Guadalupe County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Notice of hearing

A notice of hearing is required to set a case on the docket.

A notice of hearing is required for cases to be set on the docket

CRITICALCriminal cases

Applies to

Attorney fee voucher

The attorney fee voucher includes a certification that the information is true and correct and that the claimed compensation and expenses were reasonable and necessary.

21. Attorney Certification- I, the undersigned attorney. Certify that the above information is true and correct and in accordance with the laws of the State of Texas. The compensation and expenses claimed were reasonable and necessary to provide effective assistance of counsel.

CRITICAL

Applies to

Evidentiary objection statement

Counsel must provide a written statement identifying the designated deposition page and line references subject to evidentiary objections and the basis for each objection; failure to object timely waives the objections.

Counsel shall also provide a written statement of page and line references to their respective designations on which they seek a ruling on any evidentiary objections, including the basis for the objections. Failure to timely object will be deemed a waiver of any objections.

CRITICAL

Applies to

Proposed jury charge

A proposed jury charge must include questions, definitions, instructions, and citations to the Texas Pattern Jury Charge and other supporting authority.

Each party shall file and serve on all other parties a proposed jury charge, including questions, definitions, and instructions, which shall include citations to the Texas Pattern Jury Charge and other authority that supports the submission.

CRITICAL

Applies to

Evidentiary objection statement

Counsel must provide a written statement identifying cross-designation page and line references subject to evidentiary objections and the basis for each objection; failure to object timely waives the objection.

Counsel shall provide a written statement of page and line references to cross- designations on which they seek a ruling on any evidentiary objections, including the basis for the objections. Failure to timely object will be deemed a waiver of the objection.

CRITICAL

Applies to

Motion to set hearing

A contested-case hearing must be set by written motion with an attached Notice or Order Setting Hearing that states the estimated time allocation.

All hearings in contested cases shall be set by written motion with a Notice or Order Setting Hearing attached. The Notice or Order Setting Hearing shall contain an estimated time allocation for the hearing.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Every motion must certify that counsel conferred or made reasonable efforts to confer with all parties about the setting’s date, time, and format.

every motion shall include a certification that "counsel has conferred with (or made reasonable efforts to confer with) all parties about the date, time, and format of the setting"

CRITICAL

Applies to

Motion

Must include

certificate of conference

Every non-dispositive motion must include one of the specified certifications about efforts to resolve or narrow the issues with affected parties.

every motion (other than dispositive motions) shall also certify that : • "Counsel has conferred with all parties who may be affected by the relief sought in this motion in a good faith effort to resolve or narrow the issues raised ."; or • "Counsel has made reasonable efforts to confer with all parties who may be affected by the relief sought in this motion but has been unable to do so."

CRITICAL

Applies to

Setting request

Each setting request must estimate the total hearing time for all matters and participants.

Each request for a setting shall include an estimate of the total time required for the entire hearing, on all matters, for all participants.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A hearing request on a motion to compel discovery must include counsel’s certification that agreement was attempted but unsuccessful, or the request will not be granted.

Requests for hearings on any motions related to compelling discovery in any form shall be accompanied by a certification from movant's counsel that they have attempted to obtain relief by agreement and have been unsuccessful. No hearing request will be granted on motions relating to compelling discovery without the required certification.

CRITICAL

Applies to

Proposed jury charge

Each side must present a proposed jury charge at the civil announcement docket.

At the civil announcement docket, each side shall present to the court a proposed jury charge.

CRITICAL

Applies to

Jury charge

When ordered by the Court, counsel must prepare the final jury charge with the Court’s required changes or modifications.

Upon the Court's order, counsel shall prepare the jury charge in its final form making changes or modifications ordered by the court.

CRITICAL

Applies to

TRO

A presented TRO affecting possession of or access to a child must include a statement that conferral attempts were unsuccessful or that the respondent is unrepresented.

When presenting a TRO that affects possession of or access to a child the requesting party shall include a statement that either (a) attempts have been made to confer with opposing counsel and have been unsuccessful or (b) the respondent is unrepresented at this time.

CRITICAL

Applies to

Pretrial forms

Before a hearing on temporary or interim orders in a divorce or parent-child relationship suit, each party must prepare and deliver the required pre-trial forms.

Before any hearing on temporary or interim orders in any divorce suit or suit affecting the parent-child relationship (which include, but are not limited to, modification suits, paternity suits, and original suits) each party shall prepare and deliver pre-trial forms as follows:

CRITICAL

Applies to

Financial information sheet

In suits involving child support or spousal maintenance, each party must deliver a fully completed and signed Financial Information Sheet using the court website form.

In any suit requiring a determination of child support or spousal maintenance, each party shall prepare and deliver a Financial Information Sheet using the form posted on the Guadalupe County District Courts' website, fully completed and signed by the party.

CRITICAL

Applies to

Financial records and stipulation

Unless the parties agree or stipulate to income or net resources, each party must provide specified financial records to the judge at the hearing and the opposing party beforehand; any stipulation must be written and signed by all parties.

Additionally, unless the parties agree or stipulate to a party's income and/or net resources as defined by the Texas Family Code, each party is required to furnish copies of the party's preceding four payroll statements or paystubs and the party's preceding year's income tax return (if the tax return has been filed), and preceding year's W-2 to the judge (but not the file) at the time of the hearing and to the opposing party prior to the hearing. If the parties agree to stipulate, the stipulation must be in writing and signed by all parties.

CRITICAL

Applies to

Proposed parenting plan

In suits involving conservatorship or possession and access, each party must provide a completed and signed Proposed Parenting Plan, a jointly signed agreed plan, or a brief-sentence summary of the requested relief in a Proposed Disposition of Other Issues.

In any suit requiring a determination or modification of conservatorship, or possession and access to a child, each party shall prepare and deliver a Proposed Parenting Plan, pursuant to Texas Family Code §153.603, fully completed and signed by the party, a single agreed Proposed Parenting Plan signed by both parties, or shall summarize the relief in brief complete sentences as part of a Proposed Disposition of Other Issues.

CRITICAL

Applies to

Proposed disposition of issues

Each party must deliver a Proposed Disposition of Issues separately stating, in brief complete sentences, each requested trial decision not covered by a Proposed Parenting Plan.

Each party shall prepare and deliver a Proposed Disposition of Issues, which shall state separately, in brief complete sentences each trial decision that is sought by the party that is not covered by a Proposed Parenting Plan .

CRITICAL

Applies to

Required pretrial form

Each party must deliver the required form to the opposing party and the judge hearing the case.

Each party shall deliver the required form to the opposing party and to the judge hearing the case.

CRITICAL

Applies to

Required pretrial form

Each party must deliver the required form to the opposing party before the case is called and to the judge at the hearing.

Each party shall deliver the required form to the opposing party before the case is called for hearing, and to the judge at the time of the hearing.

CRITICAL

Applies to

Proposed property division

In a divorce suit, each party must deliver a completed and signed Proposed Property Division, or the parties may deliver one agreed and jointly signed form; an editable electronic spreadsheet showing assets may be provided to the court at the beginning of trial instead.

In a divorce suit, each party shall prepare and deliver a Proposed Property Division using the form posted on the Guadalupe County District Courts' website, fully completed and signed by the party, or a single agreed Proposed Property Division, signed by both parties. In lieu of the Proposed Property Division form, a copy of a spreadsheet showing assets shall be provided to the court in an editable electronic format at the beginning of trial.

CRITICAL

Applies to

Proposed support decision

In a suit requiring a determination of child support or spousal maintenance, each party must deliver a completed and signed Proposed Support Decision using the court-posted form.

In any suit requiring determination of child support or spousal maintenance, each party shall prepare and deliver a Proposed Support Decision using the form posted on the Guadalupe County District Courts' website, fully completed and signed by the party.

CRITICAL

Applies to

Financial records

At trial, unless the parties agree or stipulate to income or net resources, each party must furnish the court without filing and furnish opposing parties the party’s federal tax returns for the prior two calendar years, or specified payroll and tax documents if returns were not filed.

Additionally, in any suit requiring a determination of child support or spousal maintenance, unless parties agree or stipulate to a party's income and/or net resources as defined by the Texas Family Code, each party is required to furnish to the court (but not file), and to opposing parties, copies of the following at the time of trial: 1. The party's federal income tax returns for the previous two calendar years, or if no such return(s) have been filed, then all payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-1 for such years;

CRITICAL

Applies to

Financial records

At trial, unless the parties agree or stipulate to income or net resources, each party must furnish the court without filing and furnish opposing parties the listed payroll and tax documents for the trial year from January 1 through trial.

Additionally, in any suit requiring a determination of child support or spousal maintenance, unless parties agree or stipulate to a party's income and/or net resources as defined by the Texas Family Code, each party is required to furnish to the court (but not file), and to opposing parties, copies of the following at the time of trial: 2. All payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-1 for the calendar year of the trial from January 1 through the date of trial.

CRITICAL

Applies to

Proposed parenting plan

In a suit involving conservatorship or possession and access, each party must deliver a completed and signed Proposed Parenting Plan, the parties may deliver one agreed and jointly signed plan, or the requested relief must be summarized in brief complete sentences in a Proposed Disposition of Other Issues.

iv. In any suit requiring a determination or modification of conservatorship, or possession and access to a child, each party shall prepare and deliver a Proposed Parenting Plan, pursuant to Texas Family Code §156.603, fully completed and signed by the party, a single agreed Proposed Parenting Plan signed by both parties, or shall summarize in the requested relief in brief complete sentences as part of a Proposed Disposition of Other Issues.

CRITICAL

Applies to

Motion for additional hearing time

If a party believes that additional time will be needed at the temporary or interim orders hearing that party may file a motion requesting additional time . The motion requesting additional time shall be supported by facts that show why additional time is needed in order to fully and fairly consider all issues, shall include how much additional time is requested, and shall be e-filed and then presented to the Court Administrator for the District Court assigned to the case. Each District Judge w ill consider, at their discretion, granting or denying additional time.

If a party believes that additional time will be needed at the temporary or interim orders hearing that party may file a motion requesting additional time . The motion requesting additional time shall be supported by facts that show why additional time is needed in order to fully and fairly consider all issues, shall include how much additional time is requested, and shall be e-filed and then presented to the Court Administrator for the District Court assigned to the case. Each District Judge w ill consider, at their discretion, granting or denying additional time.

CRITICAL

Applies to

Proposed disposition of other issues

Each party must prepare and deliver a Proposed Disposition of Other Issues stating uncaptured requested trial decisions in brief, complete sentences.

Additionally, each party shall also prepare and deliver a Proposed Disposition of Other Issues, which shall state briefly in brief complete sentences each trial decision that is sought by the party that is not covered by the Proposed Property Division, Proposed Support Decision, or Proposed Parenting Plan.

CRITICAL

Applies to

Time announcement

When a Motion to Confer is filed and set with a final trial on the merits, the time for the court to confer with the child must be included in the parties’ time announcement.

If a Motion to Confer is filed and set with a final trial on the merits, the parties shall include the time the court will confer with the child in their time announcement.

CRITICAL

Applies to

Divorce

For a divorce involving children, the parties must file proof of completing a four-hour parenting class before asking the court to render the divorce.

If the divorce involves children, the parties shall file a certificate of completion showing that a 4 hour parenting class has been completed prior to requesting the court render the divorce.

CRITICAL

Applies to

Proposed order

Each draft order must have a heading showing the cause number, case style, and court.

each such draft shall have a heading showing the cause number, the style of the case, and the court in which it is pending.

CRITICAL

Applies to

Proposed order

The word “entered” must not be used to show the date a judgment, decree, or order is signed.

The word "entered" shall not be used to show the date on which a judgment, decree, or order is signed.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must be presented at a hearing after notice to the client and all other parties unless the attorney files the specified written consents and a certificate of the client’s last known mailing address.

A motion to withdraw from representation shall be presented at a hearing after notice to the client and all other parties unless the moving attorney: a. Files written consent to the withdrawal signed by all other parties; b. Files a written consent to the withdrawal signed by the client; and c. Files a certificate stating the last known mailing address of the client.

CRITICAL

Applies to

Motion to substitute

A motion to substitute must be signed by all parties.

A motion to substitute shall be signed by all parties

CRITICAL

Applies to

Judgment

For defendants committed to the specified facilities, the County Attorney must prepare the judgment unless the Court directs otherwise, and the judgment must be presented within three business days of sentencing.

Judgements where defendants are committed to TDCJ-ID, or TDCJ State Jail Division , or Guadalupe County Jail shall be prepared by the County Attorney, unless otherwise directed by the Court. Judgements where defendants are committed to TDCJ-ID, or TDCJ State Jail Division, or Guadalupe County Jail shall be presented to the court within three business days of sentencing.

CRITICAL

Applies to

Proposed jury charge

State and defense attorneys must deliver a proposed charge to the Court on the Monday trial commences and before jury selection begins.

The attorneys for the state and the defense shall deliver to the Court a proposed charge on the Monday the trial commences. The charge shall be provided prior to the commencement of jury selection .

CRITICAL

Applies to

Final jury charge

When ordered by the Court, the State must prepare the final jury charge incorporating the Court’s directed changes or modifications.

Upon order of the Court, the State shall prepare the jury charge in its final form making changes or modifications at the direction of the Court.

CRITICAL

Applies to

Fee voucher attachment

At the conclusion of representation, court-appointed attorneys must provide the Court an itemized statement of in-court and out-of-court hours spent representing the defendant.

All court appointed attorneys shall, at the conclusion of the representation of a defendant, provide the court with an itemized statement reflecting the hours spent in court and the number of hours spent out of court in representation the defendant.

CRITICAL

Applies to

Fee voucher attachment

The itemized statement may be submitted only as an attachment to the fee voucher.

The statement may only be submitted as an attachment to the fee voucher.

CRITICAL

Applies to

Divorce decree

If the divorce decree involves property, it must include the legal description and information about the bank or lienholder.

6. If the divorce/decree involves property, you MUST include the proper legal description and information concerning the bank or lienholder.

CRITICAL

Applies to

Divorce decree

When children were born during the marriage, the decree must address custody and whom the children will live with.

a. Provision for custody of the children and with whom they will live.

CRITICAL

Applies to

Divorce decree

When children were born during the marriage, the decree must include a visitation schedule.

b. A schedule of visitation.

CRITICAL

Applies to

Divorce decree

When children were born during the marriage, the decree must provide for their health insurance coverage.

c. Provision for the children to be covered by health insurance.

CRITICAL

Applies to

Divorce decree

When children were born during the marriage, the decree must provide for child support under the Texas Family Code guidelines.

d. Provision for child support in accordance with the guidelines in the Texas Family Code.

CRITICAL

Applies to

Divorce decree

Child support cannot be waived without court approval, which the court says will rarely be given.

CHILD SUPPORT CANNOT BE WAIVED without the approval of the Court which will rarely be given.

CRITICAL

Applies to

Divorce decree

If a child born during the marriage is not the spouse's child, the decree must list the child and paternity must be established.

e. If a child is not the child of the spouse but was born during the marriage, the child MUST be listed in the decree and paternity MUST be established .

CRITICAL

Applies to

Parenting class certificate

Both parents must complete a parenting class of at least four hours and obtain a certificate of completion.

f. Both parents MUST complete a parenting class, minimum four (4) hours, that will provide you with a certificate of completion.

CRITICAL

Applies to

Parenting class certificate

The parenting-class certificate must be on file with the District Clerk before a final-divorce court date will be given.

This certificate MUST be on file with the District Clerk's Office before a court date for the final divorce will be given .

CRITICAL

Applies to

Bureau of vital statistics form

Obtain the Bureau of Vital Statistics form from the District Clerk's Office and complete it before coming to court for the divorce.

8. Obtain the Bureau of Vital Statistics form from the District Clerk's Office and have it completely filled out before you come to court for your divorce.

CRITICALCivil cases

Applies to

Divorce decree

The divorce decree must include the specified findings concerning the acknowledgment and denial of paternity and the order adjudicating that the husband is not the child’s father.

The decree of divorce must contain the following findings and order: a. The Court finds that a valid acknowledgement of paternity has been filed and is effective pursuant to Subchapter D, Chapter 160, Texas Family Code. b. The Court finds that a valid denial of paternity has been filed and is effective pursuant to Subchapter D, Chapter 160, Texas Family Code. c. The Court finds that [name of husband] is not the father of the child, [name of child]. IT IS ORDERED AND DECREED that [name of husband] is not, and he is adjudicated not to be, the father of the child, [name of child], born on [date] to [name of wife].

CRITICALCivil cases

Applies to

Decree of divorce

The divorce decree must contain the specified finding about genetic testing and order adjudicating that the husband is not the child's father.

7. The decree of divorce must contain the following finding and order: a. The Court finds that admissible results of genetic testing identify another man as the father of the child, [name of child]. IT IS ORDERED AND DECREED that [name of husband] is not, and he is adjudicated not to be, the father of the child, [name of child], born on [date] to [name of wife].

CRITICALCivil cases

Applies to

Agreed motion for severance

8. On or before the date of the final hearing, the parties must present the Court with an agreed motion and order for severance of the suit affecting the parent-child relationship regarding the child not of the marriage and have deposited with the District Clerk all cost associated with the filing of the severed suit. The order for severance will be signed by the Court contemporaneously with the divorce decree.

8. On or before the date of the final hearing, the parties must present the Court with an agreed motion and order for severance of the suit affecting the parent-child relationship regarding the child not of the marriage and have deposited with the District Clerk all cost associated with the filing of the severed suit. The order for severance will be signed by the Court contemporaneously with the divorce decree.

CRITICAL

Applies to

Notice of hearing

A notice of hearing is required to set a case on the docket.

A notice of hearing is required for cases to be set on the docket

CRITICAL

Applies to

Proposed jury charge

Each party must file and serve a proposed jury charge on all other parties, including questions, definitions, instructions, and supporting authority citations.

2. Each party shall file and serve on all other parties a proposed jury charge, including questions, definitions, and instructions, which shall include citations to the Texas Pattern Jury Charge and other authority that supports the submission.

CRITICAL

Applies to

Motion to set hearing

A written motion to set a contested-case hearing must have a Notice or Order Setting Hearing attached.

c. All hearings in contested cases shall be set by written motion with a Notice or Order Setting Hearing attached.

CRITICAL

Applies to

Notice or order setting hearing

A Notice or Order Setting Hearing must state the estimated time allocation for the hearing.

The Notice or Order Setting Hearing shall contain an estimated time allocation for the hearing.

CRITICAL

Applies to

Setting request

Each setting request must estimate the total hearing time for all matters and participants.

Each request for a setting shall include an estimate of the total time required for the entire hearing, on all matters, for all participants.

CRITICAL

Applies to

Motion

Every motion must certify that counsel conferred or made reasonable efforts to confer with all parties about the setting’s date, time, and format.

To that end, every motion shall include a certification that "counsel has conferred with (or made reasonable efforts to confer with) all parties about the date, time, and format of the setting"

CRITICAL

Applies to

Motion

Every non-dispositive motion must include one of the stated certifications concerning efforts to resolve or narrow issues with affected parties.

and every motion (other than dispositive motions) shall also certify that : • "Counsel has conferred with all parties who may be affected by the relief sought in this motion in a good faith effort to resolve or narrow the issues raised ."; or • "Counsel has made reasonable efforts to confer with all parties who may be affected by the relief sought in this motion but has been unable to do so."

CRITICAL

Applies to

Hearing request

Must include

certificate of conference

A hearing request on a motion to compel discovery must include counsel’s certification that agreement was attempted unsuccessfully.

Requests for hearings on any motions related to compelling discovery in any form shall be accompanied by a certification from movant's counsel that they have attempted to obtain relief by agreement and have been unsuccessful. No hearing request will be granted on motions relating to compelling discovery without the required certification.

CRITICAL

Applies to

Proposed jury charge

Each side must present a proposed jury charge at the civil announcement docket.

At the civil announcement docket, each side shall present to the court a proposed jury charge.

CRITICAL

Applies to

Jury charge

When ordered by the court, counsel must prepare the jury charge in final form with the ordered changes or modifications.

Upon the Court's order, counsel shall prepare the jury charge in its final form making changes or modifications ordered by the court.

CRITICAL

Applies to

Temporary restraining order

A request for a TRO affecting a child’s possession or access must state either that conferral attempts were unsuccessful or that the respondent is unrepresented.

When presenting a TRO that affects possession of or access to a child the requesting party shall include a statement that either (a) attempts have been made to confer with opposing counsel and have been unsuccessful or (b) the respondent is unrepresented at this time.

CRITICAL

Applies to

Pretrial forms

Before a temporary or interim orders hearing in a divorce or parent-child relationship suit, each party must prepare and deliver the required pretrial forms.

Before any hearing on temporary or interim orders in any divorce suit or suit affecting the parent-child relationship (which include, but are not limited to, modification suits, paternity suits, and original suits) each party shall prepare and deliver pre-trial forms as follows:

CRITICAL

Applies to

Financial information sheet

In a suit involving child support or spousal maintenance, each party must prepare and deliver a fully completed and signed Financial Information Sheet using the court website form.

In any suit requiring a determination of child support or spousal maintenance, each party shall prepare and deliver a Financial Information Sheet using the form posted on the Guadalupe County District Courts' website, fully completed and signed by the party.

CRITICAL

Applies to

Financial records

Unless the parties agree or stipulate to income or net resources, each party must provide the specified payroll and tax records to the judge at the hearing and to the opposing party beforehand.

Additionally, unless the parties agree or stipulate to a party's income and/or net resources as defined by the Texas Family Code, each party is required to furnish copies of the party's preceding four payroll statements or paystubs and the party's preceding year's income tax return (if the tax return has been filed), and preceding year's W-2 to the judge (but not the file) at the time of the hearing and to the opposing party prior to the hearing.

CRITICAL

Applies to

Stipulation

Any stipulation regarding income or net resources must be written and signed by all parties.

If the parties agree to stipulate, the stipulation must be in writing and signed by all parties.

CRITICAL

Applies to

Proposed parenting plan

In suits involving conservatorship or possession and access, each party must provide a completed and signed parenting plan, a single agreed plan signed by both parties, or a brief-sentence summary of requested relief in a Proposed Disposition of Other Issues.

In any suit requiring a determination or modification of conservatorship, or possession and access to a child, each party shall prepare and deliver a Proposed Parenting Plan, pursuant to Texas Family Code §153.603, fully completed and signed by the party, a single agreed Proposed Parenting Plan signed by both parties, or shall summarize the relief in brief complete sentences as part of a Proposed Disposition of Other Issues.

CRITICAL

Applies to

Proposed disposition of issues

Each party must prepare and deliver a Proposed Disposition of Issues stating separately, in brief complete sentences, each requested trial decision not covered by a Proposed Parenting Plan.

Each party shall prepare and deliver a Proposed Disposition of Issues, which shall state separately, in brief complete sentences each trial decision that is sought by the party that is not covered by a Proposed Parenting Plan .

CRITICAL

The parties may not agree to waive or modify the provisions or requirements of these rules.

The parties may not by agreement waive or modify the provisions or requirements of these rules.

CRITICAL

Applies to

Pre trial forms

Issues omitted from required pre-trial forms are deemed waived unless good cause is shown.

All issues not stated in pre-trial forms as required by these procedures will be deemed waived except upon showing of good cause for failure to comply with these rules.

CRITICAL

Applies to

Proposed property division

Before trial in a divorce suit, each party must deliver a completed, signed Proposed Property Division form, or the parties may deliver one agreed form signed by both.

Before the final trial on the merits in any divorce suit or suit affecting parent-child relationship (which include, but are not limited to, modification suits, paternity suits, and original suits), each party shall prepare and deliver pre-trial forms and any amended pleadings as follows : a. Forms Required Depend on Type of Suit and Issues at Trial i. In a divorce suit, each party shall prepare and deliver a Proposed Property Division using the form posted on the Guadalupe County District Courts' website, fully completed and signed by the party, or a single agreed Proposed Property Division, signed by both parties.

CRITICAL

Applies to

Proposed support decision

In suits requiring a determination of child support or spousal maintenance, each party must deliver a completed, signed Proposed Support Decision using the court’s posted form.

In any suit requiring determination of child support or spousal maintenance, each party shall prepare and deliver a Proposed Support Decision using the form posted on the Guadalupe County District Courts' website, fully completed and signed by the party.

CRITICAL

Applies to

Income and tax records

Unless the parties agree or stipulate to income or net resources, each party must furnish the court and opposing parties, but not file, prior-two-year tax returns or specified substitute income records at trial.

Additionally, in any suit requiring a determination of child support or spousal maintenance, unless parties agree or stipulate to a party's income and/or net resources as defined by the Texas Family Code, each party is required to furnish to the court (but not file), and to opposing parties, copies of the following at the time of trial: 1. The party's federal income tax returns for the previous two calendar years, or if no such return(s) have been filed, then all payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-1 for such years;

CRITICAL

Applies to

Income and tax records

Unless the parties agree or stipulate to income or net resources, each party must furnish the court and opposing parties, but not file, specified trial-year income records through the trial date; discovery obligations remain in effect.

Additionally, in any suit requiring a determination of child support or spousal maintenance, unless parties agree or stipulate to a party's income and/or net resources as defined by the Texas Family Code, each party is required to furnish to the court (but not file), and to opposing parties, copies of the following at the time of trial: 2. All payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-1 for the calendar year of the trial from January 1 through the date of trial. 3. This Rule does not supersede any requirement to respond to discovery requests.

CRITICAL

Applies to

Proposed parenting plan

In suits involving conservatorship or a child’s possession and access, each party must deliver a completed, signed Proposed Parenting Plan, the parties may deliver one agreed plan signed by both, or the requested relief must be summarized in brief complete sentences in a Proposed Disposition of Other Issues.

In any suit requiring a determination or modification of conservatorship, or possession and access to a child, each party shall prepare and deliver a Proposed Parenting Plan, pursuant to Texas Family Code §156.603, fully completed and signed by the party, a single agreed Proposed Parenting Plan signed by both parties, or shall summarize in the requested relief in brief complete sentences as part of a Proposed Disposition of Other Issues.

CRITICAL

Applies to

Proposed disposition of other issues

Each party must prepare and deliver a Proposed Disposition of Other Issues stating uncovered requested trial decisions in brief, complete sentences.

Additionally, each party shall also prepare and deliver a Proposed Disposition of Other Issues, which shall state briefly in brief complete sentences each trial decision that is sought by the party that is not covered by the Proposed Property Division, Proposed Support Decision, or Proposed Parenting Plan.

CRITICAL

Applies to

Time announcement

If a Motion to Confer is filed and set with a final trial on the merits, the parties must include the time for the court to confer with the child in their time announcement.

If a Motion to Confer is filed and set with a final trial on the merits, the parties shall include the time the court will confer with the child in their time announcement.

CRITICAL

Applies to

Certificate of completion

For a divorce involving children, the parties must file a certificate showing completion of a four-hour parenting class before requesting that the court render the divorce.

If the divorce involves children, the parties shall file a certificate of completion showing that a 4 hour parenting class has been completed prior to requesting the court render the divorce.

CRITICAL

Applies to

Draft judgment decree or order

So far as practicable, every draft of a judgment, decree, or order to be signed by a judge or associate judge shall be signed by all parties evidencing approval as to form before it is presented to the judge.

So far as practicable, every draft of a judgment, decree, or order to be signed by a judge or associate judge shall be signed by all parties evidencing approval as to form before it is presented to the judge.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must be presented at a hearing after notice to the client and all other parties unless the moving attorney files the specified written consents and a certificate of the client’s last known mailing address.

A motion to withdraw from representation shall be presented at a hearing after notice to the client and all other parties unless the moving attorney: a. Files written consent to the withdrawal signed by all other parties; b. Files a written consent to the withdrawal signed by the client; and c. Files a certificate stating the last known mailing address of the client.

CRITICAL

Applies to

Motion to substitute

A motion to substitute must be signed by all parties, and counsel must continue to appear until the assigned court signs an order granting it.

A motion to substitute shall be signed by all parties and counsel shall continue to appear until an order granting the motion to substitute is signed by the court assigned to the case .

CRITICAL

Applies to

Motion to retain

A motion to retain must state the factual and legal basis for retention and be filed at least 14 days before the stated dismissal date.

Motions to retain shall set forth the factual and legal basis for retaining the case and shall be filed at least 14 days prior to the dismissal date specified in the notice of dismissal.

CRITICAL

Applies to

Probation judgment

The Community Supervision and Corrections Department must prepare judgments of probation.

Judgments of probation shall be prepared by the Community Supervision and Corrections Department.

CRITICAL

Applies to

Judgment

The County Attorney must prepare judgments committing defendants to the listed facilities unless the Court directs otherwise.

Judgements where defendants are committed to TDCJ-ID, or TDCJ State Jail Division , or Guadalupe County Jail shall be prepared by the County Attorney, unless otherwise directed by the Court.

CRITICAL

Applies to

Proposed jury charge

The State and defense attorneys must deliver a proposed jury charge to the Court on the Monday trial begins and before jury selection starts.

The attorneys for the state and the defense shall deliver to the Court a proposed charge on the Monday the trial commences. The charge shall be provided prior to the commencement of jury selection .

CRITICAL

Applies to

Final jury charge

If ordered by the Court, the State must prepare the final jury charge and make changes or modifications as directed by the Court.

Upon order of the Court, the State shall prepare the jury charge in its final form making changes or modifications at the direction of the Court.

CRITICAL

Applies to

Fee voucher

At the conclusion of representation, court-appointed attorneys must provide an itemized statement of in-court and out-of-court hours, submitted only as an attachment to the fee voucher.

All court appointed attorneys shall, at the conclusion of the representation of a defendant, provide the court with an itemized statement reflecting the hours spent in court and the number of hours spent out of court in representation the defendant. The statement may only be submitted as an attachment to the fee voucher.

CRITICAL

Applies to

Motion to withdraw

Counsel must continue to appear until the order granting withdrawal is signed.

Counsel shall continue to appear until an order granting the motion to withdraw is signed.

CRITICAL

Applies to

Order on motion to substitute

An order on a motion to substitute that the presiding judge has not already signed must be presented to the court for signature at the next docket setting.

Motions to Substitute shall bee-filed and the order shall be presented to the court at the next docket setting for signature if the order has not been previously signed by the presiding judge.

CRITICAL

Applies to

Pleading and decree

Fill-in-the-blank pleadings and decrees must be completed fully, with no blanks.

2. ALL fill in the blank pleadings and decrees must be FULLY filled in. NO BLANKS.

CRITICAL

Applies to

Decree

If the divorce decree involves property, it must include the legal description and information about the bank or lienholder.

6. If the divorce/decree involves property, you MUST include the proper legal description and information concerning the bank or lienholder.

CRITICAL

Applies to

Decree

If children were born during the marriage, the decree must address custody and with whom the children will live.

a. Provision for custody of the children and with whom they will live.

CRITICAL

Applies to

Decree

If children were born during the marriage, the decree must include a visitation schedule.

b. A schedule of visitation.

CRITICAL

Applies to

Decree

If children were born during the marriage, the decree must provide for their health insurance coverage.

c. Provision for the children to be covered by health insurance.

CRITICAL

Applies to

Decree

If children were born during the marriage, the decree must provide for child support in accordance with the Texas Family Code guidelines.

d. Provision for child support in accordance with the guidelines in the Texas Family Code.

CRITICAL

Applies to

Decree

Child support cannot be waived without court approval, which the court rarely gives.

CHILD SUPPORT CANNOT BE WAIVED without the approval of the Court which will rarely be given.

CRITICAL

Applies to

Decree

If a child born during the marriage is not the spouse's child, the child must be listed in the decree and paternity must be established.

e. If a child is not the child of the spouse but was born during the marriage, the child MUST be listed in the decree and paternity MUST be established .

CRITICAL

Applies to

Parenting class

Both parents must complete a parenting class of at least four hours that provides a certificate of completion.

f. Both parents MUST complete a parenting class, minimum four (4) hours, that will provide you with a certificate of completion.

CRITICAL

Applies to

Parenting class certificate

The parenting-class certificate must be on file with the District Clerk's Office before a final-divorce court date will be given.

This certificate MUST be on file with the District Clerk's Office before a court date for the final divorce will be given .

CRITICAL

Applies to

Bureau of vital statistics form

Obtain the Bureau of Vital Statistics form from the District Clerk's Office and complete it before coming to court for the divorce.

8. Obtain the Bureau of Vital Statistics form from the District Clerk's Office and have it completely filled out before you come to court for your divorce.

CRITICAL

Applies to

Hearing setting motion

A contested-case hearing must be set by written motion with an attached Notice or Order Setting Hearing stating the estimated hearing time.

2.1 Setting Cases for Contested Motions/Hearings c. All hearings in contested cases shall be set by written motion with a Notice or Order Setting Hearing attached. The Notice or Order Setting Hearing shall contain an estimated time allocation for the hearing.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Before setting a hearing, parties must make reasonable efforts to speak about the hearing or trial and the motion, and every motion must certify efforts to confer about the setting date, time, and format.

Prior to setting a hearing, the parties shall make reasonable efforts to actually speak to one another regarding the date, time, and format (i.e. if remote hearing is requested it shall be by agreement of all the parties and with specific court approval) of a hearing or trial and the substance of the motion in a genuine effort to narrow their disputes before seeking court intervention. To that end, every motion shall include a certification that "counsel has conferred with (or made reasonable efforts to confer with) all parties about the date, time, and format of the setting",

CRITICAL

Applies to

Motion

Must include

certificate of conference

Every non-dispositive motion must certify either a good-faith conference to resolve or narrow issues or reasonable efforts to confer that were unsuccessful.

and every motion (other than dispositive motions) shall also certify that: • "Counsel has conferred with all parties who may be affected by the relief sought in this motion in a good faith effort to resolve or narrow the issues raised."; or • "Counsel has made reasonable efforts to confer with all parties who may be affected by the relief sought in this motion but has been unable to do so."

CRITICAL

Applies to

Hearing request for motion to compel discovery

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

a. Requests for hearings on any motions related to compelling discovery in any form shall be accompanied by a certification from movant's counsel that they have attempted to obtain relief by agreement and have been unsuccessful. No hearing request will be granted on motions relating to compelling discovery without the required certification.

CRITICAL

Applies to

Jury charge

Each side must present a proposed jury charge at the civil announcement docket.

At the civil announcement docket, each side shall present to the court a proposed jury charge.

CRITICAL

Applies to

Jury charge

When ordered by the Court, counsel must prepare the final jury charge with the ordered changes or modifications.

Upon the Court's order, counsel shall prepare the jury charge in its final form making changes or modifications ordered by the court.

CRITICAL

Applies to

Temporary restraining order

A request for a TRO to be served with citation may be presented ex parte if supported by an affidavit and the relief does not affect a child’s possession or access.

In a family law case, a request for a TRO to be served with citation may be presented ex parte if supported by an affidavit and if the relief would not affect the possession of or access to a child.

CRITICAL

Applies to

Temporary restraining order

A request for a TRO affecting a child’s possession or access must state either that attempts to confer with opposing counsel were unsuccessful or that the respondent is unrepresented.

When presenting a TRO that affects possession of or access to a child the requesting party shall include a statement that either (a) attempts have been made to confer with opposing counsel and have been unsuccessful or (b) the respondent is unrepresented at this time.

CRITICAL

Applies to

Pretrial forms

Before a temporary or interim orders hearing, each party must prepare and deliver the specified pretrial forms; cases involving child support or spousal maintenance require a Financial Information Sheet using the court’s posted form.

Before any hearing on temporary or interim orders in any divorce suit or suit affecting the parent-child relationship (which include, but are not limited to, modification suits, paternity suits, and original suits) each party shall prepare and deliver pre-trial forms as follows: a. Forms Required Determined by Issues at Hearing i. In any suit requiring a determination of child support or spousal maintenance, each party shall prepare and deliver a Financial Information Sheet using the form posted on the Guadalupe County District Courts' website, fully

CRITICAL

Applies to

Stipulation

A stipulation concerning the parties' agreement to income or net resources must be written and signed by all parties.

If the parties agree to stipulate, the stipulation must be in writing and signed by all parties.

CRITICAL

Applies to

Proposed parenting plan

In suits involving conservatorship or possession and access to a child, each party must provide a completed and signed parenting plan, a jointly signed agreed plan, or a brief-sentence summary of the relief in a Proposed Disposition of Other Issues.

In any suit requiring a determination or modification of conservatorship, or possession and access to a child, each party shall prepare and deliver a Proposed Parenting Plan, pursuant to Texas Family Code §153.603, fully completed and signed by the party, a single agreed Proposed Parenting Plan signed by both parties, or shall summarize the relief in brief complete sentences as part of a Proposed Disposition of Other Issues.

CRITICAL

Applies to

Proposed disposition of issues

Each party must prepare and deliver a Proposed Disposition of Issues separately stating each requested trial decision not covered by a Proposed Parenting Plan.

Each party shall prepare and deliver a Proposed Disposition of Issues, which shall state separately, each trial decision that is sought by the party that is not covered by a Proposed Parenting Plan.

CRITICAL

Applies to

Pre trial forms

Before a final trial on the merits in a divorce or parent-child relationship suit, each party must prepare and deliver the required pre-trial forms and any amended pleadings.

Before the final trial on the merits in any divorce suit or suit affecting parent-child relationship {which include, but are not limited to, modification suits, paternity suits, and original suits), each party shall prepare and deliver pre-trial forms, and any amended pleadings as follows:

CRITICAL

Applies to

Proposed property division

In a divorce suit, each party must provide a completed, signed Proposed Property Division form, or the parties may provide one agreed form signed by both.

In a divorce suit, each party shall prepare and deliver a Proposed Property Division using the form posted on the Guadalupe County District Courts' website, fully completed and signed by the party, or a single agreed Proposed Property Division, signed by both parties.

CRITICAL

Applies to

Proposed support decision

In a suit requiring a determination of child support or spousal maintenance, each party must provide a completed, signed Proposed Support Decision using the court website form.

In any suit requiring determination of child support or spousal maintenance, each party shall prepare and deliver a Proposed Support Decision using the form posted on the Guadalupe County District Courts' website, fully completed and signed by the party.

CRITICAL

Applies to

Financial records

Unless the parties agree or stipulate to a party’s income or net resources, each party in a child-support or spousal-maintenance suit must furnish the specified financial records to the court without filing them and to opposing parties at trial.

Additionally, in any suit requiring a determination of child support or spousal maintenance, unless parties agree or stipulate to a party's income and/or net resources as defined by the Texas Family Code, each party is required to furnish to the court {but not file), and to opposing parties, copies of the following at the time of trial:

CRITICAL

Applies to

Financial records

The required financial records include federal tax returns for the prior two calendar years, or specified payroll and tax forms for those years if returns were not filed.

The party's federal income tax returns for the previous two calendar years, or if no such return{s) have been filed, then all payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-1 for such years; and

CRITICAL

Applies to

Financial records

The required financial records also include specified payroll and tax forms for the trial year from January 1 through the trial date.

All payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-1 for the calendar year of the trial from January 1 through the date of trial.

CRITICAL

Applies to

Proposed parenting plan

In a conservatorship or possession-and-access suit, each party must provide a completed, signed Proposed Parenting Plan, an agreed plan signed by both parties, or summarize the requested relief in brief complete sentences in the Proposed Disposition of Other Issues.

In any suit requiring a determination or modification of conservatorship, or possession and access to a child, each party shall prepare and deliver a Proposed Parenting Plan, pursuant to Texas Family Code §156.603, fully completed and signed by the party, a single agreed Proposed Parenting Plan signed by both parties, or shall summarize in the requested relief in brief complete sentences as part of a Proposed Disposition of Other Issues.

CRITICAL

Applies to

Home study

A home study must be completed in a conservatorship or possession-and-access suit unless the court waives it by order.

In any suit requiring a determination or modification of conservatorship, or possession and access to a child, a home study must be completed unless waived by court order.

CRITICAL

Applies to

Proposed disposition of other issues

Each party must prepare and deliver a Proposed Disposition of Other Issues stating, in brief complete sentences, each requested trial decision not covered by the other specified proposals.

Additionally, each party shall also prepare and deliver a Proposed Disposition of Other Issues, which shall state briefly in brief complete sentences each trial decision that is sought by the party that is not covered by the Proposed Property Division, Proposed Support Decision, or Proposed Parenting Plan .

CRITICAL

Applies to

Draft judgment decree or order

So far as practicable, every draft of a judgment, decree, or order to be signed by a judge or associate judge shall be signed by all parties evidencing approval as to form before it is presented to the judge.

So far as practicable, every draft of a judgment, decree, or order to be signed by a judge or associate judge shall be signed by all parties evidencing approval as to form before it is presented to the judge.

CRITICAL

Applies to

Draft order

Each draft order must have a heading showing the cause number, case style, and court where the case is pending.

A draft of an order shall not be typed on the same page with a pleading, motion, certificate of service, or any part thereof, and each such draft shall have a heading showing the cause number, the style of the case, and the court in which it is pending.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must be presented at a hearing after notice to the client and all other parties, unless the stated conditions for withdrawal without a hearing are met.

A motion to withdraw from representation shall be presented at a hearing after notice to the client and all other parties unless the moving attorney:

CRITICAL

Applies to

Motion to withdraw

a. Files written consent to the withdrawal signed by all other parties;

a. Files written consent to the withdrawal signed by all other parties;

CRITICAL

Applies to

Motion to withdraw

b. Files a written consent to the withdrawal signed by the client; and

b. Files a written consent to the withdrawal signed by the client; and

CRITICAL

Applies to

Motion to withdraw

c. Files a certificate stating the last known mailing address of the client.

c. Files a certificate stating the last known mailing address of the client.

CRITICAL

Applies to

Motion to substitute

A motion to substitute must be signed by all parties, and counsel must continue to appear until the court signs an order granting the motion.

A motion to substitute shall be signed by all parties and counsel shall continue to appear until an order granting the motion to substitute is signed by the court assigned to the case.

CRITICAL

Applies to

Motion to retain

A motion to retain must state the factual and legal basis for retaining the case and be filed at least 14 days before the dismissal date in the notice.

Motions to retain shall set forth the factual and legal basis for retaining the case and shall be filed at least 14 days prior to the dismissal date specified in the notice of dismissal.

CRITICAL

Applies to

Probation judgment

The Community Supervision and Corrections Department must prepare judgments of probation.

Judgments of probation shall be prepared by the Community Supervision and Corrections Department.

CRITICAL

Applies to

Judgment

The County Attorney must prepare judgments for defendants committed to the specified facilities, unless the Court directs otherwise.

Judgments where defendants are committed to TDCJ-ID, or TDCJ State Jail Division, or Guadalupe County Jail shall be prepared by the County Attorney, unless otherwise directed by the Court.

CRITICAL

Applies to

Judgment

Judgments for defendants committed to the specified facilities must be presented to the court within three business days of sentencing.

Judgments where defendants are committed to TDCJ-ID, or TDCJ State Jail Division, or Guadalupe County Jail shall be presented to the court within three business days of sentencing.

CRITICAL

Applies to

Proposed jury charge

State and defense attorneys must deliver a proposed charge to the Court on the Monday trial begins and before jury selection starts.

The attorneys for the state and the defense shall deliver to the Court a proposed charge on the Monday the trial commences. The charge shall be provided prior to the commencement of jury selection .

CRITICAL

Applies to

Final jury charge

If ordered by the Court, the State must prepare the final jury charge and incorporate the Court’s directed changes or modifications.

Upon order of the Court, the State shall prepare the jury charge in its final form making changes or modifications at the direction of the Court.

CRITICAL

Applies to

Fee voucher

At the end of representation, court-appointed attorneys must give the court an itemized statement of in-court and out-of-court hours, submitted only as an attachment to the fee voucher.

All court appointed attorneys shall, at the conclusion of the representation of a defendant, provide the court with an itemized statement reflecting the hours spent in court and the number of hours spent out of court in representation the defendant. The statement may only be submitted as an attachment to the fee voucher.

CRITICAL

Applies to

Motion to substitute

An order on a motion to substitute that has not already been signed by the presiding judge must be presented to the court for signature at the next docket setting.

Motions to Substitute shall bee-filed and the order shall be presented to the court at the next docket setting for signature if the order has not been previously signed by the presiding judge.

CRITICAL

Applies to

Decree

The decree must provide child support under the Texas Family Code guidelines; child support cannot be waived without court approval, which will rarely be given.

d. Provision for child support in accordance with the guidelines in the Texas Family Code. CHILD SUPPORT CANNOT BE WAIVED without the approval of the Court which will rarely be given.

CRITICAL

Applies to

Decree

A child born during the marriage who is not the spouse’s child must be listed in the decree, and paternity must be established.

e. If a child is not the child of the spouse but was born during the marriage, the child MUST be listed in the decree and paternity MUST be established .

CRITICAL

Applies to

Parenting class certificate

Both parents must complete at least four hours of parenting class, and the completion certificate must be on file with the District Clerk before a final-divorce court date is given.

f. Both parents MUST complete a parenting class, minimum four (4) hours, that will provide you with a certificate of completion. This certificate MUST be on file with the District Clerk's Office before a court date for the final divorce will be given .

CRITICALCivil cases

Applies to

Acknowledgment and denial of paternity

The required paternity acknowledgment and denial must be filed with the Bureau of Vital Statistics, and a certified copy obtained, before the final hearing.

The acknowledgement of paternity and the denial of paternity or the combined acknowledgement/denial of paternity must be filed with the bureau of vital statistics, and a certified copy of the filed acknowledgement of paternity and the denial of paternity or the combined acknowledgement/denial of paternity obtained from the bureau, prior to the date of the final hearing.

CRITICALCivil cases

Applies to

Acknowledgment and denial of paternity

A certified copy of the acknowledgment and denial, or the combined document, must be filed with the Court.

A certified copy of the acknowledgement of paternity and the denial of paternity or the combined acknowledgment/denial of paternity must be filed with the Court.

CRITICALCivil cases

Applies to

Decree of divorce

The divorce decree must include the specified findings that the acknowledgment and denial are valid and effective, that the husband is not the child’s father, and the specified order adjudicating that he is not the father.

The decree of divorce must contain the following findings and order: a. The Court finds that a valid acknowledgement of paternity has been filed and is effective pursuant to Subchapter D, Chapter 160, Texas Family Code. b. The Court finds that a valid denial of paternity has been filed and is effective pursuant to Subchapter D, Chapter 160, Texas Family Code. c. The Court finds that [name of husband] is not the father of the child, [name of child]. IT IS ORDERED AND DECREED that [name of husband] is not, and he is adjudicated not to be, the father of the child, [name of child], born on [date] to [name of wife].

CRITICALCivil cases

Applies to

Genetic testing report

The genetic-testing results report must be filed with the Court.

The report of the results of genetic testing must be filed with the Court.

CRITICALCivil cases

Applies to

Decree of divorce

The divorce decree must include the specified finding based on genetic testing and order adjudicating the husband not to be the child’s father.

7. The decree of divorce must contain the following finding and order: a. The Court finds that admissible results of genetic testing identify another man as the father of the child, [name of child]. IT IS ORDERED AND DECREED that [name of husband] is not, and he is adjudicated not to be, the father of the child, [name of child], born on [date] to [name of wife].

CRITICALCivil cases

Applies to

Agreed motion and order for severance

By the final hearing, the parties must present an agreed motion and order for severance and deposit all costs associated with filing the severed suit with the District Clerk.

8. On or before the date of the final hearing, the parties must present the Court with an agreed motion and order for severance of the suit affecting the parent-child relationship regarding the child not of the marriage and have deposited with the District Clerk all cost associated with the filing of the severed suit.

WARNING

Applies to

Motion

Must include

certificate of conference

The court may strike a setting if the motion or an amended motion lacks the required certificates.

The court retains discretion to strike any setting in which the motion (or an amended version of the motion) does not include such certificates.

WARNING

Applies to

Motion

A request for a temporary restraining order or temporary injunction must not repeat or address the standing order’s subject matter, except to request a modification.

When requesting a temporary restraining order or temporary injunction, counsel shall not repeat or otherwise address the subject matter contained in the standing order except to seek a modification of the standing order.

WARNING

Applies to

Pretrial forms

The parties may not agree to waive or modify these rules' provisions or requirements.

The parties may not by agreement waive or modify the provisions or requirements of these rules.

WARNING

Applies to

Proposed order

So far as practicable, every draft of a judgment, decree, or order to be signed by a judge or associate judge shall be signed by all parties evidencing approval as to form before it is presented to the judge.

So far as practicable, every draft of a judgment, decree, or order to be signed by a judge or associate judge shall be signed by all parties evidencing approval as to form before it is presented to the judge.

WARNING

Applies to

Pleading or divorce decree

Fill-in-the-blank pleadings and decrees must be fully completed with no blanks.

2. ALL fill in the blank pleadings and decrees must be FULLY filled in. NO BLANKS.

WARNING

Applies to

Petition or divorce decree

Do not include form provisions that do not apply to you and your spouse in the petition or decree.

3. If anything contained in the forms you are using do not apply to you and your spouse, DO NOT include them in your petition or your decree.

WARNING

Applies to

Temporary restraining order or temporary injunction

Counsel requesting a temporary restraining order or injunction must not repeat or address the standing order’s subject matter unless seeking to modify it.

When requesting a temporary restraining order or temporary injunction, counsel shall not repeat or otherwise address the subject matter contained in the standing order except to seek a modification of the standing order.

WARNING

Applies to

Temporary restraining order

In a family law case, a request for a TRO to be served with citation may be presented ex parte if supported by an affidavit and if it does not affect possession of or access to a child.

Notwithstanding Chapter 7, in a family law case, a request for a TRO to be served with citation may be presented ex parte if supported by an affidavit and if the relief would not affect the possession of or access to a child.

WARNING

Applies to

Judgment decree or order

Do not use the word “entered” to show the date a judgment, decree, or order is signed.

The word "entered" shall not be used to show the date on which a judgment, decree, or order is signed.

WARNING

Applies to

Petition and decree

Do not include form provisions that do not apply to you and your spouse in the petition or decree.

3. If anything contained in the forms you are using do not apply to you and your spouse, DO NOT include them in your petition or your decree.

WARNING

Applies to

Motion

The court may strike a setting if the motion or an amended motion omits the required certificates.

The court retains discretion to strike any setting in which the motion (or an amended version of the motion) does not include such certificates.

WARNING

Applies to

Motion

A request for a temporary restraining order or injunction must not repeat or address the standing order’s subject matter unless seeking to modify it.

When requesting a temporary restraining order or temporary injunction, counsel shall not repeat or otherwise address the subject matter contained in the standing order except to seek a modification of the standing order.

WARNING

Applies to

Discovery responses

The requirement to furnish financial records does not replace any obligation to respond to discovery requests.

This Rule does not supersede any requirement to respond to discovery requests.

WARNING

Applies to

Judgment decree or order

Do not use the word “entered” to indicate the signing date of a judgment, decree, or order.

The word "entered" shall not be used to show the date on which a judgment, decree, or order is signed.

WARNING

Applies to

Pleading or decree

Fill-in-the-blank pleadings and decrees must be completed in full with no blanks.

2. ALL fill in the blank pleadings and decrees must be FULLY filled in. NO BLANKS.

WARNING

Applies to

Petition or decree

Do not include form provisions that do not apply to you and your spouse in the petition or decree.

3. If anything contained in the forms you are using do not apply to you and your spouse, DO NOT include them in your petition or your decree.

WARNING

Applies to

Decree

If the divorce or decree involves property, include the proper legal description and information about the bank or lienholder.

6. If the divorce/decree involves property, you MUST include the proper legal description and information concerning the bank or lienholder.

WARNING

Applies to

Decree

If children were born during the marriage, the decree must provide for custody and identify with whom the children will live.

7. If children were born during the marriage, the decree MUST include the following: a. Provision for custody of the children and with whom they will live.

WARNING

Applies to

Decree

If children were born during the marriage, the decree must include a visitation schedule.

b. A schedule of visitation.

WARNING

Applies to

Decree

If children were born during the marriage, the decree must provide for their health insurance coverage.

c. Provision for the children to be covered by health insurance.

WARNING

Applies to

Bureau of vital statistics form

Obtain the Bureau of Vital Statistics form from the District Clerk's Office and complete it before coming to court for the divorce.

8. Obtain the Bureau of Vital Statistics form from the District Clerk's Office and have it completely filled out before you come to court for your divorce.