Gaines County District Court Document Filing Requirements

CRITICALCivil cases

Applies to

Petition

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.

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.

CRITICALCivil cases

Applies to

Filing

Any birth certificate must be referenced in the filing.

IT IS ORDERED that any birth certificate shall be referenced in the filing,

CRITICALCivil cases

Applies to

Birth certificate

The Petitioner must deliver the birth certificate in person to the court at the first available in-person hearing.

Instead, said birth certificate shall be delivered in person by the Petitioner to the court at the first available in-person hearing.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Every motion for continuance must include a certificate documenting the parties’ good-faith effort to resolve the dispute and its failure.

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.

CRITICAL

Applies to

Hearing submission

Before any temporary or final hearing, each party must furnish the Court a list of requested relief without commentary or reasons.

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.

CRITICAL

Applies to

Tax return

Parties must furnish their last tax returns filed with the IRS.

Parties are ordered to furnish last tax returns filed with I.R.S.

CRITICAL

Applies to

Witness notice

Each party must notify the other party of identifying information for all expert and public-service witnesses and summarize their expected testimony.

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.

CRITICAL

Applies to

Proposed findings conclusions

When findings of fact and conclusions of law are requested, each party must prepare proposed findings and conclusions in signature-ready form within ten days of the request.

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.

CRITICAL

For an in-chambers child interview, the children must be available at the conclusion of testimony unless they are in school.

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.

CRITICAL

Applies to

Divorce pleading

When a divorce pleading is served by publication, the case must have either the specified statement of no property or minor children, or an order appointing an attorney ad litem for the respondent.

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.

CRITICAL

Applies to

Default judgment

A Certificate of Last Known Address and an Affidavit of Military Status must be filed before any default judgment is granted.

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.

CRITICAL

Applies to

Request for setting

Must include

certificate of conference

The requesting party must certify that opposing counsel or the pro se parties were contacted and agree to the requested setting date.

I hereby certify that I have contacted opposing counsel / parties pro-se and this setting date is agreeable to all: .

WARNING

Applies to

Hearing submission

A request that deviates from a standard must specify the requested relief with the detail of an order, including where, how, and with whom for supervised visitation.

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.

WARNING

When income is relevant, parties should know their current or preceding-year income and be prepared to state it.

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.

WARNING

Applies to

Exhibits

Exhibits should be marked and exchanged before trial.

7. All exhibits should be marked and exchanged prior to trial.

WARNING

Applies to

Order

Unless the parties agree or the Court orders otherwise, the prevailing party drafts the hearing order; if that party is pro se and the other party is represented, the other party’s counsel drafts it.

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.