Guadalupe County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Docket control order

The Court may issue a Docket Control Order on its own motion and must issue one upon a timely party request; the order must set appropriate case deadlines and include a trial setting.

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.

CRITICALCivil cases

Applies to

Small estate affidavit

The affidavit must identify any exempt property as exempt.

If exempt property, so indicate.

CRITICAL

Applies to

Continuance motion

A continuance motion must be accompanied by an order setting the motion for a hearing.

a motion must be filed and accompanied by an order setting the motion for a hearing.

CRITICALCivil cases

Applies to

Small estate affidavit

If the decedent was not a resident of Guadalupe County, the affidavit must include facts supporting venue there.

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.]

CRITICAL

Applies to

Withdrawal notice

If no substitute attorney will appear or the party does not consent to withdrawal, withdrawing counsel must give the client written notice stating that the Court will be asked to grant withdrawal on or after ten days from the notice date.

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.

CRITICALCivil cases

Applies to

Small estate affidavit

The affidavit must list all estate assets and their values.

All assets of the Decedent's estate and their values are listed here.

CRITICALCivil cases

Applies to

Small estate affidavit

The affidavit must indicate whether the decedent was single or married at death and, if married, provide the spouse’s name and marriage date.

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:

CRITICALCivil cases

Applies to

Small estate affidavit

The affidavit must include the affidavits and signatures of all distributees; include additional signature pages as needed for additional distributees.

Affidavits and signatures of .all.Distrihutee(s). As needed, include other signature pages for additional distributees.

CRITICAL

Applies to

Annual report

The guardian must document the facility's no-contact order in the annual report.

The guardian shall document the no contact order from the facility when filling the annual report.

CRITICALCivil cases

Applies to

Small estate affidavit

Citation by posting must be completed before a Small Estate Affidavit is submitted to the Judge.

IT IS FURTHERORDERED that all Small Estate Affidavits are required to have citation by posting completedJ,n ior to its submission to the Judge.

CRITICAL

Applies to

Motion

Except in response to a Court ruling or order, an order may not be filed without an accompanying motion that clearly 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.

CRITICALCivil cases

Applies to

Distributee signature page

Every distributee signature page must include the specified declaration, prayer, and statutory liability notice.

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. "

CRITICAL

Applies to

Ex parte application

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.

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.

CRITICALCivil cases

Applies to

Small estate affidavit

Always complete the separate personal-property and separate real-property share columns; complete the community-property share column if the Decedent was married.

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)

CRITICAL

Applies to

Bench trial setting

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

Presentence investigation report

A Presentence Investigation Report must be conducted before sentencing.

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

CRITICALCivil cases

Applies to

Small estate affidavit

The family-history section must be completed by checking the appropriate boxes and providing additional information as indicated.

[Put check marks in the appropriate small boxes, and provide additional information as indicated.]

CRITICALCivil cases

Applies to

Small estate affidavit

A copy of the decedent's death certificate must be filed in the cause when the Small Estate Affidavit is filed.

A copy of Decedent's death certificate will be filed in this cause number at the time this Affidavit is filed.

CRITICALCivil cases

Applies to

Small estate affidavit

If the decedent was married, the affidavit must state whether each asset was community or separate property and explain why.

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

CRITICAL

Applies to

Plea bargain

Plea bargains will be accepted in writing 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.

CRITICALCivil cases

Applies to

Personal citation

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.

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.

CRITICALCivil cases

Applies to

Small estate affidavit

If the Decedent was survived by none of the listed relatives, list all surviving relatives on a separate page.

.if Decedent was survived by none ofthe above, list all ofthe surviving relatives ofDecedent on a separate page.

CRITICAL

Applies to

Personal citation

The Bill of Rights for Persons under Guardianship must be attached to the personal citation on the proposed ward in all applications to appoint a guardian.

"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

CRITICALCivil cases

Applies to

Small estate affidavit

The affidavit must list all estate debts and liabilities, their values, and all amounts owed but unpaid, including the listed examples.

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.

CRITICAL

Applies to

Motion for consideration

Must include

proposed order

Each motion for consideration must include a proposed order.

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.

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

Order

All counsel must approve agreed orders as to form and content; all other orders require approval 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

Document normally requiring a clerk-administered oath

Documents that would normally require a Clerk-administered oath may instead be notarized privately, but only after testimony to the Court and then e-filed.

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.

CRITICALCivil cases

Applies to

Small estate affidavit

For each distributee, list the person's name, address, telephone number, and email address.

For each Distributee, list: 1. Name 2. Address 3. Telephone number 4. Email address

CRITICAL

Applies to

Motion

Must include

certificate of conference

A motion missing the required certificate may not be set for hearing until the certification is filed.

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

CRITICAL

Applies to

Waiver of right to appearance

A waiver of the right to appear must be signed for a plea in absentia.

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

CRITICALCivil cases

Applies to

Small estate affidavit

Funeral debts and attorney’s fees and expenses that will be paid from estate assets must be listed as liabilities.

If funeral debts or attorney's fees and expenses will be paid from estate assets, list them here.

CRITICAL

Applies to

Objections to proposed order

If opposing counsel objects to the proposed order's form, the objections must be specific, written, and delivered 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.

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.

CRITICALCivil cases

Applies to

Small estate affidavit

Asset descriptions must contain enough detail to identify each asset, including the specified identifying information where applicable.

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.

CRITICALCivil cases

Applies to

Small estate affidavit

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.

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:

CRITICALCivil cases

Applies to

Small estate affidavit

The affidavit requires all distributees and two disinterested witnesses to appear and swear or affirm to the accuracy of its facts.

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:

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 were attempted and failed, with the date, action, and method specified; if a pro se opposing party does not respond, counsel may certify that nonresponse.

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.

CRITICALCivil cases

Applies to

Small estate affidavit

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.

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:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _----:

CRITICAL

Applies to

Plea forms

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

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

CRITICAL

Applies to

Ex parte order

An ex parte order presented to the Court must be accompanied by 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

Minor settlement order

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

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.

CRITICALCivil cases

Applies to

Small estate affidavit

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.

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.

CRITICAL

Applies to

Pretrial conference request

A pretrial conference is required before every jury trial, and the Plaintiff must request one if the Court has not set it.

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.

CRITICAL

Applies to

Final judgment or decree

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.

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.

CRITICAL

Applies to

Arraignment waiver

An arraignment waiver must be in writing and signed by the attorney.

Arraignment may be waived in writing if signed by the attorney and filed prior to the scheduled arraignment.

CRITICALCivil cases

Applies to

Small estate affidavit

For each survivor, provide enough family-history detail to explain the relationship to the Decedent, including names and birth and death dates.

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.

WARNINGCivil cases

Applies to

Small estate affidavit

Report whether all children survived the decedent or identify children who died earlier and provide the requested information about their surviving descendants.

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)

WARNINGCivil cases

Applies to

Small estate affidavit

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).

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).

WARNINGCivil cases

Applies to

Small estate affidavit

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.

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