Judge Reed A. Filley
Individual Rules, Standing Orders & Policies
- Rules last changed:
Document Format Requirements3 rules
All exhibits shall clearly identify the sponsoring party and exhibit number.
Every individual page ofa group exhibit should be marked,i.e. Father's Ex 1 page 1, Father's Ex 1, page 2, etc.
Not necessary to remark exhibits because ofelection to not introduce some,i.e. can introduce 1,2,and 4 without 3.
Document Filing Requirements10 rules
In accordance with HB 1973, when a Petition is filed in a Suit Affecting the Parent-Child Relationship, the Petitioner shall additionally submit to the court a certified copy of the child’s birth certificate if available to the Petitioner.
Instead, said birth certificate shall be delivered in person by the Petitioner to the court at the first available in-person hearing.
If income is relevant. Parties should have a firm grasp of his or her own current income or income from the preceding year and be prepared to declare same. Parties are ordered to furnish last tax returns filed with I.R.S.
All Motions for Continuance mustinclude a "Certificate ofConference" documenting that the parties have made a good faith effort to resolve the dispute at issue and have failed.
- Document
- Motion for continuance
Include
- •Certificate of conference
If Findings of Fact and Conclusions of Law are requested of the Court by either Party, the other Party is Ordered to be noticed and each is Ordered to prepare proposed Findings ofFact and Conclusions of Law in a form appropriate for the Judge's signature within ten (10) days of request.
Prior to ANY hearing(Temporary or Final)each Party shall furnish the Court a list ofall relief requested without commentary and without the reason for the request.
If a Divorce pleading is served by publication, either 1) filing of a statement that they own nothing of value and they have no minor children, or 2) an Order Appointing an Attorney Ad Litem to represent the respondent will be required.
Before any Default Judgment will be granted, a Certificate of Last Known Address and an Affidavit of Military Status must first be filed in the case.
In the absence of an agreement or unless otherwise ordered by the court, the prevailing party in a hearing will draft the order. If the prevailing party is pro se and the other party is represented, counsel for the other party will draft the Order.
However, deviations from any standard must be as specific as an Order, e.g. request for supervised visitation must contain where, how and with whom.
Filing & Service rules
Electronic Filing Rules
Any birth certificate must be referenced in the filing but must not be e-filed.
IT IS ORDERED that any birth certificate shall be referenced in the filing, but NOT eFiled.
Civil cases
Page 1 | Standing Order (Regarding HB 1973)
Sensitive-data exhibits or attachments must be referenced in the filing, not e-filed, and forwarded to the court by email.
IT IS ORDERED that any filing that includes an exhibit or attachment that contains any sensitive data, including but not limited to photos of children and/or photos showing any injuries, said exhibit or attachment shall be referenced in the filing, but NOT ePiled. Instead, said exhibit or attachment shall be forwarded to the court via email.
Page 1 | Regarding Exhibits or Attachments
Service and Proof of Service Rules
When either party requests findings and conclusions, the other party must be notified, and each party must prepare proposed findings and conclusions in signature-ready form within 10 days of the request.
If Findings of Fact and Conclusions of Law are requested of the Court by either Party, the other Party is Ordered to be noticed and each is Ordered to prepare proposed Findings ofFact and Conclusions of Law in a form appropriate for the Judge's signature within ten (10) days of request.
Page 1 | Pretrial Order
Each party must notify the other party of identifying information for all expert and public-service witnesses and provide a summary of their expected testimony.
Each Party shall notice the other with identifying information of all expert wimesses and all public service wimesses. i.e. police officers, CPS personnel and a summary of their expected testimony.
Page 1 | Pretrial Order
Exhibits should be marked and exchanged before trial.
All exhibits should be marked and exchanged prior to trial.
Page 1 | Pretrial Order
Sealing & Redaction Procedures
The District Clerk must promptly seal and keep confidential covered mental-health reports in felony criminal cases; they may not be unsealed or disclosed without District Court approval, subject to the cited statutory exceptions.
IT IS ORDERED that the office of the District Clerk of Dawson, Gaines, Garza and Lynn Counties, Texas shall promptly seal and maintain as confidential all written reports, assessments and mental health evaluations that are filed in felony criminal cases in the District Court of Dawson, Gaines, Garza and Lynn County, Texas, in which a person's competency to stand trial, sanity, or other mental health condition(s) is I are at issue and have been addressed. Subject to the exceptions stated in Articles 468 & 46C, Texas Code Criminal Procedure; IT IS FURTHER ORDERED that any such filed evaluations, assessments and reports shall not be unsealed or disclosed to any person or entity, unless disclosure of same has been otherwise ordered and approved by the District Court of Dawson, Gaines, Garza and Lynn Counties, Texas.
Criminal cases
Page 1 | STANDING ORDER (Regarding Mental Health Condition)
Pre-Motion Conference Requirements
Summary judgment pleadings are heard by submission, unless the Court grants a submitted written order for an exception.
The Judge of the 106"'' Judicial District finds and holds that, unless a written Order for exception has been submitted and granted by the Coturt, all summary judgment pleadings will be heard by submission rather than oral hearing.
Civil cases
Page 1 | Regarding Summary Judgments
Chambers Communication Rules
If children are in school, the requesting party must notify the Court before the hearing to obtain instructions about the interview’s time and place.
If the children are in school, the Party making the request shall notify the Court prior to the hearing in order to receive instructions from the Court as to the time and place for the interview.
Page 2 | Pretrial Order
A party requesting findings and conclusions must file the request with the Clerk and immediately notify the Court Coordinator that it was filed.
In addition to filing Request for Findings of Fact and Conclusions of Law with the Clerk, the Party requesting them is Ordered to immediately notify the Court Coordinator that such has been filed.
Page 2 | Pretrial Order