Fort Bend County, TX
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements6 rules
A probable cause affidavit must be printed by computer or email and be concise.
- Probable cause affidavit
Formatting
- •The affidavit must be concise
Court's wording
At the time of the magistrate and probable cause hearings, the arresting officer for each arrestee shall have filed, at the time of booking into the jail, a printed (by computer or email) and concise probable cause affidavit with such additional information (offense report, etc.) as necessary for the magistrate judge to make the appropriate judgment.
(1) Time shall be billed in TENTH of an hour;
under a separate tab
The form of the appendix and transcription shall conform to any specifications of the Supreme Court.
c. All exhibits, arranged in numerical order and firmly bound together so far as practicable,
Formatting
- •Arrange all exhibits in numerical order
a. A standard digital recording, labeled to reflect clearly the contents of the digital recording, and numbered if more than one digital recording is required,
Formatting
- •Use a standard digital recording
- •Label the recording to reflect clearly its contents
- •Number the recordings if more than one digital recording is required
Document Filing Requirements79 rules
The probable cause affidavit must include any additional information necessary for the magistrate to make the appropriate judgment.
Court's wording
At the time of the magistrate and probable cause hearings, the arresting officer for each arrestee shall have filed, at the time of booking into the jail, a printed (by computer or email) and concise probable cause affidavit with such additional information (offense report, etc.) as necessary for the magistrate judge to make the appropriate judgment.
An arrestee claiming indigency must complete and file a sworn affidavit of indigency with the magistrate.
Court's wording
D. Indigency. At such magistrate hearings, each Arrestee shall be provided an opportunity to request court appointed counsel. If the Arrestee is claiming indigency, the Arrestee shall complete and file a sworn affidavit of indigency with the magistrate, as set out herein as “Addendum E”.
When applicable, a magistrate must make a written No Probable Cause finding within 24 hours after making the finding.
Court's wording
10. When applicable, making a written finding of No Probable Cause within 24 hours after magistrate makes a No Probable Cause finding, as required by Art. 15.17(h) Texas Code of Criminal Procedure.
The appointment of and reimbursement for reasonable and necessary investigation, mental health, and other expert witness expenses shall be as provided by Art. 26.05(d) Texas Code of Criminal Procedure and only upon written motion and prior approval of the trial judge.
A timely, complete, and true statement of expenses incurred by the person appointed shall be submitted to the trial judge with the request for reimbursement.
In the event an appointed attorney desires to withdraw from representing an indigent defendant through the appellate process, such attorney shall promptly, upon completion of post-trial matters, move to withdraw with good and satisfactory cause cited and bring such motion to the immediate attention of the judge.
- Document
- Motion to withdraw
Must include
- •Good and satisfactory cause cited
A timely, complete, and true statement of expenses incurred by the person appointed shall be submitted to the trial judge with the request for reimbursement by appointed counsel, including a certification by said counsel that the expenses were duly rendered by the said claimant.
A t i m e l y, complete, and true statement of expenses incurred by the person appointed shall be submitted to the trial judge with the request for reimbursement by appointed counsel, including a certification by said counsel that the expenses were duly rendered by the said claimant.
Appointment and reimbursement for the specified expenses with prior court approval require a written motion and prior approval by the trial judge.
Court's wording
The appointment of and reimbursement for reasonable and necessary investigation, mental health, and other expert witness expenses with prior Court approval shall be as provided by Art. 26.05(d) and Art. 26.052(f) and (g) Texas Code of Criminal Procedure and only upon written motion and prior approval of the trial judge.
Appointed counsel may submit a pretrial, ex parte, confidential request for advance payment, stating the applicable investigation or expert, supporting facts, and itemized anticipated expenses.
Court's wording
A request for advance payment of investigative and expert expenses may be made by appointed counsel Ex Parte. Appointed counsel may file with the trial judge a pretrial, ex parte, and confidential request for advance payment of investigative and expert expenses. The request for such expenses must state, as applicable: a. The type of investigation to be conducted or the type of expert to be retained; b. The specific facts that suggest the investigation will result in admissible evidence or that the services of an expert are reasonably necessary to assist in the preparation of a potential defense; and c. An itemized list of anticipated expenses for each investigation or each expert.
If the Judge denies in whole or in part the request for expenses, the Judge shall: a. State the reasons for the denial in writing; b. Attach the denial to the confidential request; and c. Submit the request and denial as a sealed exhibit to the record.
Please complete all fields listed below prior to returning the form to the Indigent Defense Department.
2. A recent passport size photograph of you;
*Please attach to your application proof that you have completed the required mental health CLE or attended/viewed the Fort Bend County Criminal Justice Mental Health Seminar.
Attach the State Bar profile and either a full CLE transcript showing at least 15 qualifying criminal-defense hours in the preceding calendar year or the specified criminal-law specialization transcript effective for the recertification year.
Court's wording
3. A copy of your entire profile page from the Texas State Bar website and your full CLE transcript indicating you have complete at least fifteen (15) hours pertaining to the defense of defendants in criminal cases, in the preceding calendar year, as required by the current the Ninth Amended Fort Bend County Adult Plan and Local Rules For the Appointment of Counsel to Indigent Defendants In the District and County Courts of Fort Bend County, Texas, Pursuant to Art. 26.04, ET Seq., Texas Rules of Criminal Procedure; or 4. A copy of your entire profile page from the Texas State Bar website and your full Texas Board of Legal Specialization in Criminal Law transcript, effective for the calendar year for which this Recertification applies.
Payment Type (Required)
The attorney's fee claim includes a certification under penalty of perjury concerning representation, claimed services, other compensation, and payment requests.
Court's wording
On the date submitted, the undersigned Attorney at Law, under penalty of perjury states, to wit that the attorney has competently represented the named defendant and has fully performed the services claimed above, and on all attached Subsequent Hourly Worksheets and/or itemized billing statements which are all incorporated herein by reference. That the attorney has not received and will not receive any money or valuable thing for representing said defendant, unless such payment is disclosed in writing to the Judge before whom this application is pending and that no other request for payment for the described services rendered has been paid.
Submit paid bills for Investigators/Experts with this form.
The attorney submitting the claim must certify the listed facts about representation, work performed, compensation, and prior payment requests.
Court's wording
On the date submitted, the undersigned attorney at law, knowingly makes the following statements of material fact to the tribunal: (1) I competently represented the named defendant; (2) I fully performed the services claimed above; (3) I fully performed the work which required me to spend the actual time reflected on all Subsequent Appointed Counsel Hourly Worksheets and/or itemized billing statements which are incorporated in this form by reference; (4) I have not received and will not receive any money or valuable thing for representing said defendant, unless such payment is disclosed in writing to the Judge before whom this application is pending; and (5) No other request for payment for the described services rendered has been paid.
(3) Submit paid bills for Investigators/Experts with this form. Expert and/or Investigative Fees shall be paid pursuant to CCP Art.§ 26.05(d) & §26.052(f)(g)(h).
Please complete all fields listed below prior to returning the form to the Indigent Defense Department. You may use additional pages if necessary.
The applicant certifies continued appointment qualifications and, by signing, swears or affirms that the application information is true and correct.
Court's wording
I certify that I continue to possess all the necessary qualifications, as set forth in the Ninth Amended Fort Bend County Adult Plan and Local Rules For the Appointment of Counsel to Indigent Defendants In the District and County Courts of Fort Bend County, Texas, Pursuant to Art. 26.04, ET Seq., Texas Rules of Criminal Procedure and all addendums attached thereto for continued appointment as an attorney for indigent defendants in Fort Bend County in the following categories: __________________________________________________________________________________________________ By my signature below, I swear or affirm that the information provided in this application is true and correct.
The recertification must include the State Bar profile and either a qualifying CLE transcript showing at least 15 criminal-defense hours from the preceding calendar year or the specified criminal-law specialization transcript.
Court's wording
2. A copy of your entire profile page from the Texas State Bar website and your full CLE transcript indicating you have complete at least fifteen (15) hours pertaining to the defense of defendants in criminal cases, in the preceding calendar year, as required by the current the Ninth Amended Fort Bend County Adult Plan and Local Rules For the Appointment of Counsel to Indigent Defendants In the District and County Courts of Fort Bend County, Texas, Pursuant to Art. 26.04, ET Seq., Texas Rules of Criminal Procedure; or 3. A copy of your entire profile page from the Texas State Bar website and your full Texas Board of Legal Specialization in Criminal Law transcript, effective for the calendar year for which this Recertification applies.
(c) An Application for Counsel and Order must be completed and signed;
(a) You must complete a Pre-Trial Intervention Interview Report to determine if you· qualify for a court appointed attorney;
For a subpoena to be valid; it must request that a witness appear on a certain date and time.
The affidavit shall: (1) be provided to the arrestee after arrest and prior to the individualized hearing, and (2) the affidavit shall ask the arrestee to state, under penalty of perjury, the amount of money he or she can afford to pay from any lawful source within 24 hours of arrest.
This affidavit is included in the court file.
Then the IDC fills out and has the arrestee sign an affidavit swearing that the arrestee has been advised of their right to counsel, and indicating whether the arrestee already has or is requesting a court-appointed attorney.
In every case, the IDC must explain the financial-information interview and provide the arrestee the specified notice language.
Court's wording
Additionally, in every case, the IDC must provide notice to the arrestee that financial information will be collected through an affidavit and must explain to the arrestee the nature and significance of the financial information to be collected.¹ The language required is as follows: "I am [First Name] from Fort Bend County Pretrial Services. I am here to interview you and report your answers to the Court. What you tell me will be used to make decisions about your release from jail. I will ask you to provide financial information which will be used to decide whether a lawyer will be appointed in your defense. Also, you will need to state the amount of money that you can afford to pay for a bond within 24 hours of your arrest. I will then also ask you to sign a paper with the financial information that you provided. Your answers must be truthful under penalty of law. False answers may be used against you. The information will be shared with the Court, the District Attorney and possibly other agencies. You may refuse to complete the interview, provide me with the financial information, or both. You will be allowed to talk to an attorney before your bail hearing. You may decide to participate in an interview after speaking with your lawyer. Do you agree to go forward with both the interview and providing financial information?"
In every case, the IDC must determine the arrestee's ability to pay money bail using an affidavit.
The affidavit shall comport with the requirements of Article 17.028 (f) of the Texas Code of Criminal Procedure.
The arrestee shall be notified in writing that upon receiving written consent the Public Defender's Office will represent him or her solely for the purposes of the initial bail hearing.
The record of the initial pre-trial release and bail hearing shall be stored to ensure it is preserved. The record shall be preserved in accordance with Texas Code of Criminal Procedure Article 15.17.
A record of the initial pre-trial release and bail hearing shall be made by electronic audio or audio-visual recording
The judicial officer’s findings and rulings must be written, placed in the Court’s file, and forwarded to the appropriate county or district clerk based on the offense.
Court's wording
the findings and rulings of the judicial officer shall be reduced to writing and placed in the Court's file. All writing findings and rulings of the Judicial Officer (Magistrate) shall be forwarded to the Fort Bend County Clerk in the case of a misdemeanor offense and the Fort Bend District Clerk in the case of a felony offense.
A detailed and legible log of the proceedings shall be kept, indexed by date and identifiers of arrestee.
All Associate Judges must include, on an order granting bail, the names of each individual who appointed the Associate Judge and state that the Associate Judge was appointed by those individuals.
A Judicial Officer who grants bail must prepare a written order containing findings of fact and a statement explaining the bail decisions and required determinations.
Court's wording
The Judicial Officer (Magistrate) who grants bail in accordance with this section shall: (1) set bail and impose conditions of release necessary only to reasonably (A) prevent the person's willful nonappearance in court and (B) ensure the safety of the community, law enforcement, or the victim of the alleged offense; and (2) prepare a written order that includes findings of fact and a statement explaining the Judicial Officer's (Magistrate's) bail decisions and the determinations required by this section.
Before secured money bail may be required at an individualized hearing, the IDC must provide the arrestee a sworn financial-information affidavit and provide the completed affidavit to the Court.
Court's wording
Before a Judicial Officer may require secured money bail as a condition of release at an individualized hearing, the IDC must provide the arrestee an affidavit regarding financial information to complete that is sworn to under penalty of law. The IDC must provide the completed affidavit to the Court for the Court to consider in the individualized hearing.
When ordering money bail as a condition of release, the Judicial Officer must accompany the order with on-the-record, reviewable substantive findings establishing either ability to pay within 24 hours or the specified necessity of unaffordable bail.
Court's wording
If the Judicial Officer decides to require money bail as a condition of release, the order to pay money bail must be accompanied by substantive findings, on the record and reviewable by a higher court. Those on the record findings must state either: (1) The arrestee has the ability to pay the amount required within 24 hours of arrest, or (2) Alternative conditions of release were considered, that no less-restrictive condition or combination of conditions could reasonably assure the arrestee's appearance in court or ensure the safety of the community, law enforcement, and the victim of the alleged offense, and that imposition of unaffordable² money bail is necessary to prevent the person's willful nonappearance in court and/or ensure the safety of the community, law enforcement, or the victim of the alleged offense.
The district attorney must file a Notice To Transfer along with a re-indictment.
Court's wording
The district attorney shall file the Notice To Transfer along with the re-indictment and the district clerk shall file, docket and assign re-indictment cases to the district court where the prior indictment was filed by adding A, B, C, etc. after the original cause number.
Motions must be written and include a certificate of service and proposed order; the proposed order must be separate unless all specified items fit on one page.
- Document
- Motion
Must include
- •Proposed order
- •Certificate of service
Court's wording
Motions shall be in writing and shall be accompanied by a certificate of service and proposed order granting the relief sought. The proposed order shall be a separate instrument, unless the entire motion, order, signature lines and certificate of service are all on one page.
Discovery-sanctions motions, requests for rulings on discovery objections, and motions to compel discovery must state the disputed discovery request and the disputed objection and answer or response in the motion’s body.
Court's wording
All motions for discovery sanctions, requests for ruling on discovery objections, and motions to compel discovery shall set out within the body of the motion, the interrogatory or request which is in dispute, and the objection and answer or response which is in dispute, so that all matters necessary for the Court's consideration are set out in one concise document.
Responses shall be in writing and shall be accompanied by a proposed order.
- Document
- Response
Must include
- •Proposed order
Unopposed motions shall be labeled "Unopposed" in the caption.
- Document
- Motion
- Placement
- Caption
5.8 DISMISSAL. Any dismissal or non-suit shall be accomplished by notice with a court order.
An opposed motion must include a certificate stating that the parties conferred in good faith and identifying their disagreement, or detailing the efforts to confer, including dates and communication methods.
- Document
- Opposed motion
- Placement
- Certificate section
Must include
- •Certificate of conference
Court's wording
5.9 CERTIFICATE OF CONFERENCE. Opposed motions shall contain a certificate that: 5.9.1 States that the movant and respondent have conferred with each other and in good faith have attempted to resolve the matter and 5.9.2 Identifies the basis of disagreement between counsel; or 5.9.3 States that the parties have not been able to confer, and states in detail all efforts made to confer, including dates and methods of attempted communication.
7.1.3 Verbal agreement announced to the court, followed by a memorandum, timely filed, evidencing the agreement signed by at least one attorney;
9.2 All applications for ex parte relief shall state whether or not, within the knowledge of the applicant and his or her attorney, the opposing party is represented by counsel, and if so, the name of such counsel.
All parties required to attend a parent education course referenced in 8.0 below and shall file with the court a certificate verifying the party's attendance at such course.
The pleading shall contain all information required under the Texas Rules of Civil Procedure ("T.R.C.P.") Rule 57.
Each party making a disclosure shall promptly file a notice with the court advising that the required disclosure has taken place.
If, prior to the disposition of a case, an appointed or retained attorney wishes to withdraw as attorney of record, the attorney must file a written motion to withdraw at least 15 days prior to a trial setting.
The reset agreement must be submitted for approval to the Court and subsequently filed with the Fort Bend County District Clerk, unless the court requires e-filing of resets.
Off-docket resets must follow the applicable Judge’s or court’s guidelines, and attorneys must prepare a reset agreement for Court approval.
Court's wording
Off-docket resets must be handled in accordance with the guidelines outlined by the Judge or the court where the case is pending. A reset agreement must be prepared by the attorneys and approved by the Court where the case is pending.
An attorney retained to replace existing counsel must file a written motion to substitute counsel, naming both the attorney substituting in and the attorney being relieved.
The District Clerk must attach the appropriate Standing Temporary Mutual Injunctions to each divorce or parent-child-relationship cause.
Court's wording
This Order confirms the District Clerk of Fort Bend County shall attach the appropriate Standing Temporary Mutual Injunctions to every cause, under a separate tab, in which a divorce or suit affecting the parent child relationship is filed.
1. Petitions for Divorce with Children the clerk shall attach the Standing Temporary Mutual Injunctions attached to this Order as Exhibit "A";
The District Clerk of Fort Bend County shall also provide a copy of the appropriate Standing Temporary Mutual Injunctions with every request for citation as follows:
3. Petitions containing a Suit Affecting the Parent Child Relationship the clerk shall attach the Standing Temporary Mutual Injunctions attached to this Order as Exhibit "C".
2. Petitions for Divorce with no Children the clerk shall attach the Standing Temporary Mutual Injunctions attached to this Order as Exhibit "B"· and
Each party shall file with his brief an appendix containing a written transcription of all portions of the recorded statement of facts and a copy of all exhibits relevant to the error asserted.
with a list in numerical order and a brief identifying description of each.
Filing & Service rules
Electronic Filing Rules
An attorney must e-file a certificate of contact in the corresponding appointed case file within 72 hours after appointment.
A certificate of contact must be e-filed with the clerk’s office in the corresponding appointed case file, no later than seventy-two (72) hours after the appointment.
Criminal cases
Page 9 | VI. STANDARDS AND RESPONSIBILITIES FOR ATTORNEYS, A. Initial Contact Requirements
Counsel in misdemeanor cases must be proficient with the County’s e-Discovery portal and able to e-file documents with the County Clerk.
(A). E-Discovery & E-File. Counsel must be proficient in the use of Fort Bend County's e-Discovery portal and counsel must be able to e-File documents with the Fort Bend County Clerk in all misdemeanor cases.
Criminal cases
Page 18 | II. GENERAL REQUIREMENTS FOR ALL MISDEMEANOR APPOINTMENTS
An arrestee who remains jailed after the individualized hearing may obtain an adversarial bail review hearing upon a properly filed or e-filed defense motion served on the State.
Any arrestee who remains in jail after the individualized hearing must be provided with the opportunity for an adversarial bail review hearing before a District Court Judge, County Court at Law Judge or Associate Judge upon a properly filed or e-filed defense motion served upon the State.
Criminal cases
Page 14 | GENERAL PROVISIONS
The Judicial Officer or designee must electronically submit the completed bail form through the Public Safety Report System within 48 hours after bail is set.
After setting bail, the Judicial Officer (Magistrate), or the Judicial Officer (Magistrate's) designee, shall complete the bail form described by Section 72.038 Government Code, and promptly, but not later than 48 hours after the time bail is set, submit the bail form electronically to the Office of Court Administration through the Public Safety Report System.
Criminal cases
Page 14 | GENERAL PROVISIONS
District Attorney's Office counsel must e-file a motion for bail review or similar request with a proposed order.
The role of the counsel from the District Attorney's Office is to efile a "Motion for Review of Bail Decision" or similar request, together with a proposed Order to DENY or to GRANT bail modification or modification of bond conditions.
Criminal cases
Page 1 | District Attorney's Office
Filing Timing and Cure Windows
The arresting officer must file a concise probable cause affidavit at booking, and no arrestee may be booked without one.
At the time of the magistrate and probable cause hearings, the arresting officer for each arrestee shall have filed, at the time of booking into the jail, a printed (by computer or email) and concise probable cause affidavit with such additional information (offense report, etc.) as necessary for the magistrate judge to make the appropriate judgment. “Arrestee” is defined herein as a person who is arrested with or without an indictment or information having been filed and may sometimes be referred to herein as “Defendant.” No one shall be booked into jail without a filed “Probable Cause Affidavit.”
Criminal cases
Page 1 | I. PROMPT MAGISTRATION
The arresting agency must fax or deliver arrest-warrant affidavits to the jail upon arrest.
Affidavits for a warrant for arrest must be faxed or delivered to the jail upon arrest from the arresting agency.
Criminal cases
Page 2 | I. PROMPT MAGISTRATION
The certificate of contact must be filed no later than 72 hours after appointment.
A certificate of contact must be e-filed with the clerk’s office in the corresponding appointed case file, no later than seventy-two (72) hours after the appointment.
Criminal cases
Page 9 | VI. STANDARDS AND RESPONSIBILITIES FOR ATTORNEYS, A. Initial Contact Requirements
The trial judge must rule on a motion for new trial within 75 days of sentencing; otherwise, it is considered overruled after 75 days.
The trial judge must rule on it within 75 days of sentencing. If the judge doesn’t make a ruling, the law considers it overruled after 75 days have passed.
Criminal cases
Page 57 | c. Motion for New Trial (MFNT)
The defendant must file a notice of appeal within 90 days of sentencing.
The defendant must then file notice of appeal within 90 days of sentencing.
Criminal cases
Page 57 | c. Motion for New Trial (MFNT)
A motion for new trial must be filed within 30 days after sentencing.
The MFNT trial must be filed within 30 days of the date of sentencing.
Criminal cases
Page 57 | c. Motion for New Trial (MFNT)
The trial judge must rule on a motion for new trial within 75 days of sentencing.
The trial judge must rule on it within 75 days of sentencing.
Criminal cases
Page 84 | VIII. APPEALS; C) Motion for New Trial (MFNT)
A motion for new trial is considered overruled if the judge has not ruled within 75 days.
If the judge doesn’t make a ruling, the law considers it overruled after 75 days have passed.
Criminal cases
Page 84 | VIII. APPEALS; C) Motion for New Trial (MFNT)
The completed bail form must be submitted no later than 48 hours after bail is set.
After setting bail, the Judicial Officer (Magistrate), or the Judicial Officer (Magistrate's) designee, shall complete the bail form described by Section 72.038 Government Code, and promptly, but not later than 48 hours after the time bail is set, submit the bail form electronically to the Office of Court Administration through the Public Safety Report System.
Criminal cases
Page 14 | GENERAL PROVISIONS
Motions for written submission must state a Monday at 8:00 a.m. at least 10 days after filing, unless the presiding judge instructs otherwise or the court grants leave.
Motions shall state a Monday date at 8:00 a.m. as the date for written submission, unless otherwise instructed by the presiding Judge. This date shall be at least 10 days from filing, except on leave of court.
Page 10 | 5.0 MOTIONS
Responses must be filed at least three days before the submission date unless the court grants leave.
Responses shall be filed at least three days before the date of submission, except on leave of court.
Page 10 | 5.0 MOTIONS
The attendance certificates must be filed by the date the case is set for final hearing.
The certificates shall be filed no later than the date the case is set for final hearing.
Page 14 | 4.6 PARENT EDUCATION
A person appointed by a judge who may receive a fee must file the designated attorney voucher within 60 days after a plea, dismissal, or other disposition.
Each person appointed by a judge for which any type of fee may be paid shall file the designated attorney voucher within 60 days of any plea, dismissal or other disposition of the case.
Page 20 | 7.0 Attorney Vouchers
The court recorder must file the statement of facts with the court of appeals within fifteen days after perfection of an appeal or writ of error.
The court recorder shall file the statement of facts with the court of appeals within fifteen days of the perfection of an appeal or writ of error.
Civil cases
Page 2 | 4. Time for Filing
A district judge must review the bail decision as soon as practicable and no later than the next business day after the motion and proposed order are filed.
A district judge must review a bail decision as soon as practicable but not later than the next business day after the date a "Motion for Review of Bail Decision" and proposed Order has been filed with the District Clerk's Office.
Criminal cases
Page 2 | GENERAL PROVISIONS
The District Clerk's Office must forward the motion and proposed order to the appropriate judge or designee queue immediately upon receipt.
The role of the District Clerk's Office is to forward the "Motion for Review of Bail Decision" and proposed Order to the appropriate District Court Judge or Designee queue immediately upon receipt.
Criminal cases
Page 2 | District Clerk's Office
Service and Proof of Service Rules
Upon receiving the order, the clerk must post a copy prominently in the public area of the clerk’s office, and that posting constitutes notice of assignment.
It is further ordered that the Clerk, upon receipt hereof, shall post a copy of this order in a prominent place in the public area of the Clerk's office. This posting shall constitute "Notice of Assignment" as required by Section 74.053, Texas Government Code.
Page 3 | ORDER OF ASSIGNMENT BY THE PRESIDING JUDGE
The defense motion must be served on the State, and the adversarial bail review hearing may not occur earlier than 72 hours after the State's attorney has been served with the motion and given the required hearing notice.
Any arrestee who remains in jail after the individualized hearing must be provided with the opportunity for an adversarial bail review hearing before a District Court Judge, County Court at Law Judge or Associate Judge upon a properly filed or e-filed defense motion served upon the State. The adversarial bail review hearing will be held no earlier than 72 hours after the attorney for the State has been served with the motion and given requisite notice of the date and time of the hearing.
Criminal cases
Page 14 | GENERAL PROVISIONS
The requestor must provide all adverse parties or their counsel a hearing notice stating the hearing's time and date.
The notice of oral hearing shall state the time and date and be provided to all adverse parties or their counsel, by the requestor.
Page 10 | 5.0 MOTIONS
At least annually, notice of intended dismissal for want of prosecution must be given under Rule 165a to attorneys of record and to pro se parties whose addresses appear on the docket or in the file.
8.1 At least once each year cases shall be dismissed for want of prosecution. Notice of intention to dismiss shall be given in accordance with Rule 165a, T.R.C.P., to all attorneys of record, and to pro se parties whose addresses are shown on the docket or in the papers of the file.
Page 12 | 8.0 DISMISSAL DOCKET
An attorney or pro se party must file an appropriate initial pleading and promptly furnish a true copy to opposing counsel or the opposing pro se party, as applicable.
Any attorney representing a party or a pro se party in a case shall file an appropriate initial pleading with the court, be it a Petition, Answer, Notice of Appearance as Attorney of Record, or Motion and Order for Substitution of Counsel and promptly furnish a true copy thereof to opposing attorney or pro se party, as applicable.
Page 13 | 4.1 APPEARANCE OF COUNSEL
The petitioner or movant must provide the scheduling order to each party, including pro se parties, who has made or makes a general appearance in the pending case.
Notwithstanding the foregoing, it shall also be the duty of the Petitioner or Movant in a pending case in which a Scheduling Order has been issued to provide a copy of the Scheduling Order to each party, including pro se parties, who has made or makes a general appearance in the pending case.
Page 14 | 4.5 SCHEDULING ORDERS
Required disclosures must be furnished to opposing counsel or, if the opposing party is pro se, directly to that party at their address.
The disclosures required under this rule shall be made by furnishing the information to the opposing party's attorney of record or, if the opposing party is pro se, by furnishing the disclosures to the opposing party at the party's address.
Page 17 | 5.8 DELIVERY OF DISCLOSURE
The District Clerk must provide notice of the Agreement to all parties and counsel of record in cases transferred under it.
The District Clerk shall ensure that notice of this Agreement I provided to all parties and counsel of record in cases that are transferred pursuant to this Agreement.
Page 2 | Notice to Parties and Counsel
The District Clerk must provide all parties and counsel of record notice of the Agreement in cases transferred under it.
The District Clerk shall ensure that notice of this Agreement I provided to all parties and counsel of record in cases that are transferred pursuant to this Agreement.
Page 2 | Agreement Regarding the Exchange of Benches
It is ordered that the Clerk of the Court to which this assignment is made, if it is reasonable and practicable, and if time permits, give notice of this assignment to each attorney representing a party to a case that is to be heard in whole or in part by the assigned Judge or upon written instructions by the trial court.
It is ordered that the Clerk of the Court to which this assignment is made, if it is reasonable and practicable, and if time permits, give notice of this assignment to each attorney representing a party to a case that is to be heard in whole or in part by the assigned Judge or upon written instructions by the trial court.
Page 3 | ORDER OF ASSIGNMENT BY THE PRESIDING JUDGE
Filing Fees and Waivers
No additional fee may be charged for making a document accessible or for pages added solely because of the format change.
No additional fee may be charged for converting a document into an accessible format or for extra pages caused solely by the format change.
Page 3 | 3. GENERAL STANDARDS
Standard copy fees may be charged only on the same basis as fees for a standard copy.
Standard copy fees may be charged only to the same extent they would be charged for a standard copy.
Page 3 | 3. GENERAL STANDARDS
A person with a disability cannot be charged for auxiliary aids or services needed for effective communication, and those costs cannot be assessed as court costs.
The Courts and County will not require a person with a disability to pay for auxiliary aids or services needed for effective communication and will not assess those costs as court costs.
Page 3 | 3. GENERAL STANDARDS
Filing Bundling Requirements
Multiple charges for one defendant may be reported on one form, but the form must include companion cause numbers and charge-specific work descriptions; insufficient explanations may result in non-payment for the hour.
(2) Multiple charges for the same Defendant may be included on one form. Ensure you include the companion cause numbers above and detailed descriptions of the work performed for each particular charge below. Failure to properly explain which charge the billed hours applies may result in non-payment for that hour;
Criminal cases
Page 33 | INSTRUCTIONS
Multiple charges for the same defendant may be bundled on one claim form.
Multiple charges for the same Defendant may be included on one form.
Criminal cases
Page 31 | INSTRUCTIONS
Adjournment & Extension Requirements
A setting may be passed only by settlement, an all-party written agreement approved by the court, an announced verbal agreement followed by a timely filed memorandum signed by at least one attorney, or a continuance motion granted by the court.
7.1 No setting shall be passed except by: 7.1.1 Settlement; or 7.1.2 Written agreement of all parties with approval of the court; or 7.1.3 Verbal agreement announced to the court, followed by a memorandum, timely filed, evidencing the agreement signed by at least one attorney; or 7.1.4 A motion for continuance granted by the court.
Page 11 | 7.0 AGREEMENTS TO PASS
For a rescheduled case, obtain the future date from the Coordinator or Judge before leaving the courtroom, and the Judge has discretion over that date.
When a case is to be rescheduled, the future date must be obtained from the Coordinator or Judge prior to leaving the courtroom. The future date is within the discretion of the Judge.
Page 19 | 4.4 CONTINUANCES AND RESETS
If the emergency scheduling procedure is invoked, nonessential matters are continued and rescheduled while essential matters proceed as scheduled.
10.3 If the District Courts invoke these Inclement Weather, Emergency, and Public Health Scheduling Procedure, then all non-essential court matters will be continued and re-scheduled. Essential court matters will go forward as scheduled.
Page 5 | 10.3
When County buildings close, District Courts remain closed until reopening is announced, and essential matters are rescheduled or held at approved alternate locations.
If the County Judge of Fort Bend County announces that County buildings will be closed, the District Courts will remain closed until the County Judge announces the reopening of the buildings. Essential court matters will be rescheduled or held at approved alternate locations.
Page 5 | 10.2.1 COUNTY CLOSED
All nonessential matters in the District Courts will be canceled on the days classes are canceled. Should the school closure last more than seven (7) days, the District Courts will communicate an alternate schedule on their websites.
All nonessential matters in the District Courts will be canceled on the days classes are canceled. Should the school closure last more than seven (7) days, the District Courts will communicate an alternate schedule on their websites.
Page 5 | 10.2.2 SCHOOL DISTRICTS – CLASSES CANCELED
The court may, in its discretion, grant a continuance for matters scheduled before the vacation letter is filed.
It is within the court's discretion to grant a continuance in matters scheduled prior to the filing of the vacation letter.
Page 8 | 15.1 DESIGNATION OF VACATION
Chambers Communication Rules
Counsel must contact the Court before a setting if a scheduling conflict arises.
If there is a scheduling conflict with a court setting, counsel must contact the Court prior to the setting.
Criminal cases
Page 18 | II. GENERAL REQUIREMENTS FOR ALL MISDEMEANOR APPOINTMENTS
Approved-list attorneys must maintain a promptly reachable business phone during regular business hours and from 8:00 a.m. to 5:00 p.m. on weekends and holidays for appointment and hearing notices.
An attorney who appears on the approved list of attorneys qualified to receive appointments to represent indigents must maintain a place of business with a phone that is answered during regular business hours and from 8:00 a.m. to 5:00 p.m. on the weekends and holidays. Such attorney shall make arrangements so that the attorney may be promptly located and notified of appointment or hearing settings.
Criminal cases
Page 9 | VI. STANDARDS AND RESPONSIBILITIES FOR ATTORNEYS, B. Phone and Email Requirements
Approved-list attorneys must maintain a continuously operational email address and include it in the specified profile as official contact information for court notices of appointments and hearings.
Attorneys on the approved list must maintain an email address which shall be operational 24 hours a day, seven days a week. These phone numbers and email addresses shall be included on the Fort Bend County Applicant & Attorney Profile for Criminal Appointments (see “Addendum C”) and shall be the official contact information utilized by the Court to inform counsel of appointment or court hearings.
Criminal cases
Page 9 | VI. STANDARDS AND RESPONSIBILITIES FOR ATTORNEYS, B. Phone and Email Requirements
Appointed counsel must maintain an active email account to receive court appointments and procedural-change notices.
Counsel must have an active e-mail account to receive court appointments and notices regarding procedural changes.
Criminal cases
Page 14 | II. Generally as to all other Felonies
Counsel must respond promptly to communications from the Court.
Counsel must respond promptly to communications from the Court.
Criminal cases
Page 14 | II. Generally as to all other Felonies
Counsel must contact the Court before a setting if a scheduling conflict arises.
If there is a scheduling conflict with a court setting, counsel must contact the Court prior to the setting.
Criminal cases
Page 14 | II. Generally as to all other Felonies
Each court must communicate its special procedures through official channels, specifically its website.
10.6. Special procedures for each court are to be communicated using official means of communication, namely the website for each individual court.
Page 5 | 10.6
During inclement weather emergencies or public concern, litigants are encouraged to submit contested motions on an available submission docket or contact the assigned court about remote-conferencing alternatives.
10.4 During times of inclement weather emergencies or public concern, all litigants are encouraged to: a. Submit contested motions on a submission docket where available; or b. contact assigned individual court to determine if telephone or video conferencing is an available alternative to an in-person hearing.
Page 5 | 10.4
Participants who have difficulty connecting should notify the court coordinator; if the problem persists, other arrangements will be made.
If a participant has difficulty connecting, please notify the court coordinator. If the issue persists, other arrangements will be made for the proceeding.
Criminal cases
Page 2 | 4. Virtual Hearings
Junior Lawyer Participation Incentives
A second chair must be a licensed attorney practicing criminal law for less than 10 years and meet the requirements referenced in the text.
The second chair must be a licensed attorney by the State Bar ofTexas practicing criminal law less than 10 years and meet the requirements listed under
Criminal cases
Page 18 | II(C). Second Chair Program