Hale County District Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Continuances require good cause shown in a written motion supported by affidavit.
- There are no summary or automatic first continuances, and all continuances must comply with the rules.
- An attorney requesting a continuance because of a conflicting trial must provide the court and opposing counsel a motion with specified details and attach the conflicting case’s setting notice.
- +4 more
Request must include
Document Format Requirements6 rules
In all jury cases, anticipated jury questions, definitions and instructions shall be submitted to the court in electronic medium, thwnb drive, USB drive, or by email in Word format.
In all jury cases, anticipated jury questions, definitions and instructions shall be submitted to the court in electronic medium, thumb drive, USB drive, or by email in Word format.
- Jury questions definitions and instructions
Formatting
- •Word format
The appendix and transcription must conform to applicable court specifications and the identified appellate-record order and manual.
Court's wording
The form of the appendix and transcription shall conform to any specifications of the Supreme Court and/or the Court of Criminal Appeals and comply with the Order Directing the Form of the Appellate Record and the Uniform Format Manual for Texas Reporter's Records.
any exhibits designated by the parties for inclusion in the reporter's record shall be arranged in numerical order and firmly bound together so far as practicable, together with an index consisting of a brief description identifying each exhibit;
- Reporter record
Formatting
- •Designated exhibits must be arranged in numerical order
The reporter’s record must clearly identify its certified contents and include designated exhibits in numerical order, bound together when practicable, with an identifying index and certified log copies.
Court's wording
Rule 19.03 Reporter's Record. The reporter' s record on appeal from any proceeding of which an electronic recording has been made shall be labeled to reflect clearly the numbered contents certified by the court recorder to be a clear and accurate copy of the original recording of the entire proceedings; any exhibits designated by the parties for inclusion in the reporter' s record shall be arranged in numerical order and firmly bound together so far as practicable, together with an index consisting of a brief description identifying each exhibit; and certified copies of the logs prepared by the court recorder under Rule 13.2, Texas Rules of Appellate Procedure shall be included.
The Court recommends using a form substantially similar to the current Texas Family Law Practice manual form or a court-approved form.
Court's wording
It is recommended that each party file this proposed property division form in a form substantially similar to the form found in the current Texas Family Law Practice manual published by the State Bar of Texas or in a form approved by the Court.
Document Filing Requirements31 rules
All Motions for continuance shall contain a certificate of conference that the request has been discussed with all opposing parties or counsel and that such Motion is agreed or opposed.
- Document
- Continuance motion
Must include
- •Certificate of conference
A request for non-jury setting for a contested case shall include a certification that all discovery is complete, or will be complete within no more than twenty (20) days after the request.
Requests for settings for jury trial shall be made in writing addressed to the appropriate administrator, with notice to all counsel and prose parties, and shall include an estimate of the time required for trial.
A request for a jury-trial setting must certify the status of discovery, payment of the jury fee, and filing of a jury demand.
Court's wording
Requests for settings for jury trials shall include a certification that all discovery is complete, or will be complete at least twenty (20) days prior to the first docket date, that the jury fee has been paid, and that a demand for jury has been filed.
In covered parent-child suits, parties must file their children’s interest seminar completion certificate with the Clerk.
Court's wording
In any suit involving the parent-child relationship, except uncontested adoptions and terminations, all parties shall successfully complete the children' s interest seminar, "For Kids Sake", file their certificate of completion with the Clerk, and require children in their custody between the ages of six and seventeen to attend the "Sandcastles" program.
Any attorney substituting for another attorney of record shall file with the Clerk a written Notice of Substitution signed by the client.
- Document
- Notice of substitution
Must include
- •Signed by the client
A motion to withdraw must include the client's written consent or a certification of mailing with notice of the presentation date and objection procedure; the notice must be in the motion or an attached letter.
Court's wording
no attorney of record shall attempt to withdraw without presenting a motion and obtaining from the court an order granting leave to withdraw. Such motion shall be accompanied by the client's written consent to such withdrawal or a certification that a copy of such motion has been mailed to the client at his/her last known address, with notice advising the client that the motion will be presented to the court at a date not less than 10 days after mailing, and that any objection to such withdrawal should be made to the court in writing before such date. Such notice shall be included within the Motion or a copy of the letter attached to the motion.
The court recorder’s log must be detailed and legible and include the specified proceeding, speaker, event, and exhibit information.
Court's wording
b. Making a detailed, legible log for all proceedings recorded, indexed by the date and location of each event recorded, and showing the number and style of the proceeding before the court, the correct name of each person speaking, the nature of the proceeding (e.g. voir dire, opening, examination of witnesses, cross-examination, argument, bench conferences, whether in the presence of the jury, etc.), the time of the day of each event and, the offer, admission or exclusion of all exhibits;
Rule 19.05 Appendix. Each party shall file with its brief an appendix containing a written transcription of all portions of the recorded reporter' s record and a copy of all exhibits relevant to the issues raised on appeal.
All Motions for continuance shall contain a certificate of conference that the request has been discussed with all opposing parties or counsel and that such Motion is agreed or opposed.
- Document
- Continuance motion
Must include
- •Certificate of conference
Such requests shall be addressed in writing to the appropriate administrator,
with notice to all counsel and pro se parties, and shall include an estimate of the time required for trial.
A request for non-jury setting for a contested case shall include a certification that all discovery is complete, or will be complete within no more than twenty (20) days after the request.
Requests for settings for jury trial shall be made in writing addressed to the appropriate administrator, with notice to all counsel and pro se parties, and shall include an estimate of the time required for trial.
A jury-trial setting request must certify the discovery status, payment of the jury fee, and filing of a jury demand.
Court's wording
Requests for settings for jury trials shall include a certification that all discovery is complete, or will be complete at least twenty (20) days prior to the first docket date, that the jury fee has been paid, and that a demand for jury has been filed.
In disputed property division cases, each attorney must submit an inventory of property, values, and debts and a proposed property division by the commencement of trial.
Court's wording
In disputed property division cases, each attorney shall submit to the court and opposing counsel not later than the commencement of trial an inventory of property, with values, and debts and a proposed property division including property claimed or recognized as separate property.
In covered parent-child suits, parties must complete the specified seminar and file its completion certificate before the final hearing, subject to the stated exceptions and waiver.
Court's wording
In any suit involving the parent-child relationship, except uncontested adoptions and terminations, all parties shall successfully complete the children's interest seminar, "For Kids Sake", file their certificate of completion with the Clerk, and require children in their custody between the ages of six and seventeen to attend the "Sandcastles" program. Each party will be responsible for payment of the appropriate fees. Such seminars shall be completed prior to the final hearing. Failure to successfully complete the seminars may result in sanctions under Rule 215, Texas Rules of Civil Procedure, contempt of Court, or delay of the final hearing. For good cause shown, the Judge may waive the requirement of completion of the seminars. If such seminars have been completed, no additional attendance is required in the event of motions to modify or enforce.
Any attorney substituting for another attorney of record shall file with the Clerk a written Notice of Substitution signed by the client.
Without a substitution, an attorney must obtain leave of court to withdraw and accompany the motion with the client’s written consent or a certification of mailing that includes the specified notice; the notice must be in the motion or attached as a letter.
Court's wording
If there is no substitution of counsel as provided in Rule 10.02, no attorney of record shall attempt to withdraw without presenting a motion and obtaining from the court an order granting leave to withdraw. Such motion shall be accompanied by the client's written consent to such withdrawal or a certification that a copy of such motion has been mailed to the client at his/her last known address, with notice advising the client that the motion will be presented to the court at a date not less than 10 days after mailing, and that any objection to such withdrawal should be made to the court in writing before such date. Such notice shall be included within the Motion or a copy of the letter attached to the motion.
The reporter’s record must clearly identify its numbered contents and certify them as a clear and accurate copy of the entire proceeding.
Court's wording
The reporter's record on appeal from any proceeding of which an electronic recording has been made shall be labeled to reflect clearly the numbered contents certified by the court recorder to be a clear and accurate copy of the original recording of the entire proceedings;
An index accompanying the reporter’s record exhibits must briefly identify each exhibit.
Court's wording
any exhibits designated by the parties for inclusion in the reporter's record shall be arranged in numerical order and firmly bound together so far as practicable, together with an index consisting of a brief description identifying each exhibit;
Each party shall file with its brief an appendix containing a written transcription of all portions of the recorded reporter's record and a copy of all exhibits relevant to the issues raised on appeal.
If a party is unable to afford costs, the court recorder must transcribe or have transcribed the recorded reporter's record and file the transcription as that party's appendix, along with all exhibits.
The Petitioner must file the order attached to the original petition and every copy; if omitted, the clerk must request correction and notify the administrative judge if the Petitioner does not comply.
Court's wording
8.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition at the time the petition is filed. If the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the clerk shall notify Petitioner of this Order and request Petitioner correct the filed petition and each copy and attach a copy of this order. If the Petitioner fails or refuses to do so, the clerk shall notify the administrative judge for the district.
Presenting an ex parte application represents that opposing counsel is absent or that one of the stated notice conditions applies.
Court's wording
By presenting any application for an ex parte order, counsel is deemed to represent to the Court that: 12.1 to the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or 12.2 if the party against whom the relief is sought is represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) counsel presenting the application has diligently attempted to notify opposing counsel, has been unable to do so, and the circumstance do not permit additional efforts to give such notice.
11.2 Each party completing the course shall file a certificate of completion with the court within thirty (30) days of completion of the course, or at the time of that party's next court appearance, whichever is sooner.
In all cases in which temporary support of a spouse and/or the child is in issue, each party shall be required to furnish: 14.3 All payroll statements, pay stubs, W2 forms, and 1099 forms which evidence that party's earnings for the calendar year prior to the temporary hearing and from January 1 of the current year through the date of the temporary hearing.
In all cases in which temporary support of a spouse and/or the child is in issue, each party shall be required to furnish: 14.2 Copies of that party's federal income tax returns for the two calendar years prior to the temporary hearing.
When temporary support is at issue, each party must furnish a monthly income and expense statement in a substantially similar or court-approved form.
Court's wording
In all cases in which temporary support of a spouse and/or the child is in issue, each party shall be required to furnish: 14.1 A statement of monthly income and expenses in a form substantially similar to the form found in the current Texas Family Law Practice manual published by the State Bar of Texas or in a form approved by this Court.
When property or debts are at issue, each party must file a proposed property division form covering all claimed property, debts, and liabilities.
Court's wording
15.1 In all cases in which the character, value or division of property or debts is in issue, each party shall file a proposed property division form including all of the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.
The appellate court may direct a party to file a supplemental appendix containing a written transcription of additional portions of the recorded reporter's record.
Filing & Service rules
Electronic Filing Rules
In jury cases, anticipated jury questions, definitions, and instructions must be submitted to the court electronically, on a thumb drive or USB drive, or by email.
In all jury cases, anticipated jury questions, definitions and instructions shall be submitted to the court in electronic medium, thumb drive, USB drive, or by email in Word format.
Page 9 | Rule 3.15 Jury Questions and Instructions
Agreed or approved judgments and orders should be submitted electronically to the judge for signature.
Agreed or approved judgments and orders should be submitted by E-File for submission to the Judge for signature.
Page 6 | RULE 1 - GENERAL RULES WITH RESPECT TO DISPOSITION OF CASES
Agreed or approved judgments and orders should be submitted electronically for the Judge’s signature.
Agreed or approved judgments and orders should be submitted by E-File for submission to the Judge for signature.
Page 7 | Rule 1.09 — Submission of Orders, Judgments, Instruments
Discovery documents need not be filed unless another rule or a court order requires filing.
Discovery documents need not be filed with the Clerks unless filing is required by other rule or court order.
Page 9 | Rule 3.11 Discovery Documents
Filing Timing and Cure Windows
A contested, unapproved order or judgment may be submitted no sooner than 10 days after its copy is mailed or delivered with instructions to send written objections to the court before submission.
In contested matters, orders and judgments which are not agreed or approved shall be submitted no sooner than 10 days after a copy has been mailed or delivered to opposing counsel or prose party with instructions to opposing counsel or party to send written objections to the trial court before the proposed submission date.
Page 6 | RULE 1 - GENERAL RULES WITH RESPECT TO DISPOSITION OF CASES
Attorneys in charge or pro se parties must file a case-status report with the clerk within one year of referral to the Suspense Docket or the last status report.
Within one year of referral of a case to a Suspense Docket or the last status report, all attorneys in charge or prose parties shall file with the clerk a report explaining the status of the case.
Page 7 | Rule 3.09 Suspense Docket
Summary judgment matters are heard by submission, and briefs are due by the submission date.
Summary judgments are heard by submission only with briefs due by the submission date.
Page 8 | Rule 3.12 Summary Judgments
Except for first degree felonies or when good cause is shown, plea bargains must be announced in person at docket call or received in writing by 5:00 P.M. on the Tuesday before trial week.
b. Unless good cause is shown, plea bargains, except for first degree felonies, must be announced to the court in person at docket call or in writing received by the Court not later than 5:00 P.M. on the Tuesday prior to trial week or will not be approved.
Page 11 | Rule 5.09 Plea Bargains
After a proceeding ends, the original log and exhibits must be filed with the clerk, and a properly labeled certified recording must be delivered to the court within ten days.
c. Filing with the clerk the original log and exhibits after a proceeding ends, and within ten days, delivering to the court a certified copy of the recording of the proceeding that is appropriately labeled as required herein, to be stored at the court;
Page 15 | Rule 19.02 Duties of Court Recorders
The court recorder must file the reporter’s record with the court of appeals within fifteen days after the appeal is perfected, without changing other appellate filing deadlines.
Rule 19.04 Time for Filing. The court recorder shall file the reporter' s record with the court of appeals within fifteen days after the perfection of an appeal. No other filing deadlines as set in the Texas Rules of Appellate Procedure are changed.
Page 16 | Rule 19.04 Time for Filing
In contested matters, unagreed orders and judgments may not be submitted until at least 10 days after a copy is mailed or delivered with instructions for written objections before the proposed submission date.
In contested matters, orders and judgments which are not agreed or approved shall be submitted no sooner than 10 days after a copy has been mailed or delivered to opposing counsel or pro se party with instructions to opposing counsel or party to send written objections to the trial court before the proposed submission date.
Page 7 | Rule 1.09 — Submission of Orders, Judgments, Instruments
Attorneys in charge or pro se parties must file a case-status report within one year of referral to the Suspense Docket or the last status report.
Within one year of referral of a case to a Suspense Docket or the last status report, all attorneys in charge or pro se parties shall file with the clerk a report explaining the status of the case.
Page 8 | Rule 3.09 — Suspense Docket
Unless good cause is shown, plea bargains other than first-degree felonies must be announced in person at docket call or received in writing by 5:00 P.M. Tuesday before trial week to be approved.
b. Unless good cause is shown, plea bargains, except for first degree felonies, must be announced to the court in person at docket call or in writing received by the Court not later than 5:00 P.M. on the Tuesday prior to trial week or will not be approved.
Page 12 | Rule 5.09 Plea Bargains
The court recorder must file the reporter’s record with the court of appeals within fifteen days after appeal perfection; other Texas Rules of Appellate Procedure deadlines remain unchanged.
The court recorder shall file the reporter's record with the court of appeals within fifteen days after the perfection of an appeal. No other filing deadlines as set in the Texas Rules of Appellate Procedure are changed.
Page 17 | Rule 19.04 — Time for Filing
The certificate of completion is due within 30 days of course completion or at the party's next court appearance, whichever is sooner.
11.2 Each party completing the course shall file a certificate of completion with the court within thirty (30) days of completion of the course, or at the time of that party's next court appearance, whichever is sooner.
Civil cases
Page 7 | 11. PARENT EDUCATION AND STABILIZATION.
If no such report is filed within said time, the case may be set for dismissal.
If no such report is filed within said time, the case may be set for dismissal.
Page 7 | Rule 3.09 Suspense Docket
A party may request oral argument by submitting a request to the administrator before the submission date.
Any party may request oral argwnent by request made to the administrator prior to the submission date.
Page 8 | Rule 3.12 Summary Judgments
Service and Proof of Service Rules
A copy of a contested, unapproved order or judgment must be mailed or delivered to opposing counsel or a pro se party with instructions about submitting written objections before the proposed submission date.
In contested matters, orders and judgments which are not agreed or approved shall be submitted no sooner than 10 days after a copy has been mailed or delivered to opposing counsel or prose party with instructions to opposing counsel or party to send written objections to the trial court before the proposed submission date.
Page 6 | RULE 1 - GENERAL RULES WITH RESPECT TO DISPOSITION OF CASES
After a hearing setting is obtained for a pre-trial motion, the moving party must provide proper notice or citation to all opposing parties entitled to it.
After setting is obtained, it is the responsibility of the moving party to obtain proper notice to or citation on all opposing parties entitled thereto.
Page 7 | Rule 3.10 Hearings on Pre-Trial Pleas and Motions
In a disputed property division case, each attorney must submit a property inventory to the court and opposing counsel no later than the commencement of trial.
In disputed property division cases, each attorney shall submit to the court and opposing counsel not later than the commencement of trial an inventory of property, with
Page 8 | Rule 4.02 Inventories and Disposition Proposals in Property Cases
Upon employment, a defense attorney must immediately give written notice to the district attorney and the respective administrator.
Immediately upon employment, the defense attorney shall give written notice thereof to the district attorney and to the respective administrator.
Page 10 | Rule 5.03 Appearance of Defendant and Counsel
When filing a notice of substitution, the substituting attorney must furnish a copy to the judge, the replaced attorney, and all other attorneys of record or pro se parties.
At the time of filing, such attorney shall furnish a copy of the notice to the Judge, the attorney for whom substitution is being made, and all other attorneys of record or pro-se parties.
Page 11 | Rule 10.02 Substitutions
A copy of a motion to withdraw must be delivered or mailed to opposing counsel.
A copy of the motion shall also be delivered or mailed to opposing counsel.
Page 13 | Rule 10.03 Withdrawal
After leave to withdraw is granted, the attorney must notify the party and all other attorneys or self-represented parties by certified mail, email, or E-File notification.
If leave is granted, the attorney shall notify the party and all other attorneys or pro se parties of such action by certified mail, email, or E-File notification.
Page 13 | Rule 10.03 Withdrawal
A copy of an unagreed order or judgment must be mailed or delivered to opposing counsel or the pro se party with instructions for submitting written objections before the proposed submission date.
In contested matters, orders and judgments which are not agreed or approved shall be submitted no sooner than 10 days after a copy has been mailed or delivered to opposing counsel or pro se party with instructions to opposing counsel or party to send written objections to the trial court before the proposed submission date.
Page 7 | Rule 1.09 — Submission of Orders, Judgments, Instruments
After a hearing on a pre-trial plea or motion is set, the moving party must provide proper notice or citation to all opposing parties entitled to it.
After setting is obtained, it is the responsibility of the moving party to obtain proper notice to or citation on all opposing parties entitled thereto.
Page 8 | Rule 3.10 — Hearings on Pre-Trial Pleas and Motions
When filing a notice of substitution, the substituting attorney must furnish a copy to the judge, the attorney being replaced, and all other attorneys of record or pro se parties.
At the time of filing, such attorney shall furnish a copy of the notice to the Judge, the attorney for whom substitution is being made, and all other attorneys of record or pro-se parties.
Page 13 | RULE 10 – ATTORNEY MATTERS
If leave to withdraw is granted, the attorney must notify the party and all other attorneys or pro se parties by certified mail, email, or E-File notification.
If leave is granted, the attorney shall notify the party and all other attorneys or pro se parties of such action by certified mail, email, or E-File notification.
Page 14 | RULE 10 – ATTORNEY MATTERS
A copy of a motion to withdraw must be delivered or mailed to opposing counsel.
A copy of the motion shall also be delivered or mailed to opposing counsel.
Page 14 | RULE 10 – ATTORNEY MATTERS
The order takes effect when the original petition is filed, initially remains effective as a temporary restraining order for fourteen days after filing, and continues as a temporary injunction if unchallenged at a hearing on or before fourteen days after service.
8.2 This order is effective upon the filing of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen days after the date of the filing of the original petition. If, after service, no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of service of the original petition, this order shall continue in full force and effect as a temporary injunction until further order of this court. This entire order will terminate and will no longer be effective only upon further order of the court, entry of a final order or dismissal of the case.
Civil cases
Page 6 | 8. SERVICE AND APPLICATION OF THIS ORDER
Each administrator must notify attorneys, bondsmen, and pro-se parties of the docket call’s time, date, and place.
Each administrator shall send notices to attorneys, bondsmen and pro-se parties of the time, date, and place of docket call.
Page 10 | Rule 5.06 Docket calls
Upon employment, defense counsel must promptly give written notice to the district attorney and the respective administrator.
Immediately upon employment, the defense attorney shall give written notice thereof to the district attorney and to the respective administrator.
Page 11 | Rule 5.03 Appearance of Defendant and Counsel
Each administrator must notify attorneys, bondsmen, and pro se parties of the time, date, and place of docket call.
a. Each administrator shall send notices to attorneys, bondsmen and pro-se parties of the time, date, and place of docket call.
Page 11 | Rule 5.06 Docket calls
Adjournment & Extension Requirements
Continuances require good cause shown in a written motion supported by affidavit.
Continuances will not be granted except for good cause shown upon written Motion supported by affidavit.
Page 5 | RULE 1 - GENERAL RULES WITH RESPECT TO DISPOSITION OF CASES
An attorney requesting a continuance because of a conflicting trial must provide the court and opposing counsel a motion with specified details and attach the conflicting case’s setting notice.
An attorney seeking to have a case continued on the grounds that the attorney is to go to trial in another court, shall furnish the court and opposing counsel with a Motion for Continuance, which shall disclose the name of the court in which such other case is filed, the style of the case, the time for which such case is set, and the date on which the conflicting setting was made. A copy of the setting notice of the conflicting case shall be attached to the motion.
Page 11 | Rule 10.01 Conflicting Settings
If the conflicting case is passed, continued, or disposed of before or during the week of trial, the attorney must immediately notify the judge and opposing counsel.
In the event the conflicting case is passed, continued or disposed of prior to or during the week in which the case is set for trial under these Rules, the attorney shall immediately notify the Judge and opposing counsel of such fact.
Page 11 | Rule 10.01 Conflicting Settings
A continuance requires good cause shown in a written motion supported by affidavit.
Continuances will not be granted except for good cause shown upon written Motion supported by affidavit.
Page 6 | RULE 1 - GENERAL RULES WITH RESPECT TO DISPOSITION OF CASES
Summary or automatic first continuances are not allowed, and continuances must comply with the rules.
**Continuances.** There will be no summary or automatic “first” continuances. All continuances shall comply with these rules.
Page 12 | Rule 5.08 Continuances
An attorney seeking a continuance because of a conflicting trial must provide a motion with specified case and setting information and attach the conflicting setting notice; the attorney must immediately notify the judge and opposing counsel if the other case is passed, continued, or disposed of during the specified period.
a. An attorney seeking to have a case continued on the grounds that the attorney is to go to trial in another court, shall furnish the court and opposing counsel with a Motion for Continuance, which shall disclose the name of the court in which such other case is filed, the style of the case, the time for which such case is set, and the date on which the conflicting setting was made. A copy of the setting notice of the conflicting case shall be attached to the motion. In the event the conflicting case is passed, continued or disposed of prior to or during the week in which the case is set for trial under these Rules, the attorney shall immediately notify the Judge and opposing counsel of such fact.
Page 13 | RULE 10 – ATTORNEY MATTERS
There are no summary or automatic first continuances, and all continuances must comply with the rules.
Rule 5.08 Continuances. There will be no summary or automatic "first" continuances. All continuances shall comply with these rules.
Page 11 | Rule 5.08 Continuances