Galveston County District Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance motion by the State or defendant must comply with the Code of Criminal Procedure and be presented to and considered by the Court by the Friday before trial unless the parties agree and the Court approves.
- The Court will not consider a continuance motion on the scheduled trial date absent good cause shown and compliance with the applicable rules.
- An attorney or party that failed to notify the court of a known scheduling conflict when the case was set may not later seek a continuance on the basis of that conflict.
- +7 more
Request must include
- A known ground for continuing a trial must be presented at least 14 days before the trial setting or at any pretrial conference, whichever occurs first, or the ground is waived.
- Any known ground for a continuance must be presented at least 14 days before the trial setting or at the pretrial conference, whichever occurs first, or it is waived.
Communication
Document Format Requirements21 rules
The appendix and transcription must comply with the specified appellate-record formatting authorities and manuals.
The form of the appendix and transcription shall conform to any specifications of the Supreme Court and/or the Court of Criminal Appeals and comply with the Order Directing the Form of the Appellate Record and the Uniform Format Manual for Texas Reporters' Records.
The appendix and transcript form must comply with the specified appellate-record formatting authorities and manuals.
The form of the appendix and transcrip tion shall conform to any specifications of the Supreme Court and/ or the Court of Criminal Appeals and comply with the Order Directing the Form of the Appellate Record and the Uniform Format Manual for Texas Reporters' Records.
Any requested restraining-order language that departs from the standard form must be printed in bold at least 12-point type and 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.
Documents filed or served electronically must use a format designated as permissible by Texas.gov under JCIT standards.
Consistent with standards promulgated by the Judicial Committee on Information Technology (JCIT), Texas.gov will specify the permissible formats for documents that will be electronically filed and electronically served.
An agreement may be filed electronically only as a scanned image.
agreement) may be electronically filed only as a scanned image.
Texas.gov must transmit the document to the clerk and warn the EFSP if the document is improperly formatted.
Upon receiving a document from a filer's EFSP, Texas.gov shall electronically transmit the document to the Clerk. If the document was not properly formatted, Texas.gov will transmit a warning to the filer's EFSP.
Electronically filed documents must be computer-formatted under Texas.gov specifications and printable on 8.5-by-11-inch paper.
Electronically-filed documents must be computer-formatted as specified by Texas.gov. Electronically-filed documents must also be formatted for printing on 8 Vi- inch by 11-inch paper.
Every electronically transmitted filing must use approximately 8½-by-11-inch paper, bear the filing signature and required individual contact information, and have a clear, dark, legible original hard copy.
F. 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 8-1/2 x 11 inches, shall be signed individually by the party or the party's attorney of record, and shall contain that individual's State Bar of Texas identification number, if any, address, telephone number and telecopier number. The quality of the original hard copy shall be clear and dark enough to transmit legibly.
Electronically filed documents must be received as plain-paper facsimiles, laser-printed to archival quality, and may not be printed on thermal paper.
B. Documents electronically transmitted for filing will be received by the clerk on a plain paper facsimile and printed by a laser printer, thereby rendering the copy of archival quality. No document printed on thermal paper shall be filed.
Paper
Any deviation from the standard temporary restraining order language must be printed in bold at least 12-point type and brought to the court's attention.
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.
A document requiring opposing-party signatures, such as a Rule 11 agreement, may be filed electronically only as a scanned image.
(b) A document that requires the signatures of opposing parties (such as a Rule 11 agreement) may be electronically filed only as a scanned image.
A document requiring verification, notarization, acknowledgment, sworn status, or an oath may be filed electronically only as a scanned image.
(a) A document that is required to be verified, notarized, acknowledged, sworn to, or made under oath may be electronically filed only as a scanned image.
A digital signature satisfies legal signature requirements; the first-listed attorney in an initial pleading is the attorney in charge unless designated otherwise, and the first-listed attorney’s digital signature is attributed for specified purposes.
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 first in the signature block of the document for the purpose of Texas Rules of Civil Procedure 13 and 57.
The filer’s digital signature authorizes payment of document filing fees.
A digital signature on an electronically-filed document is deemed to constitute a signature by the filer for the purpose of authorizing the payment of document filing fees.
Each filer must use the confidential electronic identifier issued after registration, and such use constitutes a digital signature.
Upon completion of the initial registration procedures, each filer will be issued a confidential and unique electronic identifier. Each filer must use his or her identifier in order to electronically file documents. Use of the identifier to electronically file documents constitutes a "digital signature" on the particular document.
Electronically filed documents must be computer-formatted under Texas.gov specifications and formatted for printing on 8½-by-11-inch paper.
Electronically-filed documents must be computer-formatted as specified by Texas.gov. Electronically-filed documents must also be formatted for printing on 8 '72-inch by 11-inch paper.
Electronically transmitted documents must comply with Texas Rules of Civil Procedure filing requirements, including paper size, signature, and attorney or party contact information.
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.
Exhibits included in the reporter's record must be numerically arranged, firmly bound together so far as practicable, and accompanied by an index briefly identifying 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.
Exhibits included in the reporter's record must be numerically ordered, firmly bound where practicable, and accompanied by an index briefly identifying 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.
Electronically transmitted documents must be received as plain-paper facsimiles, and documents printed on thermal paper may not be filed.
Documents electronically transmitted for filing will be received by the clerk on a plain paper facsimile and printed by a laser printer, thereby rendering the copy of archival quality. No document printed on thermal paper shall be filed.
Paper
An electronically filed pleading is deemed compliant with Texas Rule of Civil Procedure 45.
An electronically-filed pleading is deemed to comply with TEX. R. CIV. P. 45.
Document Filing Requirements43 rules
Each party must file an appendix with its brief containing a written transcription of all portions of the recorded reporter's record and copies of all exhibits relevant to the issues raised.
Each party shall file with its brief an appendix containing a written transcription of all portions of the recorded reporter's record and a copy of all exhibits relevant to the issues raised on
Document Type
Brief
The reporter's record on appeal must be clearly labeled to reflect its numbered contents and certification as a clear and accurate copy of the complete original recording.
The reporter's record on appeal from any proceeding of which an electronic recording has been made shall be labeled to reflect clearly the numbered contents certified by the court recorder to be a clear and accurate copy of the original recording of the entire proceedings.
Document Type
Reporters Record
Each party must file an appendix with its brief containing a written transcription of all portions of the recorded reporter's record and copies of exhibits relevant to the issues raised on appeal.
Each party shall file with its brief an appendix containing a written transcripti on of all portions of the recorded reporter's record and a copy of all exhibits relevant to the issues raised on
Document Type
Appendix
When a party cannot afford the costs, the court recorder must prepare and file the transcription as that party's appendix together with all exhibits.
If a party is unable to afford costs, the court recorder must transcribe or have transcrib ed the recorded reporter' s record and file the transcription as that party's appendix, along with all exhibits.
Document Type
Appendix
CASA staff and volunteer advocates must produce specified records relating to the child within five business days of receipt.
IT IS HEREBY ORDERED that staff or volunteer advocates of Court Appointed Special Advocates ("CASA") SHALL produce within five business days of receipt all documents relating to the child or children for whom they are appointed to advocate for including but not limited to:
Document Type
CASA Records
Attorneys must submit an annual online report to the Texas Indigent Defense Commission by October 15 describing the percentage of practice time devoted to Galveston County adult criminal appointments during the preceding October 1–September 30 period; failure to submit may result in removal from the approved list without further notice.
Attorneys shall submit by October 15th 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. Attorneys shall submit the report through the online form to the Texas Indigent Defense Commission. The Board may remove from the list of Page 9 of 23 ===== PAGE 10 ===== approved attorneys, without further notice, any attorney who fails to submit the form by October 15 of each year as required herein.
Document Type
Annual Attorney Practice Time Report
Fee vouchers must specify or itemize representation time and provide a detailed description of each task performed.
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.
Document Type
Fee Voucher
Family-case fee vouchers may identify a minor child only by first name and last initial, and vouchers identifying the 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.
Document Type
Fee Voucher
A motion must be in writing and include a proposed order granting the requested relief, ordinarily as a separate instrument unless the entire motion, order, signature lines, and certificate of service fit on one page.
A. Form. Motions shall be in writing and shall be accompanied by a proposed order granting the relief sought. The proposed order shall be a separate instrument, unless the entire motion, order, signature lines and certificate of service are all on one page.
Document Type
Motion
An opposed motion or response must be in writing and accompanied by a separate proposed form order granting or denying the requested relief.
E. Form of motions and responses. Opposed motions and responses shall: 1. Be in writing; 2. Be accompanied by a separate form order granting or denying the relief, and;
Document Type
Opposed Motion Or Response
A motion must include a certificate that the movant and respondent conferred and attempted in good faith to resolve the matter; absent a compliant certificate, the court ordinarily will not schedule a hearing or submission date.
F. 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 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.
Document Type
Motion
Discovery requests, deposition notices, and subpoenas served on nonparties, discovery motions and responses, and certain discovery agreements must 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.
Document Type
Discovery Materials
Each party must prepare and present written jury charge questions and instructions for all affirmative-burden issues before or at jury selection.
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.
Document Type
Jury Charge Questions And Instructions
Each family-law litigant must complete a Case Information Statement providing the case nature, required preparation time, and other court-required information.
Each litigant shall complete a Case Information Statement from the District Clerk's Office which shall set the nature of the case, length of preparation time required, and other relevant data as found necessary by the court.
Document Type
Case Information Statement
In specified family-law cases, each party must provide the clerk, counsel, and pro se parties with a Financial Information Statement and the two most recent pay stubs from each current employer before the applicable trial or hearing.
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.
Document Type
Financial Information Statement
The attorney or party drafting a proposed order must provide it to the opposing party or counsel at least five business days before the entry hearing.
The party/counsel drafting the orders shall have the proposed orders to the opposing party/counsel at least five (5) business days prior to the entry hearing.
Document Type
Proposed Order
A pre-trial motion set for hearing must state the relief, pertinent facts, and supporting argument with authorities; include the required signatures, oath, certificate of service and consultation, 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 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.
Document Type
Pre Trial Motion
The sender must maintain the original document bearing an original signature as required by section 51.806 of the Texas Government Code.
G. The sender shall maintain the original of the document with original signature affixed as required by section 51.806, Texas Government Code.
Document Type
Electronically Transmitted Document
Every electronic transmission must include a cover sheet identifying the sender, transmitted documents, and page count, giving clear instructions, and supplying complete charge-authorization or escrow-debit information.
H. 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.
Document Type
Cover Sheet
Motions should be filed with the District Clerk, be in writing, and include a separate proposed order unless the entire motion, order, signature lines, and certificate of service fit on one page.
A. Form. Motions should be filed with the District Clerk's office, not the Court. 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.
Document Type
Motion
Opposed motions and responses must be written, include a separate form order granting or denying relief, and contain a certificate of the parties' good-faith conference.
E. Certificate of conference. Opposed motions and responses shall: 1 Be in writing. 2. Be accompanied by a separate form order granting or denying the relief; and 3. Contain a certificate that Movant and Respondent have conferred with each other and in good faith attempted to resolve the matter.
Document Type
Opposed Motion Or Response
A request for a docket control conference must include a certificate of the parties' good-faith effort to reach 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.
Document Type
Docket Control Conference Request
The Court requires docket control orders and expects the parties to submit an agreed order whose dates are 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.
Document Type
Docket Control Order
Discovery requests, deposition notices and subpoenas directed to nonparties, discovery motions and responses, and qualifying 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; 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.
Document Type
Discovery Materials
Each family-law litigant must obtain and complete a Case Information Statement from the District Clerk's Office identifying the case, required preparation time, and other court-required data.
1. Case Information Statement. Each litigant shall complete a Case Information Statement from the District Clerk's Office which shall set the nature of the case, length of preparation time required, and other relevant data as found necessary by the court.
Document Type
Case Information Statement
Ex parte orders setting hearings on temporary support or support modification must direct all parties to provide the Clerk, counsel, and pro se parties with a Financial Information Statement and two most recent pay stubs.
All parties to this action shallfile with the Clerk and deliver a copy to all counsel or pro se parties a Financial Information Statement (FIS), and two most recent pay stubs from all current employers.
Document Type
Ex Parte Order
A pretrial motion set for hearing must state the relief, pertinent facts, and supported argument; include specified signatures, verification, service-and-consultation information, hearing notice, and a proposed disposition 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.
Document Type
Pretrial Motion
Every electronically filed document must include an 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.
Document Type
Electronically Filed Document
The sender must maintain the original document with the original signature.
The sender shall maintain the original of the document with original signature affixed as required by section 51.806, Texas Government Code.
Document Type
Electronically Transmitted Document
The reporter's record must include an index with a brief description identifying each exhibit.
together with an index consisting of a brief description identifying each exhibit.
Document Type
Reporters Record
The appellate court may require 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 transcrip tion of additional portions of the recorded reporter' s record.
Document Type
Supplemental Appendix
An attorney must submit a completed application to the Indigent Defense Services Coordinator to be considered for court appointments.
Document Type
Application
An attorney seeking appointment for indigent criminal defendants 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.
Document Type
Attorney Appointment Application
An attorney on the approved appointment list may submit an application to the Indigent Defense Coordinator seeking re-evaluation for appointment to higher-grade offenses.
An attorney who is on the approved list for appointment of counsel for indigent defendants and believes is eligible to be appointed to higher grade offenses may submit an application to the Indigent Defense Coordinator seeking a re-evaluation of appointment.
Document Type
Appointment Re Evaluation Application
Unless an attorney is employed by the MMHPDO or board-certified in criminal law, the attorney must file Form GC-7 certifying completion of ten CLE hours with the Office of District Court Administration when submitting the original application and by 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 1st day of December thereafter by filing a sworn annual certification form with the Office of District Court Administration. {Form #GC-7}
Document Type
Sworn Annual Cle Certification Form
The attorney-fee claim must itemize services, dates, actual time, and requested payment, with time recorded in six-minute increments for entries under one hour or not exactly one hour.
The claim form shall specify and/or itemize the time spent on the representation with a detailed description of each item performed in representation of the indigent defendant. Time shall be detailed in increments of tenths (six-minute increments) for any entry that is less than one (1) hour and for any entry that does not equal exactly one (1) hour. The claim shall include the services performed, the dates of such performance, the actual time spent on each date and the amount requested for payment of attorney's fees and expenses.
Document Type
Attorney Fee Claim
Each attorney must submit a signed attorney-fee and expense claim using the approved GALVESTON COUNTY ATTORNEY FEE VOUCHER form.
Each attorney shall present a signed voucher or claim for attorney fees and expenses using the approved GALVESTON COUNTY ATTORNEY FEE VOUCHER form.
Document Type
Attorney Fee Claim
Time entries under one hour, and entries that are not exactly one hour, must be recorded in six-minute increments.
Time shall be detailed in increments of tenths (6 minute increments) for any entry that is less than 1 hour and for any entry that does not equal exactly 1 hour.
Document Type
Fee Voucher
Travel expenses other than 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.
Document Type
Fee Voucher
Travel-time entries must itemize the travel date, distance, destination city, travel time, and 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).
Document Type
Fee Voucher
A motion in a court that decides motions by submission must state the submission date in the motion.
B. Submission. 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.
Document Type
Motion
A motion's title must identify it as an opposed motion for the relief sought or use the stated unopposed or agreed designation.
3. Motions shall state in their title, "OPPOSED MOTION FOR..." or "UNOPPOSED" [or AGREED] MOTION FOR..."
Document Type
Motion
If a party considers oral argument necessary, its motion or response should request it, although the court may grant or deny the request or order argument sua sponte.
D. Oral argument. The motion or response shall include a request for oral argument if a party views it as necessary. The Court may grant that request or it may order oral argument on its own motion.
Document Type
Motion Or Response
Filing & Service rules
Electronic Filing Rules
A county court may require electronic filing and service in a particular case upon a party's motion and a showing of good cause.
(b) Upon the motion of a party and for good cause shown, a county court may order the parties in a particular case to electronically file and serve court documents that are permitted to be electronically filed under Rule 12.3.3.
Page 16 | Rule 12.1.3 Electronic Filing Optional Unless Ordered by Court
A filer must transmit documents through an EFSP to Texas.gov, which transmits them to the county clerk, and must maintain valid EFSP and Texas.gov accounts.
Filers do not electronically file documents directly with the county clerk. Rather, filers indirectly file a document with the county clerk by electronically transmitting the document to an electronic filing service provider (EFSP) which then electronically transmits the document to Texas.gov which then electronically transmits the document to the county clerk. A filer filing or serving a document must have a valid account with an EFSP and with Texas.gov
Page 19 | 12.4.1 Texas.gov
A filer must follow Texas.gov registration procedures before becoming registered to file electronically.
To become registered to electronically file documents, filers must follow registration procedures outlined by Texas.gov. The procedure can be accessed from Texas.gov's website at www.Texas.gov
Page 19 | 12.4.1 Texas.gov
The EFSP must forward the document, transmission time, and payment information to Texas.gov, which must acknowledge receipt with the document's receipt date and time.
Upon receipt of a filer's document, the filer's EFSP must send the document to Texas.gov in the required electronic file format along with an indication of the time the filer sent the document to the EFSP and the filer's payment information. Texas.gov will electronically transmit to the filer an "acknowledgment" that the document has been received by Texas.gov. The acknowledgment will note the date and time that the electronically-transmitted document was received by Texas.gov.
Page 20 | 12.4.3 Time Document is Filed
Each electronic filer must use the confidential electronic identifier issued through registration, and such use constitutes a digital signature.
Upon completion of the initial registration procedures, each filer will be issued a confidential and unique electronic identifier. Each filer must use his or her identifier in order to electronically file documents. Use of the identifier to electronically file documents constitutes a "digital signature" on the particular document.
Page 20 | 12.4.2 Signatures
Citations and writs bearing the court's official seal are prohibited from electronic transmission.
M. No citation or writ bearing the official seal of the court may be transmitted electronically.
Page 25
Electronic filing is permitted for court documents generally, except returns of service on issuances, bonds, and signed orders or judgments.
A. The clerk is authorized to accept for filing via electronic transmission any document which might be filed in a court action except: (a) returns of service on issuances; (b) bonds; (c) signed orders or judgments.
Page 25
Party-only discovery requests, deposition notices and subpoenas; discovery responses and objections; and produced documents and tangible things generally may not be filed absent a special court order, except when 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;
Page 31 | Rule 3.24 — Certain Discovery Not Filed with the Court, A
The listed discovery materials may not be filed with the District Clerk absent a special judicial order, except when filed with the original petition.
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.
Page 31 | Rule 3.24 — Certain Discovery Not Filed with the Court
Rule 193.3(b) or (d) statements and written-discovery certificates may not be filed absent a special court order, except when filed with the original petition.
4. statements prepared in compliance with Texas Rule of Civil Procedure 193.3 (b) or (d); and 5. certificates of written discovery.
Page 32 | Rule 3.24 — Certain Discovery Not Filed with the Court, A
A district court may require parties in a particular case to electronically file and serve documents if a party moves and good cause is shown.
Upon the motion of a party and for good cause shown, a district court may order the parties in a particular case to electronically file and serve court documents that are permitted to be electronically filed under Rule 3.3.
Page 42 | Rule 12 — Electronic Filing of Court Documents, 12.1.3 Electronic Filing Optional Unless Ordered by Court
Electronic filing and service of court documents are optional unless a court order requires them.
Except as provided by subsection (b) below, the electronic filing and serving of court documents is wholly optional.
Page 42 | Rule 12 — Electronic Filing of Court Documents, 12.1.3 Electronic Filing Optional Unless Ordered by Court
The local rules govern electronic filing and service of court documents in Galveston County by methods other than fax filing.
These rules govern the electronic filing and service of court documents, by any method other than fax filing, in Galveston County.
Page 42 | Rule 12 — Electronic Filing of Court Documents, 12.1.1 Purpose
Documents that may traditionally be filed with the district clerk generally may be filed electronically, except for the listed court-issued, subpoena, in camera discovery-discoverability, sealed, legally restricted, and Chapter 33 Family Code documents.
(a) A document that can be filed in a traditional manner with the district clerk may be electronically filed with the exception of the following documents: i) citations or writs bearing the seal of the court; ii) returns of citation; iii) bonds; iv) subpoenas; v) proof of service of subpoenas; vi) documents to be presented to a court in camera, solely for the purpose of obtaining a ruling on the discoverability of such documents; vii) documents sealed pursuant to TEX. R. CIV. P. 76a, and; viii) documents to which access is otherwise restricted by law or court order, including a document filed in a proceeding under Chapter 33, Family Code.
Page 44 | 12.3.3 Documents That May Be Electronically Filed
Electronic filings and services must be transmitted through the filer’s EFSP to Texas.gov and then to the clerk, and the filer must maintain valid EFSP and Texas.gov accounts.
Filers do not electronically file documents directly with the Clerk. Rather, filers indirectly file a document with the Clerk by electronically transmitting the document to an electronic filing service provider (EFSP) which then electronically transmits the document to Texas.gov which then electronically transmits the document to the Clerk. A filer filing or serving a document must have a valid account with an EFSP and with Texas.gov
Page 45 | Rule 12.4.1(c) — Texas.gov
Filers must complete the Texas.gov registration procedures to register for electronic filing.
To become registered to electronically file documents, filers must follow registration procedures outlined by Texas.gov.
Page 45 | Rule 12.4.1(b) — Texas.gov
Texas.gov must transmit the document to the clerk and warn the EFSP if the document is improperly formatted.
Upon receiving a document from a filer's EFSP, Texas.gov shall electronically transmit the document to the Clerk. If the document was not properly formatted, Texas.gov will transmit a warning to the filer's EFSP.
Page 46 | Rule 12.4.3(d) — Time Document is Filed
Electronically tendered documents will not be filed if fees are unpaid, charge information is incomplete, or the documents do not comply with applicable rules.
Documents tendered to the clerk electronically without payment of court costs and fees, or with incomplete information on the charge authorization or request, or which do not conform to applicable rules, will not be filed.
Page 51 | Electronic transmission of court documents
A citation or writ bearing the court's official seal may not be transmitted electronically.
No citation or writ bearing the official seal of the court may be transmitted electronically.
Page 51 | Electronic transmission of court documents
A document requiring verification, notarization, acknowledgment, sworn status, or an oath may be filed electronically only as a scanned image.
(a) A document that is required to be verified, notarized, acknowledged, sworn to, or made under oath may be electronically filed only as a scanned image.
Page 18 | 12.3.4 Documents Containing Signatures
The court may require a filer who submitted a scanned image to refile the document traditionally with the clerk.
Where a filer has electronically filed a scanned image under this rule, a court may require the filer to properly file the document in a traditional manner with the Clerk.
Page 19
Facsimile transmission of judicial assignments may be accepted if the original copies are retained by the Office of the Chief Justice or Administrative Judicial Region.
As of July 19, 1990, by order of the Supreme Court of Texas, facsimile transmission of judicial assignments may be accepted with original copies being retained by the Office of the Chief Justice or Administrative Judicial Region.
Page 25
Normally non-filed discovery materials may be filed by court order, in support of or opposition to a motion or for another court-proceeding use, or as necessary for an appellate proceeding.
C. Exceptions. Notwithstanding paragraph (A)- , 1. the court may order discovery materials to be filed; 2. a person may file discovery materials in support of or in opposition to a motion or for other use in a court proceeding; and 3. a person may file discovery materials necessary for a proceeding in an appellate court.
Page 32 | Rule 3.24 — Certain Discovery Not Filed with the Court, C
These rules govern filings with the District Clerk and do not govern filings made directly with a judge under Texas Rule of Civil Procedure 74.
These rules apply only to the filing of documents with the District Clerk. These rules do not apply to the filing of documents directly with a judge as contemplated by TEX. R. CIV. P. 74.
Page 44 | 12.3.2 Clerks
A motion to seal a document and any response to that motion may be filed electronically.
(b) A motion to have a document sealed, as well as any response to such a motion, may be electronically filed.
Page 44 | 12.3.3 Documents That May Be Electronically Filed
The clerk must verify that each electronically transmitted document is complete upon receipt.
The clerk, upon receipt of an electronically transmitted document, shall verify the completeness of the transmission.
Page 51 | Electronic transmission of court documents
Electronic filing and service of court documents are optional unless the court orders otherwise under subsection (b).
(a) Except as provided by subsection (b) below, the electronic filing and serving of court documents is wholly optional.
Page 16 | Rule 12.1.3 Electronic Filing Optional Unless Ordered by Court
The electronic-filing rules continue to apply when a covered case is assigned to an associate judge or similar judicial authority.
(b) These rules apply to the filing of documents in cases before the various county courts referred to in paragraph (a) above that are subsequently assigned to associate judges or any other similar judicial authorities.
Page 18 | 12.3.1 Scope
The electronic-filing rules govern filings with the county clerk and do not govern documents filed directly with a judge under Texas Rule of Civil Procedure 74.
These rules apply only to the filing of documents with the county clerk. These rules do not apply to the filing of documents directly with a judge as contemplated by TEX. R. CIV. P. 74.
Page 18 | 12.3.2 Clerks
The electronic-filing rules apply to document filings in all non-juvenile civil cases, including lower-court appeals, before Galveston County courts with jurisdiction.
(a) These rules apply to the filing of documents in all non-juvenile civil cases, including cases that are appeals from lower courts, before the various county courts with jurisdiction in Galveston County.
Page 18 | 12.3.1 Scope
A motion to seal a document and any response to that motion may be filed electronically.
(b) A motion to have a document sealed, as well as any response to such a motion, may be electronically filed.
Page 18 | 12.3.3 Documents That May Be Electronically Filed
Documents that may traditionally be filed with the county clerk generally may be filed electronically, subject to eight enumerated document-category exceptions.
(a) A document that can be filed in a traditional manner with the county clerk may be electronically filed with the exception of the following documents:
Page 18 | 12.3.3 Documents That May Be Electronically Filed
An attached affidavit or other qualifying paper may be scanned and filed electronically with the underlying document.
Any affidavit or other paper described in Rule 12.3.4(a) or (b) that is to be attached to an electronically-filed document may be scanned and electronically filed along with the underlying document.
Page 19
A digital signature on an electronically filed document satisfies applicable signature requirements under the Texas Rules of Civil Procedure or other law.
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.
Page 20 | 12.4.2 Signatures
A case file may contain both electronically filed and traditionally filed documents.
The Clerk's file for a particular case may contain a combination of electronically-filed documents and traditionally-filed documents.
Page 21 | 12.4.6 Official Document
The electronic-filing rules apply to documents filed in all non-juvenile civil cases, including lower-court appeals, before district courts with jurisdiction in Galveston County.
(a) These rules apply to the filing of documents in all non-juvenile civil cases, including cases that are appeals from lower courts, before the various district courts with jurisdiction in Galveston County.
Page 44 | 12.3.1 Scope
The electronic-filing rules continue to apply when a covered civil case is assigned to an associate judge or similar judicial authority.
(b) These rules apply to the filing of documents in cases before the various district courts referred to in paragraph (a) above that are subsequently assigned to associate judges or any other similar judicial authorities.
Page 44 | 12.3.1 Scope
The clerk may accept most court-action documents by electronic transmission, but not returns of service on issuances, bonds, or signed orders or judgments.
The clerk is authorized to accept for filing via electronic transmission any document which might be filed in a court action except: (a) returns of service on issuances; (b) bonds; (c) signed orders or judgments.
Page 51 | Electronic transmission of court documents
Filing Timing and Cure Windows
After a proceeding ends, the court recorder must file the original log and exhibits with the clerk and deliver a certified copy of the recording to the court within ten days.
c. Filing with the clerk the original log and exhibits after a proceeding ends, and 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;
Page 1 | 2. Duties of Court Recorders
The court recorder must file the reporter's record with the court of appeal within fifteen days after the appeal is perfected.
The court recorder shall file the reporter's record with the court of appeal within fifteen days after the perfection of an appeal.
Page 2 | 4. Time for Filing
The court recorder must file the reporter's record with the court of appeal within fifteen days after the appeal is perfected, without changing other deadlines in the Texas Rules of Appellate Procedure.
The court recorder shall file the reporter's record with the court of appeal within fifteen days after the perfection of an appeal. No other filing deadlines as set in the Texas Rules of Appellate Procedure are changed.
Page 2 | 4. Time for Filing
An attorney may submit an appellate fee voucher or claim after filing the brief, but no later than ten days after the appellate court issues its mandate.
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.
In courts deciding motions by submission, a motion must state a submission date at least 10 days after filing unless the court grants leave, and the court may rule on that date or later.
B. Submission. 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.
Page 5 | Rule 3.17 — Hearings on Pre-Trial, Motions, Exceptions and Pleas
A written response must be filed at least two working days before the hearing or submission date unless the court grants leave, and failure to respond may be treated as representing no opposition.
C. Response. 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.
Page 5 | Rule 3.17 — Hearings on Pre-Trial, Motions, Exceptions and Pleas
Temporary orders must be filed with the court clerk within 21 days after 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.
Page 10 | Rule 4.24 Temporary Orders
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.
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.
Page 13 | Rule 6.4 — Motions/Pre-Trial Hearings
An electronically transmitted document is deemed delivered and filed when sent to the filer's EFSP, subject to Rule 4.3(h).
Upon sending an electronically-transmitted document to a filer's EFSP, the filer is deemed to have delivered the document to the clerk and, subject to Rule 4.3(h), the document is deemed to be filed.
Page 20 | 12.4.3 Time Document is Filed
A document transmitted to the EFSP by its filing deadline remains timely if received by the clerk no more than ten days later, with the filer's transmission report providing prima facie evidence of the transmission date and time.
If a document is electronically transmitted to the filer's EFSP and is electronically transmitted on or before the last day for filing the same, the document, if received by the clerk not more than ten days tardily, shall be filed by the clerk and deemed filed in time. A transmission report by the filer to the filer's EFSP shall be prima facie evidence of date and time of transmission.
Page 20 | 12.4.3 Time Document is Filed
By the first business day after receiving a document from Texas.gov, the clerk must decide whether to accept it for filing and must accept it if it is not misdirected.
Not later than the first business day after receiving a document from Texas.gov, the Clerk shall decide whether the document will be accepted for filing. The Clerk shall accept the document for filing provided that the document is not misdirected
Page 20 | 12.4.3 Time Document is Filed
A document is deemed accepted and filed if the clerk fails to act within the applicable review period.
If the clerk fails to accept or reject a document within the time period, the document is deemed to have been accepted and filed.
Page 21 | 12.4.3 Filing electronically
Commencement documents transmitted electronically on Sunday are deemed filed the following Monday, except in the listed special proceedings.
Except in cases of injunction, attachment, garnishment, sequestration, or distress proceedings, documents that serve to commence a civil suit will not be deemed to have been filed on Sunday when the document is electronically transmitted to the filer's EFSP, Texas.gov, or the Clerk on Sunday. Such documents will be deemed to have been filed on the succeeding Monday.
Page 21 | 12.4.3 Filing electronically
The clerk records the filing date and time as the transmission time to the filer's EFSP, subject to subsection (h).
If the document is accepted for filing, the Clerk shall note the date and time of filing which, with the exception of subsection (h) below, shall be the date and time that the filer transmitted the document to the filer's EFSP.
Page 21 | 12.4.3 Filing electronically
Electronic filing does not change any applicable filing deadline.
The electronic filing of a document does not alter any filing deadlines.
Page 21 | 12.4.4 Filing Deadlines Not Altered
If a transmission is incomplete or required fees remain unpaid, the clerk must promptly notify the sender that it was not filed and state the reason.
K. If the transmission is found to be incomplete or court costs or fees, if required, are not paid, the clerk will notify the sender as soon as practicable that the transmission has not been filed and the reason.
Page 25
Electronic transmission alone is not filing; filing is complete only when the clerk affixes the official date-and-time stamp.
N. Electronic transmission of a document does not constitute filing. Filing is complete when the clerk's official date and time stamp is affixed to the document.
Page 25
After confirming a complete transmission and the related payment authorization, the clerk must treat the document as accepted for filing and affix the official date-and-time file stamp.
J. The clerk, when satisfied that the transmission is complete, shall confirm the charge authorization or escrow account debit and 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.
Page 25
The last page's receipt timestamp controls the receipt time, not the filing time: accepted weekday transmissions before 5:00 p.m. are filed that day, while later, weekend, or holiday transmissions are filed before 10:00 a.m. on the next business day.
O. Each page of any document received by the clerk will be automatically imprinted with the date and time of receipt. The date and time imprinted on the last page of a document will determine the time of receipt but not time of filing. Transmissions completed during a normal business day before 5:00 p.m. and accepted for filing will be filed the day of receipt. Transmissions completed after 5:00 p.m., on weekends or holidays will be verified and filed before 10:00 a.m. on the first business day following receipt of transmission. The sender is responsible for determining if there are any charges in normal business hours.
Page 25
An accepted electronically transmitted document becomes the original record for filing or evidentiary purposes when bearing the clerk's official date-and-time file stamp.
E. An electronically transmitted document accepted for filing will be recognized as the original record for file or for evidentiary purposes when it bears the clerk's official date and time file stamp.
Page 25
A written response 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.
Page 30 | Rule 3.17 — Hearings on Pre-Trial, Motions, Exceptions and Pleas
Temporary orders must be filed with the court within 21 days of rendition unless the court directs otherwise; otherwise, the case may be dismissed.
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.
Page 35 | Rule 4.24 — Temporary orders
An electronically transmitted document is deemed delivered and filed when sent to the filer’s EFSP, subject to Rule 12.4.3(h).
Upon sending an electronically-transmitted document to a filer's EFSP, the filer is deemed to have delivered the document to the clerk and, subject to Rule 12.4.3(h), the document is deemed to be filed.
Page 46 | Rule 12.4.3(b) — Time Document is Filed
The Clerk must report a filing rejection and its reason to Texas.gov the same day, which must then send the rejection alert to the filer that same day.
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 was not accepted.
Page 47 | 12.4.3 Filing by Electronic Means
Transmissions completed after 5:00 p.m., on weekends, or on holidays will be verified and filed before 10:00 a.m. on the first business day after receipt.
Transmissions completed after 5:00 p.m., on weekends or holidays will be verified and filed before 10:00 a.m. on the first business day following receipt of transmission.
Page 51 | Electronic transmission of court documents
A transmission completed on a normal business day before 5:00 p.m. and accepted for filing will be filed that day.
Transmissions completed during a normal business day before 5:00 p.m. and accepted for filing will be filed the day of receipt.
Page 51 | Electronic transmission of court documents
Once the transmission is complete and payment is confirmed, the documents are deemed accepted for filing and receive the clerk's official date and time stamp.
The clerk, when satisfied that the transmission is complete, shall confirm the charge authorization or escrow account debit and 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.
Page 51 | Electronic transmission of court documents
If a transmission is incomplete or required fees are unpaid, the clerk will notify the sender as soon as practicable that it was not filed and state the reason.
If the transmission is found to be incomplete or court costs or fees, if required, are not paid, the clerk will notify the sender as soon as practicable that the transmission has not been filed and the reason.
Page 51 | Electronic transmission of court documents
An electronically transmitted document becomes the original filing or evidentiary record when it bears the clerk's official date and time file stamp.
An electronically transmitted document accepted for filing will be recognized as the original record for file or for evidentiary purposes when it bears the clerk's official date and time file stamp.
Page 51 | Electronic transmission of court documents
Electronic transmission alone is not filing; filing is complete only when the clerk affixes the official date and time stamp.
Electronic transmission of a document does not constitute filing. Filing is complete when the clerk's official date and time stamp is affixed to the document.
Page 51 | Electronic transmission of court documents
Requesting oral argument does not satisfy the requirement to file a written response.
A request for an oral argument is not a response under Local Rule 3.17 (c).
Page 6 | Rule 3.17 — Hearings on Pre-Trial, Motions, Exceptions and Pleas
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.
E. 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.
Page 10 | Rule 4.24 Temporary Orders
The party responsible for drafting the temporary order must provide the draft to all opposing counsel and pro se parties at least five working days before the entry date.
The party directed to draft the order based on the Associate Judge's ruling shall provide a draft of the order to all opposing counsel and pro se parties at least five (5) working days before the entry date.
Page 10 | Rule 4.24 Temporary Orders
Electronic transmission through an EFSP to Texas.gov is available year-round, 24 hours a day, except during brief state-approved maintenance periods.
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.
Page 20 | 12.4.3 Time Document is Filed
Texas.gov must transmit a rejection alert and reason to the filer's EFSP on the same day.
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 was not accepted.
Page 21 | 12.4.3 Filing electronically
The clerk must notify Texas.gov of an acceptance decision on the same day the decision is made.
The Clerk shall inform Texas.gov of its action the same day action is taken.
Page 21 | 12.4.3 Filing electronically
Texas.gov must electronically transmit an acceptance confirmation to the filer's EFSP on the same day.
Texas.gov shall, on that same day, electronically transmit to the filer's EFSP a "confirmation" that the document has been accepted for filing by the district clerk.
Page 21 | 12.4.3 Filing electronically
The clerk must notify Texas.gov of a rejection and its reason on the same day the decision is made.
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.
Page 21 | 12.4.3 Filing electronically
Upon receiving an electronic transmission, the clerk must verify that the transmission is complete.
I. The clerk, upon receipt of an electronically transmitted document, shall verify the completeness of the transmission.
Page 25
Service and Proof of Service Rules
Upon a written or typed request, the probation department must electronically provide all service-provider progress reports.
9. Any and all progress reports from service providers shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;
Page 1 | STANDING ORDER REGARDING PRODUCTION OF PROBATION FILE DURING PENDENCY OF REVOCATION AND ADJUDICATION PROCEEDINGS
Upon a written or typed request, the Galveston County Probation Department must electronically provide all chronology documentation to the State and Defense Counsel.
1. Any and all Chronology documentation shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;
Page 1 | STANDING ORDER REGARDING PRODUCTION OF PROBATION FILE DURING PENDENCY OF REVOCATION AND ADJUDICATION PROCEEDINGS
Upon a written or typed request, the probation department must electronically provide all Monthly Report Forms signed by the defendant.
3. Any and all Monthly Report Forms signed by the Defendant shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;
Page 1 | STANDING ORDER REGARDING PRODUCTION OF PROBATION FILE DURING PENDENCY OF REVOCATION AND ADJUDICATION PROCEEDINGS
Upon a written or typed request, the probation department must electronically provide all laboratory reports and drug screens showing positive results for alcohol, drugs, controlled substances, or substituted urine samples.
10. Any and all laboratory reports and drug screens that show positive results for alcohol, drugs, controlled substances, or the use of substituted urine samples shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;
Page 1 | STANDING ORDER REGARDING PRODUCTION OF PROBATION FILE DURING PENDENCY OF REVOCATION AND ADJUDICATION PROCEEDINGS
Upon a written or typed request, the probation department must electronically provide all Community Supervision Case Status Reports.
5. Any and all Community Supervision Case Status Reports shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;
Page 1 | STANDING ORDER REGARDING PRODUCTION OF PROBATION FILE DURING PENDENCY OF REVOCATION AND ADJUDICATION PROCEEDINGS
Upon a written or typed request, the probation department must electronically provide the most recent available status reports concerning sanctions, counseling, reporting, payment, and community service history.
2. Most recent status reports available from Corrections Software regarding sanctions, counseling, reporting, payment and community service history shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;
Page 1 | STANDING ORDER REGARDING PRODUCTION OF PROBATION FILE DURING PENDENCY OF REVOCATION AND ADJUDICATION PROCEEDINGS
Upon a written or typed request, the probation department must electronically provide all financial studies and their worksheets.
6. Any and all Financial Studies, including worksheets shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;
Page 1 | STANDING ORDER REGARDING PRODUCTION OF PROBATION FILE DURING PENDENCY OF REVOCATION AND ADJUDICATION PROCEEDINGS
Upon a written or typed request, the probation department must electronically provide all alcohol-monitoring device reports.
7. Any and all alcohol monitoring (ignition interlock, SCRAM, sober link, etc.) device reports shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;
Page 1 | STANDING ORDER REGARDING PRODUCTION OF PROBATION FILE DURING PENDENCY OF REVOCATION AND ADJUDICATION PROCEEDINGS
Upon a written or typed request, the probation department must electronically provide all progress reports from out-of-county supervision.
8. Any and all progress reports from out-of-county supervision shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;
Page 1 | STANDING ORDER REGARDING PRODUCTION OF PROBATION FILE DURING PENDENCY OF REVOCATION AND ADJUDICATION PROCEEDINGS
Upon a written or typed request, the probation department must electronically provide all sign-in logs for reporting dates.
4. Any and all sign-in logs for reporting dates shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;
Page 1 | STANDING ORDER REGARDING PRODUCTION OF PROBATION FILE DURING PENDENCY OF REVOCATION AND ADJUDICATION PROCEEDINGS
Upon a written or typed request, the probation department must electronically provide all evaluations and risk assessments, including noted questionnaires and outside-agency evaluations.
11. Any and all evaluations/risk assessments (with the included questionnaire – where notes and details are written) and/or any evaluations given by outside agencies shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made;
Page 2 | STANDING ORDER REGARDING PRODUCTION OF PROBATION FILE DURING PENDENCY OF REVOCATION AND ADJUDICATION PROCEEDINGS
Upon a written or typed request, the probation department must electronically provide all medical documentation supplied to probation by the defendant.
12. Any medical documentation provided to probation by the Defendant shall be produced by the Galveston County Probation Department and made available to the State and Defense Counsel via electronic delivery when a written or typed request is made.
Page 2 | STANDING ORDER REGARDING PRODUCTION OF PROBATION FILE DURING PENDENCY OF REVOCATION AND ADJUDICATION PROCEEDINGS
Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all defendant-signed Monthly Report Forms to the state and defendant counsel.
Any and all Monthly Report Forms and signed by the defendant shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;
Page 1 | Standing Order Regarding Production of Probation File During Pendency of Revocation and Adjudication Proceedings
Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all Chronology documentation to the state and defendant counsel.
Any and all Chronology documentation shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;
Page 1 | Standing Order Regarding Production of Probation File During Pendency of Revocation and Adjudication Proceedings
Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all alcohol-monitoring device reports to the state and defendant counsel.
Any and all Alcohol Monitoring (Ignition Interlock, SCRAM, Sober link, etc.) device reports shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;
Page 1 | Standing Order Regarding Production of Probation File During Pendency of Revocation and Adjudication Proceedings
Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all Community Supervision Case Status Reports to the state and defendant counsel.
Any and all Community Supervision Case Status Reports shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;
Page 1 | Standing Order Regarding Production of Probation File During Pendency of Revocation and Adjudication Proceedings
Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all Financial Studies, including financial worksheets, to the state and defendant counsel.
Any and all Financial Studies, including financial worksheets shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;
Page 1 | Standing Order Regarding Production of Probation File During Pendency of Revocation and Adjudication Proceedings
Upon written or typed request, the Community Supervision and Corrections Department must electronically produce the most recent available Corrections Software Solutions status reports to the state and defendant counsel.
Most recent status reports available from Corrections Software Solutions regarding sanctions, counseling, reporting, payment and community service history shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;
Page 1 | Standing Order Regarding Production of Probation File During Pendency of Revocation and Adjudication Proceedings
Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all out-of-county supervision progress reports to the state and defendant counsel.
Any and all progress reports from out-of-county supervision shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;
Page 1 | Standing Order Regarding Production of Probation File During Pendency of Revocation and Adjudication Proceedings
Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all reporting-date sign-in logs to the state and defendant counsel.
Any and all sign-in logs for reporting dates shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;
Page 1 | Standing Order Regarding Production of Probation File During Pendency of Revocation and Adjudication Proceedings
Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all specified evaluations and risk assessments, including outside-agency evaluations and detailed questionnaires, to the state and defendant counsel.
Any and all evaluations/risk assessments (with the included questionnaire- where notes and details are written) and/or any evaluations given by outside agencies shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;
Page 2 | Standing Order Regarding Production of Probation File During Pendency of Revocation and Adjudication Proceedings
Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all laboratory reports and drug screens showing the specified positive results to the state and defendant counsel.
Any and all laboratory reports and drug screens that show positive results for alcohol, drugs, controlled substances, or the use of substituted urine samples shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;
Page 2 | Standing Order Regarding Production of Probation File During Pendency of Revocation and Adjudication Proceedings
Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all service-provider progress reports to the state and defendant counsel.
Any and all progress reports from service providers shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;
Page 2 | Standing Order Regarding Production of Probation File During Pendency of Revocation and Adjudication Proceedings
Upon written or typed request, the Community Supervision and Corrections Department must electronically produce all medical documentation the defendant provided to probation to the state and defendant counsel.
Any Medical documentation provided to probation by the defendant shall be produced by the Galveston County Community Supervision and Corrections Department and made available to the state and defendant counsel via electronic delivery when a written or typed request is made;
Page 2 | Standing Order Regarding Production of Probation File During Pendency of Revocation and Adjudication Proceedings
A party requesting a hearing must give notice of the hearing date, time, and matters to be considered to all other parties.
B. Requests for hearing shall be made to the Court in which the matter is pending, in accordance with these rules, and 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.
Page 4 | Rule 3.12 Request for Non-Jury Setting
A party requesting the scheduling of a court appearance must arrange the time through the Court Coordinator and give all parties notice of the date, hour, and matters to be considered.
C. All requests for the scheduling of appearances for the Court for any purpose will be made by contacting the Court Coordinator who will arrange an appropriate time to appear before the Court, and the parties making such request shall serve notice to all parties for the date and hour set for hearing and of the particular matter which will be considered at such time.
Page 4 | Rule 3.13 Request for Jury Setting
After a case is placed on the Drop Docket, the clerk must promptly mail notice of the intended dismissal to counsel of record and qualifying unrepresented parties and file a copy showing the recipients' names, addresses, and mailing date.
When a case has been placed on the Drop Docket as above provided, the County Clerk shall promptly send a notice of the Court's intention to dismiss for want of prosecution. Notice of the Court's intention to dismiss shall be sent by the Clerk to each attorney of record, and to each party not represented by an attorney and whose address is shown on the docket or in the papers on file, by posting same in the United States Postal Service. A copy of such notice shall be filed with the papers of the cause with notation thereon made by the Clerk showing the name and address of all counsel of parties to whom notice was mailed and the date of mailing.
Page 5 | Rule 3.16 — Dismissal Docket; Involuntary Dismissals
Electronic service is complete when the filer transmits the document to the receiving party's email address.
Electronic service shall be complete upon transmission of the document by the filer to the party at the party's e-mail address.
Page 22 | 12.5.2 Completion of Service and Date of Service
Electronic service is permitted only if the receiving party agreed to it or the court ordered electronic service.
Documents may be electronically served upon a party only where that party has agreed to receive electronic service or where the court has ordered the parties to electronically serve documents.
Page 22 | 12.5.1 Electronic Service of Documents Permissible
Electronic filing alone does not require electronic service unless the court orders electronic service.
A party who electronically files a document is not required to electronically serve documents upon other parties unless the court has ordered the parties to electronically serve documents.
Page 22 | 12.5.1 Electronic Service of Documents Permissible
The service date generally is the date electronic service is completed, subject to subsection (c).
Except as provided by subsection (c) below, the date of service shall be the date the electronic service is complete.
Page 22 | 12.5.2 Completion of Service and Date of Service
Electronic service on another party must occur before filing or no later than the time of filing.
(a) Documents to be electronically served upon another party shall be served before the time or at the same time that the document is filed.
Page 23 | 12.5.4 Certification of Service
A filer electronically serving another party must accompany the filed document with a written service certification stating the necessary contact, timing, and completion 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.
Page 23 | 12.5.4 Certification of Service
Three days must be added to a prescribed post-service action period when the document was electronically served.
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.
Page 23 | 12.5.3 Time for Action After Service
A party requesting a hearing must serve all other parties with notice of the hearing date, time, and matters to be considered.
B. Requests for hearing shall be made to the Court in which the matter is pending, in accordance with these rules, and 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.
Page 28 | Rule 3.12 — Request for Non-Jury Setting
The requesting party must provide all parties with notice of the hearing date, time, and matters to be considered.
C. All requests for the scheduling of appearances for the Court for any purpose will be made by contacting the Court Coordinator who will arrange an appropriate time to appear before the Court, and the parties making such request shall serve notice to all parties for the date and hour set for hearing and of the particular matter which will be considered at such time.
Page 28 | Rule 3.13 — Request for Jury Setting
Before a hearing involving support, finances, attorney’s fees, or expenses, each party must provide the Clerk, counsel, and pro se parties with a Financial Information Statement and two most recent employer pay stubs.
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.
Page 33 | Rule 4.13 Financial Information Statements
In cases involving property division, the parties must provide a proposed property division to opposing counsel or the pro se 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.
Page 34 | Rule 4.16 Request for Relief and Proposed Property Division
Filing Fees and Waivers
Court costs, fees, and DPS restitution are waived for an indigent defendant, except restitution paid to a victim.
☐ All Court Cost, Fees, DPS Restitution are hereby Ordered Waived; as the court has found the defendant Indigent. (Restitution WILL NOT be waived, if paid to a victim)
Page 1 | CRIMINAL PROPOSED GENERIC ORDER
Court costs and fees are waived when the defendant is deceased.
☐ The Court orders court cost and fees waived defendant is deceased
Page 1 | CRIMINAL PROPOSED GENERIC ORDER
Electronic filers must pay regular filing fees through Texas.gov using a method specified by Texas.gov.
Filers who electronically file documents will pay regular filing fees to the Clerk indirectly through Texas.gov by a method set forth by Texas.gov.
Page 19 | 12.4.1 Texas.gov
Texas.gov will charge an additional convenience fee for electronic filing, capped at the amount approved by the Department of Information Resources Board.
Texas.gov will charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees and will be in an amount not to exceed the amount approved by the Department of Information Resources Board.
Page 19 | 12.4.1 Texas.gov
Court costs and fees must be paid before an electronically transmitted document will be accepted for filing, and payment may be made through the clerk's escrow account.
C. No document electronically transmitted shall be accepted by the clerk for filing until court costs and fees have been paid. Court costs and fees may be paid through an escrow account established with the clerk. Documents tendered to the clerk electronically without payment of court costs and fees, or with incomplete information on the charge authorization or request, or which do not conform to applicable rules, will not be filed.
Page 25
Documents filed with an affidavit of inability to afford court costs must be handled by the Clerk as required by Texas Rule of Civil Procedure 145.
and complies with all filing requirements. The Clerk shall handle electronically-transmitted documents that are filed in connection with an affidavit of inability to afford court costs in the manner required by TEX. R. CIV. P. 145.
Page 47 | 12.4.3 Filing by Electronic Means
The clerk will not accept an electronically transmitted document for filing until court costs and fees are paid.
No document electronically transmitted shall be accepted by the clerk for filing until court costs and fees have been paid.
Page 51 | Electronic transmission of court documents
An EFSP may charge an additional convenience fee for electronic filing.
An EFSP may charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees.
Page 19 | 12.4.1 Texas.gov
The Clerk may charge an additional convenience fee for electronic filing.
The Clerk may charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees, credit card fees, or other fees.
Page 19 | 12.4.1 Texas.gov
The clerk must adopt an electronic-filing fee schedule annually with approval from the local courts.
D. A fee schedule for electronic filing shall be adopted annually by the clerk and approved by the local courts.
Page 25
The clerk may impose an electronic-filing convenience fee in addition to regular filing, credit card, and other fees.
The Clerk may charge filers a convenience fee ,to electronically file documents. This fee will be in addition to regular filing fees, credit card fees, or other fees.
Page 45 | Rule 12.4.1(h) — Texas.gov
The clerk must adopt an annual electronic-filing fee schedule subject to approval by the local courts.
A fee schedule for electronic filing shall be adopted annually by the clerk and approved by the local courts.
Page 51 | Electronic transmission of court documents
A digital signature authorizes payment of filing fees for an electronically filed document.
A digital signature on an electronically-filed document is deemed to constitute a signature by the filer for the purpose of authorizing the payment of document filing fees.
Page 20 | 12.4.2 Signatures
Court costs and fees for electronically transmitted documents may be paid through an escrow account established with the clerk.
Court costs and fees may be paid through an escrow account established with the clerk.
Page 51 | Electronic transmission of court documents
Sealing & Redaction Procedures
In District Court criminal jury trials, the District Clerk's Office must secure the prosecutor's strike list, defense counsel's strike list, the final jury list, and jury communications to and from the court from public access.
The District Clerk's Office is ordered to secure the following information from the public domain in any District Court criminal jury trials: - District Attorney strike list; - Defense Attorney strike list; - Final Jury list; - Jury communications to and from the Court.
Page 1 | Administrative Order Regarding Information to Be Secured From the Public Domain
CASA must redact identifying information about a child's placement before releasing records to respondent's counsel.
CASA is further ORDERED to redact any identifying information of a child's placement before releasing subject records to counsel for the Respondent/s.
Page 2 | RECORDS TO BE PRODUCED
Filing Bundling Requirements
An electronic transmission to Texas.gov ordinarily may contain only one document.
Except as provided by subsection (b) below, a filer may include only one document in an electronic transmission to Texas.gov.
Page 21 | 12.4.5 Multiple Documents
A transmitted document may include another document as an attachment, such as a brief attached to a motion.
A filer may electronically transmit a document to Texas.gov that includes another document as an attachment (e.g., a motion to which is attached a brief in support of the motion).
Page 21 | 12.4.5 Multiple Documents
Adjournment & Extension Requirements
An order granting a continuance must also reset the case for trial.
D. Upon granting of a motion for continuance, the order granting such motion for continuance shall contain an order resetting the case for trial.
Page 6 | Rule 3.18 Continuances
A known ground for continuing a trial must be presented at least 14 days before the trial setting or at any pretrial conference, whichever occurs first, or the ground is waived.
C. Any known ground for continuance of the trial setting shall be presented to the Court at least 14 days prior to the trial setting or at the pre-trial conference, if any, whichever shall occur first, or shall be waived.
Page 6 | Rule 3.18 Continuances
An attorney or party that failed to notify the court of a known scheduling conflict when the case was set may not later seek a continuance on the basis of that conflict.
B. An attorney/party, who fails to notify the Court of a known conflict in scheduling at the time the case is set, shall be precluded from seeking a continuance at a later time on the grounds of such conflict.
Page 6 | Rule 3.18 Continuances
A continuance may be granted only for good cause shown in a written request signed by the attorneys and clients and approved by the court.
No continuances shall be granted, in any case, except upon good cause shown, in writing, signed by the attorneys and the clients and approved by the Court.
Page 11 | Rule 4.64 Continuances
A continuance motion by the State or defendant must comply with the Code of Criminal Procedure and be presented to and considered by the Court by the Friday before trial unless the parties agree and the Court approves.
Motions for continuance, whether by the State or the Defendant, must comply with the applicable law contained in the Code of Criminal Procedure and must be presented to and considered by the Court on or before the Friday before the scheduled trial date, unless agreed to by the parties and approved by the Court.
Page 13 | Rule 6.4 — Motions/Pre-Trial Hearings
The Court will not consider a continuance motion on the scheduled trial date absent good cause shown and compliance with the applicable rules.
Except for good cause shown and upon compliance with these rules, the Court shall not consider any motion for continuance on the scheduled trial date.
Page 13 | Rule 6.4 — Motions/Pre-Trial Hearings
Any known ground for a continuance must be presented at least 14 days before the trial setting or at the pretrial conference, whichever occurs first, or it is waived.
C. Any known ground for continuance of the trial setting shall be presented to the Court at least 14 days prior to the trial setting or at the pre-trial conference, if any, whichever shall occur first, or shall be waived.
Page 30 | Rule 3.18 — Continuances
An attorney who fails to notify the court of a known scheduling conflict when the case is set may not later seek a continuance based on that conflict or a vacation conflict.
B. An attorney, who fails to notify the Court of a known conflict in scheduling at the time the case is set, shall be precluded from seeking a continuance at a later time on the grounds of such conflict, including vacation conflicts.
Page 30 | Rule 3.18 — Continuances
Continuances are permitted only for good cause shown in a writing signed by the attorneys and clients and approved by the court under Texas Rule of Civil Procedure 251.
No continuances shall be granted, in any case, except upon.good cause shown, in writing, signed by the attorneys and the clients and approved by the Court, and in accordance with T.R.C.P. Rule 251.
Page 36 | Rule 4.6 — Other Matters: Rule 4.64 Continuances
The Court will not consider a continuance motion raised on the scheduled trial date absent good cause.
Except for good cause shown, the Court shall not consider any motion for continuance on the scheduled trial date.
Page 38 | Rule 6.11 — Motion - Pre - Trial Hearings/Pre - Trial Matters
A criminal continuance motion must comply with the Code of Criminal Procedure and be presented to the Court by the Friday before trial unless the Court approves otherwise.
Motions for continuance, whether by the State or Defendant, must comply with the applicable law contained in the Code of Criminal Procedure and must be presented to and considered by the Court on or before the Friday before the scheduled trial date, unless approved by the Court.
Page 38 | Rule 6.11 — Motion - Pre - Trial Hearings/Pre - Trial Matters
The Court need not grant a continuance when the attorney previously agreed to a jury trial setting during the vacation period.
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.
Page 42 | Rule 11 Attorney Vacations
Chambers Communication Rules
Requests to schedule appearances must be made through the Court Coordinator, and the requesting party must notify all parties of the hearing date, time, and matters to be considered.
C. All requests for the scheduling of appearances for the Court for any purpose will be made by contacting the Court Coordinator who will arrange an appropriate time to appear before the Court, and the parties making such request shall serve notice to all parties for the date and hour set for hearing and of the particular matter which will be considered at such time.
Page 28 | Rule 3.13 — Request for Jury Setting
Attorneys and pro se parties are encouraged to contact the District Clerk the day before an uncontested-matter appearance and request that the court file be brought to the courtroom.
Attorneys or pro se parties should contact the District Clerk the day before appearing on an uncontested matter and request that the clerk bring the court's file to the courtroom.
Page 11 | Rule 4.61 Uncontested Matters
A filer must report email-address changes to Texas.gov, the district clerk, and all parties after e-filing, e-service, or agreeing to accept service.
By virtue of electronically filing a document or serving a document or by agreeing to accept service, a filer additionally agrees to provide information regarding any change in his or her e-mail address to Texas.gov, the district clerk, and all parties in the case.
Page 22 | 12.5.1 Electronic Service of Documents Permissible
Requests to schedule appearances before the Court must be made by contacting the Court Coordinator.
A. All requests for the scheduling of appearances for the Court for any purpose will be made by contacting the Court Coordinator who will arrange an appropriate time to appear before the Court.
Page 28 | Rule 3.12 — Request for Non-Jury Setting
Junior Lawyer Participation Incentives
An inexperienced criminal attorney may seek judicial approval to participate as an uncompensated pro bono second-chair attorney on a felony or misdemeanor trial.
An inexperienced attorney who desires to gain experience in criminal matters in order to be placed on the appointment list or to advance on the Graduated List may petition the District Court Judge or County Court at Law Judge to allow the attorney to sit as second chair on a felony or misdemeanor trial. Upon approval of by the District Court Judge or County Court at Law Judge, the attorney may participate in the trial as a second chair attorney; however, the attorney will not be compensated by the Court and will perform any legal services as second chair on a Pro Bono basis.
Page 22 | XVI. REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES