Erath County District Court Document Filing Requirements

CRITICAL

Applies to

Attached form

Must include

ai disclosure

Self-represented litigants and attorneys using AI for legal research or drafting must sign and submit the attached certification before using AI-generated information in a court submission or proceeding.

All self-represented litigants and attorneys who utilize any form of artificial intelligence for legal research or drafting in connection with a case shall before using any AI-generated information in a court submission or proceeding sign and submit the attached form, certifying that: 1. all language, quotations, sources, citations, arguments, and legal analysis created or contributed to by generative artificial intelligence were, before submission, verified as accurate through traditional (non-AI) legal sources by a human being; and 2. that the self-represented litigant or attorney submitting such information understands and acknowledges that they are and will be held responsible and potentially sanctioned for their or their co-counsel's failure to comply with this Order.

CRITICALCivil cases

Applies to

Petition

The petitioner must attach this order to the original petition and each copy when filing; if omitted, the Clerk must attach it to the petition and every copy presented.

The petitioner shall attach a copy ofthis order to the original petition and to each copy ofthe petition 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 ofthe petition, the Clerk shall ensure that a copy ofthis order is attached to the petition and every copy of the petition presented.

CRITICALCivil cases

Applies to

Petition

Upon filing an original petition, suit affecting the parent-child relationship, or modification, the petitioner must certify in writing that they received and reviewed the entire order.

The Petitioner shall certify in writing that he/she has received and reviewed the entire contents of this Order upon fiUng of an original petition,suit affecting the parent-child relationship, or modification.

CRITICALCivil cases

Applies to

Certificate of conference

Must include

certificate of conference

A Certificate of Conference showing that the required conference occurred must be on file before any Temporary Orders hearing.

A Certificate of Conference establishing that this requirement has been met, must be on file prior to any hearing for Temporary Orders.

CRITICALCivil cases

Applies to

Composite inventory

In a divorce suit, each party must confer, prepare, and deliver a Court-approved Composite Inventory at least 10 days before trial, setting out all agreed and disputed matters.

12.1 In a divorce suit, each party shall confer, prepare and cause to be delivered at least ten (10)days prior to trial, a Composite Inventory in the form approved by the Court and fully setting out all agreed and disputed matters.

CRITICALCivil cases

Applies to

Proposed support decision

In suits requiring a determination of child support or spousal maintenance, each party must deliver a completed, signed Court-approved Proposed Support Decision at least three days before trial, or the parties may deliver one agreed decision signed by both.

12.2 In any suit requiring a determination of child support or spousal maintenance, each party shall prepare and deliver at least three days prior to trial, a Proposed Support Decision in the form approved by the Court, fully completed and signed by the party, or a single agreed Proposed Support Decision signed by both parties.

CRITICALCivil cases

Applies to

Proposed parenting plan

In suits requiring a determination of conservatorship or child possession and access, each party must deliver a completed, signed Court-approved Proposed Parenting Plan at least three days before trial, or the parties may submit one agreed plan.

12.3 In any suit requiring a determination ofconservatorship, or possession and access to a child, each party shall prepare and deliver at least three days prior to trial, a Proposed Parenting Plan, pursuant to TEX.FAM.CODE.ANN. §153.603, fully completed and signed by the party, or a single agreed parenting plan is acceptable. The form of the Plan shall be approved by the Court.

CRITICALCivil cases

Applies to

Proposed disposition of other issues

In any suit subject to Section 12, each party must deliver a Proposed Disposition of Other Issues at least three days before trial, listing in separate brief complete sentences each requested trial decision not covered by the specified other documents.

12.4 In any suit subject to Section 12, each party shall also prepare and deliver at least three days prior to trial, a Proposed Disposition of Other Issues, which shall state separately in brief complete sentences each trial decision that is sought by the party that is not covered by the Composite Inventory or Proposed Support Decision or Proposed Parenting Plan.

CRITICAL

Applies to

Setting request

A written request for a setting must certify the listed matters, and use of the Appendix D form letter satisfies the requirements.

Written request for a setting shall certify: a. That the requesting party's pleadings are in order; b. Whether or not a pre-trial setting is necessary; c. That service has been perfected on all necessary parties; d. That a jury fee, if applicable, has been paid; and e. That a copy of the request has been served on all counsel and pro se parties. The use of Form Letter set out in Appendix "D" appended hereto will comply with the foregoing requirements.

CRITICAL

Applies to

Notice of representation

Immediately upon employment or appointment, defense counsel must give the District Attorney and District Clerk written notice stating the accused’s name, charged offenses, and cause number if known.

Immediately upon employment or Court appointment, the defense attorney shall give written notice thereof to the District Attorney and the District Clerk stating the name of the accused, the offense(s) charged and cause number, if known.

CRITICAL

Applies to

Financial inability claim

A claimed inability to afford counsel must be supported by evidence or a sworn affidavit.

Claimed financial inability to employ counsel shall be supported by evidence or sworn affidavit.

CRITICAL

Applies to

Agreement to reset and plead guilty

If the District Attorney and defense counsel reach a plea agreement, the Agreement to Reset and Plead Guilty must be signed and approved by the Court by 5:00 p.m. on the Thursday before a jury trial week.

If a plea agreement has been reached by the District Attorney and defense counsel, an Agreement to Reset and Plead Guilty must be signed and approved by the Court by 5:00 o'clock p.m. on the Thursday preceding a jury trial week.

CRITICAL

Applies to

Sworn affidavit

Must include

specific language

Appointed attorneys representing indigent criminal defendants must complete at least six hours of criminal-law CLE annually and file a sworn affidavit verifying completion by December 31 each year.

Attorneys accepting appointments to represent indigent defendants in criminal cases shall familiarize themselves with and shall comply with the Local Indigent Defense Rules and Plan for this Court and shall complete a minimum of 6 hours, annually, in continuing legal education in the field of criminal law in order to remain on the Court's appointment list. A sworn affidavit by the attorney verifying that he/she has completed such annual education requirement must be filed with the Court on or before December 31 of each year.

CRITICAL

Applies to

Motion or letter

Must include

certificate of conference

The required conference certification, or an explanation of inability to confer, must appear in the motion or a letter.

No motions will be set for hearing unless the moving party shall have certified in such motion or in a letter substantially the following; "A conference was held on (date) with (name of attorney for opposing party) on the merits of this motion. Agreement could not be reached. Therefore it is presented to the Court for determination" or "A conference was not held with (name of opposing attorney) on the merits of this motion because (explanation of inability to confer)."

CRITICAL

Applies to

Jury instructions

In civil jury trials, anticipated special issues, definitions, and instructions must be submitted in writing before trial.

In all civil jury trial cases, anticipated special issues, definitions and instructions shall be submitted to the Court in writingseve_n P} days prior to the beginning of the trial.

CRITICAL

Applies to

Motion

An attorney of record may withdraw only by motion and court order granting leave.

No attorney of record shall be permitted to withdraw from any case without presenting a motion, and obtaining from the Court an order granting leave to withdraw.

CRITICAL

Applies to

Motion

A withdrawal motion must include client consent, a replacement lawyer’s certificate, or the specified mailed notice and attached letter copy.

Such motion shall be accompanied by the client's written consent to such withdrawal or a certificate by another lawyer that he has been employed to represent the client in the case, or a copy of such motion shall be mailed to the client at his last known address, with a letter advising that the motion will be presented to the Court on or after a certain hour, not less than five (5) days after mailing the letter, and that any objection to such withdrawal should be made to the Court in writing before such time and a copy of such letter shall be attached to such motion.

CRITICAL

Applies to

Proposed judgment

Submit the proposed judgment, decree, or order with a letter requesting signature if no written objection is received within ten days of the letter.

Present the Court with the proposed judgment, decree or order, together with a letter requesting the Court to sign the same if the Court has not received a written objection from opposing counsel within ten (10) days from the date of the letter.

CRITICAL

Applies to

Acknowledgment of paternity

The biological father must execute a valid acknowledgment of paternity under the cited statute.

1. The biological father of the child must execute a valid acknowledgement of paternity under Section 160.302, Texas Family Code.

CRITICAL

Applies to

Denial of paternity

The husband must execute a valid denial of paternity under the cited statute.

2. The husband must execute a valid denial of paternity under Section 160.303, Texas Family Code.

CRITICAL

Applies to

Certified copy

A certified copy of the filed paternity acknowledgment and denial must be filed with the Court.

A certified copy of the acknowledgement of paternity and the denial of paternity or the combined acknowledgment/denial of paternity must be filed with the Court.

CRITICAL

Applies to

Divorce decree

The divorce decree must include the specified findings about the acknowledgment and denial of paternity and an order adjudicating that the husband is not the child's father.

The decree of divorce must contain the following findings and order: a. The Court finds that a valid acknowledgement of paternity has been filed and is effective pursuant to Subchapter D, Chapter 160, Texas Family Code. b. The Court finds that a valid denial of paternity has been filed and is effective pursuant to Subchapter D, Chapter 160, Texas FamiJy Code. c. The Courts finds that [name of husband] is not the father of the child, [name of child]. IT IS ORDERED AND DECREED that [name of husband] is not, and he is adjudicated not to be, the father of the child, [name of child], born on [date] to [name of wife].

CRITICAL

Applies to

Genetic testing report

The genetic-testing results report must be filed with the Court.

The report of the results of genetic testing must be filed with the Court. TEX. FAM. CODE ANN. §160.504.

CRITICAL

Applies to

Severance motion and order

By the final hearing, the parties must present an agreed motion and order for severance and deposit with the District Clerk all costs associated with filing the severed suit.

On or before the date of the final hearing, the parties must present the Court with an agreed motion and order for severance of the suit affecting the parent-child relationship regarding the child not of the marriage and have deposited with the District Clerk all cost associated with the filing of the severed suit.

CRITICAL

Applies to

Petition

When filing the specified petition, the petitioner must attach the order to the original and each copy and certify in writing that the petitioner received and reviewed the entire order; the Clerk must ensure the order is attached if omitted.

The petitioner shall attach a copy of this order to the original petition and to each copy of the petition 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. The Petitioner shall certify in writing that he/she has received and reviewed the entire contents of this Order upon filing of an original petition, suit affecting the parent-child relationship, or modification.

CRITICAL

Applies to

Certificate of conference

Must include

certificate of conference

A Certificate of Conference establishing compliance with the conference requirement must be on file before any Temporary Orders hearing.

A Certificate of Conference establishing that this requirement has been met, must be on file prior to any hearing for Temporary Orders.

CRITICAL

Applies to

Composite inventory

In a divorce suit, each party must confer, prepare, and deliver a Court-approved Composite Inventory of all agreed and disputed matters at least ten days before trial.

In a divorce suit, each party shall confer, prepare and cause to be delivered at least ten (10) days prior to trial, a Composite Inventory in the form approved by the Court and fully setting out all agreed and disputed matters.

CRITICAL

Applies to

Proposed support decision

In a suit requiring a contested determination of child support or spousal maintenance, each party must prepare and deliver a Proposed Support Decision before trial.

In any suit requiring a contested determination of child support or spousal maintenance, each party shall prepare and deliver prior to trial, a Proposed Support Decision as a trial aid or requested ruling.

CRITICAL

Applies to

Proposed parenting plan

In a suit requiring a contested determination of conservatorship or possession and access to a child, each party must prepare and deliver a Proposed Parenting Plan before trial.

In any suit requiring a contested determination of conservatorship, or possession and access to a child, each party shall prepare and deliver prior to trial, a Proposed Parenting Plan as a trial aid or requested ruling.

CRITICAL

Applies to

Proposed disposition of other issues

In any suit subject to Section 12, each party must prepare and deliver a Proposed Disposition of Other Issues before trial.

In any suit subject to Section 12, each party shall also prepare and deliver prior to trial, a Proposed Disposition of Other Issues as a trial aid or requested ruling.

WARNING

Applies to

Severance order

The Court will sign the severance order at the same time as the divorce decree.

The order for severance will be signed by the Court contemporaneously with the divorce decree.

WARNING

Applies to

Request for setting

The setting request form calls for the requested hearing and docket, readiness and pleading status, pretrial matters, ad litem appointments, notice to other parties, service information, and (if applicable) jury-fee information.

Please set the above styled and numbered cause for (trial/hearing- please designate what type of hearing) on the Uury / non-jury contested, non-jury uncontested) docket for the first available date. This request for setting is made in good faith in the belief that (the party requesting the setting) will be ready for (trial/ hearing) at the time requested. All of the (the party requesting the setting) pleadings are now in order or will be at least seven (7) days prior to the (trial/ hearing) date. There (are/ are no) special exceptions (or other pre-trial matters) which should be presented to the Court in advance of trial. All necessary ad litem appointments have been made. All other attorneys (and/ or prose parties) in this case on this date are being mailed a copy of this request for setting. Service was perfected on the Defendant/ Respondent on _ _ _ __, ____ (If applicable) A jury fee was paid by the (Plaintiff/ Defendant) o n

INFO

Applies to

Acknowledgment and denial of paternity

The acknowledgment of paternity and denial of paternity may be combined in one document.

3. An acknowledgement of paternity and a denial of paternity may be contained in a single document. TEX. FAM. CODE ANN. §160.304(a).