Gillespie County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Motion

Must include

certificate of conference

Each motion must include a certificate of conference stating that a conference occurred and its result.

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.

CRITICAL

Applies to

Motion

Must include

certificate of service

Each motion must include a certificate of service identifying the specific addressee, full address, and manner and means of service.

Additionally, a certificate of service must appear thereon which indicates the specific addressee and the full address, manner and means of service.

CRITICAL

Applies to

Defense request letter

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.

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.

CRITICAL

Applies to

Defense request letter

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.

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.

CRITICAL

Applies to

Expert disclosure

Upon either side’s written request, expert disclosures must be written and identify each expected expert by name and address.

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.

CRITICALCriminal cases

Applies to

Expense reimbursement request

Appointed counsel in capital felony cases must obtain prior court approval for reimbursement of reasonable expenses.

In capital felony criminal cases appointed counsel will be reimbursed for reasonable expenses that are incurred provided prior court approval has been granted

CRITICALCriminal cases

Applies to

Expense reimbursement request

The expense-reimbursement procedure includes an application and a hearing on the motion.

application and a hearing held on said motion.

CRITICALCriminal cases

Applies to

Attorney fee statement

Each attorney must submit a detailed statement to the trial judge describing the services performed, dates, and actual time spent for each service.

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:

CRITICALCriminal cases

Applies to

Written findings on attorney fee request

If the trial judge disapproves the requested amount, the judge must issue written findings identifying the approved payment amount and explaining the difference from the request.

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.

CRITICAL

Applies to

Request for setting

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.

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.

CRITICAL

Applies to

Agreed scheduling order

For a jury trial, submit an Agreed Scheduling Order agreed to by all parties; set a hearing only if the parties cannot agree.

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.

CRITICAL

Applies to

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.

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.

CRITICAL

Applies to

Request for setting

A setting will be made only in response to a proper written Request for Setting.

a. A setting will be made only in response to a proper written Request for Setting.

CRITICAL

Applies to

Application

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.

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.

CRITICAL

Applies to

Original citation

Counsel must attach Appendix 1, the Standing Order Regarding Property and Conduct of Parties, to the original citation in every divorce and parent-child relationship suit.

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.

CRITICAL

Applies to

Ex parte application

Counsel presenting an ex parte application must certify in writing when presenting it that, to counsel’s best knowledge, the opposing party is unrepresented; the listed certification alternatives continue beyond this excerpt.

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

CRITICAL

Applies to

Hearing setting submission

After obtaining an agreed hearing date from the Court Coordinator and all counsel, the requesting party must forward the file-marked Motion and an Order Setting to the Court for entry.

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.

CRITICAL

Applies to

Cover letter

The hearing-setting documents must include a cover letter stating that all counsel agreed to the date and estimating the hearing time.

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.

CRITICAL

Applies to

Order setting

An Order Setting must list contact information for all counsel of record and any pro se party at its bottom.

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.

CRITICAL

Applies to

Order setting

Orders must be signed by the respective DA’s offices.

Orders shall be signed by respective DA's offices.

CRITICAL

Applies to

Itemized statement

The itemized statement must be presented to the Court at the same time as an agreed Plea.

The itemized statement shall be presented to the Court concurrent with an agreed Plea.

CRITICAL

Applies to

Original petition

The Court's Standing Order must be attached to the Original Petition in every family law case.

The Court's Standing Order shall be attached to the Original Petition in all family law cases.

CRITICAL

Applies to

Income and expense statements

For contested support hearings, attorneys must prepare complete written income and expense statements for their clients and present them to the Court before the hearing.

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.

CRITICAL

Applies to

Inventory of assets and liabilities

In contested property-division cases with more than $250,000 in disputed assets, attorneys must prepare and submit a complete written inventory of their clients’ marital and separate estate assets and liabilities before trial.

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.

CRITICAL

Pro se filers must have a file-marked copy.

Pro Se filers must have a file marked copy.

CRITICAL

Applies to

Request

The request or cover letter must state that opposing counsel was contacted and is available on the requested hearing date.

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.

CRITICALCivil cases

Applies to

Petition

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.

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.

CRITICALCriminal cases

Applies to

Attorney fee voucher

Compensation requests must use an Attorney Fee Voucher in the format approved by the Judges.

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:

CRITICALCriminal cases

Applies to

Verified voucher

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.

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.

WARNINGCriminal cases

Applies to

Appeal of attorney fee request

An attorney may appeal a disapproved payment request to the Presiding Judge of the Administrative Region by written motion.

The attorney whose request for payment has been disapproved may, by written motion, file an appeal with the Presiding Judge of the Administrative Region.

WARNING

Applies to

Proposed order setting

Proposed order settings must list everyone to be notified and provide the specified contact information for represented parties or pro se litigants.

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. *

WARNING

Applies to

Motion

Must include

certificate of service

Every motion must include opposing counsel's specified contact information under the Certificate of Service and must not use the quoted generic service statement.

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."

WARNING

Applies to

Request for setting

Must include

proposed order

n. An Order Setting with an agreed date should be attached to the Request.

n. An Order Setting with an agreed date should be attached to the Request.

WARNING

Applies to

Proposed jury questions

Each party must submit proposed jury questions to the Court when the parties announce ready.

3. At the time the parties announce ready, each party shall submit to the Court proposed jury questions.

WARNING

Applies to

Order

The order must list counsel’s names, fax numbers, and email addresses, if any; for pro se parties, it must list names, addresses, and emails.

All Counsel's names, fax numbers and email addresses (if any) need to be on the order. (Names, addresses, emails, if pro se)

WARNING

Applies to

Order setting

An Order Setting without a hearing date agreed to with the DA’s Office will be held in the Court’s file until an agreed date is obtained.

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.

WARNING

Applies to

Order setting

An Order Setting missing names, fax numbers, or email addresses will be held until corrected and resubmitted.

Any Order Setting without names/faxes/emails, will be held until corrected and re-submitted.

WARNING

Applies to

Itemized statement

An Order Paying Court Appointed Attorney should accompany the itemized statement.

An Order Paying Court Appointed Attorney should be attached to the itemized statement.

WARNING

Applies to

Motion for entry of judgment order or decree

If counsel cannot obtain all opposing counsel's approval as to form, counsel may file a motion for entry of the proposed judgment, order, or decree and obtain an agreed hearing under Rule 21a.

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.

WARNING

Applies to

Request for setting

To obtain a trial date, submit an Order Setting and a file-marked Request for Setting; to obtain a pre-trial date, submit a letter stating the agreed date.

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.

WARNING

Applies to

Setting request

When setting or resetting a case, advise the Court of the estimated hearing time and whether the case has been mediated.

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.

WARNING

Applies to

Order resetting

Submit an Order Resetting with a cover letter stating the date agreed upon by the parties.

Send an Order Resetting with a cover letter advising the Coordinator of the date the parties have agreed on.