Fayette County Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Requests for an extension of time or continuance must be filed at least 3 business days before the proceeding, except when good cause is shown.
Document Format Requirements1 rule
Attorneys will be responsible for keeping appropriate time records and furnishing the County Clerk with billing statements in an appropriate format. Billing statements so furnished will detail expenses and billable hours separately.
Document Filing Requirements6 rules
If the ad litem attorney's duties include an investigation, the attorney must file a report with the Court detailing the results ofthat investigation.
Upon completion of the action in question, the attorney ad Iitem will submit an hourly bill; upon the bill's approval by the Court, the County Clerk will submit the approved bill to the County Auditor for further action
For probates seeking letters testamentary or administration, the executor or administrator must complete the Oath and Acknowledgment of Duties, and the clerk must receive the original before letters are issued.
Court's wording
For all probates with letters of testamentary/administration, the executor/administrator must complete the Oath and Acknowledgment of Duties that is presented in court at the time of the probate hearing. No letters will be given until all court requirements have been met. Regardless of whether or not the executor/administrator is present in court at the time of the hearing, letters only will be issued once the clerk's office has received the original Oath & Acknowledgment of Duties.
A guardianship hearing cannot take place until the appropriate training certificate is filed and the JBCC criminal check has been returned.
Court's wording
however, consistent with Rule 10 (B) 5 below, no guardianship hearings will take place until the appropriate training certificate has been filed with the court, and the criminal check has come back from the Judicial Branch Certification Commission (JBCC).
For all guardianships, including temporary guardianships, the guardian, the proposed guardian, or his attorney must register the guardianship information online with the Judicial Branch Certification Commission (JBCC) at http ://www.txcourts.gov/jbcc/register-a-guardianship prior to any hearing.
Any attorney may reserve up to four weeks in any calendar year for vacations by send ing a "vacation letter" to the County Clerk specifying vacation dates.
Filing & Service rules
Electronic Filing Rules
Extension or continuance requests must be filed through eFile Texas.
Any such filing must be done through the eFile Texas system as ordered by the Texas Supreme Court in time to provide all persons due notice sufficient advance notice, but in no case less than 3 business days before the event being noticed.
Page 6 | Rule 8. Hearings — B: Implementation
An objection to a short hearing or participation by telephone or another electronic meeting facility must be filed through eFile Texas.
Any attorney or pro-se party can object to such communication by filing an objection through the eFile Texas system a minimum of 24 hours before the scheduled time of the hearing.
Page 6 | Rule 8. Hearings — B: Implementation
A request for a short hearing by telephone or another electronic meeting facility, or for remote participation in one, must be filed through eFile Texas.
Any attorney or pro-se party can request a short hearing be conducted by telephone conference call or other electronic meeting facility, or that the attorney's or pro-se party's participation in a scheduled short hearing be permitted to be via telephone or other electronic meeting facility. The request must be filed through the eFile Texas system a minimum of 3 business days before that hearing.
Page 6 | Rule 8. Hearings — B: Implementation
The party responsible for canceling a scheduled hearing must file a cancellation notice through eFile Texas.
If a previously scheduled hearing must be canceled, the party responsible for the cancelation must file a notice of cancelation through the eFile Texas system a minimum of 24 hours before the scheduled time of the hearing.
Page 6 | Rule 8. Hearings — B: Implementation
Notices of hearings and continuances must be provided through eFile Texas.
Notices of hearings and of continuances must be provided through eFile Texas system.
Page 6 | Rule 8. Hearings — B: Implementation
Documents required at a hearing must be filed through eFile Texas at least 3 business days before the hearing; a late filing is deemed good cause under the referenced prior rule.
If a report, proposed order, or any other document will be required at a hearing, that document must be filed through the eFile Texas system a minimum of 3 business days before that hearing; failure to file such a document timely will be deemed good -cause for purposes of rule 7.1 above.
Page 6 | Rule 8. Hearings — B: Implementation
Filing Timing and Cure Windows
If the offering party is not present in court when physical evidence that cannot be digitized is offered, it must be tendered to the court within five days after the remote proceeding.
Physical evidence which cannot be rendered in digital form shall be tendered to the court no later than five days after the remote proceeding if the party offering the evidence is not present in the court when it is offered.
Page 2 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding
A hearing cancellation notice must be filed at least 24 hours before the scheduled hearing.
If a previously scheduled hearing must be canceled, the party responsible for the cancelation must file a notice of cancelation through the eFile Texas system a minimum of 24 hours before the scheduled time of the hearing.
Page 6 | Rule 8. Hearings — B: Implementation
Documents required at a hearing must be filed at least 3 business days before the hearing.
If a report, proposed order, or any other document will be required at a hearing, that document must be filed through the eFile Texas system a minimum of 3 business days before that hearing; failure to file such a document timely will be deemed good -cause for purposes of rule 7.1 above.
Page 6 | Rule 8. Hearings — B: Implementation
Requests for a short hearing by telephone or another electronic meeting facility, or for remote participation, must be filed at least 3 business days before the hearing.
Any attorney or pro-se party can request a short hearing be conducted by telephone conference call or other electronic meeting facility, or that the attorney's or pro-se party's participation in a scheduled short hearing be permitted to be via telephone or other electronic meeting facility. The request must be filed through the eFile Texas system a minimum of 3 business days before that hearing.
Page 6 | Rule 8. Hearings — B: Implementation
Extension or continuance requests must be filed with sufficient advance notice, and never fewer than 3 business days before the event being noticed.
Any such filing must be done through the eFile Texas system as ordered by the Texas Supreme Court in time to provide all persons due notice sufficient advance notice, but in no case less than 3 business days before the event being noticed.
Page 6 | Rule 8. Hearings — B: Implementation
An objection must be filed at least 24 hours before the scheduled hearing.
Any attorney or pro-se party can object to such communication by filing an objection through the eFile Texas system a minimum of 24 hours before the scheduled time of the hearing.
Page 6 | Rule 8. Hearings — B: Implementation
A vacation letter filed at least 60 days before the first vacation day prevents hearings, depositions, and trials from being set during the reserved days; if filed later, they may be set for good cause with court approval.
If the letter is filed at least sixty days in advance of the first vacation day, no hearings, depositions, or trials may be set during the reserved days. If the letter is filed less than sixty days in advance of the first vacation day, hearings, depositions, or trials may be set during the reserved days for good cause shown and with the approval of the Court.
Page 8 | Rule 11. Vacation Letters
Service and Proof of Service Rules
During the action, the ad litem attorney must receive notice of every Court hearing or conference and copies of all pleadings.
During the progress of the action in question, the ad litem attorney must receive notice of all hearings or conferences with the Court, and receive copies of all pleadings.
Page 4 | Rule 5. Ad Litem Attorneys
Notices of hearings and continuances must be provided through the eFile Texas system.
Notices of hearings and of continuances must be provided through the eFile Texas system;
Page 7 | Rule 10. Rules Specific to Estate Matters, B: Implementation
When practicable, digital copies of physical evidence that can be prepared should be emailed to the appropriate court and counsel before the hearing.
When digital copies of physical evidence can be prepared, such as audio / video recordings, documents, or images, the digital copies should be emailed to the appropriate district or county court and to counsel for the parties before the hearing if practicable.
Page 1 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding
Once the ad litem attorney is identified in the state's electronic filing service, notices filed through that service are deemed delivered to the attorney.
Once the ad litem attorney is identified with the action in question in the state's electronic filing service, such notices filed through that service will be deemed delivered.
Page 4 | Rule 5. Ad Litem Attorneys
If the attorney is involved in any matter already before the Court, the attorney should furnish copies of the vacation letter to each opposing counsel.
If the attorney is involved in any matter already before the Court, the attorney should furnish copies of the vacation letter to each opposing counsel.
Page 8 | Rule 11. Vacation Letters
Filing Fees and Waivers
For actions originated by a private individual with adequate funds, the reserve amount for the appointed ad litem attorney must be collected and paid into the Court registry by the time a final hearing is set; collection at initial filing through the electronic filing system is preferred.
As early in the process of filing an action, but no later than the point at which an ad Iitem attorney is appointed, the County Clerk, with the guidance of the Court, will calculate a figure (the "reserve amount" ) intended to cover the reasonable charges to be billed by the appointed attorney. a. Where the action in question is originated by a private individual with adequate funds, the reserve amount will be collected and paid into the registry of the Court as early as possible; ideally, this will be at the initial filing, collected through the electronic filing system, but in any case will be complete before a final hearing is set.
Page 3 | Rule 5. Ad Litem Attorneys
For an action originated or necessitated on behalf of an indigent individual, the County Clerk must ensure the County appropriately funds the reserve amount.
Where the action in question is originated or necessitated on behalf of an indigent individual, the County Clerk, with the guidance of the Court, will act to ensure that the reserve amount is funded appropriately by the County.
Page 4 | Rule 5. Ad Litem Attorneys
Payment for required letters or document copies must be made in advance through eFile Texas or by check at the hearing; cash and credit cards are not accepted.
Should the result of a hearing require issuance of letters testamentary, letters of adm inistration, or copies of other documents, payment must be made in advance through the eFile Texas system or via check at the time of the hearing. The County Clerk will not accept cash or credit cards.
Page 7 | Rule 10. Rules Specific to Estate Matters, B: Implementation
Instead of calculating a reserve amount for an individual action, the County Clerk may presume that $350 is reasonable.
In lieu of a specific calculation for any individual action, the County Clerk may presume that three hundred and fifty dollars ($350.00) is a reasonable amount.
Page 4 | Rule 5. Ad Litem Attorneys
Adjournment & Extension Requirements
Requests for an extension of time or continuance must be filed at least 3 business days before the proceeding, except when good cause is shown.
Except for good-cause shown, any request for an extension of time, or continuance, shall be filed no fewer than 3 business days before any setting, hearing, trial, or other in-court procedure .
Page 5 | Rule 8. Hearings — B: Implementation
Failure to timely file a document required at a hearing is deemed good cause under the referenced prior rule.
failure to file such a document timely will be deemed good -cause for purposes of rule 7.1 above.
Page 6 | Rule 8. Hearings — B: Implementation