Grimes County District Court, Texas Document Filing Requirements

Applies to

Petition or responsive pleading

Pro se parties filing a petition or responsive pleading should provide an email address for e-file service, an address, and a current phone number; a party unable to provide that information must file a pleading requesting an exception.

All pro se parties upon filing any petition or responsive pleading should provide an email address for service via efile, as well as address and current phone number. Any parfy unable to provide such information above must file a pleading requesting an exception to this rule.

Applies to

Setting request

Hearing and trial setting requests must be made in writing to the court, and requesting attorneys must serve notice of the request on all counsel and appearing pro se parties.

Requests for hearings and trials in the District Courts shall be made in writing to the court in which the matter is pending, and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the setting request.

Applies to

Setting request

A setting request must use the form posted on the respective court’s webpage.

The setting request shall be in the form as posted on each Court's respective webpage.

Applies to

Motion and response

Must include

proposed order

Motions and responses must be written and accompanied by a proposed order granting or denying the requested relief.

Motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought.

Applies to

Opposed motion or response

Must include

certificate of conference

Opposed motions and responses must include a Certificate of Conference identifying the attempt to resolve the dispute before filing, its date and communication method, or any other court requirement.

Opposed motions and responses shall contain a Certificate of Conference indicating that the counsel involved have attempted to resolve the dispute prior to filing of the motion or response, the date of such attempt and the manner of communication of such an attempt, or any other requirement of the court.

Applies to

Rule 91a motion

A Rule 91(a) motion must state its legal or factual grounds and include a clear, concise argument for each ground with supporting authorities and specific references to the pleadings and evidence.

The motion shall state either that that the cause of action should be dismissed on the grounds that it has no basis in law or fact or both. If claim is to dismiss on the grounds that there is no basis in law, the motion shall state the specific law that if the allegations, taken as true, together with inferences reasonably drawn from them, do not entitle the claimant to relief sought. If claim is to dismiss on the grounds that there is no basis in law, the motion shall state the specific facts that show that no reasonable person could believe the facts that have been plead. The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the pleadings and evidence that show the Rule 9l(a) motion should be granted.

Applies to

Rule 91a response

A Rule 91(a) response must follow the motion’s numerical order and identify the relied-on law, facts, allegations, and inferences, where they appear in the pleadings, and supporting argument and authorities.

The response shall address the motion in the same numerical order established in the motion for Dismissal of Baseless Causes of Action under Rule 9l(a). Any response shall state the specihc law and/or facts relied upon, identiS any allegations, inferences drawn from and/or specific facts relied upon to defeat the motion, and speciff where in the pleadings the allegations, inferences drawn from and/or specific facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specific references to the allegations, inferences drawn from and/or specific facts pled.

Applies to

Opposed motion and response

Must include

certificate of conference

Opposed motions and responses must include a Certificate of Conference stating the effort to resolve the dispute, its date, and its manner of communication, or otherwise satisfying court requirements.

Opposed motions and responses shall contain a Certificate of Conference indicating that the counsel involved have attempted to resolve the dispute prior to filing of the motion or response, the date of such attempt and the manner of communication of such an attempt, or any other requirement of the court.

Applies to

Summary judgment motion

A pre-trial summary judgment motion must number its grounds and identify the supporting facts, their sources and locations in the evidence, and include a concise argument with citations and evidence references for each ground.

The motion shall state the specific grounds thereof in numerical order and shall state the specific facts relied upon in each ground, identifu the source of those facts, and specifu where in the summary judgment evidence the facts are found. The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the summary judgment evidence.

Applies to

Summary judgment response

A summary judgment response must follow the motion’s numerical order and identify its supporting facts, their sources and locations in the evidence, and provide a concise argument with citations and evidence references.

The response shall address the motion in the same numerical order established in the motion for summary judgment. The response shall state the specihc facts relied upon, identifu the source ofthose facts, and specifu where in the summary judgment evidence the facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specihc references to the summary judgment evidence.

Applies to

Continuance order

A proposed order granting or denying a motion for continuance must provide a specific date and time for resetting the trial.

The proposed order granting or denying such motion shall contain a provision for resetting the case for trial on a specific date and time.

Applies to

Motion in limine

The posted Standing Order in Limine applies to civil cases tried in the identified courts, and counsel must file a motion to include additional matters.

The Standing Order in Limine as posted on each of the Court's respective webpage shall apply to all civil cases tried in each of the District Courts and the County Court at Law of Grimes County and should counsel desire that additional matters be included a motion will be required.

Applies to

Jury charge

Each party must prepare and present before trial or jury selection the jury-charge definitions, instructions, and questions on which it bears an affirmative burden, in written and court-specified electronic form.

Each party shall prepare in proper written form and present to the Court prior to trial or the jury selection all jwy charge definitions, instructions and questions which are expected to be raised by the pleadings and evidence and upon which the party has an affrmative burden. The charge shall be provided in both written form and via email, flash drive or other elecffonic form specified by the court.

Applies to

Grand jury minute book

At the beginning of a Grand Jury session, all members present must sign the Grand Jury Minute Book to record their presence and establish that a quorum was present.

When the Grand Jury begins a session, the District Clerk shall have all members present sign the Grand Jury Minute Book as proof of their presence at the session and to make a record of the fact that a quorum was present at the session.

Applies to

Grand jury minute book

For an indictment approved by at least nine Grand Jury members, the Secretary must enter only the session date, indicted person's name, offense, and names of the witnesses on which the indictment is founded in the Grand Jury Minute Book.

When a true bill of indictment is voted in the affirmative by at least nine members of the Grand Jury, the following information shall be entered by the Secretary of the Grand Jury in the Grand Jwy Minute Book, and nothing else, to wit: 1. the date ofthe session; 2. name of the person indicted; 3. offense; and 4. names of the witnesses upon which the indictment is founded.

Applies to

Certificate of no bill

When fewer than nine affirmative votes support a true bill, the Foreperson must sign a Certificate of No-Bill certifying that the case was presented to the Grand Jury and a no-bill was returned.

When a defendant is "no-billed", meaning that a case was presented to the grand jury regarding an individual and less than nine affirmative votes were given for a true bill of indictment, a Certificate of No-Bill shall be signed by the Foreperson certifoing that the case was presented to the Grand Jury and that a no-bill was returned.