Galveston County District Courts Document Filing Requirements

Applies to

Reporters record

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.

Applies to

Brief

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

Applies to

Appendix

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

Applies to

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.

Applies to

CASA records

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:

Applies to

Annual attorney practice time report

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.

Applies to

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.

Applies to

Fee voucher

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.

Applies to

Motion

Must include

proposed order

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.

Applies to

Opposed motion or response

Must include

proposed order

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;

Applies to

Motion

Must include

certificate of conference

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.

Applies to

Jury charge questions and instructions

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.

Applies to

Discovery materials

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.

Applies to

Case information statement

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.

Applies to

Financial 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.

Applies to

Proposed order

Must include

proposed order

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.

Applies to

Pre trial motion

Must include

proposed order, certificate of service

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.

Applies to

Electronically transmitted document

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.

Applies to

Cover sheet

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.

Applies to

Motion

Must include

proposed order

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.

Applies to

Opposed motion or response

Must include

proposed order, certificate of conference

Opposed motions and responses must be written, include a separate form order granting or denying relief, and contain a certificate 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.

Applies to

Docket control order

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.

Applies to

Docket control conference request

Must include

local rule certificate

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.

Applies to

Discovery materials

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.

Applies to

Case information statement

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.

Applies to

Ex parte order

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.

Applies to

Pretrial motion

Must include

proposed order, certificate of service

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.

Applies to

Electronically filed document

Must include

e mail address

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.

Applies to

Electronically transmitted 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.

Applies to

Reporters record

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.

Applies to

Supplemental appendix

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.

Applies to

Application

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

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

Applies to

Attorney appointment 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.

Applies to

Appointment re evaluation 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.

Applies to

Sworn annual cle certification form

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}

Applies to

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.

Applies to

Attorney fee claim

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.

Applies to

Fee voucher

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.

Applies to

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).

Applies to

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.

Applies to

Motion

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.

Applies to

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..."

Applies to

Motion or response

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.