Frio County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements5 rules
The Petitioner must attach this order to the original petition and each copy, and the Clerk must ensure the attachments are present at filing if the Petitioner has not done so.
Court's wording
8.1. The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented. The Clerk shall not be required to make a paper copy for the Clerk's file and such orders are still incorporated therein.
For an ex parte application against a represented party, counsel must inform the Court that opposing counsel does not wish to be heard, that diligent notice efforts were unsuccessful and further efforts are impracticable, or that notice would effectively deny the requested relief.
Court's wording
A. If the party against whom the relief is sought is represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) counsel presenting the application has diligently attempted to notify opposing counsel, has been unable to do so, and the circumstances do not permit additional efforts to give such notice, or (iii) reasons exist that informing opposing counsel would effectively deny the applicant the relief requested.
1. Submit an Order Setting to the Court, with a Request for Setting when obtaining a trial date, or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.
3. Always advise the Court in your request that you have contacted the opposing counsel and that they are available for hearing on the date you have requested.
4. When setting or resetting a case for trial, pre-trial, etc., please advise the Court Administrator as to the estimated time you will need for the hearing.
Filing & Service rules
Service and Proof of Service Rules
When the withdrawing attorney must notify the client, notice may be sent by certified mail, return receipt requested, first-class mail, or email.
Notice shall be sent by certified mail, return receipt requested, first class mail, or email.
Page 4 | RULE 1.5 WITHDRAWAL OF COUNSEL — A. Notice to Client
1. File a motion for entry of the proposed judgment, order or decree and secure a hearing for the same, with notice to all opposing counsel pursuant to Rule 21a, Texas Rules of Civil Procedure.
1. File a motion for entry of the proposed judgment, order or decree and secure a hearing for the same, with notice to all opposing counsel pursuant to Rule 21a, Texas Rules of Civil Procedure.
Page 5 | Rule 2.4 Orders and Decrees
A responding party seeking affirmative relief on a temporary-order application must serve its application and hearing notice on the adverse party under Rules 5 and 21a.
An application to the Court for a temporary order and notice of any hearing thereon which is presented by a party responding to an application for temporary orders in which that party is seeking affirmative relief shall be served on the adverse party in accordance with Rule 5 and Rule 21a of the Texas Rules of Civil Procedure, as amended.
Page 6 | Rule 4.1 Temporary Hearings
Adjournment & Extension Requirements
A continuance or request to pass, postpone, or reset a hearing may be granted only with all counsel’s consent or after nonjoining parties have been notified and had an opportunity to object.
No request for a continuance, to pass, postpone or reset any trial, pretrial, or other hearing shall be granted unless counsel for all parties consent, or unless all parties not joining in such request have been notified and have had an opportunity to object.
Page 3 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — A. Consent or Notice Required
Unless all counsel consent in writing and the Court approves the continuance, a motion must be filed under applicable Rule 251 procedures and set through the Court Administrator’s website or like other motions; a noncompliant motion will be denied without prejudice.
Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as applicable, and the motion must be set by the Court Administrator's website, or in the same manner as all other motions. Any motion that does not meet these requirements will be denied without prejudice to the right to refile.
Page 3 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — B. Contents of Motion
An attorney whose scheduled vacation conflicts with an opposing counsel’s trial date must file a motion for continuance seeking leave to reschedule.
If an opposing counsel sets a trial date which conflicts with the scheduled vacation, it is the responsibility of the vacationing attorney to file a motion for continuance seeking leave of court to reschedule said setting.
Page 5 | Title 2
Chambers Communication Rules
Contact the Court Administrator as soon as possible if a hearing must be canceled or you are running late.
5. If, for any reason, you must cancel a hearing, or if you are running late to a scheduled hearing, please contact the Court Administrator as soon as possible.
Page 5 | Title 2