Galveston County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Trial submissions

Unless the Court orders otherwise, parties and counsel must deliver the specified trial materials when they report for trial, with jury materials for jury trials and proposed findings and conclusions for non-jury trials.

(c) Unless ordered otherwise, at the time the parties and Counsel report for trial they will deliver to the Court and the other Counsel a witness list, exhibit list, any motion in limine and any requested instructions and questions if a jury trial, and proposed findings of fact and conclusions of law if a non-jury trial.

CRITICAL

Applies to

Motion

Mediation is required before trial unless a party objects by motion and, if requested, obtains a hearing and a Court order that mediation is not required.

Mediation is required prior to trial in all cases unless a party objects by filing a motion and , at the request of a party, a hearing is held and the Court orders that mediation is not required.

CRITICAL

Applies to

Electronic transmission cover sheet

Every transmission must include a cover sheet identifying the sender, documents, and page count, giving clear instructions, and providing complete charge 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) have complete information on the charge authorization or escrow account debit for court costs and fees.

CRITICAL

Applies to

Electronically filed document

Every electronically filed document must include the filer’s email address in addition to the information required by Texas Rule of Civil Procedure 57.

In addition to the infonnation required on a pleading by TEX. R. CIV. P. 57, a tiler must include an e-mail address on any electronically-tiled document.

CRITICAL

Applies to

Jury instructions

Each party must prepare and present the jury-charge questions and instructions on which it has an affirmative burden before or at jury selection.

Each party shall prepare in proper written fom1 and present to the Court prior to or at th.: time of the jury selection, all jury charge questions and instructions which are raised by the pleadings and upon which the party has an affim1ative burden.

CRITICAL

Applies to

Financial information statement

Each Financial Information Statement must be signed by the party.

D. Each Financial information Statement shall be signed by the Party.

CRITICAL

Applies to

Final hearing financial documents

At least seven days before final trial, parties must provide the specified financial, account, debt, and child-support documents applicable to the issues in the case.

Final Hearings. The parties shall, without waiting for a discovery request, provide to the opposing counsel or pro sc party at least seven days before the start of tina! trial the following documents: I. The documents described in Rule 4.14(A) and a Financial Infonnation 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 40 I k account and any account with any financial institution including, but not limited to, banks, credit unions, brokerage tinns 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 chil·i support calculation in any case in which child support is at issue.

CRITICAL

Applies to

Jury instructions

Each party must prepare and present in proper written form, before or during jury selection, the jury-charge questions and instructions raised by the pleadings on which that party has 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.

CRITICALCriminal cases

Applies to

Indigency request form

The Magistrate must provide and assist with the counsel-request form by the magistrate hearing; the person must complete it under oath with financial information.

As soon as possible following arrest, but in no event not later than the magistrate hearing, the Magistrate shall provide any person who wishes to request appointment of counsel a form the person will complete, under oath, providing the required information about the person's financial resources. The Magistrate will indicate that the person requests appointment of counsel. The Magistrate shall provide the arrested person reasonable assistance in completing the form;

CRITICAL

Applies to

Financial information statement

In specified family-law cases, parties must file a Financial Information Statement and two recent pay stubs before a trial or hearing addressing support, finances, fees, or expenses.

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 pro se parties prior to any trial or hearing in which support, finances, attorney's fees or the payment of any sort of expense is at issue, a Financial Information Statement and the two most recent pay stubs from all current employers.

CRITICAL

Applies to

Pre trial motion

Must include

proposed order, certificate of service, certificate of conference

Each pre-trial motion set for hearing must include the required relief, facts, argument, signatures, certifications, presentation notice, and proposed order.

D. 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 required; 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 pre-trial hearing with or without evidence; and must contain a proposed order granting or denying the motion in full or in part.

CRITICAL

Applies to

Motion

A motion's title must identify it as an opposed, unopposed, or agreed motion.

Motions shall state in their title, "OPPOSED MOTION FOR ... " or "UNOPPOSED" [or AGREED] MOTION FOR .... ,

CRITICAL

Applies to

Docket control conference request

Must include

certificate of conference

A request for a docket control conference must include a certificate stating that a good-faith effort was made to reach agreement on an agreed docket control order.

A request for a Docket control conference must contain a certificate that a good faith effort was made to reach agreement so that an Agreed Docket Control order could be submitted.

CRITICAL

Applies to

Electronically served document

Must include

certificate of service

A filer who electronically serves a document must file it with a written certification stating the filer’s email or fax number, the recipient’s email address, the service date and time, and that transmission was reported complete.

(b) A filer who electronically serves a document upon another party shall make a written certification of such service that shall accompany the document when that document is filed. 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; and (iv) a statement that the document was electronically served and that the electronic transmission was reported as complete.

CRITICALCriminal cases

Applies to

Investigator or expert fee claim

The signed claim form for Investigator and Experts shall be submitted by the Provider on the form titled CLAIM FOR INVESTIGATION OR EXPERT WITNESS FEES provided by the County. Investigators/Experts should submit a claim directly to the Indigent Defense Coordinator.

The signed claim form for Investigator and Experts shall be submitted by the Provider on the form titled CLAIM FOR INVESTIGATION OR EXPERT WITNESS FEES provided by the County. Investigators/Experts should submit a claim directly to the Indigent Defense Coordinator.

CRITICALCriminal cases

Applies to

Annual practice statement

Attorneys must submit a statement describing the percentage of their practice devoted to appointed adult criminal cases in Galveston County during the October 1–September 30 reporting period.

Attorneys shall submit by October 15 of each year a statement that describes the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in Galveston County for adult criminal cases for the prior twelve (12) months that begins October 1 and ends on September 30.

CRITICAL

Applies to

Ex parte order regarding children

An ex parte order may not restrain a parent’s 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 atTinnation showing that the interest of the children require such restraint.

CRITICAL

Applies to

Continuance order

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

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

CRITICAL

Applies to

Temporary orders hearing financial documents

For temporary-orders hearings involving child or spousal support, parties must provide the listed financial documents without waiting for discovery; self-employed parties must also provide specified business financial statements.

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 prose 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, fonns W-2 and 1099 filed with the returns) and copies of W-2 and I099 for the pri01· year if a tax return has not yet been tiled. 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 suc.:h reports have been prepared.

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 Govemment Code.

CRITICAL

Applies to

Notice of intention to dismiss

The District Clerk must file a copy of the dismissal notice with a notation identifying the recipients’ names and addresses and the mailing date.

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

CRITICALCriminal cases

Applies to

Appointment application

An attorney seeking to participate as appointed counsel must complete and return an application to the Office of District Court Administration.

Any attorney who, during a calendar year, desires to participate as an appointed attorney for indigent defendants may secure an application from the Office of District Court Administration and must complete and return the application to the Office of District Court Administration.

CRITICAL

Applies to

Financial information statement

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

All parties are required to file a Financial Information Statement as set out in these Rules.

CRITICAL

Applies to

Order

Specified ex parte orders setting hearings on temporary support, alimony, or support modification must include the stated filing-and-delivery directive.

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 alimony or setting a hearing on support modification: A It parties to this action shall file with the Clerk and deliver a copy to all counsel or prose

CRITICALCivil cases

Applies to

Time and expense records

An attorney-fiduciary must keep detailed time and expense records that distinguish legal from non-legal work.

The attorney-fiduciary must keep meticulous time and expense records, carefully segregating legal and non-legal work.

CRITICAL

Applies to

Financial information statement

In the specified family-law cases, parties must file a Financial Information Statement and two recent pay stubs from each current employer with the Clerk and provide them to counsel and self-represented parties before a trial or hearing addressing the listed financial issues; the statement may use Exhibit A, and parties are responsible for its 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 pro se parties prior to any trial or hearing in which support, finances, attorney's fees or the payment of any sort of expense is at issue, a Financial Information Statement and the two most recent pay stubs from all 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.

CRITICAL

Applies to

Motion

Must include

proposed order

Motions must be written and include a proposed order as a separate instrument, unless the motion, order, signature lines, and certificate of service all fit on one page.

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

Document

Must include

certificate of service

A filer who electronically serves a document must file it with a written certification listing the filer’s contact information, the recipient’s email address, the service date and time, and confirmation of completed electronic transmission.

(b) A filer who electronically serves a document upon another party shall make a written certification of such service that shall accompany the document when that document is filed. 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; and '·•...:,· (iv) a statement that the document was electronically served and that the electronic transmission was reported as complete.

CRITICAL

Applies to

Fee voucher

C.P.S. travel expenses, except travel time and mileage, must be itemized and supported by a receipt.

Except for travel time and mileage, travel expenses must be itemized and a receipt is required.

CRITICAL

Applies to

Discovery materials required to be filed

Discovery requests, deposition notices, and subpoenas for service on nonparties; discovery motions and responses; and discovery agreements needed to comply with Texas Rule of Civil Procedure 11 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; motions and responses to motions pertaining to discovery matters; and 2. agreements concerning discovery matters, to the extent necessary to comply with Texas Rule of Civil Procedure 11.

CRITICAL

Applies to

Temporary order

Before the entry date, the parties must either submit an order approved by all counsel and self-represented parties or notify the court coordinator that an entry hearing is needed 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 prose 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

Mental health docket paperwork

The mental health docket is heard weekly after the appropriate paperwork is filed with the probate clerk's office.

The Court hears a mental health docket weekly at a regularly scheduled time after the appropriate paperwork is filed with the probate clerk's office.

CRITICAL

Applies to

Electronically filed document

A digital signature on an electronically filed document counts as a signature; the first attorney named in an initial pleading's signature block is deemed attorney in charge unless otherwise designated, and the digital signature is attributed to the first attorney named for Rules 13 and 57.

The attachment of a digital signature on an electronically-filed document is deemed to constitute a signature on the document for purposes of signature requirements imposed by the Texas Rules of Civil Procedure or any other law. The person whose name appears first in the signature block of an initial pleading is deemed to be the attorney in charge for the purposes of Texas Rules of Civil Procedure 8, unless otherwise designated. The digital signature on any document filed is deemed to be the signature of the attorney whose name appears Hrst in the signature block of the document for the purpose of Texas Rules of Civil Procedure 13 and 57.

CRITICAL

Applies to

Parenting seminar proof

In cases involving a child’s conservatorship, rights and duties, or possession, parties must attend an approved parenting seminar and file proof with the Court before the first mediation session; the seminar is not required in termination or adoption cases.

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. The seminar is not required in a termination case or a suit for adoption.

CRITICAL

Applies to

Case information statement

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

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

CRITICAL

Applies to

Electronically filed document

Every electronically filed document must include the filer's e-mail address in addition to the information required by Texas Rule of Civil Procedure 57.

In addition to the information required on a pleading by TEX. R. CIV. P. 57, a filer must include an e-mail address on any electronically-filed document.

CRITICAL

Applies to

Opposed motion and response

Must include

proposed order

Opposed motions and responses must be written and accompanied by a separate form order; motion titles must identify the motion as opposed, unopposed, or agreed using the stated wording.

Opposed motions and responses shall: 1. Be in writing; 2. Be accompanied by a separate form order granting or denying the relief, and; 3. Motions shall state in their title, "OPPOSED MOTION FOR..." or "UNOPPOSED" [or AGREED] MOTION FOR..."

CRITICAL

Applies to

Electronically served document

Must include

certificate of service

A filer electronically serving a document must file an accompanying written service certification containing the specified filer, recipient, timing, and transmission information.

(b) A filer who electronically serves a document upon another party shall make a written certification of such service that shall accompany the document when that document is filed. 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; and (iv) a statement that the document was electronically served and that the electronic transmission was reported as complete.

CRITICALCivil cases

Applies to

Fee application

A fee application must include an attorney affidavit addressing fee reasonableness, service necessity, and years of probate and guardianship practice.

Attach an affidavit by the applicant attorney swearing to the reasonableness of the fees and the necessity of the services and indicating the number of years he or she has practiced probate and guardianship law.

CRITICAL

Applies to

Docket control conference request

Must include

certificate of conference

A request for a docket control conference must include a certificate that a good-faith effort was made to reach agreement on an agreed docket control order.

A request for a Docket control conference must contain a certificate that a good faith effort was made to reach agreement so that an Agreed Docket Control order could be submitted.

CRITICAL

Applies to

Notice of intention to dismiss

A copy of the dismissal-intention notice must be filed with the case papers and annotated with 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 District Clerk showing the name and address of all counsel of parties to whom notice was mailed and the date of mailing.

CRITICAL

Applies to

Ex parte application

An ex parte application must include counsel’s signed certificate stating whether the opposing party is represented and, if so, identifying that party’s counsel and contact information.

Every application for relief ex parte shall contain a certificate signed by Counsel stating: (1) Whether or not the party against whom relief is sought ex parte is represented by Counsel; or, (2) If the party against whom relief is sought ex parte is represented by Counsel, the certificate shall state the name, address, telephone and email address of such Counsel.

CRITICAL

Applies to

Pre trial motion

Must include

proposed order, certificate of service

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 required; 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 pre-trial hearing with or without evidence; and must contain a proposed order granting or denying 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 required; 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 pre-trial hearing with or without evidence; and must contain a proposed order granting or denying the motion in full or in part.

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 granting or denying relief, and contain a certificate that the parties conferred in good faith 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; ond Contain a ce1iificate that Movant and Respondent hav~ confen·ed with each other anJ in good faith attempted to resolve the matter.

CRITICAL

Applies to

Fee voucher

C.P.S. fee vouchers must itemize travel time with the travel date, distance, destination city, travel time excluding work at the destination, and a general reason for travel.

Travel time must be itemized to include the following: date of travel, distance traveled, destination (city) and, time spent traveling (not including time billed for work performed at destination) reason for travel (general).

CRITICALCriminal cases

Applies to

Magistration proceedings record

A record of magistration proceedings must be made and preserved.

A record will be made of these proceedings and shall be preserved as required by C.C.P Article 15.17 Subsection (f).

CRITICAL

Applies to

Electronically transmitted document

Each electronically transmitted filing must comply with the Texas Rules of Civil Procedure, be individually signed, and include the signer's specified identification and contact information.

Every document electronically transmitted for filing shall conform to the requirements for filing established by the Texas Rules of Civi I Procedure, i.e., shall be on paper measuring approximately 8- I/2 x 1 I inches, shall be signed individually by the party or the party's anomey 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.

CRITICALCivil cases

Applies to

Reporter record

An index accompanying designated exhibits in the reporter’s record must briefly describe each exhibit.

Any exhibits designated by the parties for inclusion in the reporter’s record shall be arranged in numerical order and firmly bound together so far as practicable together with an index consisting of a brief description identifying each exhibit.

CRITICAL

Applies to

Setting request

A non-jury setting request must estimate the hearing time, and the notice of setting sent to other parties must state that estimate.

Each request for a non-jury setting shall include an estimate of the hearing time required for the matter being set, and the notice of such setting that the party requesting the setting gives to other parties shall state said time estimate.

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 bt: 1iled: I. discovery requests, depositions notices, and subpoenas required to be served on nonparties; motions and responses to motions pertaining to discovery matters; and 2. agreements concerning discovery matters, to the extent necessary to comply with Texas Rule of Civil Procedure 1!.