Galveston County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Financial information statement submission

In the specified cases, parties must file a Financial Information Statement and two recent pay stubs before a trial or hearing where financial or support matters are at issue.

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 tile with the Clerk and all counsel and pr<· se parties prior to any trial or hearing in which support, finances, :Htorney's fees or the payment of any sort of exp.:nse is at issue, a Financial information Statement and the two most n:cent pay stubs from all c m·ent employers.

CRITICALCriminal cases

Applies to

Sworn annual certification

Except for MMHPDO-employed or criminal-law-board-certified attorneys, attorneys must file a sworn annual certification of the required ten hours with the Office of District Court Administration.

Except those attorneys employed by the MMHPDO or Board certified in criminal law by the Texas Board of Legal Specialization, attorneys shall certify completion of the required ten (10) hours to the Indigent Defense Coordinator on the date of original application and on or before the 1s' day of December thereafter by filing a sworn annual certification form with the Office of District Court Administration. {Form #GC-7}

CRITICAL

Applies to

Trial setting request

A trial-setting request must be written and represent that the case will be ready for trial.

Cases will be set for trial by the court upon written request and representation of any Counsel that the case will be ready for trial.

CRITICALCriminal cases

Applies to

Court appointment application

An attorney must submit a completed application to the Indigent Defense Services Coordinator to be considered for court appointments.

An attorney must submit a completed application to the Indigent Defense Services Coordinator to be considered for court appointments.

CRITICAL

Applies to

Pretrial conference

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

Counsel and pro se p:mies must appear unless they ccrti1)•, in writing, that all pretrial requirements have been met.

CRITICAL

Applies to

Waiver motion

A party seeking a waiver based on recent seminar attendance must file proof of prior attendance in the pending action.

A party who has recently attended the parenting seminar may move the court for a waiver of the requirerut:nt to attend the seminar as long as proof of the prior attendance is filed with the court in the pending action.

CRITICAL

Applies to

Fee voucher

Fee vouchers must specify or itemize the time spent and provide a detailed description of each representation task.

Fee Vouchers 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.

CRITICAL

Applies to

Appointment application

Attorneys seeking appointments in County Court criminal cases must file the necessary documents specified in the Galveston County Indigent Defense Plan.

Appointments- Attorneys wishing to receive appointments for criminal cases in the County Courts shall file any necessary documents as set forth in the Galveston County Indigent Defense Plan.

CRITICAL

Applies to

Application to probate will as muniment of title

Must include

proposed order

The filing with the County Clerk's Office must include the application, original will, proposed order, proof of death, Merp Form, and copy of the death certificate.

Needed documents to be file with the County Clerk's Office: 1. Application to Probate Will as Muniment of Title 2. Original Will 3. Order Probating Will as Muniment of Title (for the Judge to sign) 4. Proof of Death 5. Merp Form 6. Copy of Death Certificate

CRITICALCivil cases

Applies to

Invoice

Invoices must include all time spent on the file, including time not charged, and mark uncharged time “NO CHARGE” or “N/C.”

4. Include all Time. Include all the time you have spent on the file, even that time for which you are not charging, and indicate such fact with the following notations: "NO CHARGE" or "N/C."

CRITICAL

Applies to

Proof of parenting seminar

In cases involving a child's conservatorship, rights, duties, or possession, parties must attend the specified parenting seminar or its equivalent at their own expense, file proof with the court, and send a copy to the opposing party before 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 nle prooftht!noofwith the couii and send a copy to the opposing party prior to the first mediation session.

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 prose party at least seven days before the start of final trial a detailed request for relief which sets forth in brief, summary form the affinnative relief each party is requesting.

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 pro se party at least seven days before the start of final trial a proposed property division.

CRITICALCivil cases

Applies to

Probate case

Must include

case number

Each probate case must be assigned a probate cause number.

It is ORDERED that a l l probate cases are to be given a probate cause number.

CRITICAL

Applies to

Response

Responses must be written and filed at least two working days before the submission date, unless the Court grants leave.

Responses shall be in writing, and shall be filed at least two working days before the date of submission except on leave of the Court.

CRITICAL

A motion to withdraw may be granted without a hearing only if it includes all required attorney consents, the client’s consent or a specific explanation for its absence, and a certificate stating the client’s last known mailing address.

A motion to withdraw as attorney of record will be granted without a hearing only if the moving attorney: (1) files written consents to the withdrawal signed by attorneys for all parties; and (2) files a written consent to the withdrawal signed by the client, or includes in the motion a specific statement of the circumstances that prevent the moving attorney from obtaining the client's written consent; and (3) files a certificate stating the last known mailing address ofthe client.

CRITICAL

Applies to

Recusal referral order

If the Presiding Judge declines to recuse, the Presiding Judge shall be subject to Texas Rules of Civil Procedures 18a and the Rules of the Second Administrative Judicial Region of Texas and must sign an order referring the case to the Presiding Judge of the Local Region. The Presiding Judge shall forward the order, along with the motion and all opposing and concurring statements to the Presiding Judge of the Local Region..

If the Presiding Judge declines to recuse, the Presiding Judge shall be subject to Texas Rules of Civil Procedures 18a and the Rules of the Second Administrative Judicial Region of Texas and must sign an order referring the case to the Presiding Judge of the Local Region. The Presiding Judge shall forward the order, along with the motion and all opposing and concurring statements to the Presiding Judge of the Local Region..

CRITICAL

Applies to

Docket control order

The Court requires docket control orders, and parties are expected to submit an agreed order with 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

Ex parte protective order

Unless otherwise provided by law, an ex parte protective order may be granted only when presented by an attorney 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.

WARNING

Applies to

Acceptance confirmation

The acceptance confirmation must include a file-marked copy of the document's front page showing the Clerk's filing date and time.

This confirmation will include an electronically "file-marked" copy of the front page of the document showing the date and time the Clerk considers the document to have been filed.

WARNING

Applies to

Motion for parenting seminar waiver

A party who recently attended the parenting seminar may move for a waiver, provided proof of prior attendance is filed in the pending action.

A party who has recently attended the parenting seminar may move the court for a waiver of the requirement to attend the seminar as long as proof of the prior attendance is filed with the court in the pending action.

WARNINGCivil cases

Applies to

Supplemental appendix

The appellate court may direct a party to file a supplemental appendix containing a written transcription of additional portions of the recorded reporter’s record.

The appellate court may direct a party to file a supplemental appendix containing a written transcription of additional portions of the recorded reporter’s record.

WARNING

Applies to

Attorney ad litem list

The attorney ad litem list must include attorneys who meet the applicable requirements and have registered to serve with a court whose judge maintains the list.

The list of attorneys ad litem maintained W1der Subsection (a)(ll) must contain the names of all attorneys who: (1) meet any statutory or other requirements to serve as an attorney ad litem; and (2) have registered to serve as attorney ad litem with a court for which the judge maintaining the list serves as local administrative judge.

WARNINGCriminal cases

Applies to

Request for counsel

A defendant requesting counsel before the initial appearance may obtain the required forms from the listed websites or clerks and submit them to the Office of District Court Administration.

If a defendant wishes to request counsel prior to the initial appearance, the forms required to request counsel may be obtained at the Texas Indigent Defense Commission's website at http://tide.tamu,edu/public.net, the County of Galveston website: at https://www.galvestoncountytx.gov/our-county/district-court-administration-office/indigent- defense {Form GC-15} or from the District or County Clerks of Galveston County. The defendant may submit these forms to the Office of District Court Administration at 600 - 59th Street, Galveston, Texas 77551.

WARNING

Applies to

Ex parte order

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:

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:

WARNINGCivil cases

Applies to

Regular bill

Non-legal work should appear on regular legal bills without a dollar extension and with the notation “PRC” for “Personal Representative Compensation.”

The non-legal work should be reflected on the regular bills for legal work, without a dollar extension, and with the notation "PRC" for "Personal Representative Compensation."

WARNING

Applies to

Vacation designation letter

Counsel may automatically designate a vacation of up to four weeks by filing a letter addressed to the County Clerk 30 days in advance.

Counsel who desires to assure himself a vacation for a period not to exceed four weeks may do so automatically by designating the four weeks, in a letter, addressed to and filed with the County Clerk, thirty days in advance.

WARNING

Applies to

Ancillary matter

The style of every ancillary matter must include the names of the initiating party, the opposing party, and the estate.

The style on all ancillary matters shall include the names of the party bringing the action and the opposing party, as well as the name of the estate.

WARNINGCivil cases

Applies to

Attorney fee application

Applications for attorney's fees should give a detailed account of the legal services he or she rendered to the probate or guardianship estate.

Applications for attorney's fees should give a detailed account of the legal services he or she rendered to the probate or guardianship estate.

WARNING

Applies to

Financial information statement submission

Counsel are responsible for the accuracy and timeliness of the Financial Information Statement and supporting pay stubs.

Counsel arc responsible for accuracy and timeliness.

WARNING

Applies to

Motion to withdraw and substitute

When a substitution motion includes another attorney’s appearance under Rules 10 and 57, that appearance satisfies the client-consent and client-address requirements but not the requirement for written consents from attorneys for all parties.

If a motion to withdraw and to substitute another attorney includes an appearance by another attorney pursuant to Rule 10 and Rule 57, Tex. R. Civ. P., that appearance will satisfy the requirements of subparagraphs (2) and (3) above, but such an appearance will not satisfy the requirement that the movant must file written consents to the withdrawal signed by attorneys for all parties.

WARNING

Applies to

Telephone or zoom hearing request

A party may request a telephone or Zoom hearing for a short, uncontested matter requiring no evidence; the request must be in writing, explain why the exception is warranted, and give notice to all other parties.

Any party may request that a short uncontested hearing, not requiring the introduction of evidence, be conducted by telephone conference call or by zoom. The requesting party shall make the request to the Court in writing with an explanation to the Court why such an exception should be made, noticing all other parties.

WARNING

Applies to

Motion

The Court may waive or reduce the fee for the specified parenting seminar upon a proper motion accompanied by a Financial Information Statement.

Information on registration for such programs is available at the Galveston County Law Library. . A Court may, upon proper motion accompanied by a Financial Information Statement, waive or reduce the fee for the parenting seminar sponsored by the Mediation Board of Galveston County.

WARNING

Applies to

Financial information statement

The filer should attach additional pages if needed to complete the financial information statement.

Attach additional pages ff needed.

WARNING

Applies to

Electronically filed document

A digital signature on an electronically filed document counts as the filer's signature authorizing payment of the document filing fees.

A digital signature on an electronically-filed document is deemed to constitute a signature by the tiler tor the purpose of authorizing the payment of document tiling fees.

WARNING

Applies to

Vacation notice

An attorney may designate up to four weeks of vacation by written notice mailed or delivered to the listed clerks and courts 30 days in advance; an existing setting requires a continuance motion and ruling, and the Court need not grant a continuance for a previously agreed jury setting.

Each Attorney who desires to assure himself a vacation for a period not to exceed four weeks may do so automatically by designating the four weeks, in writing, addressed and mailed or delivered to the District Clerk, the County Clerk, and each court in which counsel practices thirty days in advance, except that in the event an attorney already has a setting at the time the vacation notice is filed, there is no automatic assurance, and a motion for continuance needs to be filed and a ruling obtained. If the attorney who files a vacation letter has previously agreed to a jury trial setting that is during the time period covered by the vacation notice, the Court is not required to grant a continuance.

WARNINGCivil cases

Applies to

Physician certificate of medical examination

If the physician has relevant additional information or concerns not covered by the form, they should explain them on an additional page.

11. Additional Information of Benefit to the Court: If you have additional information concerning the Proposed Ward that you believe the Court should be aware of or other concerns about the Proposed Ward that are not included above, please explain on an additional page.

WARNING

Applies to

Discovery materials

The court may order discovery materials to be filed.

the court mny order discovery materiu!s to be filed;

WARNING

Applies to

Attorney ad litem list application

Applicants should use the form approved by the Local Administrative Judges and available through the Office of Justice Administration of Galveston County to apply for inclusion on the Ad Litem list.

Application for inclusion to the Galveston County Ad Litem list should be made on !he fonn approved by the Local Administrative Judges IUld availoble through !he Office of Justice Administration of Galveston County.

WARNING

Applies to

Listed discovery materials

A. Discovery materials not to be filed. The following discovery materials must not be filed with the Clerk except on special order, 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; 4. statements prepared in compliance with Texas Rule of Civil Procedure 193.3 (b) or (d), and; 5. certificates of written discovery.

A. Discovery materials not to be filed. The following discovery materials must not be filed with the Clerk except on special order, 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; 4. statements prepared in compliance with Texas Rule of Civil Procedure 193.3 (b) or (d), and; 5. certificates of written discovery.

WARNING

Applies to

Vacation notice

An attorney seeking an automatic vacation of up to four weeks may designate the period in a written notice sent to the specified clerks and courts 30 days in advance.

Each Attorney who desires to assure himself a vacation for a period not to exceed four weeks may do so automatically by designating the four weeks, in writing, addressed and mailed or delivered to the District Clerk, the County Clerk, and each court in which counsel practices thirty days in advance,

WARNINGCivil cases

Applies to

Annual or final account

Should the attorney believe that the statutory compensation formula as applied to a particular estate or guardianship is unreasonable low (see Estates Code §352 et. seq. and §1155 et. seq.), then he or she should submit, with the annual or final account, the total personal representative compensation time reported or contemporaneous time records of the fiduciary services for which additional hourly compensation is requested above the statutory fee.

Should the attorney believe that the statutory compensation formula as applied to a particular estate or guardianship is unreasonable low (see Estates Code §352 et. seq. and §1155 et. seq.), then he or she should submit, with the annual or final account, the total personal representative compensation time reported or contemporaneous time records of the fiduciary services for which additional hourly compensation is requested above the statutory fee.

WARNING

Applies to

Sworn inventory and appraisement

The parties need not file inventories and appraisements if they file a written agreement completely settling property division and all custody and support matters.

C. In the event the parties tile a written agreement completely settling the property division of the pat1ies to such action and all custody and support matters, it shall not be necessary to file such inventories and appraisements.

WARNING

Applies to

Discovery control plan

Filing a discovery control plan is stated as a purpose of the docket control conference.

filing of a discovery control plan

WARNING

Applies to

Inventory and appraisement

Parties need not file inventories and appraisements if they file a written agreement completely settling property division, custody, and support matters.

In the event the parties file a written agreement completely settling the property division of the parties to such action and all custody and support matters, it shall not be necessary to file such inventories and appraisements.

WARNING

Applies to

Proof of parenting seminar

The seminar is not required in termination or adoption cases, and a party who recently attended may seek a waiver by filing proof of prior attendance in the pending action.

The seminar is not required in a t!;!nnination case or a suit for adoption. A party who has recently attended the parenting seminar may move the court for a waiver of the requirement to attend the seminar as long as proof of the prior attendance is filed with the court in the pending action.

WARNING

Applies to

Motion or response

A party that considers oral argument necessary must include a request for it in the motion or response.

The motion or response shall include a request for oral argument if a party views it as necessary.

WARNINGCriminal cases

Applies to

Complaint response

An attorney may respond to a complaint with a written, signed response, an in-person appearance, or both.

The attorney may respond to the complaint by providing a written, signed response to the Board, by appearing in person at the Board meeting to address the Board, or both.

WARNING

Applies to

Financial information statement

The financial information statement directs the filer to list non-retirement accounts or cash in the filer’s name or control.

Ready Cash Ust norHetlremant accounts or cash In your name or control.

WARNING

Applies to

Electronically filed document

Every electronically filed document must include the filer's e-mail address.

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.