Galveston County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Fee voucher

No fee voucher should include the full name of minor child. If necessary, the minor child's first name and last initial is permitted. Fee vouchers identifying a minor child will be returned unpaid.

No fee voucher should include the full name of minor child. If necessary, the minor child's first name and last initial is permitted. Fee vouchers identifying a minor child will be returned unpaid.

CRITICAL

Applies to

Jury charge questions and instructions

Each party must prepare in proper written form and present, before or at jury selection, all charge questions and instructions raised by the pleadings on which that party bears an affirmative burden.

Each party shall prepare in proper written form and present to the Court prior to or at the time of the jury selection, all jury charge questions and instructions which are raised by the pleadings and upon which the party has an affirmative burden.

CRITICAL

Applies to

Parenting seminar proof

In cases involving a child's conservatorship, rights, duties, or possession, the parties must attend the seminar at their own expense and file proof with the court before the first mediation; termination and adoption cases are exempt.

In all cases m which the conservatorship, rights and duties or possession of a child is at issue. the parties shall nltend the parenting seminar "For Kid's Sake" or tbe equivalent thereof at their own expense and fite proof thereof with the court and send e~ copy to the opposing party prior to the first mediation session. The seminar is not required in a tern1ination case or a suit for adoption.

CRITICAL

Applies to

Order granting continuance

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

Upon granting a motion for continuance, the order granting such motion for continuance shall contain an order resetting the case for trial.

CRITICAL

Applies to

Electronically transmitted document

The sender must retain the document bearing the original signature as required by Texas Government Code section 51.806.

The sender shall maintain the original of the document with original signature affixed as required by section 51.806, Texas Government Code.

CRITICAL

Applies to

Ex parte order

An ex parte order may not restrain a parent from access to their children unless an affirmation shows that the children’s interests require the restraint.

No ex parte order shall restrain a parent from having access to that person's child(ren) except upon affirmation showing that the interest of the children require such restraint.

CRITICAL

Applies to

Proposed property division

When property division is at issue, each party must provide a proposed property division to opposing counsel or the self-represented party at least seven days before final trial.

In any case in which property division is at issue, the parties shall provide to the opposing counsel or prose party at least seven days before the start of final trial a proposed property division.

CRITICALCriminal cases

Applies to

Indigency form

Upon finding indigency, the appointing judge must sign a form indicating that the accused is indigent.

Upon a determination of indigency, the appointing judge shall sign the form indicating the accused is indigent

CRITICALCivil cases

Applies to

Invoice

Invoices must itemize unrelated activities separately with their respective times and amounts, rather than block bill them.

1. Avoid Block Billing. Itemize all unrelated activities separately, with their respective times and amount. Do not block bill for unrelated activities. Block billing is a practice whereby time entries contain several unrelated items with a single cumulative time and amount, rather than complete itemization.

CRITICAL

Applies to

Motion

Motions shall be accompanied by a blank notice of submission.

Motions shall be accompanied by a blank notice of submission.

CRITICAL

Applies to

Motion or letter

Must include

certificate of conference

The motion or a letter must contain a certification substantially following one of the stated conference or inability-to-confer statements before the matter can be set for hearing.

(b) No motions, objections or special exceptions will be set for hearing unless the moving Counsel shall have certified in such motion or in a letter substantially following:

CRITICAL

Applies to

Temporary order

Before the entry date, the parties must either submit an order approved by all counsel or 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 or record or 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

Discovery materials

Listed discovery materials—including party-only discovery requests, responses and objections, and produced materials—must not be filed with the District Clerk unless filed with the original petition or under special order of the judge.

Discovery Not Filed: The listed discovery shall not be filed with the District Clerk except on special order of the Judge of the Court, unless filed with the original petition. A. Discovery materials not to be filed. The following discovery materials must not be filed with the District Clerk except on special order of the court, unless filed with the original petition: 1. discovery requests, deposition notices, and subpoenas required to be served only on parties; 2. responses and objections to discovery requests and deposition notices, regardless on whom the requests or notices were served; 3. documents and tangible things produced in discovery;

CRITICAL

Applies to

Motion

Must include

certificate of conference

Motions must include a certificate stating that the parties conferred and made a good-faith effort to resolve the matter; normally, the Court will not schedule a hearing or submission without a compliant certificate.

Motions shall contain a certificate that Movant and Respondent have conferred with each other and in good faith attempted to resolve the matter. Normally, a hearing or submission date will not be scheduled by the Court unless a motion contains a certificate of conference that complies with this rule.

CRITICAL

Applies to

Default judgment

A default judgment in a case involving children or substantial real or personal property requires proof that notice of the final hearing was attempted to the opposing party.

No default judgments in cases involving children or substantial real or personal property shall be granted without proof of attempted notice of final hearing to the opposing party.

CRITICAL

Applies to

Transmission cover sheet

Every transmission must include a cover sheet identifying the sender, documents, and page count, with clear instructions and complete payment-authorization or escrow-debit 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 the issuance or other request; and (c) hiJVe complete information on the charge authorization or escrow account debit f(Jr court costs and fees.

CRITICALCriminal cases

Applies to

Indigency request form

The indigency determination must be recorded on the counsel-request form, which must be filed with the other orders in the case.

The determination will be recorded on the form requesting appointment of counsel and the form will be filed with the other orders in the case;

CRITICAL

Applies to

Default judgment

A default judgment involving children or substantial real or personal property requires proof that notice of the final hearing was attempted to the opposing party.

No default judgments in cases involving children or substantial real or personal property shall be granted without proof of attempted notice of tina! hearing to the opposing party.

CRITICAL

Applies to

Financial information statement

All parties must file a Financial Information Statement as required by the rules.

E. A.ll parties are required to file a Finnnciallnformation Statement as set out in these Rules.

CRITICAL

Applies to

Electronically filed document

The EFSP must send the document to Texas.gov in the required electronic file format with the transmission time and the filer's payment information.

On receipt of a filer's document, the filer's EFSP must send the document to Texas.gov in the required electronic tl.le fonnat along with an indication of the time the tiler sent the document to the EFSP and the filer's payment information.

CRITICAL

Applies to

Electronically served document

Must include

certificate of service

A filer who electronically serves a document must file it with a written service certification stating the filer's email or fax number, recipient's email address, date and time of service, and that electronic service was completed.

A filer who electronically serves a document upon another party shall make a written certi tlcation of such service that shall accompany the document when that document is tiled. The written certification shall include, in addition to any other requirements imposed by the Texas Rules of Civil Procedure, the following: (i) the filer's e-mail address or telecopier (facsimile machine) number; (ii) the recipient's e-mail address; (iii) the date and time of electronic service; m1d (iv) a statenent that the document was electronically served and that the electronic t:·ansmission was reported as complete.

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 filed. 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.

CRITICALCivil cases

Applies to

Fee application

A fee application must include an itemized invoice of time and expenses, except for an appointed attorney ad litem in an heirship or guardianship matter whose agreed fee is less than $1,000.

13.1temized Invoice Should Accompany Fee Application. Any time an attorney is making application for his or her fees to the Court, an invoice itemizing the time and expenses is required, even when the estate is solvent and the fee amount is agreed upon by all parties. However, when an attorney ad litem is appointed by the Court in an heirship or guardianship matter and the attorney ad litem's fee is agreed upon and totals less than $1000, an invoice is not required.

CRITICAL

Applies to

Request for relief

A detailed request for relief must briefly summarize the affirmative relief the party requests.

A. The parties shall provide to the opposing counsel or pro ,;e party at least seven days before the start of tina] trial a detatled request for relief which sets forth in brief. summary fonn the affinnat.ive r.oliefeach party is requesung.

CRITICAL

Applies to

Financial information statement

In the specified family cases, parties must file a Financial Information Statement and the two most recent pay stubs from every current employer with the Clerk and all counsel and self-represented parties before a trial or hearing where financial matters are at issue; the attached Exhibit A form may be used, and parties are responsible for accuracy and timeliness.

All parties to any Divorce, Suit Affecting Parent Child Relationship, Modification or other case involving conservatorship, periods of possession or child support or spousal support shall file with the Clerk and all counsel and prose parties prior to any trial or hearing in which support, finances, attorney's fees or the payment of any s,ort of expense is at issue, a Financial Information Statement and the two most recent pay stubs from ail current employers. Compliance with this Rule may be by the completion of a Financial Information Statement in the form attached as Exhibit A to these Rules. Parties are responsible for accuracy and timeliness.

CRITICALCivil cases

Applies to

Invoice

If time spent on an activity may appear excessive, the invoice entry must include a bracketed explanation justifying the time.

5. Justify Extraordinary Efforts. If you believe that the time you have spent on an activity may be perceived as excessive, include a statement in brackets at the end of the entry as to why such extraordinary time was justified.

CRITICALCriminal cases

Applies to

Completed indigency request form

The Magistrate must transmit the completed form to the judge or designee responsible for appointing counsel.

The Magistrate shall transmit the completed form to the appropriate judge or person designated by the judges to appoint counsel;

CRITICAL

Applies to

Temporary restraining order application

Any requested TRO language that departs from the standard wording must be brought to the court’s attention.

A. In any application for a temporary restraining order, any portion of the requested restraining order that deviates from the verbatim language of a standard temporary restraining order shall be printed in bold typeface of at least 12 point size and shall be brought to the court's attention.

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 all other parties with notice of the date and hour set for hearing and of the particular matter which will be considered at such time.

CRITICAL

Applies to

Motion

Must include

proposed order

Motions must be written and accompanied by a proposed order granting the requested relief.

Motions shall be in writing and shall be accompanied by a proposed order granting the relief sought.

CRITICAL

Applies to

Case information statement

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

Case lnforn1ation Statement. Each litigant shall complete a Case Information Statement from the District Clerk's Oftice which shall set the nature of the case, length of preparation time required, and other relevant data as tound necessary by the court.

CRITICALCriminal cases

Applies to

Written complaint

Written charges, complaints, or concerns about an attorney must be signed by the person making them.

Such written charges, complains, or concerns must be signed by the complaining person.

CRITICAL

Applies to

Electronically transmitted document

Each electronically transmitted filing 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 8-1/2x11 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.

CRITICALCriminal cases

Applies to

Written findings

If the trial Judge approves a different amount than requested, the Judge must make written findings stating the approved amount and reasons for the difference.

If the trial Judge disapproves the requested amount of payment, the Judge shall make written findings stating the amount of payment approved and the reasons for approving an amount different from the requested amount.

CRITICAL

Applies to

Motion

A motion to waive or reduce the parenting seminar fee must be accompanied by a Financial Information Statement.

A Coun may. upon proper motion accompanied by a Financial Infonnacion Statement, waive or reduce the tee for the parenting seminar sponsored by the Mediation Board of Galveston County.

CRITICAL

Applies to

Notice of temporary hearing or citation on modification

The Clerk must attach the Financial Information Statement form to each served Notice of Temporary Hearing or Citation on Modification and provide it to counsel or self-represented parties not served with the Order.

The Clerk shall attach a copy of the Financial Information Statement form attached as Exhibit A to these Rules to each Notice of Temporary Hearing or Citation on Modification which is served on a party and shall furnish a copy of same to each counsel or pro se party not served with the Order.

CRITICAL

Applies to

Financial information statement

Each Financial Information Statement must be signed by the party.

Each Financial Jnfonnation Statement shall be signed by the party.

CRITICAL

Applies to

Pre trial motion

Must include

proposed order, certificate of service, certificate of conference

A pretrial motion set for hearing must include the specified relief, facts, argument, signatures, oath when required, consultation information or an explanation, hearing notice, and proposed order.

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 Court at the pretrial hearing with or without evidence; and must contain a proposed order granting or denying the motion in full or in part.

CRITICAL

Applies to

Pretrial requirements certification

Counsel and pro se parties must appear at the pretrial conference unless they certify in writing that all pretrial requirements have been met.

Counsel and pro se parties must appear unless they certify, in writing, that all pretrial requirements have been met.

CRITICALCivil cases

Applies to

Invoice

Invoices must describe the topic or purpose of each telephone or office conference.

2. Include Descriptions. Describe the topic or purpose for each telephone or office conference.

CRITICAL

Applies to

Ex parte hearing order

Orders granted ex parte setting specified temporary-order or support-modification hearings must include the required Financial Information Statement and pay-stub instruction.

In all family law cases involving divorce, Suit Affecting Parent Child Relationship, modification or other case involving conservatorship, periods of possession or child support or spousal support, the following shall be included in all orders granted ex parte setting a hearing on temporary orders involving any support or setting a hearing on support modification:

CRITICAL

Applies to

Default judgment

A default judgment involving children or substantial property may not be granted without proof that notice of the final hearing was attempted to the opposing party.

No default judgments in cases involving children or substantial real or personal property shall be granted without proof of attempted notice of final hearing to the opposing party.

CRITICAL

Applies to

Agreed docket control order

The parties are expected to submit an agreed docket control order, with its dates established in consultation with the Court Coordinator.

Docket Control orders shall be required by the Court. The parties will be expected to submit an Agreed Docket Control order, the terms of which are established in consultation with the Court Coordinator concerning dates.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Motions must include a certificate confirming that the parties conferred and made a good-faith attempt to resolve the matter; normally, no hearing or submission date will be scheduled without a compliant certificate.

Certificates of conference. Motions shall contain a certificate that Movant and Respondent have conferred with each other and in good faith attempted to resolve the mat!er. Nonnally, a hearing or submission date will not be scheduled by the Court unkss a motion contains a certificate of conference that complies with this rule.

CRITICALCivil cases

Applies to

Fee request

Fee Requests should be filed as applications for payment of fees or for reimbursement of fees (if paid already by the representative) and not as claims against the estate. If the representative chooses to disregard the Court's policy and files the fee application as a claim, the Court will in every case require a hearing under Estates Code §355.056 and §1157.056.

Fee Requests should be filed as applications for payment of fees or for reimbursement of fees (if paid already by the representative) and not as claims against the estate. If the representative chooses to disregard the Court's policy and files the fee application as a claim, the Court will in every case require a hearing under Estates Code §355.056 and §1157.056.

CRITICAL

Applies to

Ex parte order setting support hearing

Orders ex parte setting the specified support hearings must include the directive for parties to file and deliver a Financial Information Statement and two recent pay stubs.

In all family Jaw cases involving divorce, Suit Affecting Parent Child Relationship, modification or other case involving conservatorship, periods of possession or child support or spousal support, the following shall be included in all orders granted ex parte setting a hearing on temporary orders involving any support or setting a hearing on support moditication: All parties to this action shall file with the Clerk and deliver a copy to all counsel or pro sc parties a Financial Information S'tatemenl (FIS), and two most recent pay stubs from all current employers.

CRITICAL

Applies to

Continuance order

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 case for trial.

CRITICAL

Applies to

Ex parte protective order

Except as otherwise provided by law, an ex parte protective order may be granted only when an attorney presents it accompanied by the client.

Except as otherwise provided by law, ex parte protective orders shall be granted only when presented by attorney accompanied by client.

CRITICAL

Applies to

Financial information statement

Each Financial Information Statement must be signed by the party.

Each Financial Information Statement shall be signed by the Party.

CRITICALCivil cases

Applies to

Physician certificate

If a mini-mental status exam was given, a copy must be attached to the Physician's Certificate of Medical Examination.

A mini-mental status exam was given. If "YES," please attach a copy.