Galveston County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Appendix

Each party shall file with its brief an appendix containing a written transcription of all portions of the recorded reporter’s record and a copy of all exhibits relevant to the issues raised on appeal.

Each party shall file with its brief an appendix containing a written transcription of all portions of the recorded reporter’s record and a copy of all exhibits relevant to the issues raised on appeal.

CRITICALCivil cases

Applies to

Dual compensation request

An attorney-fiduciary must fully disclose a dual-compensation request at appointment or, if requesting later, upon motion and hearing.

There must be full disclosure of the attorney-fiduciary's request for dual compensation at the time of appointment or upon motion and hearing if the request for dual compensation is made after appointment.

CRITICAL

Applies to

Motion

A motion submitted by submission must include a blank notice of submission.

Motions shall be accompanied by a blank notice of submission.

CRITICAL

Applies to

Discovery materials

Discovery requests, deposition notices, and subpoenas required to be served on nonparties, discovery motions and responses, and certain discovery agreements must be filed.

B. Discovery materials to be _flied The following discovery materials must be filed: 1. discovery requests, depositions notices, and subpoenas required to be served on nonparties: 2. motions and responses to motions pertaining to discovery matters, and: 3. agreements concerning discovery matters, to the extent necessary to comply with Texas Rule of Civil Procedure 11.

CRITICALCriminal cases

Applies to

Appointment and indigency forms

The Magistrate must immediately transmit the specified appointment and indigency forms to the Indigent Defense Coordinator.

The Magistrate is not authorized to appoint counsel and shall transmit or cause to be delivered immediately to the Indigent Defense Coordinator the request for appointment of lawyer form, finding of probable cause form, indigency application form, including finding of indigency.

CRITICAL

Applies to

Setting request

A party must make a written request to set a jury or non-jury matter, and requests are docketed in the order received.

All jury and non-jury matters will be set by the Court upon written request of any party, and will be placed on the docket for each week, day, or half-day in the order in which such requests are received.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion must be accompanied by a proposed order granting the relief sought.

Motions shall be in writing and shall be accompani~::d by a proposed order granting the relief sought.

CRITICAL

Applies to

Electronic transmission

Every transmission must include a cover sheet identifying the sender, documents, and page count, with clear instructions and complete cost-payment authorization information.

A cover sheet must accompany every transmission which shall: (a) clearly identify the sender. the documents being transmitted, and the number of pages; (b) have clear and concise instructions concerning tbe issuance or other request; and (c) have complete information on the charge authorization or escrow account debit for court costs and fees.

CRITICALCivil cases

Applies to

Invoice

If the invoice does not make clear for whom time is billed, it must include a legend identifying the timekeeper, initials, role, and years of probate experience.

3. Include Legend. If it is not clear from the invoice for whom time is being billed, please include a Legend to indicate the name of the timekeeper, initials of the timekeeper, whether the timekeeper is an attorney or paralegal, and the years of probate experience of the timekeeper.

CRITICALCivil cases

Applies to

Appendix

When a party cannot afford costs, the court recorder must prepare and file the transcription as the party’s appendix with all exhibits.

If a party is unable to afford costs, the court recorder must transcribe or have transcribed the recorded reporter’s record and file the transcription as that party’s appendix, along with all exhibits.

CRITICALCivil cases

Applies to

Fee application

Must include

proposed order

5. Fees Sought Should not be Preprinted on Order. Attach an Order approving the fees containing a blank for the fees, expenses, and total amount, so the Judge may fill in the approved amounts.

5. Fees Sought Should not be Preprinted on Order. Attach an Order approving the fees containing a blank for the fees, expenses, and total amount, so the Judge may fill in the approved amounts.

CRITICAL

Applies to

Opposed motion or response

Must include

proposed order, certificate of conference

Opposed motions and responses must be written, include a separate form order, and contain a certificate of a good-faith conference to resolve the matter.

Opposed motions and responses shall: 1 Be in writing. 2. Be accompanied by a separate form order granting or denying the relief; and 3. Contain a certificate that Movant and Respondent have conferred with each other and in good faith attempted to resolve the matter.

CRITICAL

Applies to

Dismissal notice

The Clerk must file a copy of the dismissal notice with the case papers and note the names and addresses of recipients and the mailing date.

A copy of such notice shall be filed with the papers of the cause with notation thereon made by the Clerk showing the name and address of all counsel of parties to whom notice was mailed and the date of mailing.

CRITICAL

Applies to

Pretrial motion

Must include

proposed order, certificate of service, certificate of conference

Each pre-trial motion that is set for hearing must succinctly state the relief sought, the facts pertinent to the motion. and supporting argument with authorities; must be signed by counsel and, where required, by the defendant; must be sworn to when require; must contain a certificate of service and consultation with opposing counsel and a statement that the matter raised in the motion was not resolved, or if no consultation was accomplished, an explanation thereof; must contain a notice the motion will be presented to the Coun at the pretrial h~aring with or without evidence; and must contain a proposed order granting or dt:.nying the motion in full or in part.

Each pre-trial motion that is set for hearing must succinctly state the relief sought, the facts pertinent to the motion. and supporting argument with authorities; must be signed by counsel and, where required, by the defendant; must be sworn to when require; must contain a certificate of service and consultation with opposing counsel and a statement that the matter raised in the motion was not resolved, or if no consultation was accomplished, an explanation thereof; must contain a notice the motion will be presented to the Coun at the pretrial h~aring with or without evidence; and must contain a proposed order granting or dt:.nying the motion in full or in part.

CRITICAL

Applies to

Temporary orders financial disclosures

Before a temporary-orders hearing involving child or spousal support, parties must provide specified financial records without waiting for a discovery request, including additional business statements from self-employed parties.

In any hearing for temporary orders in which child support or spousal support is an issue, the parties shall, without waiting for a discovery request, provide to the opposing counsel or pro se party prior to the start of the hearing, Financial Information Statements, two most recent pay stubs from all current employers, copies of income tax returns for extensions for the past two years (including all schedules, forms W-2 and 1099 filed with the returns) and copies of W-2 and 1099 for the prior year if a tax return has not yet been filed. A party who is self employed shall also provide the balance sheet and income statement for his or her business for the prior year and most recent month or period for which such reports have been prepared.

CRITICAL

Applies to

Discovery materials

Specified discovery materials must not be filed with the Clerk, subject to the stated exceptions.

A. Di.1·cow•ty materials not to bef]led. The following discovery materials musl not be filed with the Ckrk except on special order, unless tiled with the original petition; l. discovety requests, deposition notices, and subpoenas required to be served only on panies; 2. responses and objections to discovery requests and depo~ition notices. regardless on whom the requests or notices were served: 3. docurm:nts and tangible things produced in discovery: 4. statements prepared in compliance with Texas Rule of Civil Procedure 193.3 (b) or (d). and; 5. certificates of wTitten discovery. C. Exceptions. Notwithstanding paragraph (A)- I. the court may order discovery materials to be llled; 2. a person may tile discovery materials in support of or in opposition to a motion or for other use 1n a court proceeding, and; 3. a person may tile discovery materials necessary for a proceeding in an appellate court.

CRITICAL

Applies to

Electronically transmitted document

Each electronically transmitted document must be individually signed and include the signer's State Bar number, if any, address, telephone number, and telecopier number.

Every document electronically transmitted for filing shall conform to the requirements for filing established by the Texas Rules of Civil Procedure, i.e., shall be on paper measuring approximately 8-112 x II inches, shall be signed individually by the party or the party's attorney of record, and shall contain that individual's State Bar of Texas identification number, if any, address, telephone number and telecopier number. The quality of the original hard copy shall be clear and dark enough to transmit legibly.

CRITICAL

Applies to

Docket control order

Attorneys and self-represented litigants must either appear in person to report on the case and help prepare a Docket Control Order with a final hearing date, or submit an agreed Docket Control Order based on a trial date obtained from the court coordinator.

Attorneys or pro se litigants shall either appear in person to report on the status of the case and assist in the preparation of a Docket Control Order including a final hearing date or shall submit an agreed Docket Control Order based on a trial date obtained from the court coordinator.

CRITICAL

Applies to

Family case pleadings and documents

Pleadings and other documents required to be filed in family cases pending in the county courts must be filed with the Galveston County District Clerk.

Pleadings and other documents required to be tiled with the clerk in family cases pending in the County Courts of Galveston County shall be filed with the Galveston County District Clerk.

CRITICAL

Applies to

Temporary order

Before the entry date, the parties must either submit an order approved by all counsel and pro se parties through the clerk or notify the referring court’s coordinator that an entry hearing is required at the scheduled time.

The parties shall, before the entry date, either submit through the clerk an order approved by all counsel of record and pro se parties or notify the court coordinator of the referring court that an entry hearing will be required on the date and time already set for the entry.

CRITICAL

Applies to

Deposition notice

A written deposition notice must include the specified statement describing the conference or attempt to confer and whether agreement was reached.

Any written notice of deposition shall state as follows: "A conference was held (or attempted) with opposing Counsel to agree on a date, time, place and materials to be furnished. Agreement could not be reached (or Counsel will not respond) and the deposition is therefore being taken pursuant to this notice (or agreement was reached and this notice complies with the agreement)."

CRITICAL

Applies to

Opposed motion or response

Must include

proposed order

Opposed motions and responses must be accompanied by a separate form order granting or denying the requested relief.

Be acco'mpanied by a separate forn1 order granting or denying the relief, and;

CRITICALCriminal cases

Applies to

Attorney fee claim

Attorney fee claims must itemize representation time and describe the services, dates, time spent, and amount requested.

The claim form shall specify and/or itemize the time spent on the representation with a detailed description of each item performed in representation of the indigent defendant. The claim shall include the services performed, the dates of such performance, the actual time spent on each date and the amount requested for payment of attorney's fees and expenses.

CRITICAL

Applies to

Financial information statement

All parties must file a Financial Information Statement and two recent pay stubs with the Clerk and deliver copies to counsel or self-represented parties.

All parties to this action shallfile with the Clerk and deliver a copy to all counsel or pro se parties a Financial Information Statement (FIS), and two most recent pay stubs from all current employers.

CRITICAL

Applies to

Order granting continuance

An order granting a continuance must also reset the case for trial.

Upon granting of a motion for continuance, the order granting such motion for continuance shall contain an order resetting the ca<>e for trial.

CRITICAL

Applies to

Final hearing financial disclosures

At least seven days before final trial, parties must provide specified financial documents, account and debt statements, and any required child-support calculation to opposing counsel or the self-represented party.

The parties shall, without waiting for a discovery request, provide to the opposing counsel or pro se party at least seven days before the start of final trial the following documents: 1. The documents described in Rule 4.14(A) and a Financial Information Statement in any case in which property division, attorney's fees, child support or spousal support is at issue; 2. The most recent account statements pertaining to any retirement, IRA or 401k account and any account with any financial institution including, but not limited to, banks, credit unions, brokerage firms and savings & loans in any case in which property division is at issue; 3. The most recent statements for any credit cards, loans or debts in any case in which property division is at issue; and 4. A child support calculation in any case in which child support is at issue.

CRITICAL

Applies to

Case information statement

Each litigant must complete a Case Information Statement from the District Clerk's Office describing the case, required preparation time, and other data the court finds necessary.

Case Information Statement. Each litigant shall complete a Case Information Statement from the District Clerk's Office which shall set the nature of the case, length of preparation time required, and other relevant data as found necessary by the court.

CRITICALCriminal cases

Applies to

Public hearing request

The Board holds the hearing in executive session unless the attorney submits a written request for a public hearing.

The Board shall conduct the hearing in executive session unless the attorney submits a written request for a public hearing.

CRITICAL

Applies to

Docket control order

Attorneys and self-represented litigants must either attend the status conference in person to report and help prepare a Docket Control Order including a final hearing date, or submit an agreed order based on a trial date obtained from the court coordinator.

Attomeys or prose litigants shall either appear in person to report on the status of the case and assist in the preparation of a Docket Control Order including a tinal hearing <late or shall submit an agreed Docket Control Order based on a trial date obtained from the court coordinator.

CRITICAL

Applies to

Sworn inventory and appraisement

The sworn inventory and appraisement must state the parties’ separate and community property, including property belonging to their children.

The sworn inventory and appraisement of all property shall contain statements regarding both separate and community property of the parties, including any property belonging to children of the parties.

CRITICALCriminal cases

Applies to

Attorney fee claim

Attorney fee and expense claims must use the approved county voucher form and be signed.

Each attorney shall present a signed voucher or claim for attorney fees and expenses using the approved GALVESTON COUNTY ATTORNEY FEE VOUCHER form.

CRITICAL

Applies to

Standard temporary restraining order

Unless good cause is shown, standard temporary restraining orders must be mutual and restrain all parties to the suit.

B. Except upon good cause shown. all standard temporary restraining orders shall be mutual and restrain all parties to a suit.

CRITICAL

Applies to

Notice of settlement or dismissal

A party who settles or dismisses a case set for trial must notify the Court Coordinator as soon as possible.

When a party settles or dismisses a case, which is set for trial, he shall give notice to the Court Coordinator as soon as possible.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion must include a proposed order granting the requested relief, generally as a separate instrument, with a one-page exception.

Form. Motions shall be in writing and shall be accompanied by a 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

Notice of temporary hearing or citation on modification

The Clerk must attach the Exhibit A Financial Information Statement form to each served Notice of Temporary Hearing or Citation on Modification.

The Clerk shall attach a copy of the Financial Infom1ation Statement fonn attached as Exhibit A to these Rules to each Noti~c of Temporary Hearing or Citation on Modification which is SL'rvcd on a party and shall furnish a copy of same to each counsel or prose party not served with the OnJer.

CRITICAL

Applies to

Hearing notice

The hearing notice must state the hearing date and time and the particular matter to be considered.

the parties making such request shall serve notice to all parties for the date and hour set for hearing and of the particular matter which will be considered at such time.

CRITICAL

Applies to

Inventory and appraisement

Each party must file a sworn inventory and appraisement by the later deadline in the docket-control or other court order, including statements about separate and community property and property belonging to the parties' children.

Each party shall file a sworn inventory and appraisement by the later deadline set out in the docket control order or other order of the court, with a copy being filed with the clerk and furnished to all opposing counsel and pro se parties. The sworn inventory and|,appraisement of all property shall contain statements regarding both separate and community property of the parties, including any property belonging to children of the parties.

CRITICALCivil cases

Applies to

Guardianship application

The Physician's Certificate of Medical Examination must be filed with every guardianship application in the Galveston County Probate Court.

IT IS THEREFORE ORDERED that the Probate Court of Galveston County hereby adopts the Physician's Certificate of Medical Examination and ORDERS that effective immediately the Physician's Certificate of Medical Examination must be filed with all guardianship application that are filed in the Galveston County Probate Court.

CRITICALCivil cases

Applies to

Written request

Hearings to admit a will to probate when the decedent has been dead more than four years, or to admit a copy of a will, are heard only on the Thursday docket and require a written request to be set.

IT IS FURTHER ORDERED that hearings to admit wills to probate where the decedent is dead more than 4 years or to admit a copy of a will to probate will be heard only on the Thursday docket and will be set only upon the receipt of a written request.

CRITICALCriminal cases

Applies to

Application for inclusion on appointment list

Attorneys seeking placement on the graduated appointment list must complete and submit an application and meet the basic requirements for attorneys.

Attorneys who complete and submit an application for inclusion on the appointment list for representation of indigent defendants and who meet the basic requirements for attorneys shall be placed on a graduated list based on experience and qualifications as set out in Section VIII.

CRITICAL

Applies to

Severance order

When a motion to sever is sustained, the order for the severed claim must identify all pleadings to be transferred and filed in the new case.

Whenever a motion to sever is sustained, the order prepared for the severed claim shall identify all of the pleadings that need to be transferred and filed into the new case.

CRITICAL

Applies to

Request for relief

At least seven days before final trial, each party must provide opposing counsel or the self-represented party a detailed, brief summary of the affirmative relief requested.

The parties shall provide to the opposing counsel or pro se party at least seven days before the start of final trial a detailed request for relief which sets forth in brief, summary form the affirmative relief each party is requesting.

CRITICAL

Applies to

Sworn inventory and appraisement

The sworn inventory and appraisement must state the parties’ separate and community property, including property belonging to their children.

The sworn inventory and appraisement of all property shall contain statements regarding both separate and community property of the parties, including any property belonging to children of the parties.

CRITICAL

Applies to

Trial setting response

A written response to a trial-setting request must state any objection to the requested setting.

Any Counsel will file a written response to the request within 7 days after receipt stating any objection to the request for setting.

CRITICALCivil cases

Applies to

Probate application for will as muniment of title

For applications to probate a will as a muniment of title involving a decedent over 55 who died after March 1, 2005, the completed MERP Authorization for MERP Certification form must be filed before the court hearing.

IT IS ORDERED that effective October 1, 2009, all applications for probate of a will as a muniment of title where the decedent was over the age of 55 and died after March 1, 2005, will need to have filed before the court hearing the form Authorization for MERP Certification completed by the Medicaid Estate Recovery Program.

CRITICAL

Applies to

Parenting seminar attendance proof

In all cases in which the conservatorship, rights and duties or possession of a child is at issue, the parties shall attend the parenting seminar "For Kid's Sake" or the equivalent thereof at their own expense and file proof thereof with the court and send a copy to the opposing party prior to the first mediation session.

In all cases in which the conservatorship, rights and duties or possession of a child is at issue, the parties shall attend the parenting seminar "For Kid's Sake" or the equivalent thereof at their own expense and file proof thereof with the court and send a copy to the opposing party prior to the first mediation session.

CRITICALCivil cases

Applies to

Fee application

A fee application should identify its accounting period in the title or prominently in the body.

Indicate the period covered by the application in the title or prominently in the body.

CRITICAL

Applies to

Sworn inventory and appraisement

Each party must file a sworn inventory and appraisement by the later deadline in the docket control order or another court order, covering separate and community property, including property belonging to the parties' children.

Each party shall file a sworn inventory and appraisement by the later deadline set out in the docket control order or other order of the court, with a copy being filed with the clerk and furnished to all opposing counsel and prose panics. The sworn inventory an'd'appraisement of all property shall contain statements regarding both separate and community property of'the parties, including any property belonging to children of the parties.

CRITICAL

Applies to

Application to probate will as muniment of title

An applicant seeking probate as a muniment of title must be able to swear from personal knowledge that the estate has no debts other than those secured by real-estate liens; falsely swearing is subject to a perjury charge.

Must swear no debts. To probate a will as a muniment oftitle, applicant must be able to swear on personal knowledge that there are no debts against the estate other than those secured by liens against real estate -that includes credit card balances, doctor's bills, utility bills, Medicaid estate recovery claims, etc.- anything owed by decedent and not paid off. Anyone falsely swearing that the estate has no creditors is subject to a perjury charge.

CRITICALCriminal cases

Applies to

Notice of removal

An attorney removed for good cause must receive written notice stating the grounds for removal.

If the court is to remove an attorney for good cause then the attorney shall be given written notice of such removal and the grounds for such removal shall be stated in such notice.