Edwards County District Court Document Filing Requirements

CRITICAL

Applies to

TRO application

An application for a TRO or Protective Order without notice must be accompanied by a verified complaint or affidavit; testimony will not be heard except for an 83.06 Family Code Motion.

An application for a Temporary Restraining Order and/or Protective Order, to be granted without notice to the adverse party, will be considered only upon the application's verified complaint or affidavit accompanying the application, and, except for an 83.06 Family Code Motion, no testimony will be heard.

CRITICAL

Applies to

Request for setting

A trial setting request must be submitted in writing directly to the Court Coordinator at the Mason County Office; the requesting party should not file it with the Clerk.

A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Coordinator at the Mason County Office. The party requesting a setting should not file the Request for Setting with the Clerk.

CRITICAL

Applies to

Standing order

The Standing Order must be filed in each county court’s administrative orders and posted as a public notice at the county courthouse.

This Standing Order shall be filed in the administrative orders of the Court of each county and posted as a Public Notice at the County Courthouse.

CRITICAL

Applies to

Order setting

2. Upon receipt of the Request and Order Setting, the Court will set the case for trial on the merits and deliver a copy of the same to the District Clerk to certify who will then deliver a certified copy to each attorney. If item g. (1) in the Request for Setting is applicable, please send an Order Setting with an agreed hearing date and the Court will set a pre-trial hearing.

2. Upon receipt of the Request and Order Setting, the Court will set the case for trial on the merits and deliver a copy of the same to the District Clerk to certify who will then deliver a certified copy to each attorney. If item g. (1) in the Request for Setting is applicable, please send an Order Setting with an agreed hearing date and the Court will set a pre-trial hearing.

CRITICAL

Applies to

Original citation

Counsel must attach Appendix 1, the Standing Order Regarding Property and Conduct of Parties, to the original citation in every divorce and suit affecting the parent-child relationship.

The "Standing Order Regarding Property and Conduct of Parties in Divorce and Suits Affecting the Parent-Child Relationship" attached hereto as Appendix 1, is to be attached by counsel to the original citation in all suits of divorce and suits affecting the parent-child relationship.

CRITICAL

Applies to

Request for setting

Must include

case number, certificate of service

The Request for Setting shall contain the following: - a. The style and number of the case and the county where the case is pending; - b. The name, address and telephone number of the attorney making the request and the party represented; - c. The date on which the jury fee was paid; - d. A statement that the pleadings of the party requesting the setting are in order; - e. A statement that mediation has been completed or none is required. - (1) Pending mediation, all discovery is abated unless otherwise ordered by the Court. - f. A statement that all discovery has been completed or none is desired. - (1) If discovery is pending, the date on which discovery is expected to be completed; - g. A statement that all pre-trial matters have been disposed of or none is pending. - (1) If pre-trial matters are pending, the request for setting shall state the nature of same, the party asserting same, the estimated time for hearing same and possible dates for a pre-trial hearing which have been cleared with opposing counsel; - h. A statement that the party requesting the setting has made a good-faith effort to negotiate a settlement of the case and further efforts appear futile; - i. Possible dates for the trial of the case which have been cleared with opposing counsel. - (1) If opposing counsel will not agree to a date for trial, the dates proposed and the reason for opposing counsel's refusal to agree to same; - j. The estimated time of trial; - k. A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service; - l. The signature of the attorney making the Request; - m. An Order Setting with an agreed date should be attached to the Request.

The Request for Setting shall contain the following: - a. The style and number of the case and the county where the case is pending; - b. The name, address and telephone number of the attorney making the request and the party represented; - c. The date on which the jury fee was paid; - d. A statement that the pleadings of the party requesting the setting are in order; - e. A statement that mediation has been completed or none is required. - (1) Pending mediation, all discovery is abated unless otherwise ordered by the Court. - f. A statement that all discovery has been completed or none is desired. - (1) If discovery is pending, the date on which discovery is expected to be completed; - g. A statement that all pre-trial matters have been disposed of or none is pending. - (1) If pre-trial matters are pending, the request for setting shall state the nature of same, the party asserting same, the estimated time for hearing same and possible dates for a pre-trial hearing which have been cleared with opposing counsel; - h. A statement that the party requesting the setting has made a good-faith effort to negotiate a settlement of the case and further efforts appear futile; - i. Possible dates for the trial of the case which have been cleared with opposing counsel. - (1) If opposing counsel will not agree to a date for trial, the dates proposed and the reason for opposing counsel's refusal to agree to same; - j. The estimated time of trial; - k. A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service; - l. The signature of the attorney making the Request; - m. An Order Setting with an agreed date should be attached to the Request.

CRITICAL

Applies to

Motion

Must include

certificate of service

Every motion must list opposing counsel's name, address, phone number, and fax number under the Certificate of Service and must not use the specified generic service statement.

At the end of all MOTIONS, please include the opposing counsel's name, address, phone number and fax number under the Certificate of Service. Please do not put "...a copy has been sent to all opposing counsel."

CRITICALCivil cases

Applies to

Petition

If the Petitioner has not attached the Order when filing, the Clerk must ensure it is attached to the petition and every presented copy.

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

Order resetting

Send an Order Resetting with a cover letter informing the Coordinator of the agreed date.

- b. Send an Order Resetting with a cover letter advising the Coordinator of the agreed upon date.

CRITICALCivil cases

Applies to

Petition

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

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

CRITICAL

Applies to

Itemized statement

Court-appointed attorneys must provide an itemized statement of hours spent representing the indigent defendant, both in and out of court.

All court-appointed attorneys shall provide the Court an itemized statement reflecting the number of hours spent in Court in representation of an indigent defendant and the number of hours spent out of the Court representing said defendant.

CRITICAL

Applies to

TRO application

A without-notice TRO or Protective Order requires an accompanying verified complaint or affidavit stating specific facts and intelligible grounds for relief; conclusory allegations alone are insufficient even if verified.

No Temporary Restraining Order or Protective Order will be granted without notice to the adverse party unless the applicant's verified complaint or affidavit accompanying the application contains "specific facts," as required by Rule 680, T.R.C.P., and "a plain and intelligible statement of the grounds for such relief," as required by Rule 682, T.R.C.P. No such Temporary Restraining Order shall be granted upon a complaint or affidavit containing mere conclusions, even if verified.

CRITICAL

Applies to

Request for setting

A trial-setting request must be written, submitted directly to the Court Coordinator rather than filed with the Clerk, and contain the same information as a jury-trial request except for Item C.

A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Coordinator at the Mason County Office. The party requesting a setting should not file the Request for Setting with the Clerk. The contents of the Request for Setting shall be the same as a Request for Setting for jury trial except for Item C.

CRITICAL

Applies to

Request or cover letter

A request or cover letter must advise the Court that opposing counsel was contacted and is available for the requested hearing date.

## ALWAYS ADVISE THE COURT IN YOUR REQUEST OR COVER LETTER THAT YOU HAVE CONTACTED THE OPPOSING COUNSEL AND THAT THEY ARE AVAILABLE FOR HEARING ON THE DATE YOU HAVE REQUESTED.

CRITICAL

Applies to

Judgment decree or order

Within 60 days after the specified ruling or settlement announcement, counsel must put judgments, decrees, and orders in writing, forward them to opposing counsel for form approval, and deliver them to the Court for signing.

Within sixty (60) days after rendition, announcement of the Court's ruling or announcements of settlement by counsel, counsel shall cause all judgments, decrees or orders of any kind to be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered to the Court for signing.

CRITICAL

Applies to

Agreed scheduling order

For a jury trial, submit an Agreed Scheduling Order; the parties must agree on it, and only if they cannot agree should they set a hearing for the Court to enter one.

If setting a case for jury trial, an Agreed Scheduling Order shall be submitted to the Court. All Parties shall agree on the Scheduling Order and only in the event said agreement cannot be reached shall the parties set a hearing before the Court to enter a Scheduling Order.

CRITICAL

Applies to

Motion and order setting

After obtaining available dates, contact opposing counsel for an agreed date, enter it on the Order Setting, and send the Motion and Order to the Court Coordinator with a statement that the date is agreed.

After you have available dates, please contact opposing counsel to obtain a date that is agreeable to all parties. Once you have an agreed date, fill that date in on your Order Setting and forward both your Motion and Order, along with a statement that the date is an agreed date, to the Court Coordinator for entry with the Court.

CRITICAL

Applies to

Request for setting

When obtaining a trial date, submit an Order Setting with a Request for Setting that states the agreed date.

- a. Submit an Order Setting to the Court with a Request for Setting when obtaining a trial date or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.

CRITICAL

Applies to

Income and expense statement

For contested support hearings, each attorney must prepare and present the client’s complete written income and expense statement to the Court before the hearing.

The attorneys in all contested hearings concerning support shall prepare complete written income and expense statements as to their respective clients and present same to the Court prior to the hearing.

CRITICAL

Applies to

Inventory

When disputed assets exceed $250,000 in a contested property-division case, attorneys must prepare and submit a complete written inventory of the client’s marital and separate estate assets and liabilities before trial.

In all contested cases involving the division of property where value of assets in dispute exceeds $250,000, the attorneys shall prepare a complete written inventory of the assets and liabilities of the marital estate and of the separate estate of their respective client and submit same to the Court prior to trial.

CRITICAL

Applies to

Request for setting

A trial setting will be made only in response to a proper written Request for Setting.

a. A setting will be made only in response to a proper written Request for Setting.

CRITICAL

Applies to

Proposed jury questions

When the parties announce ready, each party must submit proposed jury questions to the Court.

3. At the time the parties announce ready, each party shall submit to the Court proposed jury questions.

CRITICAL

Applies to

Order setting

Order Settings must list all parties to be notified and provide attorneys' fax numbers or pro se litigants' addresses, as applicable.

At the bottom of all ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney's fax numbers. If they are pro se litigants, please give their addresses.

CRITICAL

Applies to

Ex parte order

Ex parte orders in family-law matters must satisfy Sections 11.11 and 71.15 of the Family Code.

Ex Parte Orders in family law matters must meet the requirements of Sec. 11.11 & 71.15 of the Family Code.

CRITICAL

Applies to

Ex parte application

When presenting an ex parte application, counsel must certify in writing whether the opposing party is unrepresented or, if represented, that counsel was notified and declines to be heard or that diligent notification efforts failed and circumstances prevent further notice.

Counsel presenting any application for an ex parte Order shall, at the time the application is presented to the Court, certify in writing that: - 1. To the best of counsel's knowledge, the party against who the relief is sought is not represented by counsel; or - 2. If the party against whom the relief is sought is represented by counsel, that (a) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (b) counsel presenting the application has diligently attempted to notify opposing counsel, has been unable to do so, and the circumstances do not permit additional efforts to give such notice.

CRITICAL

Applies to

Exhibits

In-person participants must bring their exhibits to the courtroom.

In-person participants must bring their exhibits to the courtroom.

CRITICAL

Applies to

Exhibits

Represented parties will submit their exhibits in digital form, as described above or on a USB thumb drive.

Represented parties will submit their exhibits in digital form, as described above or on a USB thumb drive.

WARNING

Applies to

Request for setting

- m. An Order Setting with an agreed date should be attached to the Request.

- m. An Order Setting with an agreed date should be attached to the Request.

WARNING

Applies to

Setting request

When setting or resetting a trial or pre-trial, advise the Court of the estimated hearing time and whether the case has been mediated.

- 2. When setting or resetting a case for trial, pre-trial, etc., please advise the Court the estimated time you will need for the hearing and whether or not the case has been mediated.

WARNING

Applies to

Itemized statement

An Order Paying Court-Appointed Attorney should be attached to the itemized statement.

An Order Paying Court-Appointed Attorney should be attached to the itemized statement.

INFO

Applies to

Order setting

An Order Setting need not be sent when requesting a setting for an uncontested or agreed divorce, default, name change, or adoption.

- 1. When requesting a setting for uncontested/agreed divorces, defaults, name changes or adoptions, you do not need to send an Order Setting.