Fort Bend County, TX Document Filing Requirements
382 rules from official source documents
Required elements, certificates, and structural requirements for court documents.
CRITICALCriminal cases
- Applies to
- Probable cause affidavit
The probable cause affidavit must include any additional information necessary for the magistrate to make the appropriate judgment.
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.
CRITICALCriminal cases
- Applies to
- Affidavit of indigency
An arrestee claiming indigency must complete and file a sworn affidavit of indigency with the magistrate.
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”.
CRITICALCriminal cases
- Applies to
- No probable cause finding
When applicable, a magistrate must make a written No Probable Cause finding within 24 hours after making the finding.
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.
CRITICALCriminal cases
- Applies to
- Motion to withdraw
An appointed attorney seeking to withdraw from appellate representation must promptly move to withdraw after post-trial matters are complete, state good and satisfactory cause, and bring the motion to the judge’s immediate attention.
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.
CRITICALCriminal cases
- Applies to
- Written motion for expenses
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.
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.
CRITICALCriminal cases
- Applies to
- Expense reimbursement request
Appointed counsel must submit a timely, complete, and true expense statement with the reimbursement request and certify that the expenses were duly rendered by the claimant.
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.
CRITICALCriminal cases
- Applies to
- Expense reimbursement request
Appointed counsel must submit a timely, complete, and true expense statement with the reimbursement request and certify that the expenses were duly rendered by the 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.
CRITICALCriminal cases
- Applies to
- Request for advance payment of investigative and expert expenses
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.
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.
CRITICALCriminal cases
- Applies to
- Denial of request for advance payment of expenses
If the judge denies any part of the expense request, the judge must state the reasons in writing, attach the denial to the confidential request, and submit both as a sealed exhibit to the record.
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.
CRITICALCriminal cases
- Applies to
- Appointment application
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.
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.
CRITICALCriminal cases
- Applies to
- Appointment application
Applicants requesting a mental-health appointment list must attach proof of the required mental-health CLE or attendance/viewing of the county seminar.
*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.
CRITICALCriminal cases
- Applies to
- Attorney fee claim form felony
The felony attorney fee claim form requires selection of a payment type.
Payment Type (Required)
CRITICALCriminal cases
- Applies to
- Attorney fee claim form felony
The attorney's fee claim includes a certification under penalty of perjury concerning representation, claimed services, other compensation, and payment requests.
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.
CRITICALCriminal cases
- Applies to
- Attorney fee expense claim
Paid investigator and expert bills must be submitted with the claim form.
Submit paid bills for Investigators/Experts with this form.
CRITICALCriminal cases
For a subpoena to be valid; it must request that a witness appear on a certain date and time.
For a subpoena to be valid; it must request that a witness appear on a certain date and time.
CRITICALCriminal cases
- Applies to
- Recertification application
The applicant certifies continued appointment qualifications and, by signing, swears or affirms that the application information is true and correct.
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.
CRITICALCriminal cases
- Applies to
- Statement of expenses
A timely, complete, and true statement of incurred expenses must accompany a reimbursement request submitted to 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.
CRITICALCriminal cases
- Applies to
- Motion
Appointment and reimbursement for the specified expenses with prior court approval require a written motion and prior approval by the trial judge.
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.
CRITICALCriminal cases
- Applies to
- Appointment application
Complete all fields before returning the application to the Indigent Defense Department.
Please complete all fields listed below prior to returning the form to the Indigent Defense Department.
CRITICALCriminal cases
- Applies to
- Appointment application
Attach a recent passport-size photograph to the application.
2. A recent passport size photograph of you;
CRITICALCriminal cases
- Applies to
- Attorney fee expense claim form
Paid investigator and expert bills must be submitted with the form; expert and investigative fees are paid under the cited statutory provisions.
(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).
CRITICALCriminal cases
- Applies to
- Attorney fee expense claim form
The attorney submitting the claim must certify the listed facts about representation, work performed, compensation, and prior payment requests.
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.
CRITICALCriminal cases
The application must be completed in full before it is returned, and additional pages may be used if necessary.
Please complete all fields listed below prior to returning the form to the Indigent Defense Department. You may use additional pages if necessary.
CRITICALCriminal cases
- Applies to
- Recertification application
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.
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.
CRITICALCriminal cases
- Applies to
- Pre trial intervention interview report
A person seeking appointed counsel must complete a Pre-Trial Intervention Interview Report to determine eligibility.
(a) You must complete a Pre-Trial Intervention Interview Report to determine if you· qualify for a court appointed attorney;
CRITICALCriminal cases
- Applies to
- Application for counsel and order
An Application for Counsel and Order must be completed and signed.
(c) An Application for Counsel and Order must be completed and signed;
CRITICALCriminal cases
- Applies to
- Notice
In every case, the IDC must explain the financial-information interview and provide the arrestee the specified notice language.
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?"
CRITICALCriminal cases
- Applies to
- Affidavit
The IDC must have the arrestee sign an affidavit affirming advice about the right to counsel and stating whether the arrestee has or requests appointed counsel.
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.
CRITICALCriminal cases
- Applies to
- Affidavit
The affidavit must be included in the court file.
This affidavit is included in the court file.
CRITICALCriminal cases
- Applies to
- Affidavit
In every case, the IDC must use an affidavit to determine the arrestee's ability to pay money bail.
In every case, the IDC must determine the arrestee's ability to pay money bail using an affidavit.
CRITICALCriminal cases
- Applies to
- Affidavit
The affidavit must be provided after arrest and before the individualized hearing, and ask under penalty of perjury how much the arrestee can afford from any lawful source within 24 hours of arrest.
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.
CRITICALCriminal cases
- Applies to
- Affidavit
The affidavit must comply with Article 17.028(f) of the Texas Code of Criminal Procedure.
The affidavit shall comport with the requirements of Article 17.028 (f) of the Texas Code of Criminal Procedure.
CRITICALCriminal cases
- Applies to
- Written notice
The arrestee must receive written notice that, with written consent, the Public Defender's Office will represent them only for the initial bail hearing.
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.
CRITICALCriminal cases
- Applies to
- Bail order
An order granting bail must identify the individuals who appointed the Associate Judge and state that the judge was appointed by them.
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.
CRITICALCriminal cases
- Applies to
- Initial pretrial release and bail hearing record
The initial pre-trial release and bail hearing must be recorded electronically in audio or audio-visual form.
A record of the initial pre-trial release and bail hearing shall be made by electronic audio or audio-visual recording
CRITICALCriminal cases
- Applies to
- Initial pretrial release and bail hearing findings and rulings
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.
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.
CRITICALCriminal cases
- Applies to
- Initial pretrial release and bail hearing record
The initial pre-trial release and bail hearing record must be stored and preserved in accordance with Texas Code of Criminal Procedure Article 15.17.
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.
CRITICALCriminal cases
- Applies to
- Proceedings log
A detailed, legible log of the proceedings must be kept and indexed by date and arrestee identifiers.
A detailed and legible log of the proceedings shall be kept, indexed by date and identifiers of arrestee.
CRITICALCriminal cases
- Applies to
- Bail order
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.
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.
CRITICALCriminal cases
- Applies to
- Financial information affidavit
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.
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.
CRITICALCriminal cases
- Applies to
- Money bail order
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.
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.
CRITICALCriminal cases
- Applies to
- Re indictment
The district attorney must file a Notice To Transfer along with a re-indictment.
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.
CRITICAL
- Applies to
- Discovery motion
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.
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.
CRITICAL
- Applies to
- Dismissal or nonsuit
A dismissal or non-suit must be accomplished by notice and a court order.
5.8 DISMISSAL. Any dismissal or non-suit shall be accomplished by notice with a court order.
CRITICAL
- Applies to
- Opposed motion
- Must include
- certificate of conference
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.
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.
CRITICAL
- Applies to
- Memorandum
A verbal agreement to pass a setting must be announced to the court and followed by a timely filed memorandum evidencing the agreement, signed by at least one attorney.
7.1.3 Verbal agreement announced to the court, followed by a memorandum, timely filed, evidencing the agreement signed by at least one attorney;
CRITICAL
- Applies to
- Ex parte application
An application for ex parte relief must state whether the opposing party is represented by counsel, to the applicant’s and attorney’s knowledge, and identify counsel if represented.
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.
CRITICAL
- Applies to
- Pleading
A pleading must contain all information required by Texas Rule of Civil Procedure 57.
The pleading shall contain all information required under the Texas Rules of Civil Procedure ("T.R.C.P.") Rule 57.
CRITICAL
- Applies to
- Certificate
Each party required to attend the parent education course must file a certificate verifying attendance with the court.
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.
CRITICAL
- Applies to
- Disclosure notice
A party making a disclosure must promptly file a notice with the court confirming that the disclosure occurred.
Each party making a disclosure shall promptly file a notice with the court advising that the required disclosure has taken place.
CRITICAL
- Applies to
- Motion
Unopposed motions must be labeled “Unopposed” in the caption.
Unopposed motions shall be labeled "Unopposed" in the caption.
CRITICAL
- Applies to
- Motion
- Must include
- proposed order, certificate of service
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.
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.
CRITICAL
- Applies to
- Response
- Must include
- proposed order
Responses must be written and accompanied by a proposed order.
Responses shall be in writing and shall be accompanied by a proposed order.
CRITICAL
- Applies to
- Reset agreement
A reset agreement must be submitted to the Court for approval and then filed with the District Clerk, unless the Court requires e-filing of resets.
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.
CRITICAL
- Applies to
- Reset agreement
Off-docket resets must follow the applicable Judge’s or court’s guidelines, and attorneys must prepare a reset agreement for Court approval.
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.
CRITICAL
- Applies to
- Motion to withdraw
An appointed or retained attorney seeking to withdraw before disposition must file a written motion at least 15 days before a trial setting.
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.
CRITICAL
- Applies to
- Motion to substitute counsel
An attorney replacing existing counsel must file a written substitution motion that names both attorneys.
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.
CRITICALCivil cases
- Applies to
- Case file
The District Clerk must attach the appropriate Standing Temporary Mutual Injunctions to each divorce or parent-child-relationship cause.
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.
CRITICALCivil cases
- Applies to
- Request for citation
The District Clerk must provide a copy of the appropriate Standing Temporary Mutual Injunctions with each request for citation.
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:
CRITICALCivil cases
- Applies to
- Petition for divorce with children
For a petition for divorce with children, the clerk must attach the Standing Temporary Mutual Injunctions designated as Exhibit A.
1. Petitions for Divorce with Children the clerk shall attach the Standing Temporary Mutual Injunctions attached to this Order as Exhibit "A";
CRITICALCivil cases
- Applies to
- Petition for divorce without children
For a petition for divorce without children, the clerk must attach the Standing Temporary Mutual Injunctions designated as Exhibit B.
2. Petitions for Divorce with no Children the clerk shall attach the Standing Temporary Mutual Injunctions attached to this Order as Exhibit "B"· and
CRITICALCivil cases
- Applies to
- Petition containing suit affecting parent child relationship
For a petition containing a Suit Affecting the Parent Child Relationship, the clerk must attach the Standing Temporary Mutual Injunctions designated as Exhibit C.
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".
CRITICALCivil cases
- Applies to
- Statement of facts
The court recorder must certify that the digital recording is a clear and accurate copy of the original recording of the entire proceeding.
certified by the court recorder to be a clear and accurate copy of the original recording of the entire proceeding;
CRITICALCivil cases
- Applies to
- Statement of facts
The statement of facts must include copies of the typewritten and original case logs certified by the court recorder.
b. A copy of the typewritten and original logs filed in the case certified by the court recorder; and
CRITICALCivil cases
- Applies to
- Statement of facts
The exhibits must be accompanied by a numerically ordered list with a brief identifying description of each exhibit.
with a list in numerical order and a brief identifying description of each.
CRITICALCivil cases
- Applies to
- Brief
Each party must file an appendix with its brief containing transcriptions of all portions of the recorded statement of facts and copies of exhibits relevant to the asserted error.
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.
CRITICALCivil cases
- Applies to
- Appellant appendix
For paupers, the court recorder must transcribe or arrange for transcription of the recorded statement of facts and file it as the appellant's appendix.
Texas Rule of Appellate Procedure 40(j)(1) [FN**] shall be interpreted to require the court recorder to transcribe or have transcribed the recorded statement of facts and file it as appellant's appendix.
CRITICALCriminal cases
- Applies to
- Motion for review of bail decision
- Must include
- proposed order
A bail-review motion or similar request must be filed together 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.
CRITICAL
- Applies to
- Discovery motion
Discovery sanctions motions, requests for rulings on discovery objections, and motions to compel must state the disputed request, objection, and answer or response in one concise document.
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.
CRITICAL
- Applies to
- Opposed motion
- Must include
- certificate of conference
Opposed motions must include a certificate of conference stating the parties’ good-faith efforts and the disagreement, or detailing why and how they could not confer.
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.
CRITICAL
- Applies to
- Dismissal or non suit
A dismissal or non-suit must be accomplished by notice and a court order.
5.8 DISMISSAL. Any dismissal or non-suit shall be accomplished by notice with a court order.
CRITICAL
- Applies to
- Application for immediate or temporary relief
An application for immediate or temporary relief must be filed before presentation to the judge, except in an emergency or when the clerk’s office is closed.
9.1 Except in emergencies or when the clerk's office is not open for business, no application for immediate or temporary relief shall be presented to the Judge until it has been filed.
CRITICAL
- Applies to
- Application for ex parte relief
An application for ex parte relief must state whether the opposing party is represented by counsel, to the applicant’s and attorney’s knowledge, and identify counsel if represented.
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.
CRITICAL
- Applies to
- Pleading
A pleading must contain all information required by Texas Rule of Civil Procedure 57.
The pleading shall contain all information required under the Texas Rules of Civil Procedure ("T.R.C.P.") Rule 57.
CRITICAL
- Applies to
- Certificate
A party required to attend the referenced parent education course must file a certificate verifying attendance with the court.
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.
CRITICAL
- Applies to
- Certificate
The attendance certificates must be filed no later than the date set for the final hearing.
The certificates shall be filed no later than the date the case is set for final hearing.
CRITICAL
- Applies to
- Temporary order financial disclosure
For temporary-order hearings involving child or spousal support, the specified financial documents must be exchanged before the hearing, even if the Initial Disclosure period has not expired.
In any hearing for temporary orders in which child support or spousal support is an issue, completion and exchange of Financial Information Statements, copies of income tax returns for the past two years, and the three most recent payroll stubs shall be exchanged prior to the commencement of the hearing regardless of whether the time period to make Initial Disclosure has expired under T.R.C.P. Rule 194.2.
CRITICAL
- Applies to
- Final trial disclosures
Before trial, parties must exchange their final sworn inventory, financial information, suggested child-support findings, and proposed property division.
A party's final sworn Inventory and Appraisement, Financial Information Statement and financial information required under the Family Code (including, but not limited to, the party's income tax returns for the past two years and the party's three most recent payroll stubs), as well as suggested findings regarding child support and a proposed division of property shall be exchanged prior to the commencement of trial pursuant to the court's Rules of Practice/Policies and Procedures.
CRITICAL
- Applies to
- Inventory
If children are involved, the inventory must include enough information for the court to render a qualified medical child support order concerning their health insurance.
If children are involved in the proceeding, the inventory shall contain sufficient information so the court may render a qualified medical child support order regarding health insurance for the children.
CRITICAL
- Applies to
- Inventory
Each inventory must include specified property, liability, characterization, insurance, employment-benefit, retirement-plan, and net-worth information in the required format.
Each inventory shall list each item of property and its fair market value, and shall also list each liability, together with the amount of the liability, the number of periodic payments in arrears, if any, the property securing its payment, and the name of the creditor. Any property or liability shall likewise be characterized as separate or community. All beneficial interests in insurance and all benefits arising from a party's employment (such as pensions, profit sharing plans, savings or thrift plans, whether vested or non-vested) shall be identified. Each party shall incorporate, as an exhibit to the inventory, the last information furnished to the employee about to the employee's rights and monetary interest in the retirement and savings plans. Each party shall also furnish sufficient information so the court may render a qualified domestic relations order, if applicable. The inventory shall list and total, in columnar format, the property values and liabilities. Each inventory shall show the net worth of the community estate.
CRITICAL
- Applies to
- Divorce or annulment property disclosure
In divorce or annulment suits, each party must provide the other party specified property-related documents without waiting for a discovery request.
5.4.1 DISCLOSURE IN DIVORCE OR ANNULMENT. Each party to a suit for divorce or annulment shall, without waiting for a discovery request, provide to the other party the following information about property in which the party claims an interest: 5.4.2 All documents pertaining to real estate; 5.4.3 All documents pertaining to any pension, retirement, profit-sharing, or other employee benefit plan, together with the most recent account statement for any plan; 5.4.4 All documents pertaining to any life, casualty, liability, and health insurance; 5.4.5 The most recent account statement pertaining to any account located with any financial institution including, but not limited to, banks, savings & loans, credit unions, and brokerage firms.
CRITICAL
- Applies to
- Child or spousal support disclosure
In suits involving child or spousal support, each party must provide specified insurance and financial information without waiting for a discovery request, unless the financial information was previously exchanged in connection with a temporary hearing.
5.5 DISCLOSURE IN SUIT IN WHICH CHILD OR SPOUSAL SUPPORT IS AN ISSUE. Each party to a suit in which child support or spousal support is in issue shall, without waiting for a discovery request, provide to the other party the following information: 5.5.1 all policies, statements, and description of benefits which reflect any and all medical and health insurance coverage that is or would be available for the child or the spouse; 5.5.2 Unless the information has previously been exchanged in connection with a temporary hearing (Rule 4.1), a Financial Information Statement for the party, together with that party's previous two years income tax returns and two most recent payroll check stubs, or, if no payroll check stubs are available, the party's latest Form MT-2.
CRITICAL
- Applies to
- Motion to withdraw
A retained trial attorney remains attorney of record on appeal unless the attorney files a written withdrawal motion when the notice of appeal is given.
6.3 A retained attorney of record at the time of trial will be considered the attorney of record in the event of an appeal unless the attorney files a written motion withdraw when notice of appeal is given
CRITICAL
- Applies to
- Notice of hearing
The requestor must provide all adverse parties or their counsel with an oral-hearing notice stating the date and time.
The notice of oral hearing shall state the time and date and be provided to all adverse parties or their counsel, by the requestor.
CRITICAL
- Applies to
- Motion
The caption of an unopposed motion must label it “Unopposed.”
Unopposed motions shall be labeled "Unopposed" in the caption.
CRITICAL
- Applies to
- Motion
- Must include
- proposed order, certificate of service
Motions must be written and include a certificate of service and proposed order; the proposed order must be separate unless all listed components fit on one page.
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.
CRITICAL
- Applies to
- Response
- Must include
- proposed order
Responses must be written and accompanied by a proposed order.
Responses shall be in writing and shall be accompanied by a proposed order.
CRITICAL
- Applies to
- Motion
Motions set for written submission must state a Monday at 8:00 a.m., unless the presiding Judge instructs otherwise.
Motions shall state a Monday date at 8:00 a.m. as the date for written submission, unless otherwise instructed by the presiding Judge.
CRITICAL
- Applies to
- Reset agreement
A reset agreement must be submitted to the Court for approval and then filed with the District Clerk, unless the court requires e-filing.
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.
CRITICAL
- Applies to
- Reset agreement
Off-docket resets must follow the applicable Judge’s or court’s guidelines, and attorneys must prepare a reset agreement for court approval.
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.
CRITICAL
- Applies to
- Motion to withdraw
Before a case is disposed, an appointed or retained attorney seeking to withdraw must file a written motion at least 15 days before the trial setting.
6.1 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.
CRITICAL
- Applies to
- Motion to substitute counsel
An attorney replacing existing counsel must file a written substitution motion naming both the incoming and outgoing attorneys.
6.2 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.
CRITICAL
- Applies to
- Hearing request
A hearing request must state the hearing type, anticipated length, and whether an interpreter is needed and in what language.
Request a hearing date and time by contacting the Court Coordinator, Elizabeth Adelekan, at 240AJ@fortbendcountytx.gov. You MUST indicate in your hearing request the following: 1. The type of hearing requested; 2. The anticipated length of the entire hearing 3. Whether an interpreter is necessary and the required language
CRITICAL
- Applies to
- Motion or petition
Exhibits filed with a motion or petition must be attached to the lead document and properly labeled.
When filing a motion or petition, exhibits shall be attached to the lead document and be properly labeled.
CRITICAL
- Applies to
- Exhibits
Parties must deliver all exhibits to the court reporter in the applicable digital format at any pretrial hearing or by 5:00 p.m. on the business day before trial or hearing begins.
All parties shall deliver to the court reporter all exhibits on a flash drive, DVD(s), email, or other appropriate device(s) in the applicable digital format provided herein at the pre-trial hearing, if any, or no later than 5:00 p.m on the business day before a trial or hearing begins.
CRITICAL
- Applies to
- Audio or audiovisual recording
Audio and audiovisual recordings played in court must be entered as an exhibit for the court reporter to retain for the appellate record, if any.
Witness by Video Deposition: Audio and audio-visual recordings played in court shall be entered as an exhibit in the proceedings: which the court reporter will retain for the record on appeal, if any.
CRITICAL
- Applies to
- Motion
Motions and proposed orders must be filed before a hearing is set.
Motions and Proposed Orders MUST be filed before setting a hearing.
CRITICAL
- Applies to
- Pleading
An attorney’s signature block on any pleading must include the email address for Court communications.
An attorney’s signature block on any pleading must contain the email address at which the attorney wishes to receive communications from the Court.
CRITICAL
- Applies to
- Interpreting services request form
Counsel or a pro se individual must submit the ISR Form by email to the Court Coordinator at least 72 hours before an appearance, hearing, or trial when interpretation in a listed language is reasonably anticipated.
It is the Counsel or Pro Se Individual’s responsibility to submit an Interpreting Services Request Form (ISR Form). Completed forms must be emailed to the Court Coordinator at least 72 hours before any appearance, hearing, or trial at which the Counsel or Pro Se Individual reasonably anticipates the need for language interpretation in one of the following nine languages:
CRITICAL
- Applies to
- Electronic reset
An electronic reset must include the defendant’s signature; resets signed “by permission” are not accepted.
The reset MUST include the defendant’s signature. Resets signed “by permission” will not be accepted.
CRITICAL
- Applies to
- Exhibit
An exhibit must be tendered to the Court Reporter once offered, whether or not it is admitted.
Once an exhibit is offered (even if not admitted), it must be tendered to the Court Reporter.
CRITICAL
- Applies to
- Motion
- Must include
- certificate of conference
Motions must include certificates of conference.
Motions must have certificates of conference.
CRITICAL
- Applies to
- Certificate of conference
A certificate of conference must explicitly describe efforts to resolve the motion with all other parties or counsel before filing.
All certificates of conference must be explicit as to the party’s efforts to resolve the motion with all other parties/counsel prior to filing.
CRITICAL
- Applies to
- Agreed docket control order
A pretrial and trial setting must be obtained from the Court Coordinator before filing the Agreed Docket Control Order.
You must obtain a pre-trial and trial setting from the Court Coordinator prior to filing the Agreed Docket Control Order.
CRITICAL
- Applies to
- Discovery motion
- Must include
- certificate of conference
A discovery motion must include an explicit certificate of conference meeting the stated certificate requirements.
Include an explicit certificate of conference as described above in the section of these procedures titled “Certificates of Conference.”
CRITICAL
- Applies to
- Hearing request
To schedule a hearing before the Presiding Judge, the requesting party must send the Court Coordinator a file-stamped copy of the Notice of Hearing.
If scheduling a hearing before the Presiding Judge, the requesting party must send a file-stamped copy of the Notice of Hearing to the Court Coordinator in order for the Court to schedule the hearing.
CRITICAL
The Court will not consider a matter set for hearing after the Docket Control Order deadline without a motion for leave explaining sufficient cause for late filing.
Any matter that has been set by the parties for an oral hearing on a date later than the deadline in the DOCKET CONTROL ORDER will not be considered by the Court without a motion for leave explaining sufficient cause for the late filing.
CRITICAL
- Applies to
- Motion for leave to late file response
- Must include
- proposed order
A response filed after its rules-based deadline must be accompanied by a separate motion for leave to file late and a proposed order.
Responses that are filed after the response deadline provided for in the rules MUST be accompanied by a separate motion for leave to late file the response with a proposed order.
CRITICAL
- Applies to
- Notice of hearing
A Notice of Hearing for a virtual hearing must include the virtual link, meeting number, and meeting password.
Notice of Hearing must include the virtual link, meeting number, and meeting password.
CRITICAL
- Applies to
- Motion for emergency hearing
If the parties confer but only one considers the matter an emergency, the requesting party must file a motion for emergency hearing.
If, after conferring, only one party thinks it is an emergency, the party requesting the hearing must file a motion for emergency hearing.
CRITICAL
- Applies to
- Motion for summary judgment
A summary judgment motion must be titled “Traditional and No Evidence” or “Combined Traditional and No Evidence.”
All motions for summary judgment must be titled Traditional and No Evidence or Combined Traditional and No Evidence.
CRITICAL
- Applies to
- Notice of hearing
- Must include
- certificate of service
The Notice of Hearing must include a certificate of service identifying the method used to serve the non-movant.
The Notice of Hearing must contain a certificate of service which must indicate the method of service on the non-movant.
CRITICAL
- Applies to
- Notice of withdrawal or passing of motion
- Must include
- proposed order
If the movant passes or withdraws its summary judgment motion, it must notify the Court in writing and include a proposed order.
If movant passes or withdraws its Motion, Movant must notify the Court in writing accompanied by a Proposed Order.
CRITICAL
- Applies to
- Motion for default judgment
All motions for default judgment require an oral hearing.
The Court requires an oral hearing for all Motions for Default Judgment.
CRITICAL
- Applies to
- Notice of hearing
For a virtual default judgment hearing, the Notice of Hearing must include the meeting link, meeting number, and meeting password.
If the hearing is virtual, the Court requires the meeting link, meeting number, and meeting password to be included in the Notice of Hearing.
CRITICAL
- Applies to
- Notice of hearing
For an in-person default judgment hearing, the Notice of Hearing must include the Court’s name and address.
If the hearing is in-person, the Court requires the Notice of Hearing to include the name of the Court and address of the Court.
CRITICAL
- Applies to
- Request for attorneys fees as sanctions
Requests for attorney’s fees as sanctions must establish reasonableness and necessity by affidavit or live testimony and meet other legal requirements, unless the parties agree to the amount in one of the stated forms.
All requests for attorney’s fees as sanctions MUST be established by affidavit or live testimony as to reasonableness and necessity as well as meet other legal requirements, unless the parties agree on the record, in a filed Rule 11 Agreement, or an agreed order as to the amount.
CRITICAL
- Applies to
- Motion and order for severance
Motions and orders for severance must include the listed case identifiers, party and pleading information, cost-assessment attorney details, and the severance case’s status and appealability.
All motions and orders for severance must contain the following: a. Court number, case type and new style name; b. Reference the parties in the new suit; c. List of original pleadings to be severed out and transferred to the new case; d. List of pleadings to be transferred to the new case (together with a listing of the document type, activity date for the document, number of pages and image number); e. Indicate attorney name, address and bar number to whom costs for the severance are to be assessed; and f. Indicate the severance case's status, and whether the new case file is interlocutory (not a final appealable matter) or whether severance will cause the newly severed matter to be final and appealable upon severance. As an example, if a plaintiff obtains a summary judgment as to one of multiple defendants and severs the disposed claims against that defendant into a new cause, that severance order will start the appellate timelines because all claims in the new cause will be resolved as to all claims and all parties. This should be expressly stated in the motion for severance.
CRITICAL
- Applies to
- Special exception
A special exception must identify the challenged pleading or portion by page and paragraph, except when it challenges only the maximum amount of damages sought under Texas Rule of Civil Procedure 47.
Please explicitly identify by page and paragraph the pleading or portion thereof to which you are specially excepting (unless the special exception is only to the maximum amount of damages sought pursuant to Texas Rules of Civil Procedure 47).
CRITICAL
- Applies to
- Rule 106 substituted service motion
Rule 106 substituted-service motions are decided on submission without a hearing and must include an affidavit with the specified address-verification and service-attempt information.
All motions for substituted service under Rule 106 will be heard by submission without the need of a hearing and must be accompanied by an affidavit that includes the following information: a. Efforts taken to verify that defendant actually lives or works at the subject address; b. Each attempt at service, with date(s) and time(s). Evidence must indicate attempted service within 3 months of filling the motion. c. Identity of persons who were present at the subject address and what was said; and d. A printout of a public record or Public Data.com or similar online database confirming that the person to be served actually resides at the address at which service is being attempted. This can also include a statement identifying license plates of cars in the driveway and attaching a printout of license plates registered to the person to be served. Statements by neighbors or by people residing in the abode must include the full name of the person and a description. The Court requires some assurance that the person resides at that address.
CRITICAL
- Applies to
- Final order
Final orders must state that they dispose of all claims and parties and are intended to be final and appealable.
Final orders MUST state that the order disposes of all claims and all parties and is intended to be a final, appealable order.
CRITICAL
- Applies to
- Minor settlement
In a suit involving a minor, parties must disclose whether the minor is receiving a settlement so the Court can determine whether a guardian ad litem is warranted under Texas Rule of Civil Procedure 173.
In suits involving minors, parties must disclose to the Court whether the minor is receiving a settlement so the Court can determine whether a guardian ad litem should be appointed. The Court will not appoint a guardian ad litem where none is warranted by Texas Rules of Civil Procedure 173.
CRITICAL
- Applies to
- Minor settlement
A minor settlement must be proved up at a hearing, which may be virtual or in person.
The minor settlement must be proved up at a hearing, whether virtual or in-person.
CRITICAL
- Applies to
- Minor settlement
The proposed settlement agreement or judgment and the ad litem report must be filed after the hearing is scheduled and before the hearing.
The proposed settlement agreement or judgment and the ad litem report must be filed before the hearing, but after the hearing has been scheduled.
CRITICAL
- Applies to
- Notice of settlement
The parties must file a Notice of Settlement after agreeing to settle unless they immediately file closing documents; the Court will schedule a status hearing by submission to allow time for those documents.
The parties must file a Notice of Settlement once the parties have agreed to a settlement, unless closing documents are filed immediately. The Court will schedule a status hearing by submission to give parties time to file the closing documents.
CRITICAL
- Applies to
- Motion to retain
A Motion to Retain must be sworn and certify that discovery is complete, settlement attempts failed, and the case is trial-ready; if the case is set for trial or another court action, the motion should state its date and purpose.
The Motion to Retain must be sworn to and must certify that discovery is complete, settlement attempts were unsuccessful, and the case is ready for trial. If the case is already set for trial or any other specific court action, the Motion to Retain should reflect the date and the purpose for which the case is set.
CRITICAL
- Applies to
- Motion and proposed order to withdraw
Motions and proposed orders to withdraw as attorney of record must state how notice was provided to the client, whether the client consents, the client's last known contact details, and the client's right to appear or respond.
All motions and proposed orders to withdraw as attorney of record must contain the following: a. An indication that the motion to withdraw and notice of the hearing or notice of submission was provided to the client, including evidence of mailing the motion to the client; b. An indication of whether the client consents to the motion; c. The last known mailing address, phone and fax number of client; and d. Notice to client that client has the right to appear at the hearing to object to the motion or file a response prior to the submission of the motion
CRITICAL
- Applies to
- Motion to withdraw as attorney of record
- Must include
- certificate of conference
Motions to withdraw as attorney of record must include a certificate of conference.
These motions DO require a certificate of conference, as opposing counsel has a right to be heard on these motions.
CRITICAL
- Applies to
- Deposition testimony
Page-and-line designations and a non-condensed transcript copy must be furnished to the Court Reporter before deposition testimony is offered.
Page/line designations of deposition testimony, along with a non-condensed copy of the transcript, are to be furnished to the Court Reporter prior to the offer.
CRITICAL
- Applies to
- Letter of representation
All retained attorneys must have a written letter of representation on file.
For all retained attorneys, a written letter of representation must be on file.
CRITICAL
- Applies to
- Motion order to substitute
If an attorney of record is already on file, a newly retained attorney must file a Motion/Order to Substitute.
Furthermore, if a case has an attorney of record on file, the newly retained attorney must file a Motion/Order to Substitute.
CRITICAL
- Applies to
- Waiver
A waiver must be signed before a trial or disposition setting.
The Court requires a waiver to be signed prior to a trial or disposition setting.
CRITICAL
- Applies to
- Motion for trial or pretrial deadline continuance
A motion to continue a trial or pretrial deadline must include an appropriate affidavit unless the motion is agreed.
Motions for trial or pretrial deadline continuances MUST be accompanied by an appropriate affidavit, unless they are agreed.
CRITICALCriminal cases
- Applies to
- Affidavit
If the defendant is in custody in another county and has no pending court dates, attach proof of the defendant’s custody location to the affidavit.
If the defendant is currently in custody in another county and has no pending court dates, then you will need to provide proof of where they are in custody and attach it to your affidavit.
CRITICAL
- Applies to
- Reset
All resets must include the defendant’s signature, except when the defendant is quarantined for health reasons; the Court will not accept a signature provided with permission.
All resets (including those submitted via email) MUST include the defendant’s signature. The only exception is for defendants who are quarantined for health reasons. Otherwise the Court will not accept “signed with permission”.
CRITICAL
- Applies to
- Plea disposition paperwork
Plea and disposition paperwork for all pleas must be signed and filed before docket.
Plea/disposition paperwork must be signed and filed before docket for all pleas.
CRITICAL
- Applies to
- Letter of representation
All retained attorneys must have a written letter of representation on file.
For all retained attorneys, a written letter of representation must be on file.
CRITICAL
- Applies to
- Default judgment
Default judgments may be set on the submission docket unless unliquidated damages must be proved; submit the required non-military affidavit and Certificate of Last Known Address, and identify in the motion and proposed judgment whether the judgment is final or interlocutory.
Default judgments can be set on the submission docket, unless you need to prove up unliquidated damages. Please submit the proper non-military affidavit by visiting the Defense Manpower Data Center’s (DMDC) Military Verification service at https://scra.dmdc.osd.mil and a Certificate of Last Known Address. Please make clear in the title of the motion and proposed judgment whether the judgment will be final (disposing of all claims and all parties) or interlocutory (partial).
CRITICAL
- Applies to
- Response
- Must include
- proposed order
A request for an oral hearing does not replace a response or a motion to continue; either request must be filed separately from the response with a proposed order attached.
A request for an oral hearing is not a substitute for a response nor for a motion to continue the hearing. Please clearly identify your request for an oral hearing or your request to continue the hearing by filing them separately from your response with proposed orders attached.
CRITICAL
- Applies to
- Motion
Requests for attorney’s fees as sanctions must establish reasonableness and necessity by affidavit or live testimony and satisfy other legal requirements, unless the parties agree to the amount in one of the specified ways.
All requests for attorney’s fees as sanctions MUST be established by affidavit or live testimony as to reasonableness and necessity as well as meet other legal requirements, unless the parties agree on the record, in a filed Rule 11 Agreement, or an agreed order as to the amount.
CRITICAL
- Applies to
- Motion
Motions and orders for severance must include the listed new-case details, party and pleading information, document details, and the attorney to whom severance costs will be assessed.
All motions and orders for severance must contain the following: a. New case number, Court number, case type and new style name; b. Reference the parties in the new suit; c. List of original pleadings to be severed out and transferred to the new case; d. List of pleadings to be transferred to the new case (together with a listing of the document type, activity date for the document, number of pages and image number); e. Indicate attorney name, address and bar number to whom costs for the severance are to be assessed; and
CRITICAL
- Applies to
- Motion for severance
A motion for severance must state whether the severed case will be interlocutory or final and appealable.
Indicate the severance case's status, and whether the new case file is interlocutory (not a final appealable matter) or whether severance will cause the newly severed matter to be final and appealable upon severance. As an example, if a plaintiff obtains a summary judgment as to one of multiple defendants, and severs the disposed claims against that defendant into a new cause, that severance order will start the appellate timelines because all claims in the new cause will be resolved as to all claims and all parties. This should be expressly stated in the motion for severance.
CRITICAL
- Applies to
- Special exception
A special exception must identify the relevant pleading or portion by page and paragraph, except when it concerns only the maximum damages sought under Rule 47.
Please explicitly identify by page and paragraph the pleading or portion thereof to which you are specially excepting (unless the special exception is only to the maximum amount of damages sought pursuant to Texas Rules of Civil Procedure 47).
CRITICAL
- Applies to
- Motion for substituted service
A Rule 106 motion for substituted service must be accompanied by an affidavit containing the information specified by the Court.
All motions for substituted service under Rule 106 must be accompanied by an affidavit that includes the following information:
CRITICAL
- Applies to
- Final order
A final order must state that it disposes of all claims and parties and is intended to be final and appealable.
Final orders MUST state that the order disposes of all claims and all parties and is intended to be a final, appealable order.
CRITICAL
- Applies to
- Non suit or dismissal involving minor
For a non-suit or dismissal involving a minor, parties must disclose whether the minor is receiving a settlement; filings without that information will not be granted.
In non-suits and dismissals involving minors, parties must disclose to the Court whether the minor is receiving a settlement so the Court can determine whether a guardian ad litem should be appointed. The Court will not appoint a guardian ad litem where none is warranted by Texas Rules of Civil Procedure 173, however it is important that this information is furnished to the Court for proper consideration. Nonsuits and dismissals filed without providing this information will not be granted.
CRITICAL
- Applies to
- Motion or proposed order to withdraw
Motions and proposed orders to withdraw as attorney of record must include the information specified by the Court.
All motions and proposed orders to withdraw as attorney of record must contain the following:
CRITICAL
- Applies to
- Motion to withdraw as attorney of record
- Must include
- certificate of conference
A motion to withdraw as attorney of record must include a certificate of conference.
These motions DO require a certificate of conference, as opposing counsel has a right to be heard on these motions.
CRITICAL
- Applies to
- Ad litem application
An attorney who desires to be appointed shall apply with the Court via the application on the Court’s website and forward their application and resume with the required evidence of qualifications to the Court coordinator. Fluency in languages other than English, should also be listed.
An attorney who desires to be appointed shall apply with the Court via the application on the Court’s website and forward their application and resume with the required evidence of qualifications to the Court coordinator. Fluency in languages other than English, should also be listed.
CRITICAL
- Applies to
- Ad litem application
An ad litem application must indicate that the attorney satisfies the qualifications listed by the Court.
Applications must indicate that the attorney satisfies the following qualifications:
CRITICAL
- Applies to
- Trial or pretrial deadline continuance motion
A motion to continue a trial or pretrial deadline must be accompanied by an appropriate affidavit unless the motion is agreed.
2. Motions for trial or pretrial deadline continuances MUST to be accompanied by an appropriate affidavit, unless they are agreed.
CRITICAL
- Applies to
- Continuance or reset motion
Every continuance or reset motion, whether agreed, unopposed, or opposed, must state its number in the sequence of continuance motions.
3. ALL continuance or reset motions (whether agreed, unopposed or opposed) MUST state what number continuance motion is being filed (i.e. “Plaintiff’s First” or “Defendant’s Second” or “Third Agreed Motion,” etc.).
CRITICAL
- Applies to
- Continuance or reset motion
Every continuance or reset motion, whether agreed, unopposed, or opposed, must state its number in the sequence of such motions.
ALL continuance or reset motions (whether agreed, unopposed or opposed) MUST state what number continuance motion is being filed (i.e. “Plaintiff’s First” or “Defendant’s Second” or “Third Agreed Motion,” etc.).
CRITICAL
- Applies to
- Motion
- Must include
- certificate of conference
Motions must include an explicit certificate describing efforts to resolve the dispute; if the parties have not conferred before filing, the certificate must describe communication efforts and be supplemented as soon as possible after conferral.
Motions must have certificates of conference. All certificates of conference must be explicit as to the party’s efforts to resolve the motion with all other parties/counsel prior to filing. If a party was unable to reach the other side prior to filing the motion, the certificate should state the efforts to communicate with that party and should always be supplemented as soon as possible after the parties have conferred.
CRITICAL
- Applies to
- Discovery motion
A discovery motion must include the disputed discovery responses as e-filing sub-documents or quote the request and answer verbatim in the motion.
Be sure to submit the discovery response(s) at issue as sub-documents when e-filing, or state verbatim the request and answer in the body of your motion.
CRITICAL
- Applies to
- Motion for leave
A matter set for oral hearing after the Docket Control Order deadline will not be considered without a motion for leave explaining sufficient cause for the late filing.
Any matter that has been set by the parties for an oral hearing on a date later than the deadline in the DOCKET CONTROL ORDER will not be considered by the Court without a motion for leave explaining sufficient cause for the late filing.
CRITICAL
- Applies to
- Response
- Must include
- proposed order
A response filed after its rules-based deadline must be accompanied by a separate motion for leave to file late and a proposed order.
Responses that are filed after the response deadline provided for in the rules MUST be accompanied by a separate motion for leave to late file the response with a proposed order.
CRITICAL
- Applies to
- Motion
If the parties confer but only one considers the matter an emergency, the requesting party must file a motion for emergency hearing.
If, after conferring, only one party thinks it is an emergency, the party requesting the hearing must file a motion for emergency hearing.
CRITICAL
- Applies to
- Trial continuance motion
Every trial continuance request must identify its sequence number and basis; the Court also requests specified information about the requested duration, opposing party’s position, discovery, and anticipated mediation.
ALL requests for trial continuances (whether agreed, unopposed or opposed) MUST state what number continuance motion is being filed (i.e. “Plaintiff’s First” or “Defendant’s Second” or “Third Agreed” etc.) and provide the basis for why the continuance is being sought. The Court requests: i) the movant also provide the amount of time being sought on the trial continuance; ii) the movant contact opposing counsel (or pro se party) and state opposing counsel/party’s position on the continuance if not agreed or unopposed; iii) indicate the status of discovery (what has been done, what still needs to be done, and how much time is needed to complete such discovery); and iv) represent whether any pending discovery and/or anticipated mediation will be completed by the new trial setting date sought in the trial continuance.
CRITICAL
- Applies to
- Motion for leave
A matter set for oral hearing after the Docket Control Order deadline will not be considered without a motion for leave explaining sufficient cause for the late filing.
PLEASE NOTE: Any matter that has been set by the parties for an oral hearing on a date later than the deadline in the DOCKET CONTROL ORDER will not be considered by the Court without a motion for leave explaining sufficient cause for the late filing.
CRITICAL
- Applies to
- Late response
A response filed after its deadline must be accompanied by a separate motion for leave to file late and a proposed order.
Responses that are filed after the response deadline provided for in the rules MUST be accompanied by a separate motion for leave to late file the response with a proposed order.
CRITICAL
- Applies to
- Declaration
The movant or counsel must verify the defendant’s email address and state the basis for its accuracy when seeking email service.
The Movant or its counsel must verify the accuracy of the email address being used and indicate the basis for why that email address of the Defendant is accurate.
CRITICAL
- Applies to
- Final order judgment or dismissal
Final orders, judgments, and dismissals must state that they dispose of all claims and parties and are final and appealable.
Final orders/judgments/dismissals MUST state that the order disposes of all claims and all parties and is a final, appealable order.
CRITICAL
- Applies to
- Dismissal or nonsuit
- Must include
- proposed order
Submit a proposed order for both dismissals and nonsuits; a signed order is necessary to officially close the case.
Please submit a proposed Order for both Dismissals and Nonsuits (irrespective that the filing of a nonsuit under the Texas Rules of Civil Procedure dismisses the claims without the necessity of a signed order) as a signed order is necessary for the case to be officially closed, and doing so documents the finality of the case for the District Clerk’s Office to further process such action and close out the case.
CRITICAL
- Applies to
- Motion for substitution of counsel
A substitution motion filed within 60 days of the current trial setting must state whether new counsel will be ready for trial or seek a continuance.
If substitution of counsel is requested within 60 days of a current trial setting, then the motion for substitution must also include whether new counsel will be ready for trial on the current trial setting, or alternatively whether new counsel will be seeking a trial continuance.
CRITICAL
- Applies to
- Motion to withdraw without substitution
- Must include
- certificate of conference
A motion to withdraw without substitution of counsel must include a certificate of conference.
Motions to Withdraw that do not include substitution of counsel require a certificate of conference, as opposing counsel has a right to be heard on these motions or otherwise represent their position.
CRITICAL
- Applies to
- Proposed order granting withdrawal
A proposed withdrawal order must include all the client’s specified contact information in its body if the client will remain self-represented.
All proposed orders granting withdrawal when the client/litigant will remain pro se MUST include in the body of the Order all of the Client’s Contact Information set forth above.
CRITICAL
- Applies to
- Motion to withdraw
If the client is an entity, the withdrawal motion must be set for hearing and the entity’s representative notified to attend.
If the party represented by withdrawing counsel is an entity, the Motion to Withdraw will need to be set for hearing with the representative (for the entity whose counsel is withdrawing) notified to be present at the hearing.
CRITICAL
- Applies to
- Ad litem application
An attorney seeking appointment as an ad litem must apply using the Court’s website application and send the application, resume, and qualification evidence to the Court coordinator.
An attorney who desires to be appointed shall apply with the Court via the application on the Court’s website and forward their application and resume with the required evidence of qualifications to the Court coordinator.
CRITICAL
- Applies to
- Ad litem application
An ad litem application must indicate that the attorney has been licensed and in good standing with the State Bar of Texas for at least one year before the initial application.
Applications must indicate that the attorney satisfies the following minimal qualifications: Be licensed by and in good standing with the State Bar of Texas for at least one (1) year preceding the initial application.
CRITICAL
- Applies to
- Continuance or reset motion
Every continuance or reset motion, whether agreed, unopposed, or opposed, must state its number in the sequence of continuance motions.
ALL continuance or reset motions (whether agreed, unopposed or opposed) MUST state what number continuance motion is being filed (i.e. “Plaintiff’s First” or “Defendant’s Second” or “Third Agreed Motion,” etc.).
CRITICAL
- Applies to
- Appearance
Retained attorneys must have a written appearance or letter of representation on file.
For all retained attorneys, a written appearance or other letter of representation must be on file.
CRITICAL
- Applies to
- Plea disposition paperwork
Plea or disposition paperwork must be signed and reviewed or approved by all parties, and by the probation department if necessary, before the Court considers the plea.
Plea/disposition paperwork must be signed and reviewed/approved by all parties (and probation department, if necessary) before the Court will take up such pleas.
CRITICAL
- Applies to
- Motion for default judgment and proposed judgment
A default-judgment motion set for submission must include exhibits demonstrating entitlement, a non-military affidavit, and a Certificate of Last Known Address; cases requiring proof of unliquidated damages should be set for oral hearing, and the motion and proposed judgment must identify whether judgment is final or interlocutory.
The Court generally prefers to consider default judgments by hearing. However, with the exception of matters that require prove up of unliquidated damages, default judgments may be set on the submission docket as long as the motion for default judgment contains all necessary exhibits demonstrating entitlement to default judgment. If evidence/testimony is needed to prove up unliquidated damages, the motion for default judgment should be set for oral hearing. As part of the motion for default judgment, the movant must submit the proper non-military affidavit by visiting the Defense Manpower Data Center’s (DMDC) Military Verification service at https://scra.dmdc.osd.mil and a Certificate of Last Known Address. Please make clear in the title of the motion and proposed judgment whether the judgment will be final (disposing of all claims and all parties) or interlocutory (partial).
CRITICAL
- Applies to
- Oral hearing request or request to continue hearing
- Must include
- proposed order
An oral-hearing request or request to continue the hearing must be filed separately from the response and accompanied by a proposed order.
Please clearly identify your request for an oral hearing or your request to continue the hearing by filing them separately from your response, along with proposed orders attached.
CRITICAL
- Applies to
- Request for attorneys fees as sanctions
Requests for attorney’s fees as sanctions must establish reasonableness and necessity by affidavit or live testimony, unless the parties agree to the amount through one of the specified means.
All requests for attorney’s fees as sanctions MUST be established by affidavit or live testimony as to reasonableness and necessity as well as meet other legal requirements, unless the parties agree on the record, in a filed Rule 11 Agreement, or an agreed order as to the amount.
CRITICAL
- Applies to
- Proposed order
The proposed R106 Order must state the required mailing provisions in its body.
The proposed R106 Order must include all such requirements in the body of the Order.
CRITICAL
- Applies to
- Motion and order for severance
Every severance motion and order must include the specified case-identification, party, pleading-transfer, cost-assessment, and finality information.
All motions and orders for severance must contain the following: 1) New case number, Court number, case type and new style name; 2) Reference the parties in the new suit; 3) List of original case pleadings to be severed out and transferred to the new case; 4) List of pleadings a copy of which is to be transferred to the new case (movant must identify the pleading by filing number and/or by date and description); 5) Indicate the name, address and bar number (if counsel) to whom costs for the severance are to be assessed; and 6) Indicate the severance case's status, and whether the new case file is interlocutory (not a final appealable matter) or whether severance will cause the newly-severed matter to be final and appealable upon severance.
CRITICAL
- Applies to
- Motion for severance and proposed order
This should be expressly stated in the motion for severance and the corresponding proposed order.
This should be expressly stated in the motion for severance and the corresponding proposed order.
CRITICAL
- Applies to
- Special exception
A special exception must identify the relevant pleading or portion by page and paragraph, except when it challenges only the maximum amount of damages sought under Texas Rule of Civil Procedure 47.
Please explicitly identify by page and paragraph the pleading or portion thereof to which you are specially excepting (unless the special exception is only to the maximum amount of damages sought pursuant to Texas Rules of Civil Procedure 47).
CRITICAL
- Applies to
- Motion for substituted service
A Rule 106 substituted-service motion must comply with Rule 106 and include an affidavit addressing residency or employment verification, at least four service attempts with specified timing and recent-attempt evidence, persons present and statements made, and records or other evidence supporting residence at the address.
All motions for substituted service under Rule 106 of the Texas Rules of Civil Procedure (R106) must meet compliance with Rule 106 and must be accompanied by an affidavit that includes the following information: 1) Efforts taken to verify that defendant actually lives or works at the subject address; 2) Each attempt at service, with date(s) and time(s). There should be a minimum of 4 service attempts, with attempts both during the late evening/weekend and during the workday/morning. Evidence must indicate attempted service within 3 months of filing the motion, although earlier service attempts may also be included to apprize the Court of all efforts to serve the Defendant; 3) Identity of persons who were present at the subject address and what was said, if anything; and 4) A printout of a public record or Public Data.com or similar online database confirming that the person to be served actually resides or is likely to reside at the address at which service is being attempted. This can also include a statement identifying license plates of cars in the driveway and attaching a printout of license plates registered to the person to be served. Statements by neighbors or by people residing in the abode must include the full name of the person and a description. The Court requires some assurance that the person resides at that address.
CRITICAL
- Applies to
- Reset
The attorney must obtain the client's signature or sign by permission with notice to the client.
It is the attorney's responsibility to get their Client's Signature OR Sign by Permission (W/ NOTICE TO CLIENT).
CRITICAL
- Applies to
- Docket control order
Civil trials scheduled through June 30, 2022, must have a new Docket Control Order in place.
Civil Trials scheduled through June 30, 2022, will need a new Docket Control Order in place.
CRITICAL
- Applies to
- Expert witness designation
Expert witness designations must include the information listed in Rule 194.2(f).
The designation must include the information listed in Rule 194.2 (f).
CRITICAL
- Applies to
- Docket control order
The provided Docket Control Order applies to all pending criminal cases.
THE DOCKET CONTROL ORDER (provided below) SHALL APPLY TO ALL PENDING CRIMINAL CASES.
CRITICAL
- Applies to
- Docket control order
All parties must sign the Docket Control Order and file it with the District Clerk at the Arraignment Docket.
The Docket Control Order shall be signed by ALL parties and filed with FBC District Clerk at the Arraignment Docket.
CRITICAL
- Applies to
- Reset
The provided Reset form must be used for all electronic resets.
The Reset provided below is to be used for ALL Electronic Resets.
CRITICALCivil cases
- Applies to
- Request for citation
The District Clerk must provide a copy of the appropriate Standing Temporary Mutual Injunctions with every request for citation.
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 :
CRITICALCivil cases
- Applies to
- Divorce petition with children
For divorce petitions involving children, the clerk must attach the Standing Temporary Mutual Injunctions designated Exhibit A.
1. Petitions for Divorce with Children the clerk shall attach the Standing Temporary Mutual Injunctions attached to this Order as Exhibit "A";
CRITICALCivil cases
- Applies to
- Divorce petition without children
For divorce petitions without children, the clerk must attach the Standing Temporary Mutual Injunctions designated Exhibit B.
2. Petitions fo r Divorce with no Children the clerk shall attach the Standing Temporary Mutual Injunctions attached to th is Order as Exhibit "B"; and
CRITICALCivil cases
- Applies to
- Petition containing suit affecting parent child relationship
For petitions containing a Suit Affecting the Parent Child Relationship, the clerk must attach the Standing Temporary Mutual Injunctions designated Exhibit C.
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".
CRITICAL
- Applies to
- Exhibits
Exhibit emails must arrive before the hearing starts, include the cause number, party designation or name, and hearing date in the subject line, and copy all attorneys and self-represented litigants.
Exhibit emails must be received prior to the start of the hearing. The subject line of the exhibit email must include the cause number, party designation/name, and hearing date. For example, "Cause No. 21-DCV- 000000, Respondent Jones, January 1, 2021." All attorneys and self-represented litigants must be copied.
CRITICAL
- Applies to
- Exhibits
Each exhibit must be marked on its first page and accompanied by an Exhibit List.
All exhibits must be marked on the first page (i.e., P1, R1, A1…) and accompanied by an Exhibit List.
CRITICAL
- Applies to
- Final decree of divorce
- Must include
- caption, case number
The final divorce decree or judgment must include the specified case and child-related information, leave no blanks, and be signed when filed.
FINAL DECREE OF DIVORCE or JUDGMENT must have: Cause number and 387th District Court designation Heading or “style” of case, including names of all children born during marriage All blanks must be completed and those sections that do not apply crossed out. LEAVE NO BLANKS IN A DECREE. If children are involved – the Decree shall include conservatorship (i.e. custody and rights and duties), child support, periods of possession and health insurance The order must be signed at time of filing (if agreement, by both parties)
CRITICAL
- Applies to
- Waiver of citation
For a divorce without children using a waiver of citation, the waiver must be signed and notarized after the original petition is filed.
Waiver of Citation must be signed and notarized. The notary and signature must be signed AFTER the date of filing of the original petition.
CRITICAL
For a divorce without children using a waiver of citation, Form VS-165 must have Sections 1 and 2 completed.
Information on Suit Affecting the Family Relationship, Form VS-165 complete Sections 1 and 2
CRITICAL
- Applies to
- Waiver of citation
For a divorce with children using a waiver of citation, the waiver must be signed and notarized after the original petition is filed.
Waiver must be signed and notarized. The notary and signature must be signed AFTER the date of filing of the original petition.
CRITICAL
For a divorce with children using a waiver of citation, Form VS-165 must have Sections 1, 2, and 3 completed.
Information on Suit Affecting the Family Relationship, Form VS-165 complete Sections 1, 2, and 3
CRITICAL
- Applies to
- Parenting class certificate
Certificate of an APPROVED parenting class (required of both parents)
Certificate of an APPROVED parenting class (required of both parents)
CRITICAL
- Applies to
- Child name change
A child name-change matter requires proof of notice to both parents and an order signed by both parents; a child age 10 or older must file written consent.
Child – Requires proof of notice to both parents and order to be signed by both parents. If minor child is 10 years or older, requires minor’s written consent to be filed.
CRITICAL
- Applies to
- Adult name change
An adult name-change matter requires fingerprint cards on file and a criminal background check from the Texas Department of Public Safety.
Adult – Fingerprint cards must be on file and a criminal background check from the Texas Department of Public Safety.
CRITICAL
- Applies to
- Final divorce hearing
A final divorce hearing may be scheduled only 61 days after the petition is filed.
FINAL DIVORCE HEARINGS CAN ONLY BE SCHEDULED 61 DAYS AFTER THE FILING OF THE PETITION
CRITICAL
- Applies to
- Divorce with children hearing packet
The divorce-with-children hearing checklist requires the listed divorce documents and service-related documents, including either a waiver of citation or proof of personal service if there is no waiver.
Divorce with children: _____ Final Decree of Divorce _____ Information on Suit Affecting the Family Relationship, Form VS-165 _____ Certificate of APPROVED Parenting Class (both parents) _____ Income Withholding for Support form AND SERVICE: _____ Waiver of Citation OR _____ Proof of Personal Service (if no waiver) _____ Affidavit of Spouses Last Known Address _____ Military Status Declaration _____ Inventory and Appraisement for dividing property
CRITICAL
- Applies to
- Divorce without children hearing packet
The divorce-without-children hearing checklist requires the listed divorce and service-related documents, including either a waiver of citation or proof of personal service if there is no waiver.
Divorce without children: _____ Final Decree of Divorce _____ Information on Suit Affecting the Family Relationship, Form VS-165 AND SERVICE: _____ Waiver of Citation OR _____ Proof of Personal Service (if no waiver) _____ Affidavit of Spouses Last Known Address _____ Military Status Declaration _____ Inventory and Appraisement for dividing property
CRITICAL
- Applies to
- Income withholding for support form
For a divorce with children using a waiver of citation, an Income Withholding for Support form must be filed.
Income Withholding for Support form
CRITICAL
- Applies to
- Final decree of divorce
When there is no waiver and no children, the listed documents include a Final Decree of Divorce.
Final Decree of Divorce
CRITICAL
When there is no waiver and no children, Form VS-165 must have Sections 1 and 2 completed.
Information on Suit Affecting the Family Relationship, Form VS-165, Sections 1 and 2 completed
CRITICAL
- Applies to
- Default divorce filing
All defaults require a certificate of the spouse’s last known address, a Military Status Declaration, and an Inventory and Appraisement for dividing property.
All DEFAULTS require: 1. Certificate of spouse’s last known address 2. Military Status Declaration 3. Inventory and Appraisement for dividing property
CRITICAL
- Applies to
- Agreed order
Agreed orders disposing of all issues must contain distinctive written or DocuSign-style signatures of all parties or attorneys; typed “/s/” signatures and signatures by permission are not acceptable.
Agreed orders disposing of all issues must contain signatures of all parties/attorneys to be eligible to be finalized by sworn affidavit. All signatures must be distinctive written signatures or DocuSign-style signatures, not “/s/ Typed Name”, or signed by permission;
CRITICAL
- Applies to
- Agreed order
The order’s Appearances section must state that the parties did not appear in person and waived making a record.
The Appearances section of the order must indicate that the parties did NOT appear in person and that the making of a record was waived;
CRITICAL
- Applies to
- Sworn affidavit
The sworn affidavit should be e-filed as a separate document at the same time as the proposed order and must include the same information solicited during a final hearing with the witness in the courtroom.
The sworn affidavit should be e-filed as a separate document at the same time as the proposed order and must include the same information solicited during a final hearing with the witness in the courtroom.
CRITICAL
- Applies to
- Stipulated waiver of appeal
If the Associate Judge will hear the trial, the Stipulated Waiver of Appeal from Associate Judge’s Ruling/Recommendation form must be filed before the trial date.
The Stipulated Waiver of Appeal from Associate Judge’s Ruling/ Recommendation form MUST BE FILED PRIOR TO YOUR TRIAL DATE if your trial will be heard by the Associate Judge.
CRITICAL
- Applies to
- Exhibits
Exhibits may not be exchanged on the hearing or trial day unless they are rebuttal exhibits or could not have been anticipated.
The exchange of exhibits on the day of hearing or trial will not be permitted unless they are rebuttal exhibits or exhibits that could not have been anticipated.
CRITICAL
- Applies to
- Exhibits
Exhibits must be delivered to the court by email or by USB Flash Drive, subject to the requirements below.
Exhibits for all proceedings must be delivered to the court via email to: 387Exhibits@fortbendcountytx.gov or on a USB Flash Drive as specified below.
CRITICAL
- Applies to
- Exhibits
MORE THAN 50 PAGES: If a party's combined exhibits exceed 50 total pages, the exhibits may only be delivered to the court on a USB Flash Drive.
MORE THAN 50 PAGES: If a party's combined exhibits exceed 50 total pages, the exhibits may only be delivered to the court on a USB Flash Drive.
CRITICAL
- Applies to
- Exhibits
Audio and video exhibits must be provided on a USB Flash Drive.
Audio and video files must be on a USB Flash Drive.
CRITICAL
- Applies to
- Exhibits
Each exhibit must be marked on its first page and accompanied by an Exhibit List.
All exhibits must be marked on the first page (i.e., P1, R1, A1…) and accompanied by an Exhibit List.
CRITICAL
- Applies to
- Petition name change
An adult name-change request must include a fingerprint card attached to the petition and a Texas Department of Public Safety criminal background check.
All adult requests for a name change require a fingerprint card to be attached to the Petition for Name Change AND a criminal background check by the Texas Department of Public Safety.
CRITICAL
- Applies to
- Name change documents
All name-change documents, including the background check and fingerprint card, must be filed with the District Clerk before the final hearing.
All documents including the criminal background check and fingerprint card must be filed with the District Clerk's office prior to the final hearing.
CRITICAL
- Applies to
- Default hearing
Before a default hearing, the listed documents must be filed, with a sworn Inventory and Appraisement required only in divorce matters and the Return of Service on file for at least 10 days.
All default hearings require the following documents to be filed before the hearing date: a. Certificate of Last Known Address per Rule 239a; b. Non-Military Affidavit; c. Return of Service (on file for a minimum of 10 days); d. A sworn Inventory and Appraisement (divorce matters only);
CRITICAL
- Applies to
- Uncontested divorce with children or sapcr modification
The applicable divorce-with-children or SAPCR/modification checklist documents must be provided, including required orders, schedules, and forms.
DIVORCE – With Children Waiver of Service signed after the date Petition filed SUIT AFFECTING THE PARENT CHILD and on file before hearing OR Answer has been RELATIONSHIP (SAPCR) & filed by Respondent MODIFICATIONS Final Decree of Divorce, without any blanks and Waiver of Service signed after the date Petition filed signed by all parties (Including OAG, if applicable) and on file before hearing OR Answer has been Possession Schedule must be included in the filed by Respondent Decree, or attached to the Decree. Agreed Final Order, without any blanks and signed by Wage Withholding Order, if applicable all parties (Including OAG, if applicable) Request for Issuance of Wage/Income Withholding Possession Schedule must be included in the Decree, Order, if applicable, is filed with the District Clerk or attached to the Decree. Medical Support Order, if applicable Wage/Income Withholding Order, if applicable BVS, Form VS-165 Request for Issuance of Wage/Income Withholding Certificate of Approved Parenting Class Order, if applicable, is filed with the District Clerk Child Support Information Request Form, if Medical Support Order, if applicable applicable – To be sent directly to the Fort Bend BVS, Form VS-165 County Child Support Office, not filed Certificate of Approved Parenting Class Child Support Information Request Form, if applicable – To be sent directly to the Fort Bend County Child Support Office, not filed
CRITICAL
- Applies to
- BVS form VS 165
Bureau of Vital Statistics Form VS-165 must be completed in each case.
2) BVS Form/Information on Suit Affecting the Family Relationship – Bureau of Vital Statistics Form VS-165 must be completed in each case.
CRITICAL
- Applies to
- Decree of divorce judgment or final order
- Must include
- case number
A Decree of Divorce, Judgment, or Final Order must show the Cause Number and Court Number on its first page.
7) Decree of Divorce, Judgment or Final Order must have: a) the Cause Number and the Court Number on the first page. These are provided by the District Clerk when the original Petition is filed.
CRITICAL
- Applies to
- Decree of divorce judgment or final order
A Decree of Divorce, Judgment, or Final Order must include the case heading or style on its first page.
b) the Heading or “Style” of the case on the first page.
CRITICAL
- Applies to
- Decree of divorce judgment or final order
All blanks in a Decree of Divorce, Judgment, or Final Order must be completed, and sections that do not apply should be crossed out.
c) all of the blanks completed and those sections that do not apply should be crossed out.
CRITICAL
- Applies to
- Decree of divorce judgment or final order
A Decree of Divorce, Judgment, or Final Order must include all children’s issues, including custody, rights and duties, child support, medical and dental support, and periods of possession.
d) all of the children’s issues included, i.e., Custody, Rights and Duties, Child Support, Medical and Dental Support, and Periods of Possession.
CRITICAL
- Applies to
- Agreed order
An Agreed Order must have both parties’ signatures when filed.
e) the signatures of both parties when filed, if it is an Agreed Order.
CRITICAL
- Applies to
- Inventory and appraisement
An Inventory and Appraisement listing the parties’ assets and liabilities is required in a Default Divorce.
10) Inventory and Appraisement – Is a complete listing of the parties’ assets and liabilities. This is required in a Default Divorce.
CRITICAL
- Applies to
- Last known mailing address
The Respondent’s Last Known Mailing Address is required in any Default.
11) Last Known Mailing Address – Provides the Court with the Respondent’s Last Known Mailing Address. This is required in any Default.
CRITICAL
- Applies to
- Parenting course
A Parenting Course is required in cases involving minor children.
19) Parenting Course Certificate – A Parenting Course is required in cases involving minor children. See your Court’s website for the approved parenting courses.
CRITICAL
- Applies to
- Default judgment
Default cases require these additional documents, including a Return of Service on file at least 10 days before the hearing.
DEFAULT The following are required IN ADDITION to the those in your particular case type above Return of Service – On file at least 10 days before hearing Certificate of Last Known Address Non-Military Affidavit Sworn Inventory and Appraisement
CRITICAL
- Applies to
- Default judgment
A Service Members or Non-Military Affidavit is required in any default.
Service Members Affidavit/Non-Military Affidavit –This informs the Court of whether or not the Respondent is a member of the military. This is required in any Default.
CRITICAL
- Applies to
- Waiver of service
A waiver of service must be written notice to the Court from the respondent and must be notarized.
Waiver/Waiver of Service – Written Notice to the Court from the Respondent stating the Respondent acknowledges the lawsuit, and does not want to be Served with the Citation. Waiver must be notarized.
CRITICAL
- Applies to
- Final hearing documents
The form and all documents listed for the applicable case must be filed with the District Clerk’s Office before scheduling the final hearing.
Please be sure that this form and all of the documents listed below are filed with the District Clerk’s Office before you schedule your final hearing.
CRITICAL
- Applies to
- Uncontested divorce or name change
DIVORCE – No Children NAME CHANGE Waiver of Service signed after the date Petition filed Name Change Order and on file before hearing OR Answer has been Adult – (1) Fingerprint Card must be on file (2) filed by Respondent Criminal Background check by the Texas Final Decree of Divorce, without any blanks and Department of Public Safety must be on file signed by all parties (Including OAG, if applicable) Child – (1) Proof of Notice to both parents, (2) Order BVS, Form VS-165 signed by both parents (3) If child is above the age of 10 years, child’s written consent to the name change must be filed
DIVORCE – No Children NAME CHANGE Waiver of Service signed after the date Petition filed Name Change Order and on file before hearing OR Answer has been Adult – (1) Fingerprint Card must be on file (2) filed by Respondent Criminal Background check by the Texas Final Decree of Divorce, without any blanks and Department of Public Safety must be on file signed by all parties (Including OAG, if applicable) Child – (1) Proof of Notice to both parents, (2) Order BVS, Form VS-165 signed by both parents (3) If child is above the age of 10 years, child’s written consent to the name change must be filed
CRITICAL
- Applies to
- Submission hearing notice
The submission-hearing notice must state that the motion will be heard by submission, parties may not appear in person, and responses must be on file at least 3 days before submission or longer if required by statute or rule.
The notice must state that (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least 3 days before the submission date, or longer if required by statute or rule.
CRITICAL
- Applies to
- Markup
A party opposing entry of a proposed order must file a markup identifying all proposed edits.
The party opposing entry of the Proposed Order must file a markup identifying all proposed edits.
CRITICAL
- Applies to
- Impasse letter
Impasse letters must be on file before the hearing.
Impasse letters must be on file prior to your hearing.
CRITICAL
- Applies to
- Contested hearing
When child or spousal support is at issue, parties must exchange financial information statements, two years of tax returns, and the three most recent payroll stubs before the hearing.
SUPPORT CASES: If child support or spousal support is an issue, the following documents must be exchanged before the hearing: (1) Financial Information Statements (FIS); (2) Income tax returns for the past two years; and (3) Three most recent payroll stubs.
CRITICAL
- Applies to
- Property case
When property is at issue, both sides must provide proposed property divisions and sworn inventories and appraisements.
PROPERTY CASES: Proposed Property Divisions and Sworn Inventory & Appraisements (from both sides) are required in all cases in which property is an issue.
CRITICAL
- Applies to
- Commitment order
- Must include
- proposed order
A party requesting incarceration should bring a proposed Commitment Order to the hearing, be prepared to edit it, and ensure it is signed before leaving the courtroom.
ENFORCEMENTS: The party requesting incarceration should bring a proposed Commitment Order to court on the day of the hearing. Be prepared to edit the order based on the court’s ruling. The Commitment Order must be signed before the parties leave the courtroom.
CRITICAL
- Applies to
- Notice of hearing
The Notice of Hearing or Order to Appear must include the Zoom meeting ID and password when the matter is held by Zoom.
The Zoom meeting ID and password must be included in the Notice of Hearing/Order to Appear if the matter
CRITICAL
- Applies to
- Adoption case
- Must include
- proposed order
Adoption cases require a pretrial conference, and the proposed final order and all required documentation must be filed before it; otherwise, the conference will be reset.
a. Adoptions may be heard in person or via Zoom. A pre-trial conference is required in all adoption cases. The proposed final order and all required documentation must be filed before the pre-trial conference. Failure to file the required documents prior to the pre-trial conference will result in the pretrial conference being reset.
CRITICAL
- Applies to
- Uncontested matters checklist
The party requesting a hearing must complete and file the Uncontested Matters Checklist before the hearing.
i. The party requesting the hearing must complete and file the Uncontested Matters Checklist (located on the court’s website) before the hearing date.
CRITICAL
- Applies to
- Agreed order
Agreed orders must bear distinctive written signatures or signing-party-generated electronic signatures from all parties and attorneys; signatures by permission or “/s/ Typed Name” are prohibited.
Agreed orders must contain signatures of all parties and attorneys. All signatures must be distinctive written signatures or electronic signatures generated by the signing party. Agreed orders may NOT be signed by permission or by using “/s/ Typed Name.”
CRITICAL
- Applies to
- Agreed order
Agreed orders using electronic signatures must include the confirmation or verification page.
If electronic signatures are used, please include the confirmation/verification page.
CRITICAL
- Applies to
- Proposed final order
Prove-up affidavits must be on file or attached to the proposed final order.
Prove-up affidavits must be on file or attached to the proposed final order.
CRITICAL
- Applies to
- Agreed order
Agreed orders must state that the parties did not appear in person and agreed to the terms by signature, and that the Court waived making a record with the parties’ consent.
Agreed Orders must indicate (1) that the parties did not appear in person but agreed to the terms of the order as evidenced by their signatures; and (2) that the making of a record was waived by the Court with consent of the parties.
CRITICAL
- Applies to
- Motion to quash deposition
A motion to quash a deposition based on the unavailability of the lawyer or witness must include at least three alternative deposition dates in its body.
b. Motion to Quash Deposition: If the motion is based on the unavailability of the lawyer or witness, the party filing the motion to quash must provide at least 3 alternative dates within the body of the motion for the taking of the deposition.
CRITICALCivil cases
- Applies to
- Cause
The clerk must attach the appropriate Standing Temporary Mutual Injunctions under a separate tab to every cause involving a divorce or suit affecting the parent-child relationship.
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.
CRITICALCivil cases
- Applies to
- Request for citation
The clerk must provide a copy of the appropriate Standing Temporary Mutual Injunctions with every request for citation.
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 :
CRITICAL
- Applies to
- Financial information statement
If child or medical support is at issue, the Financial Information Statement must provide sufficient information about available health and dental insurance, including the cost for the children.
If child support/medical support is at issue, the Financial Information Statement SHALL contain sufficient information regarding each party's available health and dental insurance, including but not limited to the cost for the children, so the Court may render a medical support order regarding health and dental insurance for the children.
CRITICAL
- Applies to
- Qdro information
Each party must furnish sufficient information for the Court to render a QDRO when applicable.
Each party shall also furnish sufficient information to enable the Court to render a Qualified Domestic Relations Order (QDRO), if applicable.
CRITICAL
- Applies to
- Sworn inventory or proposed division of property
Sworn Inventories and Proposed Divisions of Property must list and total property values and liabilities in columns and show the net worth of the community and any claimed separate estate.
Sworn Inventories or the Proposed Division of Property SHALL list and total, in column format, all property values and liabilities. and shall show the net worth of the community estate and the net worth of any claimed separate estate.
CRITICAL
- Applies to
- Sworn inventory or proposed division of property
Each Sworn Inventory and Proposed Division of Property must list each property item and fair market value, each liability and amount, property securing payment, and each creditor's name.
Each Sworn Inventory and Proposed Division of Property shall list each item of property and its fair market value, each liability and amount, , property securing payment, and name of each creditor.
CRITICAL
- Applies to
- Sworn inventory or proposed division of property
Each property item and liability must be characterized as separate or community.
Any property or liability shall be characterized as separate or community.
CRITICAL
- Applies to
- Sworn inventory or proposed division of property
The documents must identify all beneficial interests in insurance and employment benefits, including vested and non-vested interests.
All beneficial interests in insurance and benefits arising from a party's employment (such as pensions, profit sharing plans, savings or thrift plans, whether vested or non-vested) shall be identified.
CRITICAL
- Applies to
- Financial information statement
For Temporary Orders hearings involving child support, the Financial Information Statement must contain sufficient information about available health and dental insurance, including the cost for the children.
For any hearing for Temporary Orders for child support, the Financial Information Statement SHALL contain sufficient information regarding each party's available health and dental insurance, including but not limited to the cost for the children, so the Court may render a medical support order regarding health and dental insurance for the children.
CRITICAL
- Applies to
- Motion for modification of temporary orders
A Motion for Modification of Temporary Orders must include a supporting affidavit and receive Court approval.
A Motion for Modification of Temporary Orders must have a supporting affidavit and must be approved by the Court.
CRITICAL
- Applies to
- Stipulated waiver of appeal
For a final trial before the Associate Judge, the stipulated waiver of appeal must be filed with the District Clerk before trial.
g. For final trials before the Associate Judge, a Stipulated Waiver of Appeal from Associate Judge's Ruling/Recommendation must be filed with the District Clerk prior to your trial date.
CRITICAL
- Applies to
- Notice of submission
A submission notice must state that the motion will be heard by submission, parties may not appear in person, and responses are due at least three days before submission or later if required by law.
The notice must state that: (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least three (3) days before the submission date, or longer if required by statute or rule.
CRITICAL
- Applies to
- Final order
For final orders, all required documents and information must be filed by the entry date, and the Court will not sign an order until they are filed.
e. For finals orders, all required documents/information must be filed by the entry date. The Court will not sign an order until all required documents/information have been filed.
CRITICAL
- Applies to
- Order
All orders must be signed as “APPROVED TO FORM” by counsel and self-represented litigants.
f. ALL Orders must be signed as APPROVED TO FORM by the parties' counsel and self-represented litigants.
CRITICAL
- Applies to
- Prove up affidavit declaration
A Prove-Up Affidavit or Declaration must include the information that would be elicited from a courtroom witness and bear the party's actual signature.
b. Prove-Up Affidavits/Declarations must include the same information that would be elicited during a prove-up with a witness in the courtroom and must contain the actual signature of the party.
CRITICAL
- Applies to
- Agreed order
When an Agreed Order is submitted by Prove-Up Affidavit or Declaration, its appearances section must state that the parties did not appear in person and that making a record was waived, if applicable.
e. If an Agreed Order is submitted by Prove-Up Affidavit/Declaration, the appearances section of the Agreed Order must indicate that the parties did not appear in person and that the making of a record was waived (if applicable).
CRITICAL
- Applies to
- Agreed order
Agreed Orders must be signed by all parties, counsel, and self-represented litigants, with signatures accepted pursuant to T.R.C.P.
g. Agreed Orders must be signed by all parties, counsel, and self-represented litigants. Signatures are accepted pursuant to T.R.C.P.
CRITICAL
- Applies to
- Agreed order
The Court will consider a Respondent-signed Agreed Order only if the Respondent previously appeared or filed a Waiver or Answer.
A Respondent must have made a prior appearance or filed a Waiver or Answer before the Court will consider an Agreed Order signed by a Respondent.
CRITICAL
- Applies to
- Agreed order
All required documents and information must be on file by the time an Agreed Order is filed, and the Court will not sign the order until they have been filed.
All required documents/information must already be on file or be filed when the Agreed Order is filed. The Court will not sign orders unless all required documents/information has been filed.
CRITICAL
- Applies to
- Mediated settlement agreement
A Mediated Settlement Agreement must be filed.
i. A Mediated Settlement Agreement (MSA) must be filed.
CRITICAL
- Applies to
- Final decree or order
When using forms, a Final Decree or Order must contain no blanks, and any inapplicable provision must be marked N/A or None.
If you are using forms, a Final Decree or Order can not contain any blanks. If a provision does not apply it should be marked N/A or None.
CRITICAL
- Applies to
- Documents listed in checklist for entry of final decrees orders
All case documents required by the 328th Judicial District Court Checklist for Entry of Final Decrees/Orders must be filed before the Court hears the case.
All required documents pertaining to your case as listed in the 328th Judicial District Court Checklist for Entry of Final Decrees/Orders must be filed prior to the Court hearing your case.
CRITICAL
- Applies to
- Motion
A motion's caption must state whether it is opposed or unopposed.
The caption of the Motion must state either Opposed or Unopposed.
CRITICAL
- Applies to
- Motion
- Must include
- certificate of conference
An opposed motion must include a Certificate of Conference describing good-faith efforts to resolve the matter or, if the parties could not confer, detailing attempted communications, dates, and methods.
Opposed motions shall contain a Certificate of Conference which (1) states that the parties have conferred with each other and in good faith have attempted to resolve the matter or (2) states that the parties have not been able to confer and detailing all efforts made to confer, including dates and methods of attempted communication.
CRITICAL
- Applies to
- Motion to enter
- Must include
- proposed order
The movant's Motion to Enter must include the Proposed Order as an exhibit.
Movant's Motion to Enter must have the Proposed Order as an exhibit.
CRITICAL
- Applies to
- Response
The nonmovant's Response must include a marked-up copy of the movant's Proposed Order identifying the proposed edits.
Nonmovant's Response must have a marked up copy of Movant's Proposed Order which identifies the proposed edits.
CRITICAL
- Applies to
- Motion for continuance
- Must include
- certificate of conference
An opposed motion for continuance must include a Certificate of Conference describing good-faith efforts to resolve the matter or, if the parties could not confer, detailing attempted communications, dates, and methods.
Opposed motions shall contain a Certificate of Conference which (1) states that the parties have conferred with each other and in good faith have attempted to resolve the matter or (2) 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.
CRITICAL
- Applies to
- Financial information statement
For a Temporary Orders hearing involving child support, the Financial Information Statement must provide sufficient information about each party’s available health and dental insurance, including the cost for the children.
For any hearing for Temporary Orders for child support, the Financial Information Statement SHALL contain sufficient information regarding each party’s available health and dental insurance, including but not limited to the cost for the children, so the Court may render a medical support order regarding health and dental insurance for the children.
CRITICAL
- Applies to
- Temporary orders hearing materials
The materials required above must be submitted to the Court during the hearing.
THE ABOVE MUST BE SUBMITTED TO THE COURT DURING THE HEARING.
CRITICAL
- Applies to
- Financial information statement
If child or medical support is at issue at final trial, the Financial Information Statement must provide sufficient information about each party’s available health and dental insurance, including the cost for the children.
If child support/medical support is at issue, the Financial Information Statement SHALL contain sufficient information regarding each party’s available health and dental insurance, including but not limited to the cost for the children, so the Court may render a medical support order regarding health and dental insurance for the children.
CRITICAL
- Applies to
- Final trial financial information
If applicable, each party must provide enough information for the Court to render a QDRO.
Each party shall also furnish sufficient information to enable the Court to render a Qualified Domestic Relations Order (QDRO), if applicable.
CRITICAL
- Applies to
- Sworn inventory or proposed division of property
Sworn Inventories or the Proposed Division of Property must list and total property values and liabilities in columns and show the net worth of the community estate and any claimed separate estate.
Sworn Inventories or the Proposed Division of Property SHALL list and total, in column format, all property values and liabilities, and shall show the net worth of the community estate and the net worth of any claimed separate estate.
CRITICAL
- Applies to
- Sworn inventory or proposed division of property
Each Sworn Inventory and Proposed Division of Property must list and characterize property, liabilities, creditors, security, and employment-related insurance and benefit interests as specified.
Each Sworn Inventory and Proposed Division of Property shall list each item of property and its fair market value, each liability and amount, property securing payment, and name of each creditor. Any property or liability shall be characterized as separate or community. All beneficial interests in insurance and benefits arising from a party's employment (such as pensions, profit sharing plans, savings or thrift plans, whether vested or non-vested) shall be identified.
CRITICAL
- Applies to
- Motion for modification of temporary orders
A Motion for Modification of Temporary Orders must include a supporting affidavit and receive Court approval.
A Motion for Modification of Temporary Orders must have a supporting affidavit and must be approved by the Court.
CRITICAL
- Applies to
- Order
Failure to file an order signed by all parties and all required documents results in removal from the Thursday docket.
Failure to file an order signed by all parties and file all required documents, shall result in removal from this docket.
CRITICAL
- Applies to
- Notice of submission
The submission notice must state that the motion will be heard by submission, parties may not appear in person, and responses are due at least three days before the submission date or earlier if required.
The notice must state that: (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least three (3) days before the submission date, or longer if required by statute or rule.
CRITICAL
- Applies to
- Motion
- Must include
- certificate of conference
An opposed motion must include a Certificate of Conference documenting a good-faith effort to resolve the matter or, if the parties could not confer, all attempted communications, including dates and methods.
Opposed motions shall contain a Certificate of Conference which (1) states that the parties have conferred with each other and in good faith have attempted to resolve the matter or (2) states that the parties have not been able to confer and detailing all efforts made to confer, including dates and methods of attempted communication.
CRITICAL
- Applies to
- Objection
If an objection to a proposed order is filed, all counsel and self-represented litigants must appear by Zoom at 9:00 a.m. on the entry date or set a hearing for contested entry.
If an objection is filed, all counsel and self-represented litigants need to appear at 9:00 a.m. via Zoom on the entry date or alternatively set a hearing for a contested entry.
CRITICAL
- Applies to
- Proposed order
Failure to file a proposed order by the entry date and time may result in dismissal.
Failure to file a Proposed Order by the entry date and time may result in the case being dismissed.
CRITICAL
- Applies to
- Final order
For final orders, all required documents and information must be filed by the entry date before the Court will sign; failure may result in dismissal.
For finals orders, all required documents/information must be filed by the entry date. The Court will not sign an order until all required documents/information have been filed. Failure to file all required documents at the time of entry may result in the case being dismissed.
CRITICAL
- Applies to
- Order
All orders must be signed as “APPROVED TO FORM” by the parties' counsel and self-represented litigants.
ALL Orders must be signed as APPROVED TO FORM by the parties’ counsel and self-represented litigants.
CRITICAL
- Applies to
- Prove up affidavit
A prove-up affidavit or declaration must include the information elicited from a courtroom prove-up witness and the party's actual signature.
Prove-Up Affidavits/Declarations must include the same information that would be elicited during a prove-up with a witness in the courtroom and must contain the actual signature of the party.
CRITICAL
- Applies to
- Agreed order
When an agreed order is submitted with a prove-up affidavit or declaration, its appearances section must state that the parties did not appear in person and, if applicable, that making a record was waived.
If an Agreed Order is submitted by Prove-Up Affidavit/Declaration, the appearances section of the Agreed Order must indicate that the parties did not appear in person and that the making of a record was waived (if applicable).
CRITICAL
- Applies to
- Agreed order
Agreed orders must be signed by all parties, counsel, and self-represented litigants; the Court will consider a respondent's signed agreed order only if the respondent previously appeared or filed a waiver or answer.
Agreed Orders must be signed by all parties, counsel, and self-represented litigants. Signatures are accepted pursuant to T.R.C.P. A Respondent must have made a prior appearance or filed a Waiver or Answer before the Court will consider an Agreed Order signed by a Respondent.
CRITICAL
- Applies to
- Agreed order
All required documents and information must be on file already or filed with the agreed order, and the Court will not sign the order until they are filed.
All required documents/information must already be on file or be filed when the Agreed Order is filed. The Court will not sign orders unless all required documents/information have been filed.
CRITICAL
- Applies to
- Mediated settlement agreement
A Mediated Settlement Agreement must be filed.
A Mediated Settlement Agreement (MSA) must be filed.
CRITICAL
- Applies to
- Agreement incident to divorce
An Agreement Incident to Divorce need not be filed, but if it is not filed, it must be sent to the court coordinator for review.
An Agreement Incident to Divorce (AID) does not have to be filed. If an AID is not filed, it must be sent to the court coordinator for the Court’s review.
CRITICAL
- Applies to
- Final decree or order
For self-represented litigants using forms, a Final Decree or Order must contain no blanks, and inapplicable provisions should be marked N/A or None.
If you are using forms, a Final Decree or Order can not contain any blanks. If a provision does not apply it should be marked N/A or None.
CRITICAL
- Applies to
- Documents listed in checklist for entry of final decrees orders
Required documents listed in the court’s checklist must be filed before the court hears a self-represented litigant’s case.
All required documents pertaining to your case as listed in the 501st Judicial District Court Checklist for Entry of Final Decrees/Orders must be filed prior to the Court hearing your case.
CRITICAL
- Applies to
- Mediation report and msa
The mediator’s report and MSA must be filed for the covered temporary-orders mediation.
The mediator’s report and MSA must be filed.
CRITICAL
- Applies to
- Motion
- Must include
- proposed order
A movant's Motion to Enter must include the Proposed Order as an exhibit.
Movant’s Motion to Enter must have the Proposed Order as an exhibit.
CRITICAL
- Applies to
- Response
A nonmovant's Response must include a marked-up copy of the movant's Proposed Order identifying the proposed edits.
Nonmovant’s Response must have a marked up copy of Movant’s Proposed Order which identifies the proposed edits.
CRITICAL
- Applies to
- Motion
- Must include
- certificate of conference
An opposed continuance motion must include a Certificate of Conference describing either the parties' good-faith conference or detailed efforts to confer, including dates and communication methods.
Opposed motions shall contain a Certificate of Conference which (1) states that the parties have conferred with each other and in good faith have attempted to resolve the matter or (2) 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.
WARNINGCriminal cases
- Applies to
- Notice of appointment of counsel
Appointment notices must be emailed to appointed attorneys, and must include the specified defendant and case information when known.
3. Notice of appointment of counsel in all cases will be emailed to the appointed attorney. It is required that all attorneys on the approved list maintain a valid email address and provide such email address and current contact information to Indigent Defense so that notification of appointments can be facilitated. The notice of appointment shall include the defendant’s name, date of birth, mailing addresses, phone number, e-mail address (if known), charge(s), and court date (if known).
WARNINGCriminal cases
- Applies to
- Attorney fee expense claim
For multiple charges on one claim, include the companion cause numbers and describe the work for each charge; unexplained billed hours may not be paid.
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;
WARNINGCriminal cases
- Applies to
- Attorney fee expense claim
Attach receipts or supporting documentation for reimbursable expenses.
Reimbursable Expenses (attach receipts/backup)
WARNINGCriminal cases
- Applies to
- Recertification application
Applicants must notify the Courts of answer changes affecting appointment eligibility and keep contact information current with the Indigent Defense Department; failure may result in immediate removal from requested appointment lists.
I understand that I have a continuing duty to alert the Courts if any of my above answers change in a way that would affect my ability to receive appointments. I further understand that I must keep my contact information up to date with the Fort Bend County Indigent Defense Department. Failure to correct any answer or provide up to date contact information may result in my immediate removal from my requested appointment list(s).
WARNINGCriminal cases
- Applies to
- Court hearing worksheet
Court hearing work sheets should be completed for each client on their court date. If the client is not on probation a court hearing worksheet should be prepared for the attorney of record and for the District Attorney. The court hearing work sheet should reflect the clients current state of residence, a phone number, current medications, services provided, current referrals and services needed. There should be a portion that reflects your clients overall well-being.
Court hearing work sheets should be completed for each client on their court date. If the client is not on probation a court hearing worksheet should be prepared for the attorney of record and for the District Attorney. The court hearing work sheet should reflect the clients current state of residence, a phone number, current medications, services provided, current referrals and services needed. There should be a portion that reflects your clients overall well-being.
WARNING
- Applies to
- Special panel notification
a. Notifies the Jury Management Judge and the District Clerk at least 8 weeks in advance of the need for a special panel of jurors: 1. date and time of special venire 2. number of jurors needed for voir dire 3. special requirements needed (ex: individual voir dire, death penalty, etc.) 4. special questionnaire
a. Notifies the Jury Management Judge and the District Clerk at least 8 weeks in advance of the need for a special panel of jurors: 1. date and time of special venire 2. number of jurors needed for voir dire 3. special requirements needed (ex: individual voir dire, death penalty, etc.) 4. special questionnaire
WARNING
- Applies to
- Special panel questionnaire
Questionnaires for a special venire must be provided to the District Clerk at least one week in advance.
b. Provides questionnaire(s) to the District Clerk at least one week in advance
WARNING
- Applies to
- Juror exemption request
Requests for juror exemptions based on physical or mental impairment or inability to communicate or comprehend English must be submitted by affidavit and, when applicable, supported by medical or other documentation.
Requests must be submitted by affidavit and, if applicable, supported by medical or other documentation
WARNING
- Applies to
- Motion to withdraw
A retained trial attorney remains attorney of record on appeal unless the attorney files a written motion to withdraw when notice of appeal is given.
A retained attorney of record at the time of trial will be considered the attorney of record in the event of an appeal unless the attorney files a written motion withdraw when notice of appeal is given
WARNING
- Applies to
- Motion
- Must include
- proposed order
Filed motions and notices of non-suit should be accompanied by a proposed order.
All filed Motions should be accompanied by a Proposed Order. Notice of Non-Suits should also be accompanied by a Proposed Order.
WARNING
- Applies to
- Proposed order
The first line of a routine order should begin with “On this day…”
The first line of the order should begin: “On this day…”
WARNING
- Applies to
- Exhibit
An exhibit redacted after admission is marked as an “A” exhibit, and the Court Reporter keeps the original unredacted exhibit.
Exhibits redacted after the exhibit is admitted (subject to redaction or without initial objection) are to be marked as an “A” exhibit and the original, unredacted exhibit is kept by the Court Reporter for the record.
WARNING
- Applies to
- Motion
Unopposed or agreed motions should be titled to identify them as unopposed or agreed.
All unopposed or agreed motions should be titled as such.
WARNING
- Applies to
- Agreed motion and order
Agreed motions and orders should include signature blocks for all parties agreeing to the requested relief and the specified statement above the signature block.
Agreed motions and orders should contain signature blocks for all parties who are agreed to the relief requested and should state “AGREED AS TO SUBSTANCE AND FORM AND ENTRY REQUESTED” above the signature block.
WARNING
- Applies to
- Certificate of conference
If the other side cannot be reached before filing, the certificate should describe communication efforts and be supplemented as soon as possible after the parties confer.
If a party is unable to reach the other side prior to filing the motion, the certificate should state the efforts to communicate with that party and should always be supplemented as soon as possible after the parties have conferred.
WARNING
- Applies to
- Discovery motion
When e-filing a discovery motion, submit the disputed discovery responses as sub-documents or reproduce the request and answer verbatim in the motion.
Be sure to submit the discovery response(s) at issue as sub-documents when e-filing, or state verbatim the request and answer in the body of your motion.
WARNING
- Applies to
- Proposed order
Proposed orders should list each discovery issue separately so that the Court may sign a specific order granting or denying the requested relief.
Proposed orders should list each discovery issue separately so that the Court may sign a specific order granting or denying the requested relief.
WARNING
- Applies to
- Motion for summary judgment
- Must include
- proposed order
Summary judgment motions should be accompanied by a proposed order.
All Motions should be accompanied by a Proposed Order.
WARNING
- Applies to
- Non suit or voluntary dismissal
- Must include
- proposed order
Non-suits and voluntary dismissals should include a proposed order identifying whether it is interlocutory or final, and interlocutory orders should specify the parties and claims dismissed and remaining.
All non-suits and voluntary dismissals should be accompanied by a Proposed Order and be titled as interlocutory or final. Interlocutory orders should expressly list which parties and claims are being dismissed and which remain (if any).
WARNING
- Applies to
- Motion or notice of non suit
- Must include
- proposed order
Motions and notices of non-suit should include a proposed order and state that they are filed under Texas Rule of Civil Procedure 162; the motions are immediately presented without submission or oral hearing.
Motions and notices of non-suit should be accompanied by a Proposed Order and should expressly state that they are being filed pursuant to Rule 162 of the Texas Rules of Civil Procedure. These motions are immediately presented to the Court without the necessity of submission or oral hearing.
WARNING
- Applies to
- Exhibit list
Accurate exhibit lists should be furnished to the Court and to the Court Reporter.
Accurate exhibit lists should be furnished to the Court and to the Court Reporter.
WARNING
- Applies to
- Exhibit
Redactions to an exhibit should be made before the exhibit is offered.
Redactions should be made prior to the exhibit being offered.
WARNING
- Applies to
- Non suit or voluntary dismissal
Non-suits and voluntary dismissals should be titled as interlocutory or final, and interlocutory orders should identify dismissed and remaining parties and claims.
All non-suits and voluntary dismissals should be titled as interlocutory or final. Interlocutory orders should expressly list which parties and claims are being dismissed and which remain (if any).
WARNING
- Applies to
- Non suit motion notice or order
Non-suit motions, notices, and orders should cite Texas Rule of Civil Procedure 162, and the motions are immediately presented without submission or an oral hearing.
Motions and notices of non-suit as well as orders of non-suit should expressly state that they are being filed pursuant to Rule 162 of the Texas Rules of Civil Procedure. These motions are immediately presented to The Court without the necessity of submission or oral hearing.
WARNING
- Applies to
- Agreed motion and order
Agreed motions and orders should include signature blocks for all parties agreeing to the requested relief and the specified statement above the signature block.
Agreed motions and orders should contain signature blocks for all parties who are agreed to the relief requested and should state “AGREED AS TO SUBSTANCE AND FORM AND ENTRY REQUESTED” above the signature block.
WARNING
- Applies to
- Proposed order
Proposed orders on discovery motions should list each discovery issue separately.
Proposed orders should list each discovery issue separately so that the Court may sign a specific order granting or denying the requested relief.
WARNING
- Applies to
- Exhibit list
Accurate exhibit lists should be furnished to the Court and the Court Reporter.
Accurate exhibit lists should be furnished to The Court and to the Court Reporter.
WARNING
- Applies to
- Agreed or unopposed motion
Agreed or unopposed motions need not be placed on the oral-hearing or submission docket, should be titled accordingly, and are presented expeditiously without a hearing, including unopposed continuance motions.
Agreed or unopposed motions do not have to be placed on the Court’s oral hearing or submission docket. All unopposed or agreed motions should be titled as such. These motions are expeditiously presented to The Court without the necessity of a hearing (this includes unopposed motions for continuance).
WARNING
- Applies to
- Agreed motion and order
Agreed motions and orders should include signature blocks for all parties agreeing to the requested relief and the specified statement above the signature block.
Agreed motions and orders should contain signature blocks for all parties who are agreed to the relief requested and should state “AGREED AS TO SUBSTANCE AND FORM AND ENTRY REQUESTED” above the signature block.
WARNING
- Applies to
- Non dispositive motion
- Must include
- certificate of conference
Motions other than dispositive motions (i.e., motion for summary judgment; motion to dismiss; pleas to the jurisdiction) should include a certificate of conference.
Motions other than dispositive motions (i.e., motion for summary judgment; motion to dismiss; pleas to the jurisdiction) should include a certificate of conference.
WARNING
- Applies to
- Certificate of conference
A certificate of conference should detail the party’s pre-filing efforts to resolve the dispute with all other parties or counsel.
Certificates of conference should be explicit as to the party’s efforts to resolve the dispute that is the subject of the motion with all other parties/counsel prior to filing.
WARNING
- Applies to
- Certificate of conference
If the other side could not be reached before filing, the certificate should describe communication efforts and be supplemented as soon as possible after the parties confer.
If a party was unable to reach the other side prior to filing the motion, the certificate of conference should state the efforts to communicate with that party and should always be supplemented as soon as possible after the parties have conferred.
WARNING
- Applies to
- Certificate of conference
If opposing counsel does not respond to numerous calls or messages, outline the efforts to confer in the certificate.
If opposing counsel refuses to return numerous phone calls or other messages, outline your efforts to confer in your certificate of conference.
WARNING
- Applies to
- Discovery motion or letter
The Court requests that discovery motions or letters include the disputed request and response in the body, and that a motion to compel also include the request as an exhibit.
The Court requests that the full text of the discovery request in dispute, along with the response to such discovery request, be put into the body of the motion or letter, in addition to including a copy of the discovery request as an exhibit to a motion to compel if one is filed.
WARNING
- Applies to
- Proposed order
Proposed orders should list each disputed discovery request separately, except when the dispute concerns a failure to answer any discovery requests.
Proposed orders should list each discovery request separately so that the Court may indicate its ruling (granting or denying the requested relief) as to each discovery request at issue, unless the discovery dispute involves the failure to answer any of the discovery requests.
WARNING
- Applies to
- Nonsuit or voluntary dismissal
Nonsuits and voluntary dismissals should identify whether they are interlocutory or final and whether they are agreed in both the title and body.
All nonsuits and voluntary dismissals should be titled as interlocutory or final and should indicate whether they are “Agreed” in the title as well as the body of the filing.
WARNING
- Applies to
- Interlocutory order
Interlocutory orders should expressly list which parties and claims are being dismissed and which remain (if any).
Interlocutory orders should expressly list which parties and claims are being dismissed and which remain (if any).
WARNING
- Applies to
- Nonsuit motion notice or order
Motions and notices of nonsuit as well as orders of nonsuit should expressly state that they are being filed pursuant to Rule 162 of the Texas Rules of Civil Procedure.
Motions and notices of nonsuit as well as orders of nonsuit should expressly state that they are being filed pursuant to Rule 162 of the Texas Rules of Civil Procedure.
WARNING
- Applies to
- Motion to withdraw without substitution
A motion to withdraw without substituting counsel should state the basis and include proof of notice to the client, the client’s position, contact information, and notice of the client’s right to object or respond.
For withdrawals that do not include substitution of counsel (i.e., the party remains pro se), all such motions to withdraw should include the basis for withdrawal along with the following: 1. Representation that the motion to withdraw and notice of the hearing or notice of submission was provided to the client, including evidence of how such items were sent to the client (i.e., in person; email; certified mail; etc.); 2. An indication of whether the client consents to the motion; 3. The client’s last known mailing address, phone/fax number, and email address (“Client’s Contact Information”) [if no new counsel is substituting into the case]; and 4. Notice to client that client has the right to appear at the hearing to object to the motion or file a response prior to the submission of the motion to the Court for consideration.
WARNING
- Applies to
- Proposed order
Proposed orders for motions in limine should number and briefly describe each request, followed by the Agreed, Granted, and Denied options.
Proposed Orders for motions in limine should identify each limine item by number and a brief description of the limine request, followed by: Agreed ________ Granted ________ Denied ________
WARNING
- Applies to
- Exhibits
USB flash drives must be clearly labeled with the cause number, party name, and hearing date.
Flash Drives must be clearly labeled with the cause number, party name and hearing date.
WARNING
- Applies to
- Exhibits
Each exhibit must be a separate file named with its exhibit number and a brief description.
Each exhibit must be saved or attached as a separate file and the file name must include the exhibit number AND a brief description of the exhibit. For example, "Petitioner Exhibit 5 - Bank Statements"
WARNING
- Applies to
- Exhibits
The tendering party must provide witnesses copies for Zoom hearings and is responsible for screen sharing; the Court Reporter will not circulate exhibits to anyone except the court.
The party tendering the exhibits is responsible for ensuring that witnesses have copies of the exhibits for use during Zoom hearings. The Court Reporter will NOT forward or otherwise circulate exhibits to anyone other than the court. The "share screen" feature may be used during Zoom hearings. The party tendering the exhibits is responsible for screen sharing.
WARNING
- Applies to
- Exhibits
Untimely pre-marking or exchange of exhibits may result in their exclusion.
Failure to timely pre-mark and exchange exhibits may result in the exclusion of those exhibits.
WARNING
- Applies to
- Exhibits
Do not email exhibits to the Court Coordinator or Court Reporter.
Do not email exhibits to the Court Coordinator or to the Court Reporter.
WARNING
- Applies to
- Exhibits
Exhibit email subject lines must include the cause number, party designation or name, and hearing date.
The subject line of the exhibit email must include the cause number, party designation/name, and hearing date.
WARNING
- Applies to
- Exhibits
All attorneys and self-represented litigants must be copied on exhibit emails.
All attorneys and self-represented litigants must be copied.
WARNING
- Applies to
- Exhibits
If color is important, exhibits must be delivered on a USB Flash Drive.
If color is important. exhibits must be delivered on a USB Flash Drive as indicated below.
WARNING
- Applies to
- Exhibits
USB Flash Drives must be clearly labeled with the cause number, party name, and hearing date.
Flash Drives must be clearly labeled with the cause number, party name and hearing date.
WARNING
- Applies to
- Exhibits
The party tendering exhibits must ensure witnesses have copies for use during Zoom hearings.
The party tendering the exhibits is responsible for ensuring that witnesses have copies of the exhibits for use during Zoom hearings.
WARNING
- Applies to
- Exhibits
The Court Reporter will not forward or circulate exhibits to anyone other than the court.
The Court Reporter will NOT forward or otherwise circulate exhibits to anyone other than the court.
WARNING
- Applies to
- Exhibits
The share-screen feature may be used during Zoom hearings, and the party tendering exhibits is responsible for screen sharing.
The "share screen" feature may be used during Zoom hearings. The party tendering the exhibits is responsible for screen sharing.
WARNING
- Applies to
- Exhibits
Failure to comply with the exhibit procedures may result in exclusion of the exhibits.
Failure to comply with these procedures may result in exhibit exclusion.
WARNING
- Applies to
- Answer
An Answer does not need to be notarized.
1) Answer – Written Response to the Court by a party Served with Citation. This does not need to be notarized.
WARNING
- Applies to
- Financial information statement
A Financial Information Statement lists a party’s monthly income and expenses and includes proof of income, such as the three most current pay stubs and two most recent Federal Tax Returns.
9) Financial Information Statement – Lists a party’s monthly income and expenses along with proof of income, i.e., the party’s three most current pay stubs and two most recent Federal Tax Returns.
WARNING
The style of the case must appear on the first page of court documents and identify the parties, applicable children, assigned court, and cause number.
Style of the Case – Identifies the parties to a lawsuit. It appears on the first page of Court documents and includes the names of the Petitioner, the Respondent, and all of the children born during the marriage, or all children involved in the case, if outside of marriage, the Court to which the case was assigned, and the Cause Number.
WARNING
- Applies to
- Temporary restraining order
Ex parte temporary restraining orders should not be filed unless extraordinary relief is requested and supported by an affidavit.
Temporary Restraining Orders: There are Standing Temporary Mutual Injunctions that apply in divorces and suits affecting the parent-child relationship (SAPCR). Ex parte Temporary Restraining Orders should not be filed unless extraordinary relief is requested and is supported by an affidavit.
WARNING
- Applies to
- Proposed order
Failure to file a Proposed Order by the entry date and time may result in dismissal.
d. Failure to file a Proposed Order by the entry date and time may result in the case being dismissed.
WARNING
- Applies to
- Prove up affidavit declaration
Prove-Up Affidavits or Declarations should be e-filed as a separate document at the same time as the Agreed Order and other necessary forms.
c. Prove-Up Affidavits/Declarations should be e-filed as a separate document at the same time as the Agreed Order along with all other necessary forms.
WARNING
- Applies to
- Agreed order
An Agreed Order pursuant to an MSA should not state that the Court makes findings about the children’s best interests or the just and right division of the community estate.
f. If an Agreed Order is pursuant to a Mediated Settlement Agreement (MSA) the Agreed Order should not state the Court makes findings regarding the best interest of the child(ren) or just and right division of the community estate. For example: Incorrect: The Court finds that “X” is ... Correct: The Court finds that the parties have agreed that “X” is ..., or the parties agree that “X” is ...
WARNING
- Applies to
- Agreement incident to divorce
An Agreement Incident to Divorce need not be filed, but if it is not filed, it must be sent to the court coordinator for the Court’s review.
An Agreement Incident to Divorce (AID) does not have to be filed. If an AID is not filed, it must be sent to the court coordinator for the Court’s review.
WARNING
- Applies to
- Motion for continuance
The Motion should contain if the parties have mediated and or if mediation has been scheduled and the date.
The Motion should contain if the parties have mediated and or if mediation has been scheduled and the date.
WARNING
- Applies to
- Motion
The caption of a motion subject to the additional requirements must state whether it is opposed or unopposed.
The caption of the Motion must state either Opposed or Unopposed.
WARNING
- Applies to
- Agreed order
An agreed order pursuant to an MSA should not state that the Court makes findings about the child's best interest or a just and right division of the community estate.
If an Agreed Order is pursuant to a Mediated Settlement Agreement (MSA) the Agreed Order should not state the Court makes findings regarding the best interest of the child(ren) or just and right division of the community estate.
WARNING
- Applies to
- Motion
The Motion should contain if the parties have mediated and or if mediation has been scheduled and the date.
The Motion should contain if the parties have mediated and or if mediation has been scheduled and the date.
INFOCriminal cases
- Applies to
- Appointment application
Applicants may use additional pages if necessary.
You may use additional pages if necessary.
INFOCriminal cases
- Applies to
- Appointment application
Applicants may attach additional documents or statements describing qualifications they wish considered for appointments.
1. Any other documents or statements that describe anything that you wish to include for consideration that you feel makes you uniquely qualified to accept appointments in Fort Bend County cases (e.g. participation in criminal law mentoring programs; prosecutorial experience; AV rated by Martindale-Hubbell, awards, or any other recognition for professional competence);
INFO
- Applies to
- Uniform scheduling order
If the parties cannot agree on a docket control order, the Court will provide a Uniform Scheduling Order.
If the parties cannot agree, the Court will provide a Uniform Scheduling Order.
INFO
- Applies to
- Proposed order
Parties are encouraged to quote the challenged paragraphs in the proposed order and provide separate checkboxes for whether each exception is sustained or overruled.
Parties are encouraged to restate verbatim the paragraph(s) to which your special exceptions apply in the proposed order and provide blanks in which the Court may check "sustained" or "overruled" as to each separate matter to which the movant is specially excepting.
INFO
- Applies to
- Declaration
The email-address verification may be filed with the case filings as a declaration titled “Declaration of Defendant’s Email Address.”
Such verification can be entitled “Declaration of Defendant’s Email Address” and filed with case filings.
INFO
- Applies to
- Response to motion for mediation
Upon such a filing, the party opposing mediation should file a response indicating the reasons why mediation is not favored.
Upon such a filing, the party opposing mediation should file a response indicating the reasons why mediation is not favored.
INFO
- Applies to
- Proposed order on special exceptions
Parties are encouraged to quote the challenged paragraphs verbatim in the proposed order and provide a separate sustained/overruled checkbox for each exception.
Parties are encouraged to restate verbatim the paragraph(s) to which your special exceptions apply in the proposed order and provide blanks in which the Court may check "sustained" or "overruled" as to each separate matter to which the movant is specially excepting.
INFO
- Applies to
- Proposed findings conclusions
For bench trials, the Court requests proposed findings of fact and conclusions of law from both sides instead of a jury charge, with a word processing version emailed to the Court Coordinator.
For bench trials, the Court requests proposed Findings of Fact and Conclusions of Law to be submitted by both sides (in lieu of a jury charge), with a word processing version also emailed to the Court Coordinator.
INFO
- Applies to
- Exhibits
Parties should make a good-faith effort to agree on exhibit admissibility before the hearing or trial.
Parties should attempt in good faith to obtain an agreement regarding exhibit admissibility before the hearing or trial.
INFO
- Applies to
- Exhibits
Parties are encouraged to attempt in good faith to agree on exhibit admissibility before the hearing or trial.
Parties should attempt in good faith to obtain an agreement regarding exhibit admissibility before the hearing or trial.
INFO
- Applies to
- Exhibits
For combined exhibits under 50 total pages, email submission alone is sufficient.
LESS THAN 50 PAGES: If a party's combined exhibits are less than 50 total pages, submission by email only is sufficient.
INFO
- Applies to
- Exhibits
USB Flash Drives may be delivered in person or mailed to the listed court addresses.
Flash Drives may be delivered in person or mailed to: 387th District Court Attn: Minnie Cadena 301 Jackson Street (mailing address) 1422 Eugene Heimann Circle (physical address) Richmond, TX 77469
INFO
- Applies to
- Property case
For marital estates with numerous assets or debts, parties are asked to provide the court an Excel spreadsheet of their proposed property division.
For cases involving marital estates with numerous assets/debts, please provide (to the court) an Excel spreadsheet containing the party’s proposed property division.
INFO
- Applies to
- Sworn inventory or proposed division of property
Supporting documentation may be attached or submitted as an exhibit.
Supporting documentation may be either attached or submitted as an exhibit.
INFO
- Applies to
- Supporting documentation
Supporting documentation may be attached or submitted as an exhibit.
Supporting documentation may be either attached or submitted as an exhibit.
What must be included with probable cause affidavit filings in Fort Bend County, TX?
The probable cause affidavit must include any additional information necessary for the magistrate to make the appropriate judgment.
What must be included with affidavit of indigency filings in Fort Bend County, TX?
An arrestee claiming indigency must complete and file a sworn affidavit of indigency with the magistrate.
What must be included with no probable cause finding filings in Fort Bend County, TX?
When applicable, a magistrate must make a written No Probable Cause finding within 24 hours after making the finding.
What must be included with motion to withdraw filings in Fort Bend County, TX?
Fort Bend County, TX: An appointed attorney seeking to withdraw from appellate representation must promptly move to withdraw after post-trial matters are complete, state good and satisfactory cause, and bring the motion to the judge’s immediate attention.
Judge Craig Allen Priesmeyer: A retained trial attorney remains attorney of record on appeal unless the attorney files a written withdrawal motion when the notice of appeal is given.
Judge Edward Michael Krenek: If the client is an entity, the withdrawal motion must be set for hearing and the entity’s representative notified to attend.
3 more rules answer this question.
What must be included with written motion for expenses filings in Fort Bend County, TX?
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.
What must be included with expense reimbursement request filings in Fort Bend County, TX?
Appointed counsel must submit a timely, complete, and true expense statement with the reimbursement request and certify that the expenses were duly rendered by the claimant.
1 more rule answers this question.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.