Harris County Courts at Law Document Filing Requirements

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.

CRITICALCriminal cases

Applies to

Motion to substitute counsel

A motion to substitute counsel must name both the incoming attorney and the attorney being relieved.

An attorney retained to replace existing counsel must file a written motion to substitute counsel, naming both the attorney substituting in and the attorney being relieved.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Each motion must be accompanied by a proposed order granting the requested relief.

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

CRITICAL

Applies to

Order or judgment

If cash is paid in advance, the receipt from the district clerk must be presented with the order or judgment.

Money orders, cashier’s checks, and firm checks, payable to the Harris County district clerk, are the only tender that will be accepted. 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

Hearing files

Files necessary to conduct the hearings must be present and available to the criminal law hearing officer.

Personnel and electronic files, along with original and hard copy files, where appropriate, from the district attorney, district clerk, and Pretrial Services Department necessary to conduct the hearings shall be present and made available to the criminal law hearing officer.

CRITICALCriminal cases

Applies to

Request to cover proceeding

Anyone wishing to cover a proceeding must file a request with the court clerk.

A person wishing to broadcast, televise, record, or photograph a court proceeding must file with the court clerk a request to cover the proceeding

CRITICAL

Applies to

Judgment in multi count indictment or information

For a multi-count indictment or information, the prosecuting attorney must prepare the judgment when it is rendered 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

Affidavit of indigence and financial statement

When 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 to complete them.

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

Motion to withdraw as attorney of record

If original counsel will not represent the defendant on appeal, that counsel 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

Hearing record

If audio/video technology is used, the court must retain a recording of the entire hearing for 120 days and make a written record of the proceedings.

In circumstances where audio/video technology is utilized, the entire hearing must be recorded and maintained by the court for a period of one hundred twenty (120) days after the hearing. A written record of the proceedings shall be made.

CRITICAL

Applies to

Pleading brief or motion

Must include

certificate of service

An attorney-represented party’s pleading, brief, or motion must bear an attorney of record’s manuscript signature and identifying information and contain 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

Magistrate admonishment form or probable cause for further detention form

The judicial officer must clearly record on the specified form whether the defendant chooses to request 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.

CRITICAL

Applies to

Motion

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

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

CRITICAL

Applies to

Motion to withdraw

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

Hearing recording

If audio/video technology is used, the entire hearing must be recorded and the court must maintain the recording for 120 days after the hearing.

In circumstances where audio/video technology is utilized, the entire hearing must be recorded and maintained by the court for a period of one hundred twenty (120) days after the hearing.

CRITICAL

Applies to

Pretrial motion

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.

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.

CRITICAL

Applies to

Money bail order or pretrial detention order

A money-bail order must include reviewable on-record findings supported by clear and convincing evidence, and those findings and procedures are also required for an order of pretrial detention.

9.12.6 If the judicial officer requires money bail as a condition of release, the money bail order must be accompanied by substantive findings on the record that are reviewable by a higher court. The findings must be that, by clear and convincing evidence: (1) the arrestee has the ability at the time of the hearing to pay the amount required, or (2) that the arrestee does not have the ability to pay the amount required, but alternative conditions of release were considered, no less-restrictive condition or combination of conditions could reasonably assure the safety of the community or reasonably protect against flight from prosecution, and imposition of unaffordable money bail is necessary to reasonably assure the safety of the community or to reasonably protect against flight from prosecution. These findings and procedures must be provided if the court imposes an order of pretrial detention, either through an unattainable financial condition or directly through an order of pretrial detention.

CRITICAL

Applies to

Written order

If appellate counsel’s identity cannot be determined or is disputed, the Clerk’s Record may not be released without a written order from a county criminal court judge.

If the identity of the attorney of record on appeal cannot be ascertained or is in dispute, the clerk shall refer the attorney to the judge of the court in which judgment was entered and shall not release a copy of the Clerk’s Record without a written order from a judge of a county criminal court at law.

CRITICAL

Applies to

Motion to substitute counsel

When new appellate counsel is retained after notice of appeal, that 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.

CRITICALCivil cases

Applies to

Response

Must include

proposed order

Responses must be written and accompanied by a separate proposed written order, which may be attached to the filing.

All responses shall be in writing and shall be accompanied by a proposed written order. The proposed order shall be a separate instrument but may be attached to the back of the motion or application.

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.

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.

CRITICALCriminal cases

Applies to

Order of referral

A Felony District Court referring a matter to an Associate Judge must enter an Order of Referral under the stated authority and procedures.

Each Felony District Court 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 Felony Division Board.

CRITICALCivil cases

Applies to

Notice of court proceeding

Notices of court proceedings must include participation information, including the proceeding location or electronic-joining instructions, the court's designated contact information, and evidence-submission instructions.

Notice of all court proceedings must contain all information needed to participate in the proceeding pursuant to TRCP 21(b), including the location of the proceeding or instructions for joining the proceeding electronically, the court's designated contact information, and instructions for submitting evidence.

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.

CRITICAL

Applies to

Probable cause hearing files

Files from the district attorney, district clerk, and Pretrial Services necessary for the probable-cause hearings must be present and available to the hearing officer.

Personnel and electronic files, along with original and hard copy files, where appropriate, from the district attorney, district clerk, and Pretrial Services Department necessary to conduct the hearings shall be present and made available to the criminal law hearing officer.

CRITICAL

Applies to

Bond reinstatement order bond forfeiture dismissal order or agreed judgment

Covered bond reinstatement orders, forfeiture dismissal orders, and agreed judgments must be presented in person by the bonding agency 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

Notice of setting

A notice of setting must be in writing and filed with the district clerk, or notice may be provided by entry on the court’s docket sheets.

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

Process

For a misdemeanor information against a corporation, the process issued must be a summons rather than a capias.

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.

CRITICAL

Applies to

Completed appointed counsel request forms

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

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

CRITICAL

Applies to

Reimbursement request

Any request for reimbursement must be submitted with the original invoice or receipt.

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

CRITICAL

Applies to

Investigative services payment request

A request for investigative-service payment exceeding $800 for a single defendant must be filed with the trial court.

Any request resulting in total payment in excess of $800 for investigative services performed on behalf of a single defendant must be filed with the trial court in accordance with with TEX. CODE CRIM. PROC. ANN. arts. 26.056 (f) and (g).

CRITICALCivil cases

Applies to

Motion or response

If a party considers oral argument necessary, its request must accompany 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

Order of referral

A County Criminal Court at Law 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

Notice of setting

A notice of setting must be in writing and filed with the district clerk, or notice may be provided by entry on the court’s docket sheets.

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.

CRITICAL

Applies to

Summons

For a misdemeanor information against a corporation, process must be a summons requiring appearance at 10:00 A.M. on the first Monday after twenty days have expired from service.

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

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

Written order

If the appellate attorney’s identity cannot be determined or is disputed, the clerk must refer the attorney to the judge and may not release the Clerk’s Record without a written order from a county criminal court at law judge.

If the identity of the attorney of record on appeal cannot be ascertained or is in dispute, the clerk shall refer the attorney to the judge of the court in which judgment was entered and shall not release a copy of the Clerk’s Record without a written order from a judge of a county criminal court at law.

CRITICAL

Applies to

Appointed counsel request

A request for appointed counsel and supporting documents must be forwarded immediately to the judge handling the case.

immediately forward, or cause to be forwarded, a request for appointed counsel and any supporting documents to the judge of the court in which the case is pending;

CRITICALCriminal cases

Applies to

Appellate appendix

If a party cannot afford costs, the court recorder must prepare or obtain a transcription and file it as that party’s appendix along 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.

CRITICAL

Applies to

Hearing record

The hearing officer must record when the accused does not request appointed counsel, if applicable.

record the fact that the accused does not request appointed counsel, if applicable;

CRITICAL

Applies to

Attorney withdrawal

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

Reimbursement request

Counsel must submit reimbursement requests in accordance with Harris County policies.

23.13.7.3 Counsel shall submit requests for reimbursement in accordance with Harris County policies.

CRITICAL

Applies to

Detention or money bail order

If the court imposes or continues detention or unaffordable money bail, it must make the findings required by Local Rule 9.12.6.

Specifically, the court is required to afford the arrestee counsel under Local Rule 9.12.1 and to make findings under Local Rule 9.12.6 if the court imposes or continues an order of detention or money bail set at an unaffordable amount.

CRITICAL

Applies to

Pretrial motion

These matters must be raised in a written pretrial motion.

These matters must be raised by written pretrial motion

CRITICAL

Applies to

First setting notice

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

Applies to

Appearance notice

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

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

Complaint

Setting information must appear above the misdemeanor charge literal on the complaint document so it appears 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

Magistrate admonishment form or probable cause for further detention form

The judicial officer must note the defendant’s choice about appointed counsel on one of the specified forms.

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.

CRITICAL

Applies to

Reimbursement request

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

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

CRITICAL

Applies to

Judgment

For a multi-count indictment or information, the prosecuting attorney must prepare the judgment when it is rendered 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.