Duval County District Court, Texas Document Filing Requirements

CRITICALCriminal cases

Applies to

Documents relating to the person

The booking officer must note the person’s arrest time on all documents relating to that person.

At the time of booking, the booking officer shall determine from the arresting or transporting officer the time of the arrest of the person and shall note said time on all documents relating to the person.

CRITICALCriminal cases

Applies to

Duplicate booking record

The Magistrate or representative must file the duplicate booking record with the Clerk and note the person’s delivery time.

The Magistrate or his/her representative shall file with the District/County Clerk the duplicate booking record in the cause and shall note the time of delivery of the person.

CRITICALCriminal cases

Applies to

Record

A record must document the advisement of the right to counsel, the inquiry about requesting counsel, and whether counsel was requested.

a. A record shall be made of the Magistrate informing the person of the person's right to the appointment of counsel, the magistrate asking the person whether the person wants to request appointment of counsel, and whether the person requested the appointment of counsel.

CRITICALCriminal cases

Applies to

Written forms

The record of a request for counsel must consist of written forms, and the completed forms must be filed with the cause.

b. The record concerning the request for counsel shall consist of written forms. The completed written forms shall be filed with the cause.

CRITICALCriminal cases

Applies to

Documentary records

All documentary records must be maintained in the official file of the cause.

c. All documentary records shall be maintained in the official file of the cause.

CRITICALCriminal cases

Applies to

Application for appointment

The application for appointment must use the form promulgated by the Court.

a. Form of the application shall be in the form promulgated by the Court.

CRITICALCriminal cases

Applies to

Application for appointment

The application form must inquire about the applicant’s biographical, educational, licensing, certification, continuing education, trial experience, disciplinary, and other pertinent data.

b. The form shall inquire about an applicant's biographical, educational, licensing, certification, continuing education, trial experience, disciplinary, and other pertinent data.

CRITICALCriminal cases

Applies to

Application for appointment

The application form must ask which case or proceeding categories the applicant seeks appointments for, including the listed categories.

c. The form shall also inquire whether the application is for all cases or limited to misdemeanors only; to felonies only; for both misdemeanors and felonies; community supervision revocation motions only; for jury trial; for mental competency proceedings; for capital cases; for appeals only; for post-conviction proceedings, including writs of habeas corpus, motions for DNA testing, and such other proceedings as determined by the Courts.

CRITICALCriminal cases

Applies to

Motion

Motions in the case must be filed in the name of lead counsel, even if another counsel prepared or signed them.

All motions filed in the case shall be filed in the name of lead counsel, whether prepared or signed by other counsel.

CRITICALCriminal cases

Applies to

Order of appointment

Each appointment must be made by an Order of Appointment that notes the appointment’s date and time.

Each appointment shall be by an Order of Appointment, which shall note the date and time of appointment.

CRITICALCriminal cases

Applies to

Fee application

Counsel seeking payment must submit the Court’s written fee-application form at disposition or within five days after services are completed, with supporting expense documentation attached.

Counsel requesting payment must submit a written fee application in the form promulgated by the Court at the time of the disposition of the case or within five (5) days of the completion of services. The application must have attached to it any documentation to support expenses, including charges by investigators.

CRITICALCriminal cases

Applies to

Investigator or expert appointment or petition for discretionary review

Written approval is required before appointing an investigator or expert witness, or filing a petition for discretionary review, and before incurring the associated expenses.

The appointment of an investigator or an expert witness and the filing of a petition for discretionary review must first be approved in writing before such expenses may be incurred.

CRITICALCriminal cases

Applies to

Arraignment notice

The Magistrate must provide the Defendant with written arraignment notice in the form approved by the Courts.

c. The Magistrate shall provide written notice of the arraignment to the Defendant in the form approved by the Courts.

CRITICALCriminal cases

Applies to

Arraignment notice acknowledgment

The Defendant must acknowledge in writing receipt of the arraignment notice.

d. The Defendant shall acknowledge in writing his/her receipt of the notice of arraignment.

WARNINGCriminal cases

Applies to

Motion

Counsel may seek a variation from the compensation schedule by written motion setting forth good cause.

g. Upon written motion setting forth good cause, the Court may vary from the foregoing schedule to fairly compensate counsel in a particular case.