Frio County District Court, Texas Document Filing Requirements

CRITICALCivil cases

Applies to

Petition

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.

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.

CRITICAL

Applies to

Ex parte application

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.

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.

CRITICAL

Applies to

Trial or pretrial setting request

When obtaining a trial date, submit an Order Setting with a Request for Setting; when obtaining a pretrial date, submit a letter, and state the date agreed to by the parties.

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.

CRITICAL

Applies to

Trial or pretrial setting request

A setting request must state that opposing counsel was contacted and is available on the requested hearing date.

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.

WARNING

Applies to

Trial or pretrial setting request

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.

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.