Ellis County District Courts Document Filing Requirements

Applies to

Final pretrial filing

A witness list is a required final pretrial filing.

Witness list;

Applies to

Final pretrial filing

An exhibit list is a required final pretrial filing.

Exhibit list;

Applies to

Final pretrial filing

A concise written statement of significant legal or evidentiary issues is a required final pretrial filing.

Concise written statement of significant legal and/or evidentiary issues; and

Applies to

Final pretrial filing

A detailed set of findings of fact and conclusions of law is a required final pretrial filing.

A detailed set of Findings of Fact & Conclusions of Law.

Applies to

Expert witness designation

The expert designation information must include the expert's name, address, and telephone number.

1. the expert’s name, address, and telephone number;

Applies to

Motion

Must include

proposed order

If an otherwise qualifying motion is not opposed, it must be accompanied by a proposed order signed by all attorneys indicating approval.

If not opposed, the moving party shall accompany the motion with a proposed order signed by all attorneys indicating the approval of the same.

Applies to

Motion

Must include

certificate of conference

For all motions not covered by the specific pre-hearing communication rule, the court-provided certificate of conference must be attached to the motion and signed by the attorney in charge.

The following certificate shall be attached to the motion for all other motions and signed by the attorney in charge.

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must be accompanied by a certificate of conference or the Court will not consider it or set it for hearing.

However, no attorney shall file a discovery motion without first conferring with opposing counsel, and no motion will be considered by the Court or set for a hearing unless it is accompanied by a certificate of conference, in accordance with the Court's Instructions, Rules and Procedures.

Applies to

Discovery log

Before trial begins, the State and Defense must submit a written discovery log acknowledging the disclosure and receipt of all material provided to the Defense under Article 39.14.

Prior to the start of trial, the State and Defense shall submit to the Court a written discovery log, acknowledging the disclosure and receipt of all documents, items, and information provided to the Defense in accordance with the Code of Criminal Procedure Article 39.14.

Applies to

Contested final hearing setting request

Before requesting a contested final hearing setting, parties must complete the online co-parenting class and provide documentation to the court, except in IV-D child-support cases.

1.4 The parties are ordered to take and complete the "Between Two Homes" online co-parenting class and provide documentation to this court before requesting a setting for any contested final hearing, except for IV-D (child support) cases.

Applies to

Motion for continuance

Must include

certificate of conference

Every motion for continuance must include a certificate of conference documenting the parties' good-faith but unsuccessful effort to resolve the dispute.

2. All Motions for Continuance and Motions to Sign must include a “Certificate of Conference” documenting that the parties have made a good faith effort to resolve the dispute at issue and have failed.

Applies to

Proposed scheduling order

Contested divorce and SAPCR matters expected to require more than two hours at final trial must submit a proposed scheduling order for court approval.

A). Submit a proposed scheduling order for approval of the court

Applies to

Proposed findings conclusions

Within ten days of a request for Findings of Fact and Conclusions of Law, the requesting and responding parties must prepare proposed findings in a form suitable for the judge's signature.

9. 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 of Fact and Conclusions of Law in a form appropriate for the Judge's signature within ten (10) days of request.

Applies to

Written notice of declination

A party declining to prepare proposed Findings of Fact and Conclusions of Law must notify the court in writing of the declination within ten days of the request.

9. 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 of Fact and Conclusions of Law in a form appropriate for the Judge's signature within ten (10) days of request. If either Party wishes to exercise an option to not prepare proposed Findings of Fact and Conclusions of Law, then that Party is Ordered to notify the Court in writing that the declination is made within said ten (10) days.

Applies to

Scheduling order

The scheduling order must be approved by counsel, with each attorney’s name, signature, and email address provided.

Approved by Counsel (Name, Signature, and Email Address of each Attorney):

Applies to

Motion

A party must state in its motion the amount of time requested for a contested hearing.

Time Limits on Motions Parties will designate the amount of time needed for a contested hearing in their motion so the Court may schedule accordingly.

Applies to

Motion

A motion requesting more than 20 minutes for a contested bond hearing should state the need and explain why the additional time is necessary.

If more than 20 minutes is needed for a contested bond hearing, it should be noted in the motion along with the reason why more time is necessary.

Applies to

Discovery motion

When additional particularized discovery is needed, the Defense may file a written motion addressing a matter not covered by the Standing Order, and the motion must be presented at the earliest opportunity before trial.

In the event that additional, particularized discovery is necessary, the Defense may file a written motion for discovery concerning a matter not addressed in this Order, and any such motion shall be presented to the Court at the earliest opportunity before trial.

Applies to

List of relief requested

Each party must furnish the court a list of all requested relief without commentary or reasons, with specified shorthand references preferred.

4. Each Party shall furnish the Court a list of all relief requested without commentary or the reason for the request; Shorthand references such as standard or expanded visitation; Standard code conservator rights; Ellis County standard injunctions, etc. are acceptable and preferred.

Applies to

Order

Unless the parties agree or the court orders otherwise, the prevailing party must draft the order.

13. In the absence of an agreement or unless otherwise ordered by the court, the prevailing party will draft the order.

Applies to

Order

When the prevailing pro se party's request is being pursued by a represented party, counsel for the requesting party must draft the order absent an agreement or contrary court order.

13. In the absence of an agreement or unless otherwise ordered by the court, the prevailing party will draft the order. If the prevailing party is pro se, and the requesting party is represented, then the counsel for the requesting party will draft the order.