Judge William D. Old III
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Notice, Motion, Pleading
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Communication
Other Contacts8 contacts
- rachel.luna@
co.guadalupe.tx.us - kimberly.mcmahon@
co.guadalupe.tx.us - lynnb@
co.guadalupe.tx.us - lornad@
co.guadalupe.tx.us - 830-303-8852 x2
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Document Format Requirements7 rules
Any show cause or other order setting a case presented for signature to a judge shall be on a separate page and not combined with a pleading.
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.
The signature line for the judge to sign proposed orders shall not be on a separate page, but shall be on a page with other text.
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.
1. ALL pleadings and Court orders MUST appear neat, clean, with no smudges or strike-overs.
5. All pleadings must be originals. If you use preprinted forms, do not photocopy.
4. All pleadings and decrees must be printed on 8 ½ by 11 inch paper.
Document Filing Requirements56 rules
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.
DocumentHearing Setting Motion
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."
DocumentMotion
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",
DocumentMotion
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.
DocumentHearing Request For Motion To Compel Discovery
At the civil announcement docket, each side shall present to the court a proposed jury charge.
DocumentJury Charge
Upon the Court's order, counsel shall prepare the jury charge in its final form making changes or modifications ordered by the court.
DocumentJury Charge
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.
DocumentTemporary 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 the relief would not affect the possession of or access to a child.
DocumentTemporary Restraining Order
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
DocumentPretrial Forms
If the parties agree to stipulate, the stipulation must be in writing and signed by all parties.
DocumentStipulation
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.
DocumentProposed Disposition Of Issues
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.
DocumentProposed Parenting Plan
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
DocumentFinancial Records
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.
DocumentProposed Support Decision
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.
DocumentProposed Property Division
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:
DocumentPre Trial Forms
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:
DocumentFinancial Records
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 .
DocumentProposed Disposition Of Other Issues
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.
DocumentFinancial Records
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.
DocumentProposed Parenting Plan
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.
DocumentHome Study
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.
DocumentDraft 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.
DocumentDraft Judgment Decree Or Order
c. Files a certificate stating the last known mailing address of the client.
DocumentMotion To Withdraw
b. Files a written consent to the withdrawal signed by the client; and
DocumentMotion To Withdraw
a. Files written consent to the withdrawal signed by all other parties;
DocumentMotion To Withdraw
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:
DocumentMotion To Withdraw
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.
DocumentMotion To Substitute
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.
DocumentMotion To Retain
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.
DocumentJudgment
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.
DocumentJudgment
Judgments of probation shall be prepared by the Community Supervision and Corrections Department.
DocumentProbation Judgment
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.
DocumentFee Voucher
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 .
DocumentProposed Jury Charge
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.
DocumentMotion To Substitute
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.
DocumentFinal Jury Charge
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 .
DocumentParenting Class Certificate
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 .
DocumentDecree
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.
DocumentDecree
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.
DocumentAcknowledgment And Denial Of Paternity
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.
DocumentAcknowledgment And Denial Of Paternity
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].
DocumentDecree Of Divorce
The report of the results of genetic testing must be filed with the Court.
DocumentGenetic Testing Report
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.
DocumentAgreed Motion And Order For Severance
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].
DocumentDecree Of Divorce
The court retains discretion to strike any setting in which the motion (or an amended version of the motion) does not include such certificates.
DocumentMotion
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.
DocumentMotion
This Rule does not supersede any requirement to respond to discovery requests.
DocumentDiscovery Responses
The word "entered" shall not be used to show the date on which a judgment, decree, or order is signed.
DocumentJudgment Decree Or Order
6. If the divorce/decree involves property, you MUST include the proper legal description and information concerning the bank or lienholder.
DocumentDecree
c. Provision for the children to be covered by health insurance.
DocumentDecree
b. A schedule of visitation.
DocumentDecree
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.
DocumentPetition Or Decree
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.
DocumentDecree
2. ALL fill in the blank pleadings and decrees must be FULLY filled in. NO BLANKS.
DocumentPleading Or Decree
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.
DocumentBureau Of Vital Statistics Form
Filing & Service rules
Electronic Filing Rules
A contested hearing will not be placed on a district-court docket unless the presiding court's administrator or coordinator has signed the Notice or Order Setting Hearing and it has been e-filed in the case.
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. A case will not be set on any District Court docket unless a Notice or Order Setting Hearing has been signed by the Court Administrator/ Coordinator for the District Court presiding over the hearing and e-filed into the case .
Page 4 | 2.1 Setting Cases for Contested Motions/Hearings
Approved draft orders must be e-filed with the District Clerk for the deciding judge within ten days after the hearing or final trial.
Draft orders, approved as to form, shall be e-filed with the District Clerk for presentation to the judge who decided the matter within ten days after the hearing or final trial.
Page 16 | 4.3 Presentation of Orders After Hearing
Proposed and draft orders must be filed electronically with the District Clerk.
Proposed or draft orders shall bee-filed with the District Clerk.
Page 16 | 4.1 Filing of Proposed Orders
Motions to Withdraw shall bee-filed and set with the District Court assigned to the case.
Motions to Withdraw shall bee-filed and set with the District Court assigned to the case.
Page 26 | 9.7 Motions to Withdraw and Motions to Substitute
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.
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.
Page 26 | 9.7 Motions to Withdraw and Motions to Substitute
Filing Timing and Cure Windows
Unless a court-ordered docket control order controls, counsel must exchange page and line references for deposition testimony offered in the case in chief 15 days before trial.
2.0 General Timelines: Unless timelines are otherwise controlled by a court ordered docket control order, the following deadlines are to be followed by the parties. FIFTEEN DAYS BEFORE TRIAL 1. Counsel shall exchange page and line references for all deposition testimony to be offered in the case in chief.
Page 3 | 2.0 General Timelines
Unless a court-ordered docket control order controls, counsel must exchange motions in limine 10 days before trial.
2.0 General Timelines: Unless timelines are otherwise controlled by a court ordered docket control order, the following deadlines are to be followed by the parties. TEN DAYS BEFORE TRIAL 1. Counsel shall exchange motions in limine.
Page 3 | 2.0 General Timelines
Unless a court-ordered docket control order controls, counsel must exchange anticipated fact- and expert-witness lists 30 days before trial; unidentified witnesses may not testify absent good cause.
2.0 General Timelines: Unless timelines are otherwise controlled by a court ordered docket control order, the following deadlines are to be followed by the parties. THIRTY DAYS BEFORE TRIAL All challenges to expert witnesses shall be filed . Counsel shall exchange their lists of fact and expert witnesses, including rebuttal witnesses that reasonably should be anticipated, that each intends to call at trial. Persons not so identified will not be allowed to testify unless good cause is shown.
Page 3 | 2.0 General Timelines
Expert-witness challenges must be filed 30 days before trial unless a court-ordered docket control order controls the timeline.
2.0 General Timelines: Unless timelines are otherwise controlled by a court ordered docket control order, the following deadlines are to be followed by the parties. THIRTY DAYS BEFORE TRIAL 1. All challenges to expert witnesses shall be filed .
Page 3 | 2.0 General Timelines
Unless a court-ordered docket control order controls, counsel must exchange deposition cross-designations and provide written references and grounds for evidentiary objections one week before trial; untimely objections are waived.
2.0 General Timelines: Unless timelines are otherwise controlled by a court ordered docket control order, the following deadlines are to be followed by the parties. ONE WEEK BEFORE TRIAL 1. Counsel shall exchange cross-designations of page and line references of all deposition testimony to be used at trial. 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.
Page 3 | 2.0 General Timelines
Unless a court-ordered docket control order controls, summary-judgment motions must be filed and heard at least 30 days before trial and may not be set within 30 days of a final trial setting.
2.0 General Timelines: Unless timelines are otherwise controlled by a court ordered docket control order, the following deadlines are to be followed by the parties. THIRTY DAYS BEFORE TRIAL 3. All motions for summary judgment shall be filed and heard at least 30 days before trial. Motion for summary judgment shall not be set within 30 days of a final trial setting.
Page 3 | 2.0 General Timelines
Unless a court-ordered docket control order controls, counsel must exchange anticipated exhibit lists 30 days before trial; unlisted exhibits will not be admitted absent good cause, and counsel should stipulate to authenticity and admissibility where possible.
2.0 General Timelines: Unless timelines are otherwise controlled by a court ordered docket control order, the following deadlines are to be followed by the parties. THIRTY DAYS BEFORE TRIAL 2. Counsel shall exchange their lists of exhibits that each reasonably anticipates will be offered in evidence. Exhibits not timely listed will not be admitted unless good cause is shown. Counsel should stipulate insofar as possible to the authenticity and admissibility of exhibits to be used at trial.
Page 3 | 2.0 General Timelines
Unless a court-ordered docket control order controls, each party must file and serve all other parties a proposed jury charge one week before trial, including questions, definitions, instructions, and supporting citations.
2.0 General Timelines: Unless timelines are otherwise controlled by a court ordered docket control order, the following deadlines are to be followed by the parties. ONE WEEK BEFORE TRIAL 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.
Page 4 | 2.0 General Timelines
Unless a court-ordered docket control order controls, counsel must provide written page and line references and grounds for evidentiary objections to cross-designations one week before trial; untimely objections are waived.
2.0 General Timelines: Unless timelines are otherwise controlled by a court ordered docket control order, the following deadlines are to be followed by the parties. ONE WEEK BEFORE TRIAL 3. 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.
Page 4 | 2.0 General Timelines
A party may request a setting only after filing the motion with the required certifications or committing to file it immediately, no later than 24 hours after obtaining setting dates.
A party shall not request a setting unless the party has filed the motion with the certifications required in Local Rule: Chapter 2 Subsection 2 or will file the motion immediately, but in no event later than 24 hours after obtaining the setting dates from the appropriate Court Administrator/ Coordinator.
Page 5 | 2.1
Each party must file required pre-trial forms and any amended pleadings by 5:00 p.m. on the Monday two weeks before the week of the trial setting.
Each party shall file the required pre-trial forms and any amendment to pleadings before 5:00 p.m. on the Monday two weeks before the week of the trial setting.
Page 14 | 3.8(c)(i) When to File
After the deadline, amendments to pre-trial forms or pleadings may be filed only by party agreement or court leave, which will be granted unless the filing would surprise the opposing party.
Amendments to pre-trial forms and amendments to pleadings may be filed after the deadline above only by agreement of the parties or upon leave of the court, which leave will be granted unless there is a showing that the filing will operate as a surprise to the opposite party.
Page 14 | 3.8(c)(ii) When to File
Approved draft orders must be submitted within ten days after the hearing or final trial.
Draft orders, approved as to form, shall be e-filed with the District Clerk for presentation to the judge who decided the matter within ten days after the hearing or final trial.
Page 16 | 4.3 Presentation of Orders After Hearing
All orders must be e-filed for submission to the Court within fourteen days of rendition unless the Court directs otherwise.
All orders shall bee-filed for submission to the Court within fourteen (14) days from the date of rendition, unless otherwise directed by the Court.
Page 16 | 4.6 Timeline for Submission by Parties
A motion to retain must be filed at least 14 days before the dismissal date specified 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.
Page 23 | 8.5 Motions to Retain and Objections to Motions to Retain
An objection to a motion to retain must be filed at least 7 days before the dismissal date specified in the notice.
Any objection to a motion to retain shall be filed at least 7 days prior to the dismissal date specified in the notice of dismissal.
Page 23 | 8.5 Motions to Retain and Objections to Motions to Retain
A party filing a motion to retain must file any objection to mediation at the same time.
Parties filing motions to retain shall file any objection to mediation simultaneously with a motion to retain.
Page 24 | 8.6 Objection to Mediation
A party receiving notice of a motion to retain must file any objection to mediation at least 7 days before the dismissal date specified in the notice.
Parties receiving notice of a motion to retain shall file any objection to mediation at least Seven (7) days prior to the dismissal date specified in the notice of dismissal.
Page 24 | 8.6 Objection to Mediation
The parenting-class certificate must be filed with the District Clerk before a court date for the final divorce 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 .
Page 1 | INSTRUCTIONS TO PRO SE LITIGANTS IN DIVORCE CASES
Submit all divorce decrees to the judge hearing the case at least seven days before the scheduled final hearing.
9. ALL Decrees of Divorce MUST be submitted to the Judge hearing the case at least seven (7) days prior to your scheduled final hearing date.
Page 2 | INSTRUCTIONS TO PRO SE LITIGANTS IN DIVORCE CASES
Service and Proof of Service Rules
Each party must serve the proposed jury charge on all other parties one week before trial unless a court-ordered docket control order controls the timeline.
2.0 General Timelines: Unless timelines are otherwise controlled by a court ordered docket control order, the following deadlines are to be followed by the parties. ONE WEEK BEFORE TRIAL 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.
Page 4 | 2.0 General Timelines
The party obtaining a setting must notify all parties of its date, time, and total hearing time, following the applicable rules and sending notice the same day; delay may be argued as a basis for continuance.
The party who obtains the setting shall give notice to all parties of the time and date of a setting and the total time needed for the entire hearing for all participants. Notice shall be given in the manner and within the time provided by the Texas Rules of Civil Procedure and these Local Rules. Notice shall be sent the same day the party obtains the setting, and any delay in sending notice may be argued by opposing counsel as a basis for continuance.
Page 6 | 2.3 Notice of Setting to be Provided by the Party Obtaining the Setting
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.
Page 11 | 3.3(c)
Unless the parties agree or stipulate to income or net resources, each party must provide specified income documents to the judge at the hearing and to the opposing party before the hearing.
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.
Page 11 | 3.3
Each party must deliver the required form to both 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.
Page 11 | 3.3(b)
Each party must file the required forms with the District Clerk and deliver a copy to the opposing party.
Each party shall file the required forms with the District Clerk and deliver a copy to the opposing party.
Page 14 | 3.8(b) Where to File
Filing Fees and Waivers
All costs associated with filing the severed suit must be deposited with the District Clerk by the date of the final hearing.
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.
Civil cases
Page 3
Courtesy Copy Requirements
A copy of each notice, motion, and pleading required by the standing order must also be delivered to the assigned district court’s Court Administrator/Coordinator.
A copy of notices, motions, and pleadings required to be filed by this standing order also shall be delivered to the Court Administrator/ Coordinator for the District Court assigned to the case.
Page 23 | 8.2 Copies to Court Administrator/ Coordinator
Pre-Motion Conference Requirements
Before presenting a TRO affecting a child’s possession or access, the applicant or counsel must confer if the opposing party is represented.
If a TRO affects the possession of or access to a child and the opposing party is represented by counsel, the applicant or their counsel shall confer prior to presenting the TRO to the appropriate Court Administrator/ Coordinator
Page 10 | 3.2 Application for TRO to be Served with Citation
Parties are encouraged to confer about the wording of judgments and orders; if the drafting party receives no response within seven business days, it may set a motion to enter, and sanctions including attorney’s fees may be considered if a motion is required.
All parties are encouraged to confer and attempt to resolve any disputes relating to the wording of judgments and orders. Parties responsible for drafting the judgment or order should make reasonable attempts to confer on the form of the order. Should the drafting party not receive a response within seven (7) business days, the drafting party can, at their discretion, set the case for a motion to enter. Counsel is encouraged to remember that the courts can and will consider all available sanctions including attorney's fees should a motion to enter be required.
Page 17 | 4.8 Motions to Enter
Adjournment & Extension Requirements
Motions for continuance must comply with Rules 251 et seq. of the Texas Rules of Civil Procedure.
All Motions for Continuance shall be in accordance with Rules 251 et seq of the Texas Rules of Civil Procedure.
Page 6 | 2.6 Motions for Continuance
Filing a motion for continuance, even by agreement, does not continue the case; a signed granting order or notice from the presiding judge’s Court Administrator/Coordinator that parties need not appear is required.
The mere filing of a Motion for Continuance does not mean that the continuance will be granted, even with the agreement of all parties. A case is not continued unless an Order Granting the Motion for Continuance has been signed by the presiding judge or the Court Administrator/ Coordinator for the presiding judge has notified all parties not to appear.
Page 6 | 2.6 Motions for Continuance
The Court Administrator/Coordinator cannot extend the deadline for delivering pretrial forms.
The Court Administrator/ Coordinator is not authorized to extend the time for delivering pretrial forms.
Page 11 | 3.4
A proceeding may not be delayed or continued solely to accommodate recording, broadcasting, or photographing.
No proceeding or session shall be delayed or continued for the sole purpose of allowing recording, broadcasting, or photographing whether because of installation of equipment, obtaining consent, conduct of the proceeding relating to the recording, broadcasting, or photographing, or other questions.
Page 21 | 6.6 No Delay of Proceedings
Chambers Communication Rules
The party requesting a hearing must contact the administrator or coordinator assigned to the court indicated by the case's A, B, C, or E cause-number prefix.
2.1 Setting Cases for Contested Motions/Hearings b. If a case has an "A" cause number the party requesting the hearing shall contact the Court Administrator for the 2nd 25 th Judicial District Court. If a case has a "B" cause number the party requesting the hearing shall contact the Court Coordinator for the 274th Judicial District Court. If a case has a "C" cause number the party requesting the hearing shall contact the Court Administrator for the 25 th Judicial District Court. If a case has an "E" cause number the party requesting the hearing shall contact the Court Coordinator for the 456 th Judicial District Court.
Page 4 | 2.1 Setting Cases for Contested Motions/Hearings
Hearings and trials must be scheduled through the administrator for the presiding court, and the requesting party must contact the administrator or coordinator for the assigned district court about potential hearing dates.
2.1 Setting Cases for Contested Motions/Hearings a. All settings for hearings or trials shall be scheduled through the Court Administrator/ for the Court which will be presiding over the hearing or trial. For potential hearing dates, the party requesting the hearing shall contact the Court Administrator/ Coordinator for the District Court which has been assigned the case.
Page 4 | 2.1 Setting Cases for Contested Motions/Hearings
Merits-related communications with the Judge or court personnel outside the presence of the parties are prohibited and must be promptly rejected.
Canon 3, Section B(8) of the Texas Code of Judicial Conduct Expressly Provides that a Judge and Court personnel shall not directly or indirectly initiate, permit, or consider ex parte communications or other communications made to the Judge outside the presence of the parties concerning the merits of a pending or impending judicial proceeding. Any communication to the Judge or Court personnel concerning the merits of a pending or impending judicial proceeding is prohibited and shall be promptly rejected.
Page 1 | Notice Regarding Contact with the Judge or Court Personnel
Obtain all court settings by contacting the court administrator or coordinator assigned to the case.
10. All Court settings shall be obtained by contacting the court administrator/coordinator to which your case has been assigned.
Page 2 | INSTRUCTIONS TO PRO SE LITIGANTS IN DIVORCE CASES
For a case ending in CV-E, contact Lorna Dean by email or phone for court-setting coordination.
E {XX-XXXX-CV-E} Contact Lorna Dean lornad@co.guadalupe.tx.us 830-303-8869 x4
Page 2 | INSTRUCTIONS TO PRO SE LITIGANTS IN DIVORCE CASES
For a case ending in CV-A, contact Rachel Luna by email or phone for court-setting coordination.
A (XX-XXXX-CV-A) Contact Rachel Luna rachel.luna@co.guadalupe.tx.us 830-303-8852 x2
Page 2 | INSTRUCTIONS TO PRO SE LITIGANTS IN DIVORCE CASES
For a case ending in CV-B, contact Kim McMahon by email or phone for court-setting coordination.
B (XX-XXXX-CV-B} Contact Kim McMahon kimberly.mcmahon@co.guadalupe.tx.us 830-303-8852 x3
Page 2 | INSTRUCTIONS TO PRO SE LITIGANTS IN DIVORCE CASES
For a case ending in CV-C, contact Lynn Bothe by email or phone for court-setting coordination.
C (XX-XXXX-CV-C) Contact Lynn Bothe lynnb@co.guadalupe.tx.us 830-303-8852 xl
Page 2 | INSTRUCTIONS TO PRO SE LITIGANTS IN DIVORCE CASES