Guadalupe County Courts at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
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Chambers
Document Format Requirements7 rules
Administrative Order Requiring the Use of the Court's Approved Form for Small Estate Affidavits
- Small estate affidavit
Formatting
- •Use the court-approved form
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.
Formatting
- •The request must be in writing
A Small Estate Affidavit must use the Court-approved form, including any future modification posted on the Court's website, to be approved.
Court's wording
It is therefore ORJ)ERED that the Guadalupe County Probate Court will not approve any Small Estate Affidf}vit unless it uses the approved form posted on the Court's website (or whatever modification of the approved form is posted in the future) and attached hereto as Exhibit "A".
Administrative Order Requiring the Use of the Court's Approved Form for Small Estate Affidavits
- Small estate affidavit
Formatting
- •Use the Court's approved form
Physical evidence offered at a remote detention hearing must be displayed so the court, attorneys, parties, and witness can view it at the same time.
Court's wording
D. Presentation and retention of physical evidence during remote proceeding detention hearings will be conducted as follows: Any physical evidence offered at a remote proceeding detention hearing must be displayed so that the court, attorneys, parties, and witness can view it simultaneously.
A testifying party or witness must be clearly visible and identifiable on camera, or the Court will not allow the person to testify or continue testifying.
Court's wording
C. The camera of any party or witness who provides testimony must provide an unobstructed view of the party or witness providing testimony. An unobstructed view, for the purposes of this plan, means that the individual can be clearly seen, identified, and heard without any barrier other than a clean camera lens. Consistent with constitutional confrontation requirements, if a party or witness is not on camera, or cannot be clearly seen, the Court will not allow the person to testify or continue to testify unless the witness complies with the requirement of an unobstructed view.
When practicable, digital copies of physical evidence that can be prepared should be emailed to the court, court reporter, and counsel before the hearing.
Court's wording
E. When digital copies of physical evidence can be prepared, such as audio / video recordings, documents, or images, the digital copies should be emailed to the court at kathy@co.guadalupe.tx.us, court reporter at stacey.sharron@co.guadalupe.tx.us and to counsel for the parties before the hearing if practicable.
Document Filing Requirements66 rules
"Bill of Rights for Persons under Guardianship" to be Attached to the Personal Citation on the Proposed Ward in All Applications to Appoint a Guardian
When a guardianship application is filed, the Clerk must attach the Bill of Rights for Persons under Guardianship to each covered personal citation issued to a proposed ward.
Court's wording
It is therefore ORDERED that when an application for guardianship is filed, the Clerk must attach to each personal citation on a proposed ward issued under either Texas Estates Code § 1051.1 03 (a)(1 ) or Texas Estates Code § 1251.005 the "Bill of Rights for Persons under Guardianship" that is attached to this Order, informing the proposed ward of the proposed ward's rights if he or she is placed under a guardianship.
a motion must be filed and accompanied by an order setting the motion for a hearing.
The Courts may on their own motion; and shall upon the timely request of any party, issue a Docket Control Order which shall set the appropriate deadlines for the case and shall include a trial setting.
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.
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.
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.
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.
Final judgments and decrees must be reduced to writing by counsel designated by the Court and forwarded to the Court and opposing counsel for approval as to form.
Court's wording
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 form.
Counsel presenting an ex parte application must provide a written verification addressing whether opposing counsel is absent, notified and declines to be heard, or could not be notified despite diligent efforts.
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.
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 failed to respond.
No ex-parte order shall be presented to the Court unless accompanied by a copy of the application or motion.
Prior to all jury trials, there shall be a pretrial conference. If a pretrial conference has not been set by the Court, the Plaintiff shall be responsible for requesting a pretrial conference.
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.
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.
For a plea in absentia, a waiver of right to appearance form must be signed.
Regarding pleas of guilty/nolo contendere, all forms must be signed by all parties.
Arraignment may be waived in writing if signed by the attorney and filed prior to the scheduled arraignment.
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.
In criminal cases, a Presentence Investigation Report will be conducted prior to sentencing.
Plea bargains will be accepted in writing through the end of business day on the Friday of the week of Announcement Setting.
Have all exhibits pre-marked by attorneys before trial and provide a list to the court reporter.
documents normally requiring the Clerk to administer an oath will be suspended in favor of private notaries, but only if such document is notarized after testimony is given to the Court in the proceeding, and then e-filed.
The guardian shall document the no contact order from the facility when filling the annual report.
Finally, all Motions for consideration by this court shall be accompanied by a proposed Order and be submitted no later than three business days prior to the hearing, unless good cause is shown.
- Document
- Motion for consideration
Must include
- •Proposed order
IT IS FURTHERORDERED that all Small Estate Affidavits are required to have citation by posting completedJ,n ior to its submission to the Judge.
If the decedent was not a resident of Guadalupe County, the affidavit must include facts supporting venue there.
Court's wording
Decedent was a resident of and domiciled in County, Texas, at the time of Decedent's death. (If not Guadalupe County, the affidavit must include facts supporting venue in Guadalupe County.]
A copy of Decedent's death certificate will be filed in this cause number at the time this Affidavit is filed.
The affidavit requires all distributees and two disinterested witnesses to appear and swear or affirm to the accuracy of its facts.
Court's wording
On the dates indicated below, all of the Distributees of this estate and two disinterested witnesses personally appeared and, on their oath, did swear or affirm to the accuracy of the following facts, pursuant to Chapter 205 of the Texas Estates Code:
If exempt property, so indicate.
Include
- •If exempt property, so indicate
All assets of the Decedent's estate and their values are listed here.
If the decedent was married, the affidavit must state whether each asset was community or separate property and explain why.
Court's wording
If decedent was married, indicate: 1. whether each asset was community or separate property, and 2. mm.that explain why the asset was community or separate
Asset descriptions must contain enough detail to identify each asset, including the specified identifying information where applicable.
Court's wording
List with enough detail to identify exactly what the asset is. For example, give bank name and last four digits of an account number; give life insurance company name; give description of car plus VIN number; give address &legal description of realproperty.
Family History #1: Marriage. o On the date of Decedent's death, Decedent was a single person. o On the date of Decedent's death, Decedent was married to_ _ _ _ _ _ _ _ _ _ __ The date they were married:
[Put check marks in the appropriate small boxes, and provide additional information as indicated.]
The affidavit must list all estate debts and liabilities, their values, and all amounts owed but unpaid, including the listed examples.
Court's wording
Alliiabilities/debts of the Decedent's estate and their values are listed here. The affidavit must list all of Decedent's debts and other liabilities including all credit card balances, doctor and hospital bills, utility bills, etc. - everything owed by Decedent or Decedent's estate and not paid off.
If funeral debts or attorney's fees and expenses will be paid from estate assets, list them here.
If distributees have paid or will pay attorney’s fees that were not listed as a liability, the affidavit must state the amount and who paid or will pay them.
Court's wording
Ifyou did not list attorney's fees as a liability above but one or more distributees have paid or will pay attorney's fees for this small estate affidavit, indicate the amount ofthose fees here: $________. Also indicate who has paid or will pay the fees:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _----:
Always complete the separate personal-property and separate real-property share columns; complete the community-property share column if the Decedent was married.
Court's wording
Share of separate Share of separate Share of decedent's personal property real property community property (always fill out this (always fill out this (fill out this column if column) column) decedent was married)
.if Decedent was survived by none ofthe above, list all ofthe surviving relatives ofDecedent on a separate page.
For each distributee, list the person's name, address, telephone number, and email address.
Court's wording
For each Distributee, list: 1. Name 2. Address 3. Telephone number 4. Email address
Everyone must complete the chart listing all heirs at law and their fractional interests, after consulting items 13 and 15 and pages 4–6 of the checklist.
Court's wording
EVERYONE MUST FILL OUT THE FOLLOWING CHART. Before filling out the chart, see #13 & #15 and pages 4-6 of the Court's Small Estate Affidavit Checklist. L. Based on the family history given in this Affidavit, the following chart lists all of the Decedent's heirs at law, together with their fractional interests in Decedent's estate:
Fill out a separate page (or pages) i£.Decedent was survived by l11ll:1£....ofthefollowing: spouse, child, grandchild, parent, brother, sister, half-brother, half-sister, niece, or nephew.
SpecifY Decedent's family history with respect to each ofthe survivors, giving sufficient detail about names, birth dates, death dates, and relationships to explain how each survivor is related to Decedent.
Affidavits and signatures of .all.Distrihutee(s). As needed, include other signature pages for additional distributees.
Every distributee signature page must include the specified declaration, prayer, and statutory liability notice.
Court's wording
Every signature page for a distributee must include the box below: We, as Distributees ofthe Decedent and as indicated by our signatures below, do solemnly swear or affirm the following: • the foregoing Affidavit was completed by persons who have actual knowledge ofthe stated facts; • all ofthe facts stated in the foregoing Affidavit are true and complete; and • each ofus has legal capacity. We pray that this Affidavit be filed in the records ofthe Guadalupe County Clerk; that the same be approved by the Court; and that the Clerk issue certified copies ofthis Affidavit and the order approving it as evidence ofDistributees ' right to inherit the property ofDecedent as described above. We understand that Estates Code §205.007(c) provides that "[e}ach person who execute[s} [this} affidavit is liable for any damage or loss to any person that arises from a payment, delivery, transfer, or issuance made in reliance on the affidavit. "
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.
Attorneys should carefully review all conditions with the defendant prior to sentencing and provide the signed form to the prosecutor.
A death certificate should be brought to the hearing to be reviewed for accuracy and will be returned at the hearing.
If the person under guardianship is unable to participate, the Guardian should obtain a status report from staff that has regular contact with the resident.
Iflist is continued on another page, please note.
If none, write "none."
Include
- •If none, write "none."
Report whether all children survived the decedent or identify children who died earlier and provide the requested information about their surviving descendants.
Court's wording
0 All of Decedent's children, by birth or adoption, were alive when Decedent died. OR 0 The following of Decedent's children, by birth or adoption, died before the Decedent's death and were survived by children (or grandchildren or great-grandchildren): Name of deceased child (followed by Names of all children of the deceased child Date child the name of the deceased child's other (if any of these children died before Oecedent, use a separate page to died parent in parentheses) give date of death, plus names & birth dates of all grandchildren)
IfDecedent was survived by any children, grandchildren, or great-grandchildren, you do not need to answer Family History #4 about Parents or Family History #5 about Sisters and Brothers. You may skip to "L" (following #5).
Identify any child who died before the decedent and was not survived by children, grandchildren, or great-grandchildren, and provide the child's name and date of death.
Court's wording
0 The following of Decedent's children, by birth or adoption, died before the Decedent's death and were not survived by any children, grandchildren, or great-grandchildren: Name of deceased child Date child died
Family History #3: Children, part 2. Answer if Decedent had any children.
(Continue list as necessary. Iflist is continued on another page, please note.)
0 The following children were born to or adopted by Decedent. List ~children, whether or not the child is still alive and whether or not parental rights were later terminated. If parental rights were terminated for any child, give details on separate page(s).
The following information about Decedent's sisters and brothers is not needed if Decedent was survived by both parents or by children, grandchildren, or great-grandchildren.
(Continue list as necessary.1flist is continued on another page, please note.)
List all siblings alive when the decedent died, including half-siblings; write “none” if there are none and give the date of death for any listed sibling who is now deceased.
Court's wording
0 The following are all of Decedent' s brothers and sisters who were alive on the date Decedent died, including half-brothers and half-sisters who were born to either of Decedent's parents. If none, write "none." If any of the following are now deceased, indicate date of death. Name of brother or sister State whether full or half-sibling Birth date
List siblings, including half-siblings, who died before the decedent; write “none” if there are none and provide the requested death, sibling-status, and surviving-child information.
Court's wording
0 The following of Decedent's brothers and sisters (including half-brothers and half-sisters who were born to either of Decedent's parents) died before Decedent's death. If none, write "none." Name of deceased brother or Full or Names of all children of the deceased brother Birth dates of nieces sister (followed by the date of half or sister (nephews and nieces of Decedent) &nephews death in parentheses) sibling? that were alive on the date Decedent died
Filing & Service rules
Electronic Filing Rules
A document using the private-notary alternative must be e-filed after it is notarized following testimony to the Court.
documents normally requiring the Clerk to administer an oath will be suspended in favor of private notaries, but only if such document is notarized after testimony is given to the Court in the proceeding, and then e-filed.
Page 1 | Telephonic hearings, live stream hearings, and evidence
Evidence may be submitted by email for use in hearings.
Evidence may be submitted using email for use in hearings.
Page 2 | Telephonic hearings, live stream hearings, and evidence
Filing Timing and Cure Windows
A civil jury trial setting request must be filed by the docket-call date two months before the requested trial, unless the Court orders otherwise or 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 5 | C. Requests for civil jury trial settings
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 its form 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.
Page 6 | RULE 1.8 ORDERS AND DECREES SUBMISSION TIMELINE
Within 20 calendar days after rendition, announcement of the Court's ruling, or announcement of settlement, Court-designated counsel must reduce final judgments and decrees to 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 form.
Page 6 | RULE 1.8 ORDERS AND DECREES SUBMISSION TIMELINE
Arraignment may be waived in writing if signed by the attorney and filed prior to the scheduled arraignment.
Arraignment may be waived in writing if signed by the attorney and filed prior to the scheduled arraignment.
Page 11 | RULE 3.1 ARRAIGNMENT
Untimely motions are waived, and the case is set for an Announcement Setting.
If no timely motions are filed, motions are waived and the case will be set to an Announcement Setting.
Page 11 | RULE 3.3 CONTESTED MOTIONS SETTING
Written plea bargains are accepted through the end of business on Friday of the week of the 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 12 | RULE 3.4 ANNOUNCEMENT SETTING
The Court must receive all required documents 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.
Page 13 | RULE 4.6 PROBATE, JUVENILE AND SPECIALTY COURTS, A. Probate Court
Motions for consideration must be submitted at least three business days before the hearing unless good cause is shown.
Finally, all Motions for consideration by this court shall be accompanied by a proposed Order and be submitted no later than three business days prior to the hearing, unless good cause is shown.
Page 2 | Motions for consideration
If the offering party is not in court when physical evidence that cannot be digitized is offered, the evidence must be tendered to the court no later than three days after the remote proceeding.
F. Physical evidence which cannot be rendered in digital form shall be tendered to the court no later than 3 days after the remote proceeding if the party offering the evidence is not present in the court when it is offered.
Criminal cases
Page 2 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding
If no motions are filed seven days before the setting, one additional Motions setting is permitted.
If no motions are filed seven (7) days prior to setting, one (1) additional Motions setting is permitted.
Page 11 | RULE 3.3 CONTESTED MOTIONS SETTING
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 12 | RULE 3.6 JURY TRIALS
Service and Proof of Service Rules
Citations for all small estate affidavits authorized by TEC §205.001 must be made by posting.
Order Requiring Citation by Posting of All Small Estate Affidavits Authorized by TEC §205.001
Page 1 | Standing Orders
When a small estate affidavit is filed, the Clerk must require citation to all interested parties by posting.
IT IS THEREFORE ORDERED that upon the filing of an affidavit for Collection of Small Estates Upon Affidavit under Texas Estates Code §20S.00 1 et seq., the Clerk shall require citation to all parties interested in the estate by posting under §51.053 of the Texas Estates Code.
Civil cases
Page 1 | ORDER REOUIRING CITATION BY POSTING OF ALL SMALL ESTATE AFFIDAVITS AUTHORIZED BY TEXAS ESTATES CODE §205.001 Et. Seq.
Non-jury settings require at least 10 days' notice to opposing counsel or parties, unless a statute 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 5 | RULE 1.5 TRIAL SETTINGS
A copy of each civil jury trial setting request must be delivered to the Court Coordinator and 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 5 | C. Requests for civil jury trial settings
The submitting attorney must provide opposing counsel and/or pro se parties a copy of the order 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 6 | RULE 1.7 ORDERS SENT TO JUDGES
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.
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.
Page 6 | RULE 1.8 ORDERS AND DECREES SUBMISSION TIMELINE
Unless the Court orders otherwise, parties must serve or exchange exhibit lists and make exhibits available for inspection, witness lists, deposition-excerpt designations, and motions in limine at least 14 days before the pretrial conference.
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; c. Designation of deposition excerpts (written or electronic); d. Motion in Limine.
Page 7 | RULE 2.2 PRETRIAL CONFERENCE
The required notice to the client must be sent by certified mail, return receipt requested.
Notice shall be sent by certified mail, return receipt requested.
Page 8 | RULE 2.3 WITHDRAWAL OF COUNSEL — B. Notice to Client
Parties must serve objections to the listed pretrial materials, including objections to each party's exhibits, no later than seven days after receiving those materials.
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 8 | RULE 2.2 PRETRIAL CONFERENCE
Citation for small estate affidavits authorized by TEC §205.001 must be by posting.
Order Requiring Citation by Posting of All Small Estate Affidavits Authorized by TEC §205.001
Page 1 | Standing Orders
Pre-Motion Conference Requirements
Before filing a motion, moving counsel must confer with counsel for all affected parties about whether it 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 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 7 | RULE 2.2 PRETRIAL CONFERENCE
Adjournment & Extension Requirements
A continuance or request to pass, postpone, or reset a hearing requires either all parties’ counsel to consent or nonjoining parties to be notified and given an opportunity to object; the Court may still deny it 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 4 | RULE 1.3 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — A. Consent or Notice Required
Unless all parties’ counsel consent in writing and the Court approves the continuance, a motion must be filed.
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
Page 4 | RULE 1.3 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — B. Contents of Motion
Trial counsel must attend the pretrial conference prepared to announce whether they are ready, and a "not ready" announcement must be accompanied by a motion for continuance.
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 8 | RULE 2.2 PRETRIAL CONFERENCE
The order-submission timeline may be expanded upon written motion showing good cause.
The timeline may be expanded upon written motion for good cause shown.
Page 6 | RULE 1.8 ORDERS AND DECREES SUBMISSION TIMELINE
If an order or final judgment is not furnished within the applicable period, 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 6 | B. Continuance or Dismissal if Written Order Not Furnished
Each side is generally allowed one continuance; additional continuance requests 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 12 | RULE 3.6 JURY TRIALS
Chambers Communication Rules
Anyone seeking information from the Court must direct the inquiry to the Court Coordinator.
Any person seeking information from the Court regarding any matter whatsoever shall direct such inquiry to the Court Coordinator.
Page 2 | D. Ex-Parte Communications Prohibited; Inquiries Directed to the Court
Emails responding to an inquiry must include the sender's full name, mailing address, phone number, and, if applicable, State Bar number.
Such emails shall include the full name, mailing address, phone number and State Bar number (if applicable) of the sender.
Page 2 | D. Ex-Parte Communications Prohibited; Inquiries Directed to the Court
Counsel must communicate conflicts to the Court Coordinator before the setting.
communicate conflicts with the Court Coordinator in advance of the setting.
Page 2 | E. Conduct Required of Counsel
Ex parte communications with the Court are prohibited, including electronic communications.
All ex-parte communications with the Court by attorneys, pro se parties, and any other persons are prohibited. This prohibition includes, but is not limited to, electronic communications.
Page 2 | D. Ex-Parte Communications Prohibited; Inquiries Directed to the Court
Emails to the Judge responding to an inquiry must be copied to all attorneys of record and any pro se parties.
Emails sent to the Judge's email address in response to an inquiry shall be copied to all attorneys of record as well as any pro se parties.
Page 2 | D. Ex-Parte Communications Prohibited; Inquiries Directed to the Court
Regular non-jury matters must be scheduled with the Court's Coordinator.
A. All matters to be heard on regular non-jury days shall be set with the Court's Coordinator.
Page 5 | RULE 1.5 TRIAL SETTINGS
Three pretrial non-jury discovery settings are permitted; both parties must approach the Court to request any additional settings.
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.
Page 11 | RULE 3.2 PRETRIAL NON-JURY SETTINGS
Additional continuance requests 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 12 | RULE 3.6 JURY TRIALS
An attorney with two or more cases set for trial at the same time 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 4 | RULE 1.4 CONFLICTS IN SETTINGS — A. Duty of Counsel to Notify Court
All parties must notify the Court Coordinator as soon as practical of settlements and cancellations of trials or settings.
B. All parties shall be responsible for notifying the Court Coordinator as soon as practical of settlement, cancellations of trial and/or settings.
Page 5 | RULE 1.5 TRIAL SETTINGS
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.
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 11 | RULE 3.2 PRETRIAL NON-JURY SETTINGS
The Judge may delete unsolicited emails without opening them.
Unsolicited emails sent to the Judge's email address may be deleted without being opened.
Page 2 | D. Ex-Parte Communications Prohibited; Inquiries Directed to the Court
Attorneys and staff may contact the County Judge’s office by phone or consult its website about which court handles these cases.
All other cases shall be filed and heard in County Court-At-Law. Please have attorneys and staff contact our office at (830)303-9702 or refer them to our website: http://www.co.guadalupe.tx.us/pro bate/probate.php
Civil cases · Court notice
Page 1 | Uncontested types of cases handled in County Court