Hale County District Court Document Filing Requirements

CRITICAL

Applies to

Continuance motion

Must include

certificate of conference

A continuance motion must include a certificate stating that the request was discussed with all opposing parties or counsel and whether it is agreed or opposed.

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.

CRITICAL

Applies to

Contested non jury setting request

A contested non-jury setting request must certify that discovery is complete or will be complete within 20 days after the request.

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.

CRITICAL

Applies to

Jury trial setting request

A request for a jury-trial setting must certify the status of discovery, payment of the jury fee, and filing of a jury demand.

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.

CRITICAL

Applies to

Jury trial setting request

A jury-trial setting request must be in writing to the appropriate administrator, with notice to all counsel and pro se parties, and include an estimated trial duration.

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.

CRITICAL

Applies to

Certificate of completion

In covered parent-child suits, parties must file their children’s interest seminar completion certificate with the Clerk.

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.

CRITICAL

Applies to

Notice of substitution

An attorney substituting for counsel of record must file a written notice of substitution signed by the client.

Any attorney substituting for another attorney of record shall file with the Clerk a written Notice of Substitution signed by the client.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Court recorder log

The court recorder’s log must be detailed and legible and include the specified proceeding, speaker, event, and exhibit information.

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;

CRITICAL

Applies to

Appellate brief appendix

Each party must file an appendix with its brief containing written transcriptions of all relevant recorded portions and copies of exhibits relevant to the appellate issues.

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.

CRITICAL

Applies to

Continuance motion

Must include

certificate of conference

A continuance motion must include a certificate stating that the request was discussed with all opposing parties or counsel and whether it is agreed or opposed.

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.

CRITICAL

Applies to

Request for contested non jury setting

A request for a contested non-jury setting must certify that discovery is complete or will be complete within 20 days after the request.

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.

CRITICAL

Applies to

Request for contested non jury setting

A request for a contested non-jury setting must be in writing and addressed to the appropriate administrator.

Such requests shall be addressed in writing to the appropriate administrator,

CRITICAL

Applies to

Request for contested non jury setting

A contested non-jury setting request must give notice to all counsel and pro se parties and include an estimate of trial time.

with notice to all counsel and pro se parties, and shall include an estimate of the time required for trial.

CRITICAL

Applies to

Request for jury trial setting

A jury-trial setting request must certify the discovery status, payment of the jury fee, and filing of a jury demand.

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.

CRITICAL

Applies to

Request for jury trial setting

A jury-trial setting request must be in writing, addressed to the appropriate administrator, noticed to all counsel and pro se parties, and include an estimate of trial time.

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.

CRITICAL

Applies to

Property inventory and proposed division

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.

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.

CRITICAL

Applies to

Children interest seminar certificate of completion

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.

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.

CRITICAL

Applies to

Notice of substitution

Must include

signature block

An attorney substituting for counsel of record must file a written notice of substitution signed by the client.

Any attorney substituting for another attorney of record shall file with the Clerk a written Notice of Substitution signed by the client.

CRITICAL

Applies to

Motion to withdraw

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.

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.

CRITICAL

Applies to

Reporter record

The reporter’s record must clearly identify its numbered contents and certify them as a clear and accurate copy of the entire proceeding.

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;

CRITICAL

Applies to

Reporter record

An index accompanying the reporter’s record exhibits must briefly identify each exhibit.

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;

CRITICAL

Applies to

Appendix

Each party must file an appendix with its brief containing written transcriptions of all relevant recorded portions and copies of all exhibits relevant to the appellate issues.

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.

CRITICAL

Applies to

Appendix

If a party cannot afford costs, the court recorder must arrange transcription and file it as that party’s appendix together with all exhibits.

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.

CRITICALCivil cases

Applies to

Original petition

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.

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.

CRITICALCivil cases

Applies to

Ex parte order application

Presenting an ex parte application represents that opposing counsel is absent or that one of the stated notice conditions applies.

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.

CRITICALCivil cases

Applies to

Temporary support 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.

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.

CRITICALCivil cases

Applies to

Temporary support hearing

When temporary support is at issue, each party must furnish copies of federal income tax returns for the two calendar years before 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.

CRITICALCivil cases

Applies to

Temporary support 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: 14.3 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: 14.3 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.

CRITICALCivil cases

Applies to

Proposed property division form

When property or debts are at issue, each party must file a proposed property division form covering all claimed property, debts, and liabilities.

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.

CRITICALCivil cases

Applies to

Course completion certificate

A party completing the course must file a certificate of completion by 30 days after completion or at the party's next court appearance, whichever comes first.

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.

WARNING

Applies to

Supplemental appendix

The appellate court may direct a party to file a supplemental appendix with transcriptions of additional portions of the recorded reporter’s record.

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.