Harris County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Docket notation

The sending-court judge must docket the transfer and identify the receiving court.

When it has been determined that a case is to be transferred from one court to another, the judge of the sending court shall enter a docket notation that the case is to be transferred and shall specify the court to which the case is to be transferred.

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

Record of proceeding

When an arrested person is taken before a judicial officer, the proceeding must be memorialized by an electronic recording, written form, or other documentation, including the 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: 23.2.4.1 the judicial officer informing the defendant of the defendant’s right to request appointment of counsel;

CRITICAL

Applies to

Docket addition request

A request to add a case to the docket must be submitted to the court coordinator and include the case number, defendant's name and status, and reason for the request.

5.2. To request the addition of a case to the court’s docket, the requesting party (district attorney, defense attorney, court clerk, sheriff, et cetera), shall submit to the court coordinator the case number, defendant’s name and status (jail or bond), and the reason for the request.

CRITICALCivil cases

Applies to

Written report

The Associate Judge must prepare a written report on matters requiring one; the report may contain findings, conclusions, or recommendations.

The Associate Judge shall prepare a written report on matters requiring same and said report may contain her findings, conclusions or recommendations;

CRITICAL

Applies to

Reimbursement request

Counsel must submit the original invoice or receipt with any reimbursement request.

23.14.3 ORIGINAL INVOICE OR RECEIPT. Counsel shall submit the original invoice or receipt along with any request for reimbursement.

CRITICALCivil cases

Applies to

Oral argument request

A request for oral argument does not constitute a response under Rule 3.3.3.

A request for an oral argument is not a response under Rule 3.3.3.

CRITICAL

Applies to

Appointed counsel request form

When an accused requests appointed counsel and requests help, the judicial officer must direct Pretrial Services to assist with completing the form, and Pretrial Services must provide that assistance.

if the accused affirmatively requests appointed counsel, the judicial officer shall, if assistance is requested, instruct Pretrial Services Department personnel to assist the accused in completing the form. Pretrial Services Department personnel shall assist the accused in completing the form.

CRITICAL

Applies to

Docket addition submission

Approved docket additions must be submitted to the court 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

Order or judgment

Cash payments may be made in advance and a receipt obtained from the district clerk and presented with the order or judgment.

Cash payments may be made in advance and a receipt obtained from the district clerk and presented with the order or judgment.

CRITICAL

Applies to

Order judgment and accompanying tender

After reinstatement, dismissal, or approval of an agreed judgment, the judge must deliver the order, judgment, and accompanying tender to the court clerk for delivery to the district clerk’s office.

Upon reinstatement, dismissal, or approval of agreed judgment by the judge of the court wherein the forfeiture occurred, the order, judgment, and the accompanying tender shall be delivered by the judge to the clerk of his court for delivery to the district clerk’s office.

CRITICALCivil cases

Applies to

Notice of right to appeal

Notice Of A Right To Appeal A Ruling Of The Associate Judge shall be filed with the county Clerk, Probate Office, 8h floor, Civil Courthouse, 201 Caroline, Houston, Texas or its alternative address in the event same is relocated.

Notice Of A Right To Appeal A Ruling Of The Associate Judge shall be filed with the county Clerk, Probate Office, 8h floor, Civil Courthouse, 201 Caroline, Houston, Texas or its alternative address in the event same is relocated.

CRITICAL

Applies to

Written notice

The hearing officer must direct Pretrial Services to give the defendant written notice of the court session’s date, time, and place.

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

Case docket addition request

A request to add a case to the docket must be submitted to the court coordinator and include the case number, defendant’s name and jail-or-bond status, and the reason for the request.

To request the addition of a case to the court’s docket, the requesting party (district attorney, defense attorney, court clerk, sheriff, et cetera), shall submit to the court coordinator the case number, defendant’s name and status (jail or bond), and the reason for the request.

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

Reimbursement request

Counsel must submit the original invoice or receipt with each reimbursement request.

Counsel shall submit the original invoice or receipt along with any request for reimbursement.

CRITICAL

Applies to

Appeal hearing notice

Must include

case number

The notice must identify the appeal's case number and assigned court, state the appearance time, date, and location, and include the quoted statement, which continues beyond this excerpt.

7.1.3.1. 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

Probable cause forms

For an incarceration-punishable misdemeanor, probable-cause forms must be completed and filed when the arrestee is booked, unless the arrest was made under a warrant, capias, or other magistrate or judge order.

23.2.1.1Unless 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

Notice of setting

A notice of setting must be in writing and filed with the district clerk, or entered on the court’s docket sheets for clerk recording.

Furthermore, a notice of setting will be in writing and filed with the district clerk, or provide notice by entry on the court’s docket sheets. That notice is to be used by the clerk for recording data in the automated system.

CRITICAL

Applies to

Personal bond order

The hearing officer must give the released defendant a written order to appear when the defendant signs a personal bond.

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,

CRITICALCriminal cases

Applies to

Appellate 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.

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

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

Written notice of appearance on appeal

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

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

Itemized fee voucher

An itemized fee voucher must include at least all information needed to complete the expenditure report required by Section 71.0351(e), Government Code.

It shall include at a minimum all the information necessary for the county auditor or other designated official to complete the expenditure report required to be submitted to the Office of Court Administration by Section 71.0351 (e), Government Code.

CRITICAL

Applies to

Written notice

When a bond is filed, the district clerk must give the filer 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

The judicial officer must give each arrestee adequate notice of the rights, protections, and findings relevant to pretrial release or detention, including the hearing’s stated purpose; the notice may be given orally to a group.

The judicial officer must provide adequate notice to every arrestee appearing for a hearing concerning pretrial release and detention of the rights at stake in the hearing and the procedural protections and substantive findings required when determining conditions of pretrial release or detention. The judicial officer may satisfy this requirement by providing a general oral notice to a group of arrested individuals. The judicial officer must provide notice that includes the following in all material respects: - The purpose of this hearing is to determine the least-restrictive pretrial conditions necessary to serve the government’s interest in reasonably assuring public safety and reasonably protecting against flight from prosecution.

CRITICAL

Applies to

Recusal order

A recusing judge must sign an order referring the case to the Presiding Judge and, if no recusal or disqualification motion is pending, briefly state the reason.

Upon voluntarily granting a motion to recuse or disqualify, or on a judge’s decision to recuse or disqualify without a motion, the recusing judge shall sign an order referring the case to the Presiding Judge of these courts. If no motion to recuse or disqualify is pending, the recusing judge shall briefly state the reason for the recusal or disqualification.

CRITICALCriminal cases

Applies to

Reset agreement

A reset agreement must be submitted to the Court for approval and then filed with the Harris County District Clerk.

The reset agreement must be submitted for approval to the Court and subsequently filed with the Harris County District Clerk.

CRITICAL

Applies to

Magistrate record

The magistrate must record the defendant’s arrest and appearance times, whether the defendant was advised 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.

CRITICALCriminal cases

Applies to

Motion to withdraw

An attorney seeking to withdraw before disposition must file a written motion at least 15 days before the trial setting.

If, prior to the disposition of a case, an appointed or retained attorney wishes to withdraw as attorney of record, the attorney must file a written motion to withdraw at least 15 days prior to a trial setting.

CRITICALCivil cases

Applies to

Objection to in person appearance

All counsel, parties, and witnesses must appear in person for all contested hearings, pretrial settings, and all bench trials and jury trials, subject to timely filed objections stating good cause to appear remotely [see TRCP 21d(d)]. Objections must be filed and set for an oral hearing or on submission in advance of the presumptive in-person matter.

All counsel, parties, and witnesses must appear in person for all contested hearings, pretrial settings, and all bench trials and jury trials, subject to timely filed objections stating good cause to appear remotely [see TRCP 21d(d)]. Objections must be filed and set for an oral hearing or on submission in advance of the presumptive in-person matter.

CRITICALCriminal cases

Applies to

Court recorder log and exhibits

The court recorder must file the original log and exhibits with the clerk after the proceeding ends.

Filing with the clerk the original log and exhibits after a proceeding ends,

CRITICAL

Applies to

Pleading brief motion

Must include

certificate of service

Attorney-represented pleadings, briefs, and motions must include an attorney’s manuscript signature and specified identifying information, plus a certification of service.

Every pleading, brief, or motion of a party represented by an attorney, shall bear the manuscript signature of at least one of the attorneys of record, in his individual name, along with his state bar card number, address, and telephone number. The pleading, brief, or motion shall further contain a certification that a copy of the document was mailed or hand-delivered to opposing counsel.

CRITICAL

Applies to

Docket addition request

Must include

case number

A docket-addition request must be submitted to the coordinator and include the case number, defendant’s name and status, and reason for the request.

To request the addition of a case to the court’s docket, the requesting party (district attorney, defense attorney, court clerk, sheriff, et cetera), shall submit to the court coordinator the case number, defendant’s name and status (jail or bond), and the reason for the request.

CRITICAL

Applies to

Motion to substitute counsel

If new counsel is retained to prosecute an appeal, appellate counsel must file a motion to substitute counsel in the 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

Itemized fee voucher

An itemized fee voucher must include at least the information needed to complete the required expenditure report.

It shall include at a minimum all the information necessary for the county auditor or other designated official to complete the expenditure report required to be submitted to the Office of Court Administration by Section 71.0351 (e), Government Code.

CRITICAL

Applies to

Evidence

Evidence affecting a defendant’s release must be presented to the court on the next court workday.

The evidence affecting the defendant’s release shall be presented to the court on the next court workday so that a judicial determination may be made and, if the court finds that the defendant is a juvenile, a transfer to the juvenile court will be immediately processed.

CRITICAL

Applies to

Motion to withdraw

If the original attorney of record will not represent the defendant on appeal, that attorney must file a motion to withdraw in the county criminal court where the case is pending.

When the original attorney of record does not continue to represent the defendant on appeal, then the original attorney of record shall file a motion to withdraw as attorney of record in the county criminal court in which the case is pending.

CRITICAL

Applies to

Pleading brief or motion

Must include

certificate of service

Each pleading, brief, or motion for a represented party must bear an attorney-of-record’s manuscript signature and identifying information, and include a certification that a copy was mailed or hand-delivered to opposing counsel.

Every pleading, brief, or motion of a party represented by an attorney, shall bear the manuscript signature of at least one of the attorneys of record, in his individual name, along with his state bar card number, address, and telephone number. The pleading, brief, or motion shall further contain a certification that a copy of the document was mailed or hand-delivered to opposing counsel.

CRITICAL

Applies to

Transfer order

The sending judge must sign an order transferring the case to the receiving judge.

The sending judge shall sign an order transferring the case to the receiving judge.

CRITICAL

Applies to

Indigence forms

When an arrestee requests appointed counsel, the judicial officer must ask them to complete an affidavit of indigence and financial statement and ensure they receive assistance.

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

Record of proceeding

When an arrested person is taken before a judicial officer, an electronic recording, written form, or other documentation must memorialize the specified counsel-related information and events.

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: 23.2.4.1 the judicial officer informing the defendant of the defendant’s right to request appointment of counsel; 23.2.4.2 the judicial officer asking the person whether the person wants to request the appointment of counsel; 23.2.4.3 instruction on how to request the appointment of counsel and 23.2.4.4 whether the person requested the appointment of counsel.

CRITICAL

Applies to

Complaint

Setting information must appear above the misdemeanor charge on the complaint so it is included on all copies of the indictment, information, and complaint.

The setting information shall be reflected on the complaint document above the misdemeanor charge literal in a manner that will provide the setting information on all copies of the indictment, information, and complaint.

CRITICAL

Applies to

Charging document

Setting information must appear above the misdemeanor charge literal on the complaint so it is reflected on all copies of the indictment, information, and complaint.

The setting information shall be reflected on the complaint document above the misdemeanor charge literal in a manner that will provide the setting information on all copies of the indictment, information, and complaint.

CRITICAL

Applies to

Itemized fee voucher

An itemized fee voucher must include at least the information needed to complete the required expenditure report.

It shall include at a minimum all the information necessary for the county auditor or other designated official to complete the expenditure report required to be submitted to the Office of Court Administration by Section 71.0351 (e), Government Code.

CRITICAL

Applies to

Magistrate admonishment form or probable cause for further detention form

The magistrate’s admonishment form or Probable Cause for Further Detention form must clearly record whether the defendant requests appointed counsel.

23.2.8.1.3 Clearly note on the magistrate’s admonishment form, or Probable Cause for Further Detention form, the defendant’s choice viz: to request the appointment of counsel or not to request the appointment of counsel.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A motion must include a proposed order granting the relief sought.

Motions shall be in writing and shall be accompanied by a proposed order granting the relief sought.

CRITICAL

Applies to

Judgment

The district clerk must prepare judgments on a judge-approved form when rendered and present them without delay, except that the prosecuting attorney prepares and presents judgments in multi-count cases.

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.

CRITICAL

Applies to

Attorney of record form

Retained counsel must complete and file the court’s Attorney of Record form at the first appearance.

16.1. 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.

CRITICAL

Applies to

Transfer order

Duplicate copies of the transfer order must be provided for delivery to the assigned assistant district attorney and defense attorney of record.

Duplicate copies of the transfer order shall also be provided to the clerk of the receiving court for delivery to the assistant district attorney assigned to that court and to the defense attorney of record.