Gonzales County District Court Document Filing Requirements

CRITICAL

Applies to

Motion

Every motion must list opposing counsel’s name and contact information under the certificate of service.

On all motions, include the opposing counsel's name, address, and telephone and fax numbers and e-mail address under the certificate of service.

CRITICAL

Applies to

Ex parte relief application

An application for ex parte relief must state whether the opposing party has counsel and, if so, identify counsel.

Applications for ex parte relief shall state whether the opposing party IS represented by counsel and, if so, name said counsel.

CRITICAL

Applies to

Discovery motion hearing request

Must include

certificate of conference

A request for a hearing on a discovery motion must include counsel’s certification that counsel unsuccessfully attempted to obtain relief by agreement.

Request for hearings on motions regarding discovery must be accompanied by a certification from the movant's counsel that he has attempted to obtain relief by agreement and has been unsuccessful.

CRITICAL

Applies to

Nonjury trial setting request

A request for a non-jury trial lasting more than two hours must be specially made in writing, with copies served on all parties.

All requests for non-jury trials of more than two hours in length shall be specially requested and shall be set by the Court at the earliest possible trial date on those dates established by the Court for non-jury trials. The request shall be in writing and copies served upon all parties in the case.

CRITICAL

Applies to

Amended pleadings

Amended pleadings must be in final form at the pre-trial hearing.

2.4.1. All amended pleadings must be in their final form;

CRITICAL

Applies to

Exhibits

Each counsel will designate the exhibits to which no objection will be made.

Each counsel will designate those exhibits to which no objection will be made.

CRITICAL

Applies to

Income and expense statement

For contested child or spousal support hearings, each party must prepare and present a complete written income-and-expense statement for the prior two years before the hearing.

3.2. In all contested hearings involving child or spousal support, each party shall prepare a complete written statement of their income and expenses for the previous two years and present same to the Court prior to the hearing.

CRITICAL

Applies to

Property inventory

For contested property hearings, each party must prepare and present a complete written inventory of community and separate assets and liabilities before the hearing.

3.3. In all contested hearings involving property, each party shall prepare a complete written inventory of their assets and liabilities, both community and separate and present same to the Court prior to the hearing.

CRITICAL

Applies to

Written request

A defendant seeking a trial when the district attorney has not requested a setting must make a written request.

Criminal cases shall be set for trial at the request of the district attorney or county t l attorney. Should a defendant desire a trial in a case in which the district attorney has I i not requested a setting, the case will be set by the Court after written request by the defendant.

CRITICAL

Counsel must appear as scheduled unless the court coordinator releases them in writing.

Unless released in writing by the court coordinator, counsel must appear as scheduled.

CRITICAL

Applies to

Motion

Must include

proposed order

Hearings in contested cases must be set by written motion with an order attached.

1.1. All hearings 10 contested cases must be set by written motion with order attached.

CRITICAL

Applies to

Divorced parent education completion certificate

In all divorces and motions to modify, both parents must attend an educational program at their own expense and file a completion certificate before a merits setting or final order.

3.4. In all divorces, contested or uncontested, or motions to modify, both parents must attend at their own expense an educational program for divorced parents such as "For Kids' Sake" and file with the Court a certificate of their completion prior to a setting on the merits or entry of a final order.

CRITICAL

Applies to

Trial setting request

A request to set a jury trial or contested non-jury merits trial in a family law case must include a representation that mediation was attempted and a mediator letter stating the case did not settle.

4.2. All requests for setting any jury trial or a contested non-jury trial on the merits in a family law case must be accompanied by a representation that mediation has been attempted and a letter from the mediator that the case has not settled.

CRITICAL

Applies to

Trial setting request

A trial setting will not be given until mediation has been attempted or waived after a motion and hearing.

No setting will be given until mediation has been attempted or waived after motion and hearing.

CRITICAL

Applies to

Motion to retain

A motion to retain must be filed with an order attached and allege specific facts showing good cause.

No case will be maintained unless a motion to retain, with order attached, is filed f prior to the hearing, alleging specific facts showing good cause for the case to be I maintained.

CRITICAL

Applies to

Motion to retain

A motion to retain must be filed before the hearing, include an attached order, and allege specific facts showing good cause.

No case will be maintained unless a motion to retain, with order attached, is filed prior to the hearing, alleging specific facts showing good cause for the case to be maintained.

CRITICAL

Applies to

Petition

The Petitioner must attach a copy of the order to the original petition and each copy; if omitted, the Clerk must attach it when the petition is filed.

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.

CRITICAL

Applies to

Hearing setting motion

A hearing in a contested case must be set by written motion with an order attached.

1.1. All hearings in contested cases must be set by written motion with order attached.

CRITICAL

Applies to

Motion

Every motion must list opposing counsel's name, address, telephone and fax numbers, and email address under the certificate of service.

1.6. On all motions, include the opposing counsel's name, address, and telephone and fax numbers and e-mail address under the certificate of service. (As a multi­ county jurisdiction, we do not have local access to all files in every county.)

CRITICAL

Applies to

Application for ex parte relief

An application for ex parte relief must state whether the opposing party is represented and identify counsel if represented.

1.7. Applications for ex parte relief shall state whether the opposing party is represented by counsel and, if so, name said counsel.

CRITICAL

Applies to

Discovery motion hearing request

Must include

certificate of conference

A request for a hearing on a discovery motion must include counsel's certification that an attempt to obtain relief by agreement was unsuccessful.

1.11. Request for hearings on motions regarding discovery must be I accompanied by a certification from the movant's counsel that he has attempted I to obtain relief by agreement and has been unsuccessful.

CRITICAL

Applies to

Amended pleading

Amended pleadings must be in final form at the pretrial hearing.

2.4.1. All amended pleadings must be in their final form;

CRITICAL

Applies to

Income and expense statement

For contested child- or spousal-support hearings, each party must prepare a complete written statement of income and expenses for the previous two years and present it to the Court before the hearing.

3.2. In all contested hearings involving child or spousal support, each party shall prepare a complete written statement of their income and expenses for the ! i previous two years and present same to the Court prior to the hearing. Attached I hereto is a fonn to be used for that purpose.

CRITICAL

Applies to

Property inventory

For contested property hearings, each party must prepare a complete written inventory of community and separate assets and liabilities and present it to the Court before the hearing.

3.3. In all contested hearings involving property, each party shall prepare a complete { written inventory of their assets and liabilities, both community and separate and present same to the Court prior to the hearing.

CRITICAL

Applies to

Divorced parent education completion certificate

In all divorces and motions to modify, both parents must attend an educational program for divorced parents at their own expense and file a completion certificate before a merits setting or final order.

3.4. In all divorces, contested or uncontested, or motions to modify, both parents must attend at their own expense an educational program for divorced parents such as I ! 1. I i r l! "For Kids' Sake" and file with the Court a certificate of their completion prior to a setting on the merits or entry of a fmal order.

CRITICAL

Applies to

Trial setting request

A request to set a jury or contested non-jury merits trial in a family law case must include a representation that mediation was attempted and a mediator letter stating the case did not settle; no setting will be given until mediation is attempted or waived after motion and hearing.

4.2. All requests for setting any jury trial or a contested non-jury trial on the merits in a family law case must be accompanied by a representation that mediation has been attempted and a letter from the mediator that the case has not settled. No setting will be given until mediation has been attempted or waived after motion and hearing.

WARNING

Applies to

Jury questions and instructions

Each party should have suggested jury questions and instructions at the pre-trial hearing.

2.4.2. Each party should have suggested jury questions and instructions;

WARNING

Applies to

Physical evidence

2.4.3. All physical evidence should be listed, marked and available for inspection.

2.4.3. All physical evidence should be listed, marked and available for inspection.

WARNING

Applies to

Judgment

The Community Supervision and Corrections Department prepares probation judgments, while the district attorney or county attorney prepares specified jail and prison judgments unless the Court orders otherwise.

9. Judgments of probation shall be prepared by the Community Supervision and Corrections Department, and judgments with sentences to county jail, SJD-TDCJ or ! ID-TDCJ shall be prepared by the district attorney or county attorney, unless the i f Court orders otherwise.

WARNING

Applies to

Itemized statement

At the end of representation, court-appointed attorneys must provide an itemized account of in-court and out-of-court hours; an order should be attached.

10. All Court-appointed attorneys shall, at the conclusion of their representation of a defendant, provide the Court an itemized statement reflecting the hours spent in Court and the number of hours spent out of Court in representation of said defendant. An order should be attached to the itemized account.

WARNING

Applies to

Non jury trial request

A request for a non-jury trial longer than two hours must be specially requested in writing and will be set at the earliest possible trial date established for non-jury trials.

2.2. All requests for non-jury trials of more than two hours in length shall be specially f requested and shall be set by the Court at the earliest possible trial date on those { i' dates established by the Court for non-jury trials. The request shall be in writing II I

WARNING

Applies to

Jury questions and instructions

Each party should have suggested jury questions and instructions at the pretrial hearing.

2.4.2. Each party should have suggested jury questions and instructions;

WARNING

Applies to

Physical evidence and exhibits

Physical evidence should be listed, marked, and available for inspection; counsel will designate exhibits to which there will be no objection, and the Court will request waiver of predicates where admissibility is not questioned.

2.4.3. All physical evidence should be listed, marked and available for 1. t inspection. Each counsel will designate those exhibits to which no objection t I t will be made. The Court will request that predicates be waived where t admissibility is not questioned.

INFO

Applies to

Exhibits

The Court will request waiver of predicates when admissibility is not questioned.

The Court will request that predicates be waived where admissibility is not questioned.