El Paso County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Agreed continuance motion

For an agreed continuance, the requesting party must prepare a written agreement signed by all attorneys, file the motion with the district clerk, and present it with an order setting a hearing or mediation to the judge.

Requesting party must prepare a written agreement, all attorneys must sign, and the motion filed with the district clerk. The agreed motion shall be accompanied by an order setting hearing or mediation and presented to the judge.

CRITICAL

Applies to

Visitation order

The visitation order must be filed with the district court and served on all parties.

The order must be filed with the district court and served upon all parties.

CRITICAL

Applies to

Jury trial setting request

A written jury-trial-setting request must be submitted to the court coordinator with a copy to all other attorneys, after a jury has been demanded, the jury fee paid, and the certificate of readiness filed.

A request for a jury trial setting shall be made in writing (with a copy to all other attorneys) with the court coordinator of the court in which the case is filed, at any time after jury has been demanded, the jury fee has been paid, and the certificate of readiness has been filed in the case.

CRITICAL

Applies to

Proposed order or decree

A proposed order or decree submitted to an associate judge for ratification or approval by the referring court must include a signature line for the “Judge Presiding.”

All proposed orders or decrees submitted to an associate judge which must be ratified or approved by the referring court shall include a signature line for the “Judge Presiding.”

CRITICAL

Applies to

Child protection case pretrial documents

Statements of paternity and affidavits of status must be brought to the pretrial and filed by the full adversary hearing.

Statements of paternity and affidavits of status shall be brought to the pretrial and filed by the full adversary hearing.

CRITICAL

Applies to

Filed paper

Every paper filed by a self-represented party must contain that party’s current address, email address, and phone number.

Such filed papers shall always contain the current address, email address, and phone number of the self-represented party.

CRITICAL

Applies to

Ad litem report

Guardians ad litem must file an Ad Litem report three days before the hearing.

Shall file an Ad Litem report three (3) days before hearing

CRITICAL

Applies to

Application for immediate or temporary relief

Except in emergencies when the clerk’s office is closed, an application for immediate or temporary relief must be filed and assigned to a court before it is presented to a judge.

Except in emergencies, when the clerk’s office is not open for business, no application for immediate or temporary relief shall be presented to a judge until it has been filed and assigned to a court as is provided in these rules.

CRITICAL

Applies to

Application for ex parte relief

An application for ex parte relief must state whether the opposing party is represented, identify counsel if known, and state whether counsel or the party has been apprised of the application.

All applications for ex parte relief shall state whether, within the knowledge of applicant and applicant’s attorney, the opposing party is represented by counsel and, if so, the name of such counsel, and whether or not such counsel/party has been apprised of the application for ex parte relief.

CRITICAL

Applies to

Notice of stay

A party whose case is stayed must promptly file a notice describing the grounds for the stay.

If a case is required to be stayed pursuant to any law, such as protection under the bankruptcy laws, suggestion of death, the Servicemembers Civil Relief Act, or abatement, the party must promptly file a notice of stay describing in detail the grounds for the stay.

CRITICAL

Applies to

Visitation change agreement

A visitation change requires agreement by all parties on supervision, frequency, times, and locations, with the agreements signed by all affected parties.

All parties must agree on supervision, frequency, times and locations of visitations. The agreements must be signed by all affected parties in order for the change to occur.

CRITICAL

Applies to

Motion

Must include

proposed order

All motions must include an attached proposed order granting the requested relief.

All motions shall be in writing and shall have a proposed order attached granting the relief sought.

CRITICAL

Applies to

Notice of agreed placement change

A notice of an agreed school-placement or substitute-care-placement change must be filed with the court.

A notice of the agreed change must be filed with the court.

CRITICAL

Applies to

Filed paper

Every paper filed by a self-represented party must include the party’s current address, email address, and phone number.

Such filed papers shall always contain the current address, email address, and phone number of the self-represented party.

CRITICAL

Applies to

Hearing notice

The hearing notice must state the hearing’s date, time, and manner and the particular matter to be considered, and a copy must be filed with the clerk.

(B) The requesting party shall then promptly serve all other parties with notice of the date, time, and manner of the hearing and of the particular matter which will be considered at such time and shall file a copy of such notice with the clerk.

CRITICAL

Applies to

Serious incident report

A serious incident report must be filed when an incident violates a court order or endangers a child’s health or safety, and must describe any incident-justified cessation of visitation or placement changes.

Serious incident reports shall be filed in all cases where the incident violates a court order or places the children in danger of health or safety. Cessation of visitation or changes in placement justified by the incident shall be included in the specific incident report.

CRITICAL

Applies to

Notice of stay

After the grounds for a stay are discharged or concluded, the party who filed the initial notice must file written notice with the affected courts.

Once the grounds for stay are discharged or concluded, the party who filed the initial notice of stay must file a notice in writing to the affected courts.

CRITICAL

Applies to

Application for ex parte relief

An application for ex parte relief must state whether the opposing party is represented, identify counsel if applicable, and state whether counsel or the party has been apprised of the application.

All applications for ex parte relief shall state whether, within the knowledge of applicant and applicant’s attorney, the opposing party is represented by counsel and, if so, the name of such counsel, and whether or not such counsel/party has been apprised of the application for ex parte relief.

CRITICAL

Applies to

Filed paper

Every paper filed by a self-represented party must contain that party’s current address, email address, and phone number.

Such filed papers shall always contain the current address, email address, and phone number of the self-represented party.

CRITICAL

Applies to

Mediator report

The mediator must provide the court with a report stating whether a settlement was obtained.

The mediator shall provide to the court a report as to whether or not a settlement was obtained.

CRITICAL

Applies to

Ex parte application

An application for ex parte relief must state whether the opposing party is represented, identify counsel if applicable, and say whether counsel or the party has been informed of the application.

All applications for ex parte relief shall state whether, within the knowledge of applicant and applicant’s attorney, the opposing party is represented by counsel and, if so, the name of such counsel, and whether or not such counsel/party has been apprised of the application for ex parte relief.

CRITICAL

Applies to

Order

An order submitted for signature must reflect the opposing counsel’s or party’s approval as to form or substance; without approval, a motion for entry or order may be heard before signature.

Any order presented for the court’s signature must reflect approval as to form or substance of the opposing counsel or party. Absent such approval, a motion for entry or order may be heard before the court will sign the order.

CRITICAL

Applies to

Proposed jury charge

The proposed jury charge must include any special issues or requested special instructions that are reasonably anticipated.

Parties shall provide a hard copy and an editable electronic version of the proposed jury charge including any special issues or requested special instructions that are reasonably anticipated.

CRITICAL

Applies to

Transcript request

A court-appointed Attorney Ad Litem seeking a transcript of a hearing before the associate judge must file a motion requesting the transcript.

Court-appointed Attorney Ad Litems requesting a transcript of a hearing held before the associate judge must file a motion requesting a hearing transcript.

CRITICAL

Applies to

Written objection

A party whose objection to the date, time, or manner of a non-jury matter cannot be resolved by conference must file a written objection stating its grounds as soon as reasonably possible.

(C) Any party who has an objection to the date, time, or manner of the non-jury matter, which cannot be resolved by conference with other parties and the court coordinator, shall as soon as is reasonably possible file a written objection, stating the grounds therein, for the court’s discretionary resolution.

CRITICAL

Applies to

Admitted trial exhibits

Parties must prepare an electronic copy of admitted trial exhibits for the court reporter to prepare the reporter’s record.

Parties shall prepare an electronic copy of admitted trial exhibits which are to be provided to the court reporter for preparation of the reporter’s record.

WARNING

Applies to

Motion

Motion requiring immediate disposition should be submitted with a motion and order setting hearing attached.

Motion requiring immediate disposition should be submitted with a motion and order setting hearing attached.

WARNING

Applies to

Emergency placement agreement

An emergency placement outside El Paso County may occur without a hearing only under an agreement signed by the child’s Ad Litem and TDPRS.

Emergency placements outside El Paso County may be done without hearing only if by agreement signed by the Ad Litem for the child and TDPRS.

WARNING

Applies to

Agreed motion or order

Agreed motions and orders must be granted without a hearing when all affected parties agree; agreement may be by signature or verbal agreement memorialized in the order.

Agreed motions and orders by all affected parties shall be granted without hearing if all parties are in agreement. Agreements can be made through signature or by verbal agreements memorialized in the order.

WARNING

Applies to

Petition or answer filing

When a petition or answer is filed, the court clerk must provide a self-represented party with a copy of Rule 1.02.

the courts shall provide a self-represented party a copy of this Rule 1.02 at the time a petition or an answer is filed.

WARNING

Applies to

Visitation motion

Between review hearings, a party may submit a written, file-stamped visitation motion with a proposed order, prior visitation orders, and clearly stated requested changes and reasons.

Between review hearings any party may present a written file stamped motion and proposed order regarding changes in visitation or requests. The motion shall include previous visitation orders along with clearly articulated requested changes and reason for change.