Harris County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Voucher

Every voucher must include the date and time the work was performed.

All vouchers must include: (1) the date the work was performed; and (2) the time the work was performed.

CRITICAL

Applies to

Occupational license petition

The District Clerk accepts only occupational-license petitions for driving-privilege actions expressly covered by these rules and directs petitions under other provisions to the County Clerk.

The District Clerk shall only accept for filing, a petition seeking an occupational license resulting from a suspension, revocation, cancellation, or denial of a person’s driving privilege expressly covered by these rules. The District Clerk shall direct a person wishing to file a petition seeking an occupational license resulting from a suspension, revocation, denial, or cancellation under a provision not covered in subsection A, below, to the County Clerk of this county.

CRITICALCivil cases

Applies to

Contested matter

All certificates required by the Texas Rules of Civil Procedure must be submitted in contested matters before the probate courts.

All certificates required by the Texas Rules of Civil Procedure are required in all contested matters before the probate courts.

CRITICAL

Applies to

First setting notice

When a bond is filed, the district clerk must give the person filing it written notice of the case’s first setting date.

Further, when a bond is filed with the district clerk, the district clerk shall provide written notice of the case’s first setting date to the person filing the bond.

CRITICAL

Applies to

Order of referral

A court referring a matter to an Associate Judge must enter an Order of Referral.

Each County Criminal Courts at Law Trying Criminal Cases in Harris County referring a matter to an Associate Judge shall enter an Order of Referral pursuant to Texas Government Code 54A.007 and the procedural rules of docketing and transferring cases established by the Rules of Court of the Harris County Criminal Courts at Law (Local Rules).

CRITICAL

Applies to

Probable cause forms

For an arrest for an incarcerable misdemeanor not made under a warrant or other judicial order, probable-cause forms must be completed and filed when the arrestee is booked into the Harris County Jail.

23.2.1.1 Unless arrested pursuant to an arrest warrant, bench warrant, capias, or other order of a magistrate or judge, necessary forms establishing probable cause shall be completed and filed contemporaneous with the arrestee being booked into the Harris County Jail for any misdemeanor punishable by incarceration.

CRITICAL

Applies to

Summons or capias

A summons or capias may not issue without a judicial finding of probable cause.

Neither a summons nor a capias may issue without a judicial finding of probable cause.

CRITICAL

Applies to

Magistrate record

The magistrate must record the defendant’s arrest and appearance dates and times, whether the defendant was informed about requesting counsel, and whether counsel was requested.

23.2.12 THE MAGISTRATE SHALL RECORD THE FOLLOWING: 23.2.12.1 The date and time the defendant was arrested and the date and time when the defendant was brought before the magistrate; 23.2.12.2 Whether the judicial officer informed the defendant of the right to request appointment of counsel, and the procedure for requesting counsel in the trial court; and 23.2.12.3 Whether the defendant requested appointment of counsel.

CRITICAL

Applies to

Summons

A summons against a corporation must require an appearance at 10:00 A.M. on the first Monday after twenty days from service have expired.

The summons shall require that the corporation make an appearance at 10:00 A.M. on the first Monday next following the expiration of twenty days from the date of service.

CRITICAL

Applies to

Attorney of record form

Second-chair counsel must complete and file an attorney-of-record form with the district clerk.

23.10.2.2.2 Second-chair counsel shall complete and file an attorney of record form with the district clerk.

CRITICAL

Applies to

Appointment of counsel forms

Completed forms for requesting appointed counsel must be filed with the deputy district clerk in the court where the case is pending.

The completed forms shall be filed with the deputy district clerk in the court where the case is pending.

CRITICAL

Applies to

Withdrawal as attorney of record

Withdrawal as attorney of record requires a written motion and a court order.

A written motion and order of the court will be required for withdrawal as attorney of record.

CRITICAL

Applies to

Attorney of record form

Second-chair counsel must file an attorney of record form with the district clerk stating on its face that the attorney is second-chair counsel.

Second-chair counsel shall complete and file an attorney of record form with the district clerk. The form shall state on its face that the attorney is second-chair counsel.

CRITICAL

Applies to

Judgment

The district clerk prepares judgments, except that the prosecuting attorney prepares judgments in multi-count cases; each must be presented to the trial judge without delay.

The district clerk of Harris County, Texas, shall prepare the judgment in the case at the time the judgment is rendered using a form approved by the Judges of these Courts, and present it without delay to the trial judge for approval and signature. Judgments in a multi-count indictment or information shall be prepared by the prosecuting attorney at the time the judgment is rendered and the prosecuting attorney shall present it without delay to the trial judge for approval and signature.

CRITICALCivil cases

Applies to

Motion or response

A party that considers oral argument necessary must include its request with the motion or response.

If a party views it as necessary, a request for oral argument must accompany the motion or response.

CRITICAL

Applies to

Bench warrant or attachment

Bench warrants and attachments must state a setting date in the body of the document.

Such documents shall have a setting date in the body of the document and the district clerk shall set accordingly.

CRITICAL

Applies to

Personal bond appearance order

When a defendant signs a personal bond, the hearing officer must order the defendant in writing to appear and direct Pretrial Services to give the defendant written notice of the court date, time, and place.

The criminal law hearing officer ordering the defendant to be released shall, at the time the defendant signs a personal bond, order the defendant, in writing, to appear as provided above, and the hearing officer shall also direct personnel from the Pretrial Services Department to provide the defendant with written notice of the date, time and place that the court will be in session.

CRITICAL

Applies to

Hearing notice

Must include

case number

The hearing notice must state the appeal’s cause number and assigned court, the appearance details, and the specified statement.

The notice shall contain the cause number assigned to the appeal and the court into which the case was assigned; the time, date, and location of the court in which the defendant is to appear; and shall contain the following statement: “The court has scheduled your arraignment and a pretrial hearing in this case on the above date. At this setting you will be asked to enter a plea of not guilty, nolo contendere, guilty, or make any other special plea provided by law. In addition, the Court will hear any matters you or your attorney wish to raise prior to trial at this time. These matters must be raised by written pretrial motion filed with the clerk of the court not later than seven (7) days before the hearing date, unless you receive permission from the judge of the court to file them on another date.”

CRITICALCivil cases

Applies to

Motion

When the court exercises its discretion to require it, a motion must state a submission date at least 10 days after filing, unless the court grants leave.

In the discretion of the court, motions shall state a date of submission which shall be at least 10 days from filing, except on leave of court.

CRITICAL

Applies to

Notice of appearance

Counsel’s written notice of appearance on appeal must be filed with the clerk for the case file and included in the appellate clerk’s transcript.

The written notice of appearance of counsel on appeal will be filed with the clerk for the case file and will become a part of the clerk’s transcript on appeal.

CRITICAL

Applies to

Case addition submission

Approved docket additions must be submitted to the clerk using the county criminal courts at law add-on form.

Those cases approved for addition to the court’s docket will be submitted via the county criminal courts at law add-on form to the clerk of the court by 3:00 p.m. of the day before the case(s) is/are to be added to the docket.

CRITICAL

Applies to

Transfer order

After the docket notation, the transfer order must be prepared, signed by both judges, delivered with the case file, and completed with the receiving-court setting information.

After the docket notation is completed, the clerk of the sending court will prepare a transfer order, obtain the judge’s signature, and cause the signed order and court case file to be timely delivered to the clerk of the receiving court. The clerk of the receiving court will obtain the receiving judge’s signature on the transfer order. At that time, the receiving coordinator will set the case in the receiving court and complete the setting information on the bottom of the transfer order.

CRITICAL

Applies to

Hearing record

A written record must be made of the proceedings.

A written record of the proceedings shall be made.

CRITICAL

The County must notify each arrestee that financial information will be collected by affidavit, explain its nature and significance, and use the required interview language.

In every case, notice must be provided to the arrestee that financial information will be collected through an affidavit, and the County must explain to the arrestee the nature and significance of the financial information to be collected. The language required is as follows: I am [First Name] from Harris County Pretrial Services. I am here to interview you and report your answers to the Court. What you tell me may be used to make decisions about your release from jail and whether a lawyer will be appointed in your defense. Also, you will need to state the amount of money that you can afford to pay at the time of the hearing that will be held after we talk. This is the amount of money you could pay without suffering any hardship in your ability to meet your basic needs, like food, clothing, shelter, phone, medical care, and transportation for you and any dependents. If you cannot afford to pay any money without hardship, please let me know. I will then also ask you to sign a paper with the financial information that you provided. Your answers must be truthful under penalty of law. False answers may be used against you. The information will be shared with the Court, the District Attorney and possibly other agencies. You may refuse to complete the interview, or you may refuse to provide me with the financial information. You will be allowed to talk to an attorney before your bail hearing. You may speak to the attorney before you decide whether to participate in this interview. Do you agree to go forward with the interview and to provide financial information?

CRITICALCivil cases

Applies to

Appointee fee order

Every appointment for which a fee may be paid requires a separate order before the court signs a judgment, dismissal, or nonsuit.

Each person appointed by a judge of a probate court to a position for which any type of fee may be paid shall be paid pursuant to a separate order before any judgment, dismissal or nonsuit is signed by the court. This order is required for every appointment.

CRITICAL

Applies to

Bond reinstatement order bond forfeiture dismissal order or agreed judgment

The bonding agency must present covered reinstatement orders, dismissal orders, and agreed judgments in person only to the judge of the court where the forfeiture occurred.

All bond reinstatement orders, bond forfeiture dismissal orders, and agreed judgments, wherein payments of costs of judgments are involved, shall be presented in person by the bonding agency only to the judge of the court wherein the forfeiture occurred

CRITICAL

Applies to

Occupational license petition

A person may apply for an occupational license by filing a verified petition with the District Clerk of Harris County, Texas if the person’s license:

A person may apply for an occupational license by filing a verified petition with the District Clerk of Harris County, Texas if the person’s license:

CRITICAL

Applies to

Hearing notice

Must include

case number

The appeal notice must identify the assigned cause and court, hearing time, date, and location, and include the specified statement.

The notice shall contain the cause number assigned to the appeal and the court into which the case was assigned; the time, date, and location of the court in which the defendant is to appear; and shall contain the following statement: “The court has scheduled your arraignment and a pretrial hearing in this case on the above date. At this setting you will be asked to enter a plea of not guilty, nolo contendere, guilty, or make any other special plea provided by law. In addition, the Court will hear any matters you or your attorney wish to raise

CRITICAL

Applies to

Record of proceeding

When an arrested person is taken before a judicial officer, the proceeding must be recorded or documented in any combination of electronic recording, written form, or other documentation, including the judicial officer informing the defendant of the right to request appointed counsel.

23.2.4 RECORD OF PROCEEDING. In each case in which a person arrested is taken before a judicial officer, any combination of an electronic recording, written form, or other documentation memorializing: 23.2.4.1the judicial officer informing the defendant of the defendant’s right to request appointment of counsel;

CRITICAL

Applies to

Withdrawal as attorney of record

Withdrawal as attorney of record requires a written motion and a court order.

A written motion and order of the court will be required for withdrawal as attorney of record.

CRITICALCivil cases

Applies to

Vacation designation

For the courts to honor summer or non-summer vacation designations, they must be written and filed with the County Clerk or District Clerk; the rule excludes cases preferentially set for trial before the designation.

The County Civil Courts at Law will honor the written designations for summer vacation weeks and/or non-summer vacation weeks filed with the County Clerk or District Clerk pursuant to the Local Rules of the Civil Trial Division of the Judicial District Courts of Harris County, except for cases preferentially set for trial prior to the vacation designation.

CRITICAL

Applies to

Summons

In the specified corporation misdemeanor cases, process must be a summons requiring an appearance at 10:00 A.M. on the first Monday after twenty days from service expire.

When a misdemeanor information is filed against a corporation in, for example, a pollution case, the process issued shall be a summons rather than a capias. The summons shall require that the corporation make an appearance at 10:00 A.M. on the first Monday next following the expiration of twenty days from the date of service.

CRITICAL

Applies to

Order of judgment

The bonding company must deliver the applicable total costs or judgment and costs to the court with the order of judgment.

The total amount of the costs on bond reinstatements with costs, dismissals with costs, and in the case of agreed judgments the total amount of judgment and costs, will be delivered to the court along with the order of judgment by the bonding company.

CRITICALCivil cases

Applies to

Case transfer

Case transfers between Harris County probate courts must be made by written order of both the transferring and receiving courts.

Transfers. All case transfers between probate courts in Harris County shall be done on the written order of the transferring and receiving courts.

CRITICAL

Applies to

Bench warrant or attachment

Bench warrants and attachments must state a setting date in the body of the document.

Such documents shall have a setting date in the body of the document and the district clerk shall set accordingly.

CRITICAL

Applies to

Affidavit of indigence and financial statement

If an arrestee requests appointed counsel, the judicial officer must ask the arrestee to complete an affidavit of indigence and financial statement and ensure assistance is available.

23.2.11.1 If the arrestee requests the appointment of counsel, the judicial officer shall ask the arrestee to complete an affidavit of indigence and financial statement, and shall ensure the arrestee has assistance in completing the forms.

CRITICAL

Applies to

Forms establishing probable cause

For qualifying misdemeanor arrests not made under the specified warrant or order, probable-cause forms must be completed and filed when the arrestee is booked into the Harris County Jail.

Unless arrested pursuant to an arrest warrant, bench warrant, capias, or other order of a magistrate or judge, necessary forms establishing probable cause shall be completed and filed contemporaneous with the arrestee being booked into the Harris County Jail for any misdemeanor punishable by incarceration.

CRITICAL

Applies to

Motion

All motions in the case must be filed in the name of first-chair counsel.

All motions filed in the case shall be filed in the name of first-chair counsel.

CRITICAL

Applies to

Notice of appearance

Counsel’s written notice of appearance on appeal must be filed with the clerk for the case file.

16.4. The written notice of appearance of counsel on appeal will be filed with the clerk for the case file and will become a part of the clerk’s transcript on appeal.

CRITICAL

Applies to

Motion to substitute counsel

When different counsel is retained to prosecute an appeal, appellate counsel must file a motion to substitute counsel in the county criminal court where judgment was entered.

When notice of appeal is filed and an attorney other than the attorney of record is retained to prosecute the appeal, then appellate counsel shall file a motion to substitute counsel in the county criminal court at law in which judgment was entered.

CRITICAL

Applies to

Occupational license petition

A person may apply for an occupational license by filing a verified petition with the District Clerk of Harris County, Texas if the person’s license:

A person may apply for an occupational license by filing a verified petition with the District Clerk of Harris County, Texas if the person’s license:

CRITICAL

Applies to

Judgment

The district clerk of Harris County, Texas, shall prepare the judgment in the case at the time the judgment is rendered using a form approved by the Judges of these Courts, and present it without delay to the trial judge for approval and signature.

The district clerk of Harris County, Texas, shall prepare the judgment in the case at the time the judgment is rendered using a form approved by the Judges of these Courts, and present it without delay to the trial judge for approval and signature.

CRITICALCivil cases

Applies to

Appointee fee order

The title of an appointee fee order must include the word “Appointee.”

The title of an appointee fee order shall include the word "Appointee".

CRITICAL

Applies to

Transfer order

The completed transfer order and case file must be delivered to the district clerk, entered and verified in the information system after the case-file entries are completed, and a transaction-numbered copy must be filed in the case file.

The clerk of the receiving court will deliver the completed transfer order and the court file to the district clerk’s office. The transfer order will be entered and verified in the records maintained by the Justice Information Management System. The entries in the court case file will be completed prior to data entry/data verification of the transfer order. A copy of the completed transfer order bearing the transaction number will be filed in the court’s case file.

CRITICAL

Applies to

Magistrate record

The magistrate must record the defendant’s arrest and appearance dates and times, whether the defendant was informed about requesting counsel, and whether the defendant requested counsel.

23.2.12 THE MAGISTRATE SHALL RECORD THE FOLLOWING: 23.2.12.1 The date and time the defendant was arrested and the date and time when the defendant was brought before the magistrate; 23.2.12.2 Whether the judicial officer informed the defendant of the right to request appointment of counsel, and the procedure for requesting counsel in the trial court; and 23.2.12.3 Whether the defendant requested appointment of counsel.

CRITICAL

Applies to

Completed appointment-of-counsel forms

Completed appointment-of-counsel forms must be filed with the deputy district clerk in the court where the case is pending.

The completed forms shall be filed with the deputy district clerk in the court where the case is pending.

CRITICAL

Applies to

Docket addition submission

Approved docket additions must be submitted to the court clerk using the county add-on form by 3:00 p.m. the day before, although jail cases may be exempt from that deadline.

5.3. Those cases approved for addition to the court’s docket will be submitted via the county criminal courts at law add-on form to the clerk of the court by 3:00 p.m. of the day before the case(s) is/are to be added to the docket. Jail cases may be exempt from this time requirement.

CRITICALCivil cases

Applies to

Motion or application

Must include

proposed order

Each motion or application must include a separate proposed order granting the requested relief, which may be attached to the filing.

Motions and applications shall be in writing on letter sized paper and shall be accompanied by a proposed order granting the relief sought. The proposed order shall be a separate instrument but may be attached to the back of the motion or application.

CRITICAL

Applies to

Attorney of record form

Retained counsel must complete the court-provided Attorney of Record form and file it with the clerk at the first appearance.

On the first appearance retained counsel shall complete the Attorney of Record form provided by the court and file it with the clerk of the court.

CRITICALCriminal cases

Applies to

Court recorder log

Court recorders must make a detailed, legible log indexed by event date and location and containing the listed proceeding, speaker, timing, and exhibit information.

Making a detailed, legible log for all proceedings being recorded, indexed by the date and location of each event being 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, the time of the day of each event and, the offer, admission or exclusion of all exhibits;