Cottle County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Motion

Must include

certificate of conference

All motions shall contain a “certificate of conference” by the party filing same that efforts to resolve the dispute without Court intervention have been attempted and failed and shall set forth specifically the efforts taken by date, action, and method.

All motions shall contain a “certificate of conference” by the party filing same that efforts to resolve the dispute without Court intervention have been attempted and failed and shall set forth specifically the efforts taken by date, action, and method.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A motion without the required certificate may not be set for hearing until the certification is filed.

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

CRITICAL

Applies to

Setting request

Setting requests must be written and timely delivered to the Court Administrator.

Be written and timely delivered to the Court Administrator;

CRITICAL

Applies to

Setting request

A setting request must identify whether the case is a jury or non-jury trial and estimate the time needed to try the entire case.

Advise that the case is either a non-jury or jury trial and the estimated time for trial for the entire case;

CRITICAL

Applies to

Setting request

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

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 counsel and self-represented parties.

Certify that a copy of the request has been duly delivered to all counsel and self represented parties.

CRITICAL

Applies to

Time estimate notice

If opposing counsel believes a time estimate is erroneous, that concern must be brought to opposing counsel and the Court Administrator in writing.

Estimates of time that opposing counsel believe to be erroneous shall be called to the attention of opposing counsel and the Court Administrator, in writing.

CRITICAL

Applies to

Motion for continuance

Unless all counsel consent in writing and the Court approves, a continuance request must be made by motion under the applicable Texas civil or criminal procedure provisions.

Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as amended or Article 29.01, et seq. of the Texas Code of Criminal Procedure, as applicable, and

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

All motions must be accompanied by an order setting the motion for a hearing.

All motions must be accompanied by an order setting the motion for a hearing.

CRITICAL

Applies to

Motion for continuance

A continuance motion based on a conflicting setting must identify that setting by style, docket number, and judge.

If the basis of a continuance is a conflicting setting, the motion must identify the conflicting setting by style, docket number, and judge.

CRITICAL

Applies to

Motion for continuance

A motion that fails to meet the stated continuance-motion requirements will be denied without prejudice to refiling.

Any motion that does not meet these requirements will be denied without prejudice to the right to refile.

CRITICAL

Applies to

Jury docket announcement

A jury announcement must state that reasonable settlement efforts were attempted and whether a bona fide settlement offer was rejected.

That all reasonable efforts to settle have been attempted and whether the announcing party has made a bona fide offer of settlement that has been rejected and;

CRITICAL

Applies to

Jury docket announcement

A jury announcement must estimate the time required for trial.

An estimate of the time required for trial;

CRITICAL

Applies to

Jury docket announcement

A ready announcement must state that all pretrial matters have been disposed of and all pretrial orders and local rules have been complied with.

If the announcement is “ready,” that all pretrial matters have been disposed of and all pretrial orders and the local rules have been complied with.

CRITICAL

Applies to

Jury docket announcement

A not-ready announcement must state the specific reasons the case is not ready.

If the announcement is “not ready,” the specific reasons shall be set out

CRITICAL

Applies to

Jury docket announcement

Every not-ready announcement must be accompanied by a detailed and proper motion for continuance.

All announcements of “not ready” shall be accompanied by a detailed and proper motion for continuance.

CRITICAL

Applies to

Jury docket announcement

A jury announcement must certify that the signer is the attorney in charge and that the information stated is true.

A certificate that the person signing is the attorney in charge and that the information set out is true.

CRITICAL

Applies to

Proposed jury charge

Each party must submit a proposed jury charge to the Court at or before the pretrial.

5.3. JURY CHARGES. Each party shall at or before the pretrial submit to the Court a proposed jury charge.

CRITICAL

Applies to

Proposed order

Must include

proposed order

The prevailing party must prepare a proposed order within 14 days after the hearing or ruling and promptly submit it to the Court.

The prevailing party shall prepare the proposed order within fourteen (14) days after the hearing or ruling and promptly submit the same to the Court.

CRITICAL

Applies to

Bankruptcy notice

Within three days of a bankruptcy filing, written notice must be provided to the Court and all counsel with the specified bankruptcy and counsel information.

9.7.1.2. within three (3) days of any bankruptcy filing, to provide written notice to the Court and all counsel that a bankruptcy filing has occurred giving the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing and the name and address of counsel for the bankrupt.

CRITICAL

Applies to

Bankruptcy conclusion notice

When a bankruptcy concludes, counsel must promptly notify the Court Administrator and include a copy of the bankruptcy order.

9.7.2. Conclusion of Bankruptcy. Once a bankruptcy has been concluded, whether by discharge, denial of discharge, dismissal or otherwise, counsel shall promptly notify the Court Administrator and shall include a copy of such bankruptcy order so that the affected case may be restored to the active docket or be dismissed as may be appropriate.

CRITICAL

Applies to

Order setting hearing

When spousal maintenance or child support is requested, the hearing-setting order must include the specified income-statement requirement.

9.8.1. PROOF OF INCOME In all Cases in which an order for spousal maintenance or child support is requested, the party seeking a hearing shall prepare an order setting hearing which includes the following language: “All parties to this action shall file and deliver to all parties, at least by the day preceding the hearing herein ordered, a written statement showing the accurate gross income of each party hereto for the last preceding three (3) calendar months and last preceding three (3) calendar years. This statement must include proof of income in the form of paystubs and tax returns.”

CRITICAL

Applies to

Property inventory

9.8.2. INVENTORIES. In all suits for dissolution of marriage in which the division of the parties’ property is contested, Petitioner shall, not later than fifteen (15) days prior to trial, file a complete, sworn itemized inventory and appraisement of all property belonging to the parties to the marriage, including separate property and community property as well as any property belonging to the children. The inventory of each party shall be filed setting forth the list of property with the values assigned to each such item of property shown to the right of the description of such property. Not less than eight (8) days prior to trial, Respondent shall file an inventory so a comparison of properties and values can be made. Items of property on Respondent’s inventory but not on Petitioner’s shall be at the end of the appropriate category.

9.8.2. INVENTORIES. In all suits for dissolution of marriage in which the division of the parties’ property is contested, Petitioner shall, not later than fifteen (15) days prior to trial, file a complete, sworn itemized inventory and appraisement of all property belonging to the parties to the marriage, including separate property and community property as well as any property belonging to the children. The inventory of each party shall be filed setting forth the list of property with the values assigned to each such item of property shown to the right of the description of such property. Not less than eight (8) days prior to trial, Respondent shall file an inventory so a comparison of properties and values can be made. Items of property on Respondent’s inventory but not on Petitioner’s shall be at the end of the appropriate category.

CRITICAL

Applies to

Requested division document

At the final hearing of a contested property-division divorce, counsel and self-represented parties must present a document listing the requested division of community assets and liabilities and separate property and liabilities for each spouse.

9.8.3. REQUESTED DIVISION OF COMMUNITY ESTATE. Counsel for each spouse and each self represented party shall present to the Court at the final hearing of a contested property division divorce case a document containing the following: 9.8.3.1. Community assets requested to be awarded to the wife; 9.8.3.2. Community assets requested to be awarded to the husband; 9.8.3.3. Community liabilities requested to be awarded to the wife; 9.8.3.4. Community liabilities requested to be awarded to the husband; 9.8.3.5. Assets requested to be confirmed as separate property of the wife; 9.8.3.6. Assets requested to be confirmed as separate property of the husband; 9.8.3.7. Liabilities requested to be confirmed as separate liabilities of the wife; 9.8.3.8. Liabilities requested to be confirmed as separate liabilities of the husband.

CRITICAL

Applies to

Self represented divorce final hearing request

Must include

proposed order

A self-represented divorce will not be granted unless a proposed final decree is submitted with or before the request to set a final hearing.

9.8.4. SELF-REPRESENTED LITIGANTS IN FAMILY MATTERS. 9.8.4.1. The Court will not grant a self represented divorce unless and until a proposed final decree is submitted to the Court along with or prior to the request for a setting for final hearing.

CRITICAL

Applies to

Proposed final order or decree

Every proposed final order or decree must describe the parties’ appearances and include a waiver of a record for approval without a hearing.

9.8.4.4. Every proposed final order or decree must properly describe the appearances of the parties and contain a waiver of a record to be considered for approval without a hearing.

CRITICAL

Applies to

Arraignment waiver

Each defendant and any counsel must appear in person for arraignment unless a written waiver of arraignment has been filed.

10.3.1. Each Defendant and counsel, if any, shall appear in person for arraignment unless a written waiver of arraignment has been filed.

WARNING

Applies to

Proposed divorce decree

In a self-represented divorce involving minor children, the Court will not grant the divorce or sign the proposed decree if it deems provisions about conservatorship, child support, or visitation ambiguous, incomplete, or unenforceable.

9.8.4.2. In any self-represented divorce that involves minor children, the Court will not grant or pronounce the divorce and sign the proposed decree if, in the opinion of the Court, the proposed decree contains language or provisions regarding conservatorship, child support or visitation rights which the Court deems to be ambiguous, incomplete or unenforceable.