Gillespie County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy • Once Agreed Date
Adjournments
- A non-agreed continuance filed less than seven days before a hearing is presumptively denied, and the filing party should not rely on it without a signed order.
Communication
Phone
Document Filing Requirements42 rules
Each motion must include a certificate of conference stating that a conference occurred and its result.
- Document
- Motion
Include
- •Certificate of conference
Court's wording
In addition to any local or other rules concerning motions, no motion may be filed without first conferring with opposing counsel and attempting to resolve the matter and including a certificate of conference on the motion which indicates the fact of the conference and the result thereof.
Additionally, a certificate of service must appear thereon which indicates the specific addressee and the full address, manner and means of service.
Must include
- •Certificate of service
A timely Defense request for prior-conviction impeachment notice must be a letter to the State’s attorney, with a copy filed with the district clerk and provided to the State.
Court's wording
Upon timely written request by the Defense and in the form of a letter addressed to the attorney for the State, a copy of which shall be filed with the district clerk and provided to the State, the State is hereby ORDERED, to give written notice to defense counsel regarding any impeachment evidence by prior conviction the State intends to offer to impeach the defendant or a witness during any phase of the trial as required by Rule 609(f) of the Texas Rules of Evidence.
A timely Defense request for extraneous-offense notice must be a letter to the State’s attorney, with a copy filed with the district clerk and provided to the State.
Court's wording
Upon timely written request by the Defense and in the form of a letter addressed to the attorney for the State, a copy of which shall be filed with the district clerk and provided to the State, the State is hereby ORDERED, to give written notice to defense counsel regarding extraneous offenses or bad acts the State intends to introduce during the State's case in chief as required by Rule 404(b) of the Texas Rules of Evidence.
Upon either side’s written request, expert disclosures must be written and identify each expected expert by name and address.
Court's wording
Upon written request by either side, (letter or e-mail is adequate, no motion is necessary) and in accordance with Art. 39.14(b), Texas Code of Criminal Procedure, each side shall disclose to the other each person a party may use at trial to present expert testimony under Rules 702, 703 or 705, Texas Rules of Evidence. Such disclosure shall be in writing and include at a minimum the name and address of such person.
application and a hearing held on said motion.
In capital felony criminal cases appointed counsel will be reimbursed for reasonable expenses that are incurred provided prior court approval has been granted
If the trial Judge disapproves the requested amount, the Judge shall make written findings stating the amount of payment approved and the reasons for approving an amount different from the requested amount.
Each attorney shall prepare a detailed statement of the nature of the services performed, the date of such performance, and the actual time spent on each such date and service, and shall submit said statement to the trial Judge:
A jury-trial Request for Setting must include the listed case, party, fee, readiness, mediation, discovery, pretrial, settlement, scheduling, trial-estimate, service-certificate, and attorney-signature information, with the stated details for pending matters or disagreement over dates.
Court's wording
The Request for Setting shall contain the following: a. The style and number of the case, and the county where the case is pending; b. The name, address, email address, telephone and fax numbers of the attorney making the request and the party represented by said attorney; c. The name address, email address, telephone and fax numbers of opposing counsel. If no opposing counsel, name, address, email address, (if any) and telephone number, of pro se party; d. The date on which the jury fee was paid; e. A statement that the pleadings of the party requesting the setting are in order; f. A statement that mediation has been completed or none is required. (1) Pending mediation, discovery may be abated by the parties; g. A statement that all discovery has been completed or none is desired. (1) If discovery is pending the request shall contain the date on which discovery is expected to be completed; h. A statement that all pre-trial matters have been disposed of or none is pending. (1) Per the Scheduling Order, if pre-trial matters are pending the request for setting shall state the nature of same, the party asserting same, the estimated time for hearing same and possible dates for a pre-trial hearing which have been cleared with opposing counsel; i. A statement that the party requesting the setting has made a good-faith effort to negotiate a settlement of the case and further efforts appear futile; j. Possible dates for the trial of the case which have been cleared with opposing counsel. (1) If opposing counsel will not agree to a date for trial, the dates proposed and the reason for opposing counsel's refusal to agree to same; k. The estimated time of trial; l. A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service; m. and the signature of the attorney making the Request.
a. A setting will be made only in response to a proper written Request for Setting.
A setting for trial on the merits will be made in response to a written file marked Request for Setting submitted directly to the Court Coordinator at the Kerr County Office.
For a jury trial, submit an Agreed Scheduling Order agreed to by all parties; set a hearing only if the parties cannot agree.
Court's wording
If setting a case for jury trial, an Agreed Scheduling Order shall be submitted to the Court. All Parties shall agree on the Scheduling Order and only in the event said agreement cannot be reached shall the parties set a hearing before the Court to enter a Scheduling Order.
Counsel presenting any application for an ex parte Order shall, at the time the application is presented to the Court, certify in writing that: 1. To the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or
The "Standing Order Regarding Property and Conduct of Parties in Divorce and Suits Affecting the Parent-Child Relationship" attached hereto as Appendix 1, is to be attached by counsel to the original citation in all suits of divorce and suits affecting the parent-child relationship.
An application for a TRO or Protective Order without notice must include an accompanying verified complaint or affidavit stating specific facts and intelligible grounds, not mere conclusions; testimony will not be heard except for an 83.006 Family Code Motion.
Court's wording
An application for a Temporary Restraining Order and/or Protective Order, to be granted without notice to the adverse party, will be considered only upon the applicant's verified complaint or affidavit accompanying the application, and, except for an 83.006 Family Code Motion, no testimony will be heard. No Temporary Restraining Order or Protective Order will be granted without notice to the adverse party unless the applicant's verified complaint or affidavit accompanying the application contains "specific facts," as required by Rule 680, T.R.C.P., and "a plain and intelligible statement of the grounds for such relief," as required by Rule 682, T.R.C.P. No such Temporary Restraining Order shall be granted upon a complaint or affidavit containing mere conclusions, even if verified.
1. After contacting the Court Coordinator and obtaining an agreeable date with all counsel, the requesting party shall forward a copy of the file marked Motion and an Order Setting to the Court for entry.
An Order Setting must list contact information for all counsel of record and any pro se party at its bottom.
Court's wording
3. The following shall be included at the bottom of the Order Setting: a. Names, FAX NUMBERS, and email addresses if any, of all counsel of record. b. Names, ADDRESSES and email addresses if any, of any Pro Se litigants who are a party to the suit.
2. A cover letter shall be included with the documents that states the following: a. All counsel has agreed to the date. b. The estimated time needed for the hearing.
Orders shall be signed by respective DA's offices.
The itemized statement shall be presented to the Court concurrent with an agreed Plea.
In all contested cases involving the division of property where gross value of assets in dispute exceeds $250,000 the attorneys shall prepare a complete written inventory of the assets and liabilities of the marital estate and of the separate estate of their respective client and submit same to the Court prior to trial.
The Court's Standing Order shall be attached to the Original Petition in all family law cases.
The attorneys in all contested hearings concerning support shall prepare complete written income and expense statements as to their respective clients and present same to the Court prior to the hearing.
Pro Se filers must have a file marked copy.
ALWAYS ADVISE THE COURT IN YOUR REQUEST OR COVER LETTER THAT YOU HAVE CONTACTED THE OPPOSING COUNSEL AND THAT THEY ARE AVAILABLE FOR HEARING ON THE DATE YOU HAVE REQUESTED.
The Petitioner must attach this Order to the original petition and every copy, and the Clerk must ensure attachment at filing if the Petitioner has not done so.
Court's wording
7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this Order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this Order is attached to the petition and every copy of the petition presented.
Compensation requests must use an Attorney Fee Voucher in the format approved by the Judges.
Court's wording
Therefore, it is ORDERED that compensation of court-appointed counsel made pursuant to an Attorney Fee Voucher in the format approved by the Judge of the 198th & 216th Judicial Districts shall be as follows on a case by case basis as approved by the Judge:
Counsel must submit a detailed statement of services and time with a verified voucher for approval by the applicable disposition, verdict, or appeal-mandate deadline.
Court's wording
Each lawyer shall prepare a detailed statement of the nature of the services performed with the date of such performance and the actual reasonable time spent on each such date and service, and shall submit such statement with a verified voucher for approval by the trial Judge: 1. On the date of disposition of a case by plea or bench trial; 2. Or within 2 days of the date of verdict in a jury trial; 3. Or within 15 days of the date the mandate being returned in an appeal.
The attorney whose request for payment has been disapproved may, by written motion, file an appeal with the Presiding Judge of the Administrative Region.
Proposed order settings must list everyone to be notified and provide the specified contact information for represented parties or pro se litigants.
Court's wording
At the bottom of all proposed ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney's names, fax numbers, email addresses and phone numbers. If they are pro se litigants, please give their addresses, phone number, email address if any. *
At the end of all MOTIONS, please include the opposing counsel's name, address, email address, phone number and fax number under the Certificate of Service. Please do not put "...a copy has been sent to all opposing counsel."
- Document
- Motion
Include
- •Certificate of service
n. An Order Setting with an agreed date should be attached to the Request.
3. At the time the parties announce ready, each party shall submit to the Court proposed jury questions.
All Counsel's names, fax numbers and email addresses (if any) need to be on the order. (Names, addresses, emails, if pro se)
Any Order Setting received by the Court with NO HEARING DATE or WITHOUT an agreed hearing date will be held in the Court's file until an agreed date is obtained with DA's Office.
Any Order Setting without names/faxes/emails, will be held until corrected and re-submitted.
An Order Paying Court Appointed Attorney should be attached to the itemized statement.
If counsel is unable to secure all opposing counsels approval as to form, counsel may file a Motion for entry of the proposed judgment, order or decree and secure an agreed hearing for the same, pursuant to Rule 21a, Texas Rules of Civil Procedure.
a. Submit an Order Setting to the Court, with a file marked copy of the Request for Setting when obtaining a trial date, or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.
3. When setting or resetting a case for trial, pre-trial, etc., please advise the Court the estimated time you will need for the hearing and whether or not the case has been mediated.
Send an Order Resetting with a cover letter advising the Coordinator of the date the parties have agreed on.
Filing & Service rules
Electronic Filing Rules
A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Coordinator at the Kerr County Office. The party requesting a setting should E-file the Request for Setting with the Clerk, then forward a copy of the file marked request to the Court Coordinator with the agreed order setting.
A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Coordinator at the Kerr County Office. The party requesting a setting should E-file the Request for Setting with the Clerk, then forward a copy of the file marked request to the Court Coordinator with the agreed order setting.
Page 3 | A. REQUEST FOR SETTING - JURY CASES
Attorneys must e-file all filings with the District Clerk and obtain a file mark before submitting them to the Court.
All filings by attorneys must be E-filed with the District Clerk and file marked prior to being submitted to the Court
Page 11 | RULES TO GOVERN FILINGS AND RECORDS
The party requesting a setting should E-file the Request for Setting with the Clerk.
The party requesting a setting should E-file the Request for Setting with the Clerk.
Page 5 | B. REQUEST FOR SETTINGS - NON-JURY CONTESTED CASES
Filing Timing and Cure Windows
The State must file its case-in-chief witness list with the Clerk at least one day before trial.
To file with the Clerk of the Court a list of all witnesses the State intends to call on its case in chief (for either guilt or punishment phases) at least one (1) day prior to the trial, and furnish a copy of same to the Defense on or before the same day.
Page 2 | THE STATE IS ORDERED
The attorney fee statement must be submitted to the trial judge on the date the case is disposed of by plea, bench trial, or jury trial.
a. on the date of disposition of a case by a plea or bench trial, or jury trial;
Criminal cases
Page 2 | REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
The attorney fee statement must be submitted to the trial judge within 15 days of the mandate being returned in an appeal.
b. within 15 days of the date the mandate being returned in an appeal.
Criminal cases
Page 2 | REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
If a case settles at mediation, counsel must notify the Court Coordinator within 7 days to cancel existing court settings.
Counsel is required to notify the Court Coordinator within 7 days if the case settles at mediation to cancel any existing court settings.
Page 10 | 5. Notice to Court after Mediation
Within 60 days after rendition, announcement of the Court's ruling, or counsel's announcement of settlement, counsel must prepare all judgments, decrees, and orders in writing, send them to opposing counsel for approval as to form, and deliver them to the Court for signing.
Within sixty (60) days after rendition, announcement of the Court's ruling or announcements of settlement by counsel, counsel shall cause all judgments, decrees or orders of any kind to be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered to the Court for signing.
Page 10 | ORDERS AND DECREES — 1. Reduction to Writing within Sixty (60) Days
This Order takes effect when the original petition is filed and remains in effect as a Temporary Restraining Order for fourteen days after that filing date.
7.2 This Order is effective upon the filing of the original petition and shall remain in full force and effect as a Temporary Restraining Order for fourteen days after the date of the filing of the original petition.
Civil cases
Page 4 | SERVICE AND APPLICATION OF THIS ORDER
The court may reduce an indigent attorney fee bill that is untimely filed without good cause.
Bills for indigent attorneys fees not timely filed, and without good cause, will be subject to reduction at the discretion of the Court.
Criminal cases
Page 2 | REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
Service and Proof of Service Rules
The State must furnish the Defense a copy of its case-in-chief witness list on or before the day it files the list.
To file with the Clerk of the Court a list of all witnesses the State intends to call on its case in chief (for either guilt or punishment phases) at least one (1) day prior to the trial, and furnish a copy of same to the Defense on or before the same day.
Page 2 | THE STATE IS ORDERED
The State must inform the Defense at least one day before trial of specified benefits or leniency given to an accomplice or prospective witness.
To inform the Defense, at least one day before trial, of all promises of benefit or leniency afforded to or for the benefit of any accomplice or prospective witness in connection with the witness's proposed testimony or other cooperation with regard the alleged offense.
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A copy of the Defense’s impeachment-notice request must be filed with the district clerk and provided to the State.
Upon timely written request by the Defense and in the form of a letter addressed to the attorney for the State, a copy of which shall be filed with the district clerk and provided to the State, the State is hereby ORDERED, to give written notice to defense counsel regarding any impeachment evidence by prior conviction the State intends to offer to impeach the defendant or a witness during any phase of the trial as required by Rule 609(f) of the Texas Rules of Evidence.
Page 3
A copy of the Defense’s extraneous-offense notice request must be filed with the district clerk and provided to the State.
Upon timely written request by the Defense and in the form of a letter addressed to the attorney for the State, a copy of which shall be filed with the district clerk and provided to the State, the State is hereby ORDERED, to give written notice to defense counsel regarding extraneous offenses or bad acts the State intends to introduce during the State's case in chief as required by Rule 404(b) of the Texas Rules of Evidence.
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Each party must serve its expert disclosures on the opposing party no later than 20 days before trial.
Disclosures shall be served upon the opposing party by each party, no later than 20 days prior to trial.
Page 4 | EXPERT WITNESSES
Impeachment notice is deemed reasonable if given 10 days before trial, except when good cause is shown.
Notice shall be deemed reasonable if given 10 days before trial, except for good cause shown.
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Extraneous-offense notice is deemed reasonable if given 10 days before trial, except when good cause is shown.
Said notice shall be deemed reasonable if given 10 days before trial except for good cause shown.
Page 3
Notice to parties may be delivered by hand, mail, or electronically in accordance with Rule 21a(10).
Notice may be provided to parties by delivering by hand, mail or electronically, in accordance with Rule 21 a (10).
Page 4 | A. REQUEST FOR SETTING - JURY CASES
Courtesy Copy Requirements
After obtaining an agreed date, send the Court Coordinator a courtesy copy of the file-marked Motion, the proposed Agreed Order, and a statement that the date is agreed.
Once you have an agreed date, fill that date in on your Agreed Order Setting and forward both a courtesy copy of your file marked Motion and the proposed Agreed Order, along with a statement that the date is an agreed date, to the Court Coordinator for entry with the Court.
Page 5 | CIVIL CASES
Pre-Motion Conference Requirements
Before filing any motion, counsel must confer with opposing counsel and attempt to resolve the matter.
In addition to any local or other rules concerning motions, no motion may be filed without first conferring with opposing counsel and attempting to resolve the matter and including a certificate of conference on the motion which indicates the fact of the conference and the result thereof.
Page 1 | ORDER REGARDING MOTIONS
Further particularized discovery may be sought by a written motion limited to matters not covered by the Order, presented as early as practical and no later than the Article 28.01 pretrial hearing.
This Order will dispose of all pretrial discovery and specified request motions heretofore filed. In the event that further particularized discovery is considered necessary, the Defense may file a written Motion for Discovery addressing only matters not covered in this Order, and such Motion will be presented to the Court at the earliest practical opportunity before trial, but in any event no later than the occasion of the Art.28.01 pretrial hearing.
Page 4 | EXPERT WITNESSES
Any motion under T.R.E. 705(b) for voir dire of an expert prior to testimony will ordinarily be taken up at the time of trial in such manner as to not unduly waste jury time. However, if either party anticipates that an extensive Rule 705(b) examination will be required, such shall be made known to the Court so that an additional pretrial hearing for this purpose and for possible challenge to the expert or the testimony to be given may be scheduled prior to the date of trial.
Any motion under T.R.E. 705(b) for voir dire of an expert prior to testimony will ordinarily be taken up at the time of trial in such manner as to not unduly waste jury time. However, if either party anticipates that an extensive Rule 705(b) examination will be required, such shall be made known to the Court so that an additional pretrial hearing for this purpose and for possible challenge to the expert or the testimony to be given may be scheduled prior to the date of trial.
Page 4 | EXPERT WITNESSES
A conference-call hearing requires Court approval before the hearing date.
Conference call hearings must be approved with the Court prior to the hearing date.
Page 12 | GENERAL RULES
Adjournment & Extension Requirements
Criminal cases have no summary or automatic first continuances; continuances must comply with the cited statutes, reset dates must be obtained from the DA, and the continuance or reset order must be signed by the DA.
There will be no summary or automatic "first continuances." All continuances shall be in accordance with Arts. 29.01 through 29.13, C.C.P. and Art. 30.003, Texas Civil Prac. & Remedies Code. Reset dates must be obtained from the DA and the order continuing or resetting shall be signed by the DA.
Page 8 | B. SETTINGS/SCHEDULING: 2. Continuances
A non-agreed continuance filed less than seven days before a hearing is presumptively denied, and the filing party should not rely on it without a signed order.
Non-agreed continuances filed less than seven (7) days prior to hearing are presumptively DENIED and the filing party should not rely on the Continuance Motion without a signed Order.
Page 12 | GENERAL RULES
Filing a motion for continuance alone does not grant the continuance.
Mere filing of a Motion for Continuance does not mean the continuance will be granted.
Page 12 | GENERAL RULES
For a continuance agreed to by all parties, notify the Court Coordinator; she will consult with the Judge before the matter is removed from the docket.
8. If you have a continuance that is agreed to by all parties, please contact the Court Coordinator and advise her of this and she will consult with the Judge prior to removing the matter from the docket.
Page 12 | GENERAL RULES
The parties’ agreement does not automatically grant a continuance.
Continuances are not automatic upon agreement by the parties.
Page 12 | GENERAL RULES
Continuances must comply with the cited provisions of the Code of Criminal Procedure and Texas Civil Practice and Remedies Code.
7. All continuances shall be in accordance with Arts. 29.01 through 29.13, C.C.P. and Art. Tx. Civil Prac. & Rem. Code 30.003.
Page 12 | GENERAL RULES
Chambers Communication Rules
When setting a civil case for pre-trial, jury trial, non-jury trial or post trial hearing, please call or e-mail the Court Coordinator, prior to sending your file marked Motion and Order Setting, to obtain available hearing dates.
When setting a civil case for pre-trial, jury trial, non-jury trial or post trial hearing, please call or e-mail the Court Coordinator, prior to sending your file marked Motion and Order Setting, to obtain available hearing dates.
Page 5 | CIVIL CASES
2. When setting or resetting a case for trial, pre-trial, etc., please contact the Court Coordinator for available dates. Then, contact all other counsel and obtain a date that everyone is available.
2. When setting or resetting a case for trial, pre-trial, etc., please contact the Court Coordinator for available dates. Then, contact all other counsel and obtain a date that everyone is available.
Page 11 | GENERAL RULES
If a hearing must be canceled, contact the Court Coordinator as soon as possible.
5. If for any reason, you have to cancel a hearing, please contact the Court Coordinator as soon as possible.
Page 11 | GENERAL RULES
If counsel cannot agree on a date, contact the Court Coordinator for instructions on how to proceed with a hearing date.
b. If you cannot obtain a date that is agreeable to all counsel, please contact the Court Coordinator and she will advise you on how to proceed regarding a hearing date.
Page 11 | GENERAL RULES
To obtain a resetting date, first contact the Court Coordinator for available dates, then coordinate with opposing counsel on a mutually available date.
9. To obtain a resetting date, please contact the Court Coordinator for available dates, then contact opposing counsel to obtain a date that is available and agreeable to all counsel.
Page 12 | GENERAL RULES
Attorneys must provide their fax number and email address to the Court, the Clerks of Court, and opposing counsel.
Said number and email shall be provided to the Court, the Clerks of Court, and all opposing counsel.
Page 12 | GENERAL RULES
Attorneys practicing in these courts must have access to an operative fax machine and email address at all times, including weekends.
Any attorney practicing in the 198th & 216th Judicial District Courts shall have access to a fax machine and an email address that will be operative 24 hours a day, seven days a week.
Page 12 | GENERAL RULES
Communications sent by the Courts to attorneys’ provided fax numbers or email addresses are deemed received.
All communications between the Courts and attorneys via fax or email to the numbers and email addresses provided shall be deemed received.
Page 12 | GENERAL RULES
Uncontested divorces, agreed divorces, defaults, uncontested name changes, and adoptions may be set by phone with the Court Coordinator without sending an Order Setting.
1. When requesting a setting for uncontested divorces, agreed divorces, defaults, uncontested name changes or adoptions, you do not need to send an Order Setting. These matters can be set over the phone by contacting the Court Coordinator.
Page 6 | D. UNCONTESTED AND DEFAULT MATTERS