Gaines County District Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements1 rule
All exhibits shall clearly identify the sponsoring party and exhibit number. Not necessary to remark exhibits because ofelection to not introduce some,i.e. can introduce 1,2,and 4 without 3. Every individual page ofa group exhibit should be marked,i.e. Father's Ex 1 page 1, Father's Ex 1, page 2, etc.
- Exhibits
Formatting
- •Mark every individual page of a group exhibit
Document Filing Requirements16 rules
IT IS ORDERED that any birth certificate shall be referenced in the filing,
In accordance with HB 1973, when a Petition is filed in a Suit Affecting the Parent-Child Relationship, the Petitioner shall additionally submit to the court a certified copy of the child’s birth certificate if available to the Petitioner.
Instead, said birth certificate shall be delivered in person by the Petitioner to the court at the first available in-person hearing.
6. Each Party shall notice the other with identifying information of all expert wimesses and all public service wimesses. i.e. police officers, CPS personnel and a summary of their expected testimony.
2. All Motions for Continuance mustinclude a "Certificate ofConference" documenting that the parties have made a good faith effort to resolve the dispute at issue and have failed.
- Document
- Motion
Include
- •Certificate of conference
and each is Ordered to prepare proposed Findings ofFact and Conclusions of Law in a form appropriate for the Judge's signature within ten (10) days of request.
Parties are ordered to furnish last tax returns filed with I.R.S.
4. Prior to ANY hearing(Temporary or Final)each Party shall furnish the Court a list ofall relief requested without commentary and without the reason for the request.
13. If a Divorce pleading is served by publication, either 1) filing of a statement that they own nothing of value and they have no minor children, or 2) an Order Appointing an Attorney Ad Litem to represent the respondent will be required.
14. Before any Default Judgment will be granted, a Certificate of Last Known Address and an Affidavit of Military Status must first be filed in the case.
11. If the Court is required to interview children in chambers, the children must be available to the Court at the conclusion of testimony, unless they are in school.
I hereby certify that I have contacted opposing counsel / parties pro-se and this setting date is agreeable to all: .
5. If income is relevant. Parties should have a firm grasp of his or her own current income or income from the preceding year and be prepared to declare same.
7. All exhibits should be marked and exchanged prior to trial.
However, deviations from any standard must be as specific as an Order, e.g. request for supervised visitation must contain where, how and with whom.
12. In the absence of an agreement or unless otherwise ordered by the court, the prevailing party in a hearing will draft the order. If the prevailing party is pro se and the other party is represented, counsel for the other party will draft the Order.
Filing & Service rules
Electronic Filing Rules
A birth certificate must not be e-filed.
but NOT eFiled.
Civil cases
Page 1 | STANDING ORDER (Regarding HB 1973)
For a divorce case, email the signed and completed final decree with the request form.
If this is a divorce case, please email your signed and completed final decree of divorce to djudge@co.dawson.tx.us along with this form.
Page 1 | REQUEST FOR SETTING (PRO SE)
Submit the completed request form to the District Court Coordinator by mail or email.
When this form is completed, either mail to: District Court Coordinator, P.O. Box 1268, Lamesa, Texas 79331, or email to djudge@co.dawson.tx.us
Page 1 | REQUEST FOR SETTING (PRO SE)
For a non-divorce case, email the appropriate order for disposition.
If another type of case, please email the appropriate Order for disposition of your case.
Page 1 | REQUEST FOR SETTING (PRO SE)
Sensitive exhibits or attachments must be referenced in the filing, not e-filed, and forwarded to the court by email.
IT IS ORDERED that any filing that includes an exhibit or attachment that contains any sensitive data, including but not limited to photos of children and/or photos showing any injuries, said exhibit or attachment shall be referenced in the filing, but NOT ePiled. Instead, said exhibit or attachment shall be forwarded to the court via email.
Page 1 | Standing Order (Regarding Exhibits or Attachments)
Completed setting requests may be returned to the 106th District Court by email, fax, or mail.
Please complete and return to 106th District Court via email to djudge@co.dawson.tx.us, by fax to 806.872.7810 or mail to P.O. Box 1268, Lamesa, TX 79331.
Page 1 | REQUEST FOR SETTING
Service and Proof of Service Rules
The defendant waives formal arraignment, any prerequisites of two days’ prior service, and reading of the indictment.
Defendant waives: all requirements of formal arraignment, any prerequisites of 2 days prior service; and the reading of the indictment.
Criminal cases
Page 1 | WAIVER OF ARRAIGNMENT
A party in a covered tax lawsuit must timely respond to discovery requests duly served by the opposing party.
but further notes that any party in a tax lawsuit under Texas Property Tax Code Chapters 31-34, that is duly served discovery requests by the opposing party, will still be fully and completely obligated to timely respond to any such party initiated discovery requests.
Civil cases
Page 1 | 106th District Court’s Standing Order Regarding Mandatory Disclosures in Tax Cases Filed in Gaines County, Texas
When either party requests findings of fact and conclusions of law, the other party must be notified.
9. If Findings of Fact and Conclusions of Law are requested of the Court by either Party, the other Party is Ordered to be noticed
Page 1 | Pretrial Order
Sealing & Redaction Procedures
The District Clerk must promptly seal and maintain as confidential filed mental-health reports, assessments, and evaluations in specified felony criminal cases.
IT IS ORDERED that the office of the District Clerk of Dawson, Gaines, Garza and Lynn Counties, Texas shall promptly seal and maintain as confidential all written reports, assessments and mental health evaluations that are filed in felony criminal cases in the District Court of Dawson, Gaines, Garza and Lynn County, Texas, in which a person’s competency to stand trial, sanity, or other mental health condition(s) is / are at issue and have been addressed.
Criminal cases
Page 1 | Standing Order (Regarding Mental Health Condition)
Subject to the stated statutory exceptions, covered filed mental-health records must not be unsealed or disclosed unless the District Court has ordered and approved disclosure.
Subject to the exceptions stated in Articles 46B & 46C, Texas Code Criminal Procedure; IT IS FURTHER ORDERED that any such filed evaluations, assessments and reports shall not be unsealed or disclosed to any person or entity, unless disclosure of same has been otherwise ordered and approved by the District Court of Dawson, Gaines, Garza and Lynn Counties, Texas.
Criminal cases
Page 1 | Standing Order (Regarding Mental Health Condition)
Chambers Communication Rules
A party who files a request for findings of fact and conclusions of law must immediately notify the Court Coordinator that it has been filed.
10. In addition to filing Request for Findings of Fact and Conclusions of Law with the Clerk, the Party requesting them is Ordered to immediately notify the Court Coordinator that such has been filed.
Page 2 | Pretrial Order
If the children are in school, the requesting party must notify the Court before the hearing to obtain instructions about the interview’s time and place.
If the children are in school, the Party making the request shall notify the Court prior to the hearing in order to receive instructions from the Court as to the time and place for the interview.
Page 2 | Pretrial Order