Gonzales County Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements1 rule
Plea bargains will be accepted in writing through the end of business day on the Friday of the week of Announcement Setting.
- Plea bargain
Formatting
- •Plea bargains must be submitted in writing
Document Filing Requirements26 rules
Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed and accompanied by an order setting the motion for a hearing.
Except in response to a ruling or order entered by the Court, no order shall be filed without an accompanying motion clearly setting forth the relief sought and the specific grounds in support of the relief.
Any order submitted to the Court shall be signed by the attorney submitting the Order, approving the order as to form, unless it is submitted as a Rule 11 Agreement, in which case the attorneys shall sign the order, approving it as to form and content.
Requests for civil jury trial settings shall be in writing and filed with the Clerk and a copy shall be delivered to the Court Coordinator and opposing counsel.
Agreed orders of any kind shall be approved by all counsel as to form and content. All other orders shall be approved as to form.
Any motion omitting such certificate shall not be set for hearing until such certification has been filed.
All motions shall contain a certificate by the party filing same that efforts to resolve the dispute without Court intervention have been attempted and failed and shall set forth specifically the efforts taken by date, action and method. If an opposing party is pro se, and that party does not respond to efforts to confer, counsel may certify that the pro se party tailed to respond.
No ex-parte order shall be presented to the Court unless accompanied by a copy of the application or motion
When presenting an ex parte application, counsel must provide a written verification addressing whether the opposing party is represented and, if represented, whether counsel was notified or diligent but unsuccessful notice efforts were made.
Court's wording
Counsel presenting any application for an ex parte order shall, at the time the application is presented to the Court, verify in writing that: a. To the best of the counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or b. If the party against whom the relief is sought is represented by counsel, that (1) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (2) counsel presenting the application has diligently attempted to notify opposing counsel, have been unable to do so, and the circumstances do not permit additional efforts to give such notice.
The written client notice must state that the Court will be asked to sign the withdrawal order on or after ten days following the notice.
Court's wording
If another attorney is not to be substituted as attorney for the party, or if the party does not consent to the motion to withdraw, the withdrawing attorney shall notify the client in writing that the Court will be requested to sign an order granting the withdrawal on or after ten (10) days following the date of such notice. Notice shall be sent by certified mail, return receipt requested.
If the parties cannot agree on an ADR referral, one party must notify the Court in writing that coordination efforts were unsuccessful.
Court's wording
If the parties are unable to cooperate or agree to a referral of such issues to an ADR procedure, then upon written notification to the Court by one of the parties that efforts to coordinate a referral have been unsuccessful; the Court, without a hearing, may, and in the event of a case pending a jury trial, shall enter an order of referral to an ADR procedure, and under such terms and conditions selected by the Court.
A. Any order providing for a minor settlement and the investment of settlement proceeds by the County Clerk shall include the social security number, address (physical address, not a post office box) and date of birth for the minor.
Absent a special court order, only discovery responses and related materials required by the listed rules or statutes may be filed with the Clerk.
Court's wording
A. Except upon special order of the Court, only the discovery responses and related material required by the Texas Rules of Civil Procedure, the Texas Rules of Evidence, the Texas Civil Practices and Remedies Code, or other statute, shall be filed with the Clerk of the Court.
F. Regarding pleas of guilty/nolo contendere, all forms must be signed by all parties.
E. If a jury waiver is signed by all parties, additional resets may be approved.
A. Defendants may be arraigned during a pretrial docket call. Arraignment may be waived in writing if signed by the attorney and filed prior to the scheduled arraignment.
F. For a plea in absentia, a waiver of right to appearance form must be signed.
Cases may not be set for a Bench Trial unless discovery is complete, the parties have negotiated, and a jury trial waiver has been signed by all parties.
Have all exhibits pre-marked by attorneys before trial and provide a list to the court reporter.
In criminal cases, a Presentence Investigation Report will be conducted prior to sentencing.
The Court must receive all documents required for an uncontested docket hearing before a setting date may be provided.
An attorney may designate days for vacation or CLE during which time the attorney will not be assigned to pre-trial or trial settings. All designations must be in writing and filed with the appropriate Clerk and Court Coordinator. Designations should be made at sixty (60) days prior to the first day of the period designated with not more than two (2) consecutive weeks designated.
A party may file discovery materials for a summary-judgment motion or other pretrial motion and related responses or replies without a special order, but only the portions related to the matter may be filed.
Court's wording
C. A party may file discovery and related material in support of a motion for summary judgment, or for any response or reply to such a motion, or for any other pretrial motion, response or reply, without obtaining a special order. Only the portions of a deposition or other discovely material related to the motion, response or other pretrial matter may be filed without a special order.
A death certificate should be brought to the hearing to be reviewed for accuracy and will be returned at the hearing.
D. A party may file discovery materials not previously on file for use on appeal or for other post-judgment purposes without a special order.
B. If relief is sought concerning any discovery dispute, a party may file copies of only those portions of the material related to the dispute, without obtaining a special order.
Filing & Service rules
Filing Timing and Cure Windows
A civil jury trial setting request must be filed by the docket call two months before the requested trial date, unless the Court orders otherwise or the law requires otherwise.
Except upon order of the Court, or where otherwise required by law, such request shall be filed by the date of the docket call two (2) months prior to the date of the requested jury trial.
Page 4 | RULE 1.5 TRIAL SETTINGS
Within 20 calendar days after the ruling or announcement of settlement, court-designated counsel must prepare final judgments and decrees in writing and forward them to the Court and opposing counsel for approval as to form.
Within twenty (20) calendar days after rendition, announcement of the Court's ruling or announcement of settlement by counsel, all final judgments and decrees shall be reduced to writing by counsel designated by the Court and forwarded to the Court and opposing counsel for approval as to torm.
Page 5 | RULE 1.8 ORDERS AND DECREES SUBMISSION TIMELINE
Within 10 calendar days after receiving the proposed order, opposing counsel must deliver it to the Court for signature or deliver specific written objections to the Court and all counsel.
Within ten (10) calendar days after receipt by opposing counsel, opposing counsel shall deliver the order to the Court for signature, or deliver to the Court and all counsel, specific written objections to the form of the proposed order. The Court will determine the written objections and either sign and enter the proposed order or inform counsel for the parties of the changes that need to be made to the proposed order.
Page 5 | RULE 1.8 ORDERS AND DECREES SUBMISSION TIMELINE
The Court may be asked to sign an order granting withdrawal on or after ten days following the client notice.
If another attorney is not to be substituted as attorney for the party, or if the party does not consent to the motion to withdraw, the withdrawing attorney shall notify the client in writing that the Court will be requested to sign an order granting the withdrawal on or after ten (10) days following the date of such notice. Notice shall be sent by certified mail, return receipt requested.
Page 7 | RULE 2.3 WITHDRAWAL OF COUNSEL
Motions must be filed at least seven days before the setting; if none are filed by then, one additional Motions setting is permitted, and untimely motions are waived with the case set for Announcement.
A. Cases will be set after the third non-jury setting. If no motions are filed seven (7) days prior to setting, one (1) additional Motions setting is permitted. B. If no timely motions are filed, motions are waived and the case will be set to an Announcement Setting.
Page 10 | RULE 3.3 CONTESTED MOTIONS SETTING
An arraignment waiver must be filed before the scheduled arraignment.
A. Defendants may be arraigned during a pretrial docket call. Arraignment may be waived in writing if signed by the attorney and filed prior to the scheduled arraignment.
Page 10 | RULE 3.1 ARRAIGNMENT
Plea bargains will be accepted through the end of business day on the Friday of the week of Announcement Setting.
Plea bargains will be accepted in writing through the end of business day on the Friday of the week of Announcement Setting.
Page 11 | RULE 3.4 ANNOUNCEMENT SETTING
All documents required for an uncontested probate docket hearing must be received before a setting date may be provided.
The Court must receive all documents required for an uncontested docket hearing before a setting date may be provided.
Page 12 | RULE 4.6 PROBATE COURTS
Motions related to trial should have been filed seven (7) days prior to the Motions Setting.
Motions related to trial should have been filed seven (7) days prior to the Motions Setting.
Page 11 | RULE 3.6 JURY TRIALS
Service and Proof of Service Rules
A copy of each civil jury trial setting request must be delivered to opposing counsel.
Requests for civil jury trial settings shall be in writing and filed with the Clerk and a copy shall be delivered to the Court Coordinator and opposing counsel.
Page 4 | RULE 1.5 TRIAL SETTINGS
Non-jury settings require at least 10 days' notice to opposing counsel or parties, unless a statute provides otherwise or the Court permits otherwise.
Except where provided by statute or permission of Court, all non-jury settings shall be on at least ten (10) days notice to opposing counsel and/or parties.
Page 4 | RULE 1.5 TRIAL SETTINGS
The attorney submitting an order must provide opposing counsel or pro se parties with a copy bearing the Clerk's file stamp.
In all cases, the attorney submitting the order shall provide to all opposing counsel and/or pro se parties a copy of the Order bearing the Clerk's file stamp.
Page 4 | RULE 1.7 ORDERS SENT TO JUDGES
Unless the Court orders otherwise, parties must serve or exchange exhibit and witness lists at least 14 days before the pretrial conference and make exhibits available for inspection.
Unless otherwise ordered specifically, at least fourteen (14) days prior to the pretrial conference, the parties shall serve or exchange the following things: a. Exhibit lists (and make exhibits available for inspection); b. Witness lists;
Page 6 | RULE 2.2 PRETRIAL CONFERENCE
The parties must serve objections to the referenced items, including exhibits, within seven days after receiving them.
F. The parties are to serve objections to the above referenced items, including objections to each party's exhibits, no later than seven (7) days after receipt of the above referred items.
Page 7
When no substitute attorney is being appointed or the party does not consent, the withdrawing attorney must notify the client in writing by certified mail, return receipt requested.
If another attorney is not to be substituted as attorney for the party, or if the party does not consent to the motion to withdraw, the withdrawing attorney shall notify the client in writing that the Court will be requested to sign an order granting the withdrawal on or after ten (10) days following the date of such notice. Notice shall be sent by certified mail, return receipt requested.
Page 7 | RULE 2.3 WITHDRAWAL OF COUNSEL
H. Attorneys should carefully review all conditions with the defendant prior to sentencing and provide the signed form to the prosecutor.
H. Attorneys should carefully review all conditions with the defendant prior to sentencing and provide the signed form to the prosecutor.
Page 10 | RULE 3.2 PRETRIAL NON-JURY SETTINGS
Sealing & Redaction Procedures
Information about the child’s social security number, address, and date of birth must not be released except by court order or as required by the Clerk to invest the funds.
Information pertaining to the child (social security number, address and date of birth) shall not be released except upon Court Order or as required by the Clerk for investing the funds.
Page 9 | RULE 2.7 MINOR SETTLEMENTS
Pre-Motion Conference Requirements
Before filing a motion, moving counsel must confer with counsel for all affected parties about whether the motion will be opposed, except for motions allowed by law to be filed ex parte and motions to dismiss the entire action, for summary judgment, or for a new trial.
Except for motions expressly allowed by law to be filed ex-parte, before filing any motions, counsel for a moving party shall confer with the counsel for all parties affected by the requested relief to determine whether or not the contemplated motion will be opposed. Such conference is required for all motions except motions to dismiss the entire action, motions for summary judgment and motions for new trial.
Page 6 | RULE 2.2 PRETRIAL CONFERENCE
Adjournment & Extension Requirements
A continuance or postponement may be granted only with all counsel's consent or after nonjoining parties have been notified and had an opportunity to object; the Court may still deny the request or require a hearing.
No request for a continuance, to pass, postpone or reset any trial, pretrial, or other hearing shall be granted unless counsel for all parties consent, or unless all parties not joining in such request have been notified and have had an opportunity to object. Agreement by counsel for all parties to a continuance does not mean automatic approval by the Court, and the Court reserves the right to deny or require a hearing.
Page 3 | RULE 1.3 REQUESTS FOR CONTINUANCE OR POSTPONEMENT
Trial counsel must attend the pretrial conference and be prepared to announce readiness; any announcement of not ready must be accompanied by a motion for continuance.
G. Trial counsel are ordered to attend the pretrial conference and discuss all aspects of the trial and shall be prepared to make an announcement of "ready" or "not ready." Any announcement of "not ready" shall be accompanied by a motion for continuance.
Page 7
Three pretrial non-jury settings are permitted for discovery; if more are necessary, both parties must request them from the Court, and unresolved cases move to a contested Motions/Announcement setting after the third setting unless more settings are approved.
C. There is a total of three pretrial non-jury settings permitted for discovery purposes. If additional pretrial settings are necessary, both parties must approach the Court to request additional settings. D. Unresolved cases will be moved to a contested Motions/Announcement setting after the third pretrial non-jury setting, unless additional settings have been approved.
Page 10 | RULE 3.2 PRETRIAL NON-JURY SETTINGS
Each side will generally be allowed one continuance; any additional request must be made at the bench and communicated directly to the Court.
Each side will be generally allowed one continuance. Any additional requests must be made at the bench and communicated directly to the Court.
Page 11 | RULE 3.6 JURY TRIALS
If an order or final judgment is not furnished within the applicable time, the Court may continue the case or place it on the dismissal docket at its discretion.
Upon failure to furnish the Court with an order or final judgment within the applicable time period, the Court may continue the case or place the case on the Court's dismissal docket at the Court's discretion.
Page 5 | RULE 1.8 ORDERS AND DECREES SUBMISSION TIMELINE
The timeline may be extended by written motion upon a showing of good cause.
The timeline may be expanded upon written motion for good cause shown.
Page 5 | RULE 1.8 ORDERS AND DECREES SUBMISSION TIMELINE
Additional resets may be approved if all parties sign a jury waiver.
E. If a jury waiver is signed by all parties, additional resets may be approved.
Page 10 | RULE 3.2 PRETRIAL NON-JURY SETTINGS
Chambers Communication Rules
Counsel must communicate conflicts to the Court Coordinator in advance.
Counsel shall timely appear before the Court at each setting until excused by the Court and communicate conflicts with the Court Coordinator in advance of the
Page 1 | Rule 1.1 CONDUCT AND COURTROOM DECORUM, C. Conduct Required of Counsel
An attorney with conflicting trial settings must notify the courts concerned immediately upon learning of the conflict.
Whenever an attorney has two or more cases on trial dockets for trial at the same time, it shall be the duty of the attorney to bring the matter to the attention of the courts concerned immediately upon learning of the conflicting settings.
Page 3 | RULE 1.4 CONFLICTS IN SETTINGS
It is understood for non-jury criminal case settings, attorneys may schedule multiple courts for the same day and will prioritize cases based on court structure, keeping the Court Coordinator informed.
It is understood for non-jury criminal case settings, attorneys may schedule multiple courts for the same day and will prioritize cases based on court structure, keeping the Court Coordinator informed.
Page 3 | RULE 1.4 CONFLICTS IN SETTINGS
A copy of each civil jury trial setting request must be delivered to the Court Coordinator.
Requests for civil jury trial settings shall be in writing and filed with the Clerk and a copy shall be delivered to the Court Coordinator and opposing counsel.
Page 4 | RULE 1.5 TRIAL SETTINGS
A criminal jury trial setting will be scheduled with an Announcement/Motions setting if requested by the defense attorney, or after the Court's allotted number of pretrial settings.
Criminal jury trial settings will be set in conjunction with an Announcement/Motions setting at the request of the defense attorney or after an allotted number of pre-trial settings as determined by the Court.
Page 4 | RULE 1.5 TRIAL SETTINGS
All parties must notify the Court Coordinator as soon as practical of a settlement or cancellation of a trial or setting.
All parties shall be responsible for notifying the Court Coordinator as soon as practical of settlement, cancellations of trial and/or settings.
Page 4 | RULE 1.5 TRIAL SETTINGS
Matters to be heard on regular non-jury days must be set with the Court Coordinator.
All matters to be heard on regular non-jury days shall be set with the Court's Coordinator.
Page 4 | RULE 1.5 TRIAL SETTINGS
If the defendant will receive probation, notify the court probation officer before submitting paperwork to the clerk so the order can be prepared.
G. If the defendant is to receive probation, please notify the court probation officer prior to submitting paperwork to the clerk so that the order can be prepared.
Page 10 | RULE 3.2 PRETRIAL NON-JURY SETTINGS