Gonzales County Court Document Filing Requirements

CRITICAL

Applies to

Order

Unless responding to a Court ruling or order, an order may not be filed without an accompanying motion that states the requested relief and supporting grounds.

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.

CRITICAL

Applies to

Uncontested probate docket hearing documents

The Court must receive all documents required for an uncontested probate docket hearing before providing a setting date.

The Court must receive all documents required for an uncontested docket hearing before a setting date may be provided.

CRITICAL

Applies to

Guilty or nolo contendere plea forms

All forms relating to a guilty or nolo contendere plea must be signed by all parties.

F. Regarding pleas of guilty/nolo contendere, all forms must be signed by all parties.

CRITICAL

Applies to

Motion for continuance

Unless all counsel consent in writing and the Court approves the continuance request, a motion must be filed with an order setting it for hearing.

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.

CRITICAL

Applies to

Withdrawal 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.

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.

CRITICAL

Applies to

Jury waiver

E. If a jury waiver is signed by all parties, additional resets may be approved.

E. If a jury waiver is signed by all parties, additional resets may be approved.

CRITICAL

Applies to

Written notification

If the parties cannot agree on an ADR referral, one party must notify the Court in writing that coordination efforts were unsuccessful.

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.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A motion that omits the required certificate may not be set for hearing until the certificate is filed.

Any motion omitting such certificate shall not be set for hearing until such certification has been filed.

CRITICAL

Applies to

Minor settlement order

An order providing for a minor settlement and investment of proceeds by the County Clerk must include the minor’s social security number, physical address, and date of birth.

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.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Every motion must include a certificate stating that efforts to resolve the dispute without Court intervention failed and specifying the efforts by date, action, and method; if an opposing pro se party does not respond, counsel may certify that failure to respond.

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.

CRITICAL

Applies to

Arraignment waiver

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.

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.

CRITICAL

Applies to

Jury trial waiver

A Bench Trial may not be set until discovery is complete, the parties have negotiated, and all parties have signed a jury trial waiver.

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.

CRITICAL

Applies to

Order

All counsel must approve agreed orders as to form and content; other orders must be approved as to form.

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.

CRITICAL

Applies to

Ex parte order

An ex parte order may not be presented to the Court without a copy of the application or motion.

No ex-parte order shall be presented to the Court unless accompanied by a copy of the application or motion

CRITICAL

Applies to

Order

The submitting attorney must sign an order and approve it as to form; for a Rule 11 Agreement, the attorneys must sign and approve it as to form and content.

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.

CRITICAL

Applies to

Trial exhibits

Attorneys must pre-mark all exhibits before trial and provide an exhibit list to the court reporter.

Have all exhibits pre-marked by attorneys before trial and provide a list to the court reporter.

CRITICAL

Applies to

Civil jury trial setting request

A request for a civil jury trial setting must be written and filed with the Clerk.

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.

CRITICAL

Applies to

Presentence investigation report

A Presentence Investigation Report will be conducted before sentencing in criminal cases.

In criminal cases, a Presentence Investigation Report will be conducted prior to sentencing.

CRITICAL

Applies to

Ex parte application

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.

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.

CRITICAL

Applies to

Discovery responses and related material

Absent a special court order, only discovery responses and related materials required by the listed rules or statutes may be filed with the Clerk.

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.

CRITICAL

Applies to

Waiver of right to appearance

A plea in absentia requires a signed waiver of the right to appear.

F. For a plea in absentia, a waiver of right to appearance form must be signed.

WARNING

Applies to

Vacation or cle designation

Attorneys may designate vacation or CLE days by filing a written designation with the appropriate Clerk and Court Coordinator; the designation should be made 60 days before the period and may cover no more than two consecutive weeks.

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.

WARNING

Applies to

Discovery material

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.

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.

WARNING

Applies to

Death certificate

A death certificate should be brought to the hearing for an accuracy review and will be returned there.

A death certificate should be brought to the hearing to be reviewed for accuracy and will be returned at the hearing.

INFO

Applies to

Discovery material

A party may file discovery materials not previously on file for use on appeal or other post-judgment purposes without a special order.

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.

INFO

Applies to

Discovery material

For relief concerning a discovery dispute, a party may file only the portions of material related to the dispute 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.