting Seminar must be on file for each parent prior to the parties obtaining a Final Decree of Divorce or Final SAPCR Order or Modification Order.

CRITICALCivil cases

Applies to

Notice of deposition

Must include

certificate of conference

A written deposition notice must contain a certificate of conference as described in Rule 1a.

Any written notice of deposition shall contain a certificate of conference as described in Rule 1a, above.

CRITICALCivil cases

Applies to

Proposed docket control order

In civil matters, the parties must submit a proposed docket control order before the first hearing or within 30 days after the last answer is filed, whichever occurs first.

For all civil matters, including family law matters, prior to the first hearing or within thirty (30) days after the last answer is filed, whichever is first, the parties shall submit to the Court a proposed docket control order.

CRITICALCivil cases

Applies to

Proposed judgment objection

A written objection to a proposed judgment must state the reasons for the objection and include any proposed new language; failure to provide written objections and alternative language may be deemed a waiver.

Any party objecting to a proposed judgment shall do so within five (5) business days of the filing of the proposed judgment and shall provide to all parties the reasons for the objection and any proposed new language. Failure to provide written objections and proposed alternative language may be deemed a waiver of objection to the proposed judgment or order.

CRITICALCivil cases

Applies to

Motion to set or notice of setting

A matter will not be set unless the Motion to Set or Notice of Setting has the required signature.

j. No matter will be set unless the Motion to Set or Notice of Setting has been signed by the Court Administrator/Coordinator or as directed by the specific court.

CRITICALCivil cases

Applies to

Final judgment

Final judgments in criminal sentencing cases must be presented to the Court at sentencing, unless the presiding Judge authorizes a brief delay for good cause.

Final judgments shall be presented to the Court at time of sentencing in all cases involving criminal sentencing, unless the Judge Presiding authorizes a brief delay for good cause shown.

CRITICALCivil cases

Applies to

Financial statement

The parties must exchange with opposing counsel a financial statement substantially similar in form to Form 4.2 of the Texas Family Law Practice Manual.

b. The parties shall also exchange with opposing counsel a financial statement in a form substantially similar to Form 4.2 of the Texas Family Law Practice Manual.

CRITICALCivil cases

Applies to

Proposed division of community estate

A proposed division of the community estate must identify the property and debts to be divided and their values.

Prior to any contested hearing involving division of the community estate, each party shall provide to the other party a proposed division of the estate setting out and identifying the property and debts to be divided and their values at least thirty (30) days prior to the contested hearing.

CRITICALCivil cases

Applies to

Jury waiver

A defendant requesting a trial before the Court must file a jury waiver signed and sworn to by the defendant and approved by defense counsel and the District Attorney.

If the defense attorney or Self-Represented Litigant defendant requests a trial before the Court, a jury waiver must be filed with the Court. The waiver is to be signed and sworn to by defendant and approved by defense counsel and District Attorney.

CRITICALCivil cases

Applies to

Financial forms

Copies of the financial forms must be available for the Court at any contested hearing involving child support or spousal support.

c. Copies of these financial forms shall be available for the Court for any contested hearing involving child support or spousal support.

CRITICALCivil cases

Applies to

Motion or request for relief

Must include

certificate of conference

A motion or request for relief set for hearing must include a Certificate of Conference describing the unsuccessful reasonable effort to resolve the dispute, substantially following either stated form.

All motions or requests for relief set for hearing must contain a Certificate of Conference by the filing party that a reasonable effort has been made to resolve the dispute without the necessity of court intervention and the effort failed. The Certificate of Conference should be in substantial compliance with the following language: "The undersigned 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 herein and agreements could not be reached" or "The undersigned 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."

CRITICALCivil cases

Applies to

Judgment

The Prosecutor must prepare all judgments in criminal cases.

The Prosecutor shall prepare all judgments in criminal cases.

CRITICALCivil cases

Applies to

Financial statements submitted for credit or loan

At contested child-support or spousal-maintenance hearings, each party must provide opposing counsel financial statements submitted within the previous two years to obtain credit or a loan, as soon as practical and no later than docket call on the hearing day.

a. In all contested hearings involving child support or spousal maintenance, each party shall comply with Texas Family Code Chapter 154.063 and provide any financial statements) submitted within the last two years for the purpose of obtaining credit or a loan and present same to opposing counsel as soon as practical but no later than docket call the day of the hearing.

CRITICALCivil cases

Applies to

Pretrial motion

Must include

caption, case number, proposed order

Each pretrial motion must have an Order attached on a separate page with the proper cause number and case style.

On pretrial motions, attach by separate page on all motions, an Order with the proper cause number and style of case.

CRITICALCivil cases

Applies to

Motion to set

Unless the Court orders otherwise, the requesting party must use a written Motion to Set that estimates the entire hearing or trial length, and Rule 1(a) must be satisfied before setting it.

All hearings and final trials must be set by way of a written Motion to Set by the requesting party unless otherwise ordered by the Court. The Motion to Set must include an estimated length of the entire hearing or trial. The hearing or final trial shall not be set unless Rule 1(a) has been complied with.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach this order to the original petition and each copy, and the Clerk must ensure it is attached at filing if the Petitioner has not done so.

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

CRITICALCivil cases

Applies to

Judgment or order

Before a judgment or order is presented to the Judge for signature, all attorneys must approve it as to form.

Every judgment or order to be signed by a Judge shall be approved as to form by all attorneys before it is presented to the Judge.

WARNINGCivil cases

Applies to

Motion to set

After a compliant objection is filed, the hearing-requesting party may reset the hearing to one of the objector’s available dates by filing and serving a Motion to Set.

If an objection complying with these rules is filed, the party requesting the hearing shall have the right to reset the hearing on any one of the available dates provided by the objecting party by filing and serving a Motion to Set pursuant to the TRCP and these Rules.

INFOCivil cases

Applies to

Proposed jury charges

The State and the Defense should be prepared to present proposed jury charges at the final pretrial hearing.

Both the State and the Defense should be prepared to present proposed jury charges to the Court at this hearing.