Harris County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Transfer order

A copy of the completed transfer order bearing the transaction number must be filed in the court’s case file.

A copy of the completed transfer order bearing the transaction number will be filed in the court’s case file.

CRITICAL

Applies to

Attorney withdrawal motion

If original counsel will not continue representing the defendant on appeal, 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

Affidavit of indigence and financial statement

When an out-of-county arrestee requests appointed counsel, the judicial officer must ask the arrestee to complete the specified forms 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

Release conditions findings

When imposing or continuing release conditions after a hearing, the judge must provide written findings that the conditions are the least restrictive necessary to assure public safety or protect against flight.

If the CCCL Judge imposes or continues conditions of release after the hearing, the CCCL Judge must provide written factual and legal findings that the conditions imposed are the least restrictive necessary to reasonably assure public safety or to reasonably protect against flight from prosecution.

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 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

Case addition submission

Approved docket additions must be submitted to the court clerk on the county criminal courts at law add-on form by 3:00 p.m. the day before; jail cases may be exempt from the deadline.

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.

CRITICAL

Applies to

Magistrate record

The magistrate must record the defendant’s arrest and appearance dates and times, whether the defendant was informed about appointed counsel and how to request it, 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

Interim voucher

Appointed attorneys may not file interim vouchers without prior Court permission.

23.14.3 Appointed attorneys shall not file interim vouchers without prior permission from the Court.

CRITICAL

Applies to

Hearing recording

If audio/video technology is used, the court must record the entire hearing and 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

Transfer order

The receiving coordinator must complete the case-setting information at the bottom of 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

Appearance order

When the defendant signs a personal bond, the hearing officer must order the defendant in writing to appear as specified by the rule.

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,

CRITICAL

Applies to

Transfer order

After the docket notation, the sending-court clerk must prepare and obtain a signed transfer order and deliver it with the case file to the receiving-court clerk.

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.

CRITICAL

Applies to

Pleading brief or motion

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.

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.

CRITICAL

Applies to

Petition for occupational 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:

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

Pleading brief or motion

Must include

certificate of service

A pleading, brief, or motion must certify that a copy was mailed or hand-delivered to opposing counsel.

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

Petition appealing driving privilege suspension

Petitions appealing a driving-privilege suspension under Chapters 524 or 724 must be filed and docketed in the specified Harris County courts according to each division’s local rules.

Each petition appealing the suspension, of a person’s driving privilege as provided by Chapter 524, or 724, Texas Transportation Code, shall be filed and docketed into the County Criminal Courts at Law, and County Civil Court at Law of Harris County, Texas as provided by the Local Rules of each court division.

CRITICAL

Applies to

Attorney of record form

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

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

CRITICAL

Applies to

Money bail order

A money bail order must include reviewable findings on the record, supported by clear and convincing evidence, addressing ability to pay or the necessity of unaffordable bail after consideration of alternatives.

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.

CRITICAL

Applies to

Bench warrants and attachments

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

Notice of setting

A notice of setting must be in writing and filed with the district clerk, or 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

Voucher

Vouchers must state 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

Docket notation

The sending-court judge must enter a docket notation identifying the transfer and 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

Completed forms

Completed 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

Summons

For a misdemeanor information against a corporation, process must be a summons rather than a capias, and the summons must require an appearance at the specified time after 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

Hearing notice

The hearing notice must state the assigned cause number and court, the appearance time, date, and location, and the prescribed 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

Pretrial detention order

The specified findings and procedures must also be provided when the court orders pretrial detention through an unattainable financial condition or a direct detention order.

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

Transfer order

The receiving-court clerk must obtain the receiving judge’s signature on the transfer order.

The clerk of the receiving court will obtain the receiving judge’s signature on the transfer order.

CRITICAL

Applies to

Hearing record

A written record of the proceedings must be made.

A written record of the proceedings shall be made.

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.

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

Request to add case to docket

A request to add a case to the docket must provide 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

Forms establishing probable cause

For qualifying misdemeanor arrests not made under a warrant or court order, forms establishing probable cause 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

Notice of appearance

Written notice of appellate counsel’s appearance must be filed with the clerk for the case file and becomes part of 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

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.

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.

WARNING

Applies to

Interim voucher

Appointed attorneys must obtain prior Court permission before filing an interim voucher.

Appointed attorneys shall not file interim vouchers without prior permission from the Court.

WARNING

Applies to

Appeal

An attorney removed from the appointment list may appeal the MAC Office’s decision in writing, following the Plan of Operation.

An attorney removed from the appointment list maintained by the MAC Office may appeal the removal by appealing the MAC Office’s decision in writing, as specified in the Plan of Operation.

WARNINGCriminal cases

Applies to

Response to coverage request

A party may respond to a coverage request; a party objecting to coverage should state the alleged injury in the response.

Any party may file a response to the request submitted in (c). If a party objects to coverage of the argument, the response should state the injury that will allegedly result from coverage.

WARNING

Applies to

Non specific voucher

The total time claimed on a non-specific voucher should equal the amount of time spent on all the cases,

The total time claimed on a non-specific voucher should equal the amount of time spent on all the cases,

WARNING

Applies to

Reimbursement request

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

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

WARNING

Applies to

Reimbursement request

A reimbursement request must include the original invoice or receipt.

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

WARNING

Applies to

Non specific voucher

A non-specific voucher cannot claim more than two hours for a single day.

the total amount claimed on a non-specific voucher for a single day cannot exceed two (2) hours.

WARNING

Applies to

Non specific voucher

A non-specific voucher must describe the activity performed, which must be permitted under the fee structure.

The non-specific voucher must indicate the nature of the activity performed and the voucher must be for an activity permitted under the fee structure.

WARNINGCivil cases

Applies to

Vacation designation

To receive vacation protection, an attorney’s written vacation designation must be filed with the County Clerk or District Clerk under the cited local rules; cases preferentially set for trial before the designation are excepted.

5.1 The County Civil Courts 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.

WARNING

Applies to

Non specific voucher

Each activity listed in a non-specific voucher should average less than 10 minutes.

Each activity listed in the non-specific voucher should average less than 10 minutes.

WARNING

Applies to

Non specific voucher

A non-specific voucher must list at least two different cases.

The non-specific voucher must list at least two different cases.

WARNING

Applies to

Evidence of juvenile status

The defendant may be released from custody if evidence is provided to the sheriff or other holding agency that the defendant is a juvenile. 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.

The defendant may be released from custody if evidence is provided to the sheriff or other holding agency that the defendant is a juvenile. 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.

WARNING

Applies to

Reimbursement request

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

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

WARNING

Applies to

Non specific voucher

A non-specific voucher should list all cases involved, and its activities cannot also be claimed elsewhere.

The Attorney may submit a non-specific voucher listing all the cases involved within the voucher and cannot claim any of the activities listed in the non-specific voucher elsewhere.

WARNING

Applies to

Clerk record release

If the appellate attorney’s identity cannot be determined or is disputed, a judge’s written order is required before the Clerk’s Record may be released.

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.

INFOCriminal cases

Applies to

Supplemental appendix

The appellate court may direct a party to file a supplemental appendix transcribing 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.