Galveston County Courts at Law Filing Timing and Cure Windows

WARNING

The clerk verifies completeness and payment authorization, records the authorization code, then deems the documents accepted and affixes the official date-and-time file stamp.

The clerk, upor1 receipt of an electronically transmitted document, shall verify the completeness of the transmission. J. The clerk, when satisfied that the transmission is complete, shall confirm the charge authorization or escrow account debit a~d note the authorization code on the cost receipt. Thereafter, the documents tendered electronically shall be deemed accepted for filing and the clerk shall affix the clerk's official date and time file stamp to the document.

WARNING

Filers may transmit documents through an EFSP to Texas.gov at any time, except during brief state-approved maintenance periods, usually early Sunday morning.

A filer may electronically transmit a document through an EFSP to Texas.gov 24 hours per day each and every day of the year, except during brief periods of state-approved scheduled maintenance which will usually occur in the early hours of Sunday morning.

WARNING

On the day a document is rejected, the Clerk and Texas.gov must transmit the rejection and its reason through the EFSP to the filer.

If the document is not accepted for filing, the Clerk shall inform Texas.gov of its action, and the reason for such action, the same day action is taken. Texas.gov shall, on that same day, electronically transmit to the filer's EFSP an ''alert" that the document was not accepted along ·with the reason the document \Vas not accepted. The EFSP will electronically transmit the ale1i to the filer.

INFO

After filing an electronically transmitted document, the clerk will send the sender an electronic acknowledgment and any cost receipt.

After filing an electronically transmitted document the clerk will electronically transmit to the sender an acknowledgment of the filing, together with cost receipt, if any.

CRITICAL

Deadline

2 working days

Responses must be 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

All deadlines in a Docket Control Order must be strictly followed and will be enforced by the Court.

All deadlines in Docket Control Order shall be strictly adhered to and enforced by the Court.

CRITICALCivil cases

A guardianship application may be granted based on a qualifying intellectual-disability determination only if the examination or written update or endorsement occurred within 24 months before the hearing.

Note to attorneys: If the above box is filled out because a determination of intellectual disability has been made in accordance with rules of the executive commissioner of the Health and Human Services Commission governing examinations of that kind, a Court may grant a guardianship application if (1} the examination is made not earlier than 24 months before the date of the hearing or (2} a prior determination of an intellectual disability was updated or endorsed in writing not earlier than 24 months before the hearing date.

CRITICAL

Pretrial motions, including motions in limine, must be filed by any set deadline; the Court may grant an extension for good cause shown.

Ail pre-trial motions, including motions in limine, must be filed by the set deadline, if any, unless an extension of time is granted by the Court for good cause shown.

CRITICAL

Electronic filing does not change any filing deadline.

The electronic filing of a document does not alter any filing deadlines.

CRITICAL

A vacation notice seeking automatic assurance must be sent 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,

CRITICALCivil cases

The court recorder must file the original log and exhibits with the clerk after the proceeding ends.

Filing with the clerk the original log and exhibits after a proceeding ends,

CRITICAL

Pretrial motions, including motions in limine, must be filed by any set deadline unless the Court grants an extension for good cause.

All pre-trial motions, including motions in limine, must be filed by the set deadline, if any, unless an extension of time is granted by the Court for good cause shown.

CRITICALCriminal cases

Except for the stated categories of attorneys, the certification is due on the original application date and on or before December 1 thereafter.

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

Final orders and decrees must be entered within 30 days after the hearing, at 8:30 a.m., unless the Court grants an extension.

Entry date for all final orders and decrees is no later than 30 days post hearing at 8:30a.m. unless granted an extension by the Court.

CRITICAL

Proof of parenting-seminar attendance must be filed with the court 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 file proof thereof with the court and send a copy to the opposing party prior to the first mediation session.

CRITICAL

When a timely request for a de novo hearing is filed, no entry date may be set and no order may be submitted until the request is resolved.

If a timely request for de novo hearing of the associate judge's ruling is filed, there shall be no entry date and no order shall be submitted to the court until after the request for de novo hearing is resolved.

CRITICAL

All pre-trial motions, including motions in limine, must be filed by any set deadline unless the Court grants an extension for good cause shown.

C. All pre-trial motions, including motions in limine, must be filed by the set deadline, if any, unless an extension of time is granted by the Court for good cause shown.

CRITICAL

Applies to

Amended pleading

When an order requires amended pleadings, they must be filed within 20 days after the order is signed unless the order sets a different deadline.

If an order sustains a special exception, grants leave to file amended pleadings, or otherwise requires that pleadings be amended, the amended pleadings must be filed within 20 days after the date that the order was signed, unless the order specifies a different deadline.

CRITICAL

Deadline

2 working days

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

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

CRITICALCivil cases

If a physician's diagnosis of intellectual disability is not made in accordance with rules of the executive commissioner - and the above box is not filled out - the court may grant a guardianship application only if the Physician's Certificate of Medical Examination is based on an examination the physician performed within 120 days of the date the application for guardianship was filed.

If a physician's diagnosis of intellectual disability is not made in accordance with rules of the executive commissioner - and the above box is not filled out - the court may grant a guardianship application only if the Physician's Certificate of Medical Examination is based on an examination the physician performed within 120 days of the date the application for guardianship was filed.

CRITICALCivil cases

The court recorder must deliver an appropriately labeled certified copy of the proceeding’s recording to the court within ten days for storage.

within ten days, delivering to the court a certified copy of the recording of the proceeding that is appropriately labeled as required herein, to be stored at the court;

CRITICAL

Attorneys may submit a fee voucher or claim after filing the appellate brief, but must submit it no later than 10 days after the mandate issues.

Attorneys may submit a vouchers or claims for payment of attorney's fees and expenses after the brief has been filed in the court of appeals, but, shall in no event submit a claim form later than ten (10) days after the appellate court issues the mandate.

CRITICALCriminal cases

Appeals - Attorneys may submit a claim form after the appeal brief has been filed by the court of appeals, but, shall in no event submit a claim form later than ten (10) days after the appellate court issues the mandate.

Appeals - Attorneys may submit a claim form after the appeal brief has been filed by the court of appeals, but, shall in no event submit a claim form later than ten (10) days after the appellate court issues the mandate.

CRITICALCriminal cases

The annual practice statement is due by October 15 each year.

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.

CRITICALCriminal cases

Submit the attorney fee claim no later than ten days after disposition by modification of probation or dismissal.

Not later than ten (10) days after disposition of a case by modification of probation, or dismissal;

CRITICAL

A written motion to retain must be filed before the 30-day period after the District Clerk mails the dismissal notice expires, or the case shall be dismissed for want of prosecution.

Unless a written motion to retain has been filed prior to the expiration of thirty days after the mailing by the District Clerk of the notice of intention to dismiss such case shall be dismissed for want of prosecution.

CRITICAL

Temporary orders must be filed with the Clerk within 21 days after the hearing or the case may be dismissed.

All temporary orders shall be filed with the Clerk of the Court within twenty one (21) days of the hearing or the case shall be subject to dismissal.

CRITICALCriminal cases

Submit the attorney fee claim within ten days after disposition by plea, unless the plea was set on the docket in advance, in which case it is due at the plea.

Not later than ten (10) days after disposition of a case by plea, except in those cases where a plea is set on the docket with advance notice. In cases where a plea has been set on the docket in advance of the plea, the claim form for attorney fees is due at the time of plea;

CRITICAL

Temporary orders must be filed with the Clerk within 21 days of the hearing or the case may be dismissed.

D. All temporary orders shall be filed with the Clerk of the Court within twenty one (21) days of the hearing or the case shall be subject to dismissal.

CRITICAL

Three days are added to the prescribed period for an act due after electronic service.

Whenever a party has the right or is required to do ·some act within a prescribed period of time after service of a document upon the party and that document is electronically served, then three days shall be added to the prescribed period of time.

CRITICALCivil cases

For the specified muniment-of-title applications, the completed MERP 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

Deadline

2 working days

Responses must be written and filed at least two working days before the hearing or submission unless the Court grants leave; failure to respond may be treated as no opposition.

Responses shall be in writing, and shall be filed at least two working days before the date of hearing or submission except on leave of the Court. Failure to file a response may be considered a representation of no opposition.

CRITICAL

Counsel must file a written response within 7 days after receiving the trial-setting request.

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

CRITICALCriminal cases

After a jury verdict is received and accepted, submit the claim within ten days, or, if a new-trial motion is timely filed and denied or overruled, by the next working day after it is ruled upon.

Not later than ten (10) days of the date a verdict in a jury trial is received and accepted by the Court, or; if a motion for new trial is timely filed, no later than the next working day after the motion for new trial is ruled upon, if denied or overruled.

CRITICAL

The inventory and appraisement must be filed by the later deadline stated in the docket-control order or another court order.

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.

CRITICAL

Discovery requests must be filed early enough to allow the opposing party the response time provided by the Texas Rules of Civil Procedure, or a motion for extension must be filed and heard.

The deadline for discovery completion means that discovery request shall be filed early enough for the opposing party to have the response time allowed by the Texas Rule of Civil Procedure or a motion for extension of time shall be filed and a hearing held.

CRITICAL

Temporary orders must be filed with the Clerk within 21 days of rendition unless the Court directs otherwise; otherwise, the case may be subject to dismissal.

All temporary orders shall be filed with the Clerk of the Court within twenty one (21) days from the rendition unless otherwise directed by the Court or the case shall be subject to dismissal.

CRITICAL

When a document is electronically served, three days are added to the period for an act due after service.

Whenever a party bas the right or is required to do some act within a prescribed period of time after service cif a document upon the party and that document is electronically served, then three days shall be added to the prescribed period of time.

CRITICAL

Temporary orders must be filed within 21 days after rendition unless the Court directs otherwise; otherwise, the case may be subject to dismissal.

All temporary orders shall be filed with the Clerk of the Court within twenty one (21) days from the rendition unless otherwise directed by the Court or the case shall be subject to dismissal.

CRITICAL

Deadline

2 working days

A response must be filed at least two working days before submission unless the Court grants leave; failure to file may be considered a representation of no opposition.

Responses shall be in writing, and shall be filed at least two working days before the dale or submission except on leave of the Court. Failure to file a response may be considered a representation of no opposition

CRITICAL

If a timely request for a de novo hearing is filed, no entry date is set and no order may be submitted until the request is resolved.

If a timely request for de novo hearing of the Associate Judge's ruling is filed, there shall be no entry date and no order shall be submitted to the court until after the request for de novo hearing is disposed of.

CRITICAL

The sworn inventory and appraisement must be filed by the later deadline in the docket control order or another court order.

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.

CRITICAL

If a timely request for a de novo hearing is filed, no entry date may be set and no order may be submitted until the request is resolved.

If a timely request for de novo hearing of the associate judge's ruling is filed, there shall be no entry date and no order shall be subrnit1ed to the court until after the request for de novo hearing is resolved.

CRITICAL

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.

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.

CRITICAL

All discovery must be finished by the discovery-completion deadline.

Completion" means that all discovery shall be finished by that date.

CRITICAL

In courts that decide motions by submission, the motion must state a submission date at least 10 days after filing unless the Court grants leave.

In those Courts which decide motions by submission, motions shall state a date of submission, which shall be at least I 0 days from tiling, except on leave of Court.

CRITICALCriminal cases

An untimely attorney fee voucher is treated as waived, the services as pro bono, and the fee request as denied.

Vouchers for indigent attorney fees not timely submitted will be considered waived, the services performed Pro Bono, and the request for attorney's fees denied.

CRITICAL

Final orders and decrees must be entered no later than 30 days after the hearing at 8:30 a.m., unless the Court grants an extension.

Entry date for all final orders and decrees is no later than 30 days post hearing at 8:30 a.m. unless granted an extension by the Court.

CRITICAL

Submission is at each Court’s discretion; where motions are decided by submission, the motion must state a submission date at least ten days after filing unless the Court grants leave, and submission for ruling occurs on that date or later.

Acceptance of motions by submission are at the discretion of each Court. In those Courts which decide motions by submission, motions shall state a date of submission, which shall be at least 10 days from filing, except on leave of Court. The motion will be submitted to the Court for ruling on that date or later.

CRITICAL

Each party must file a sworn inventory and appraisement by the later deadline set in the docket control order or another court order.

A. Each party shall tile a sworn inventory and appraisement by the later deadline set out in the docket control l'rder or other order of the court.