Harris County District Courts Document Filing Requirements

CRITICAL

Applies to

Notice of submission

The submission notice must state that the motion will be heard by submission, parties may not appear in person, and responses must be on file at least 3 days before submission or earlier if required.

The notice must state that: (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least 3 days before the submission date, or longer if required by statute or rule.

CRITICAL

Applies to

Motion to enter

Must include

proposed order

The movant must attach a proposed order to a motion to enter, and the proponent must sign to indicate approval as to form.

Movant must attach a proposed order to the motion to enter (do not mark with exhibit label) and the proponent must sign indicating approval as to form.

CRITICAL

Applies to

Inventory and appraisement

In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before a default trial begins.

In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before the trial by default begins. (See Rule 6.4, above.)

CRITICAL

Applies to

Trial by default

If the respondent has not answered or appeared, a certificate of last known address and nonmilitary affidavit or declaration must be on file before trial.

If the respondent has not filed an answer or appeared in the case, a certificate of last known address and nonmilitary affidavit/declaration must be on file before trial.

CRITICAL

Applies to

Exhibits

For property divisions involving marital estates with numerous assets or debts, the exhibits must include an editable file containing the party’s proposed property division.

b. For property divisions involving marital estates with numerous assets or debts, include with the exhibits an editable file (i.e., .xls) containing the party’s proposed property division.

CRITICAL

Applies to

Motion to enter

The nonmovant must attach markup identifying proposed edits and a clean copy signed to indicate approval as to form.

Nonmovant must attach markup identifying proposed edits and a clean copy signed indicating approval as to form.

CRITICAL

Applies to

Final trial information

The specified final inventory, financial information, suggested child-support findings, and proposed property division must be filed before trial begins.

A party's final Inventory, Financial Information Statement and financial information required under the Tex. Fam. Code including, but not limited to, the party's income tax returns for the past two years and the party's two most recent payroll stubs, as well as suggested findings regarding child support and a proposed division of property shall be exchanged no later than ten (10) days before trial, and shall be filed before the commencement of trial.

CRITICAL

Applies to

Initial pleading

An attorney representing a party must file an appropriate initial pleading with the court.

Any attorney representing a party in a case shall file an appropriate initial pleading with the court, be it a Petition, Answer, Notice of Appearance as Attorney of Record, or Motion and Order for Substitution of Counsel.

CRITICAL

Applies to

Unopposed motion

An unopposed motion must be labeled “Unopposed” in its caption.

Unopposed motions shall be labeled "Unopposed" in the caption.

CRITICAL

Applies to

Pleading

A pleading must contain all information required under Rule 57 of the Texas Rules of Civil Procedure.

The pleading shall contain all information required under Rule 57 of the Texas Rules of Civil Procedure (“T.R.C.P”).

CRITICAL

Applies to

Inventory

Each inventory must provide the listed property, liability, separate-property, insurance, employment-benefit, retirement-plan, QDRO, summary, and estate-net-worth information.

Each inventory shall list each item of property and its value, and shall also list each liability, together with the amount of the liability, the number of periodic payments in arrears, if any, the property securing its payment, and the name of the creditor. Any property or liability claimed to be separate property shall be so characterized. All beneficial interests in insurance and all benefits arising from a party's employment (such as pensions, profit sharing plans, savings or thrift plans, whether vested or non- vested) shall be identified. Each party shall incorporate as an exhibit to the inventory the last information furnished about to the employee’s rights and monetary interest in the retirement and savings plans. Each party shall also furnish sufficient information so the court may render a qualified domestic relations order, if applicable. A summary attached to the inventory shall list and total, in columnar format, the property values and liabilities. Each inventory shall show the net worth of the community estate and the net worth of any claimed separate estate.

CRITICAL

Applies to

Vacation designation

A vacation designation is honored only if it uses the approved form and includes the designation of at least one attorney who has consented to act for the vacationing attorney.

The vacation designation shall be honored only if it is made on the vacation letter form approved by the Board of District judges of the Family Trial Division and is accompanied by the attorney's designation of at least one attorney who has consented to act for the vacationing attorney.

CRITICAL

Applies to

Notice of disclosure

Each party making a disclosure must promptly file a notice with the court stating that the required disclosure occurred.

Each party making a disclosure shall promptly file a notice with the court advising that the required disclosure has taken place.

CRITICAL

Applies to

Inventory

When children are involved, the inventory must contain enough information for the court to render a qualified medical child support order concerning their health insurance.

If children are involved in the proceeding, the inventory shall contain sufficient information so the court may render a qualified medical child support order regarding health insurance for the children.

CRITICAL

Applies to

Judgment or order

Any forms required by governmental entities must be submitted with the judgment or order.

All forms required by governmental entities shall be submitted at the time the judgment or order is submitted.

CRITICAL

Applies to

Judgment or order

Judgments or orders in uncontested matters, except Rule 11 settlements, and in qualifying default matters must be presented at the hearing.

All judgments or orders in uncontested matters (except for settlements made pursuant to T.R.C.P. 11) and in default matters (where citation has been served and there has been no answer filed or other general appearance) must be presented at the time of hearing on the uncontested or default matter.

CRITICAL

Applies to

Opposed motion

Must include

certificate of conference

An opposed motion must include a certificate describing the parties’ good-faith conference and disagreement, or detailing the efforts to confer if they could not confer; this requirement does not apply to the listed motion types.

Opposed motions shall contain a certificate that: 1) states that the movant and respondent have conferred with each other and in good faith have attempted to resolve the matter; and 2) identifies the basis of disagreement between counsel; or 3) states that the parties have not been able to confer, and states in detail all efforts made to confer, including dates and methods of attempted communication. The provisions of subparts 5.1.2 and 5.1.3 do not apply to motions for summary judgment, default judgments, agreed judgments, motions for voluntary dismissal or non suit, and motions involving service of citation.

CRITICAL

Applies to

Motion

A nonmovant must attach markup identifying proposed edits and a clean copy signed to indicate approval as to form.

Nonmovant must attach markup identifying proposed edits and a clean copy signed indicating approval as to form.

CRITICAL

Applies to

Sworn inventory and appraisement

In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before the trial by default begins. (See Rule 6.4, above.)

In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before the trial by default begins. (See Rule 6.4, above.)

CRITICAL

Applies to

Motion

Must include

proposed order

A movant must attach a proposed order to a motion to enter, and the proponent must sign to indicate approval as to form.

Movant must attach a proposed order to the motion to enter (do not mark with exhibit label) and the proponent must sign indicating approval as to form.

CRITICAL

Applies to

Notice

A submission notice must state that the motion will be heard by submission, parties may not appear in person, and responses must be on file by the stated deadline.

The notice must state that: (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least 3 days before the submission date, or longer if required by statute or rule.

CRITICAL

Applies to

Certificate of last known address

If the respondent has not filed an answer or appeared in the case, a certificate of last known address and nonmilitary affidavit/declaration must be on file before trial.

If the respondent has not filed an answer or appeared in the case, a certificate of last known address and nonmilitary affidavit/declaration must be on file before trial.

CRITICAL

Applies to

Application for inclusion on wheel

Counsel seeking placement on an appointment wheel must send the application from the court’s website.

Counsel wanting to be placed on a wheel shall send the application located on the court’s website to Melissa_Love@justex.net.

CRITICAL

Applies to

Proposed order

Must include

proposed order

If an order has all signatures, the proposed order must be filed before the entry date for the judge’s signature.

If the order has all signatures, file the proposed order before your entry date for the judge’s signature.

CRITICAL

Applies to

Notice of review

Once satisfied that the final order meets form, the DRO attorney will file a Notice of Review.

When satisfied that the final order meets form, the attorney will file a *Notice of Review*.

CRITICAL

Applies to

Review application

For qualifying cases ready for finalization, self-represented litigants must apply and attach their final documents through the DRO website, then contact the DRO Legal Services Division to request review.

For cases meeting the above criteria that are ready to be finalized, the self-represented litigant(s) shall apply and attach their final documents for review at www.dro.hctx.net under the “Self-Represented Assistance” tab, then contact the Domestic Relations Office, Legal Services Division (713-274-7393) to request a review.

CRITICAL

Applies to

Prove up

The litigant presenting the suit should wait to proceed to prove-up or submission until the DRO Notice of Review has been filed.

The litigant presenting the suit should not proceed to prove-up or submission until a DRO *Notice of Review* has been filed.

CRITICALCivil cases

Applies to

Rule 106 motion

Rule 106 motions must be set on the submission docket and include an affidavit with specified information about service attempts and address verification.

Rule 106 Motions must be placed on our submission docket and an affidavit that includes the following information: efforts taken to verify that defendant actually lives or works at the subject address; each attempt at service, with date and time; identity of persons who were present at the subject address and what was said; and identity of cars in driveway or other indications that defendant resides at the subject address.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

All motions and responses must have a proposed order. The Court may pass hearings on motions filed without a proposed order. All motions should have their own proposed order (Please do not combine multiple motions into one order). The proposed order should include the exact title of the motion being considered.

All motions and responses must have a proposed order. The Court may pass hearings on motions filed without a proposed order. All motions should have their own proposed order (Please do not combine multiple motions into one order). The proposed order should include the exact title of the motion being considered.

CRITICALCivil cases

Applies to

Pretrial order

All parties must comply with the standing Pretrial Order prior to the pretrial conference.

All parties must comply with the order prior to the pretrial conference.

CRITICALCivil cases

Applies to

Motion to withdraw

A motion to withdraw must contain the specific circumstances, certificate of client information, notice letter with specified advisements, and signed acceptance or proof of service.

However, the motion must contain: a statement of the particular circumstances and disciplinary rules requiring withdrawal; a certificate of the attorney of record of the client’s name, address, telephone number, and the last known time the information was correct; a copy of a letter from the attorney of record to the client giving notice: (a) that the attorney is withdrawing; (b) that the client is deemed to have knowledge of and is required to abide by the Texas Rules of Civil Procedure if the client proceeds pro se; (c) that all notices from the Court to the client's current address will be deemed to have been received unless the client notifies the Court of any change of address; (d) that no continuances or extensions will be granted to the pro se client in order to obtain other counsel; and (e) notice of the hearing at which the motion to withdraw will be considered; and a signed acceptance of the terms of the letter described above, if the client has agreed to the withdrawal. If the client has not agreed to the withdrawal, proof of service of the letter described above must be filed.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Parties must submit an agreed motion and order for appointment of a Guardian Ad Litem for minor settlements.

The parties are to submit an agreed motion and order for appointment of a Guardian Ad Litem.

CRITICALCivil cases

Applies to

Certificate of conference

Certificates of conference must state how and when parties conferred and whether relief is opposed or agreed.

Certificates of conference must state how and when parties have conferred on the matters on which relief is sought, and whether the relief is opposed, agreed, or agreed in part.

CRITICALCivil cases

Applies to

Continuance order

Must include

proposed order

Proposed continuance orders must be agreed to by all parties; if not, reasons for non-agreement must be stated with specificity.

Proposed continuance orders must be agreed to by all parties. If parties cannot agree to a proposed order, the reasons for non-agreement should be stated with specificity.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A certificate of conference is required for all motions, pleas, and special exceptions, with listed exceptions.

A certificate of conference is required for all motions (including discovery motions), pleas, and special exceptions except for: motions for summary judgment; default judgments; motions for voluntary dismissal or non-suit; and motions involving service of citations.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

Discovery motion must include a brief description, a detailed certificate of conference, and a copy or verbatim reproduction of discovery requests/responses.

The complaining party should file a motion containing: a brief description of the dispute; a certificate of conference stating the name of all counsel participating in the discussions, including the date, time, and place the parties have had out of-court discovery discussions, and the results of those discussions; and a copy or verbatim reproduction of the discovery requests and responses at issue.

CRITICALCivil cases

Applies to

Non military affidavit

The Non-Military Affidavit must comply with recent amendments to the Soldiers and Sailors Relief Act.

The Non-Military Affidavit must comply with recent amendments to the Soldiers and Sailors Relief Act.

CRITICALCivil cases

Applies to

Trial documents

Before the pretrial conference, parties must exchange, e-file, and submit all motions and trial documents, including pleadings, witness lists, exhibit lists, in limine motions, deposition extracts, and proposed jury charges.

All motions and trial documents need exchanged by parties, e-filed and submitted to the court before your pretrial conference. This includes, but is not limited to: live pleadings; witness lists (with estimated time for examination and cross-examination of each); exhibit lists (including copies of exhibits and any objections); motions in limine and objections; deposition extracts and objections; and proposed jury charges.

CRITICALCivil cases

Applies to

Notice of submission

When setting a matter on the submission docket, file a notice of submission with the exact motion title and serve it on all counsel and self-represented parties.

If you set a matter on the submission docket file a notice of submission with the exact title of the motion set for consideration and serve it on all counsel and self-represented parties.

CRITICAL

Applies to

Proposed order

Orders on motions to withdraw must include contact information for the pro se party.

Orders on motions to withdraw must include contact information for the pro se party.

CRITICAL

Applies to

Proposed order

The order for severance must include the documents to be included in the severed case.

The order for severance must include the documents to be included in the severed case.

CRITICAL

Applies to

Motion

Motions for substituted service under Rule 106 must be accompanied by an affidavit containing the specified verification and attempt details.

All Motions for Substituted Service under Rule 106 must be accompanied by an affidavit that: Describes the efforts taken to verify that the Defendant actually lives or works at the subject address; Shows at least four attempts of service at different times of day with the specific dates and times; Details regarding the identity of the person/people present at the subject address and state what was said; Provide the identity of the owners of any vehicles in the driveway; and Include any other information or indications that the Defendant resides at the subject address.

CRITICAL

Applies to

Motion

Motions to withdraw leaving a party pro se must include the party's contact information, a consultation statement, and current deadlines and trial settings.

Motions in which party will be pro se after the attorney withdraws must include: the party's telephone number; the party's address; the party's email address; a statement regarding consultation with the party regarding the motion; and current deadlines and trial settings.

CRITICAL

Applies to

Motion

Motions requesting attorney's fees require, in addition to the attorney affidavit, an itemization of work showing date, work performed, time expended per task, and billable rate.

Motions that request attorneys fees will require, in addition to the attorney affidavit, an itemization of the work done including: i. the date the work was performed; ii. the work that was performed; iii. the amount of time expended for each task; and iv. the billable

CRITICAL

Applies to

Motion

A withdrawing attorney representing a corporation must notify the corporation that it cannot proceed pro se and of the consequences of not obtaining counsel within 30 days.

If the withdrawing attorney represents a corporation, she/he must notify the corporation that: Corporations cannot proceed pro se in Texas courts; and That if the corporation has not obtained counsel within 30 days of the order of withdrawal, either its claims may be dismissed if it is the plaintiff or their pleadings may be struck and a default judgment may be entered if it is the defendant.

CRITICAL

Applies to

Discovery motion

Discovery motions must attach a copy of the discovery response at issue or state verbatim the request and answer in the body of the motion.

Attach a copy of the discovery response at issue or state verbatim the request and answer in the body of your motion.

CRITICAL

Applies to

Motion

Must include

proposed order

All motions and responses must include a proposed order.

All motions and responses must include a proposed order.

CRITICAL

Applies to

Certificate

Must include

certificate of conference

The Certificate of Conference must state the dates and methods of contact, and should describe efforts to communicate if the other side was not reached.

The Certificate of Conference must contain the dates and methods by which contact was made. If a party was unable to reach the other side prior to filing the motion, the certificate should state the efforts to communicate with that party including the date and means.

CRITICAL

Applies to

Motion

Must include

certificate of service, certificate of conference

A motion to substitute counsel must indicate whether the replaced attorney agreed to the substitution and must include the appropriate certificates of conference and service.

Motion to substitute counsel must indicate whether the attorney being replaced has agreed to the substitution and must have the appropriate certificates of conference and service.

CRITICALCivil cases

Applies to

Order of severance

Must include

caption, case number

The order of severance must include styling, case number, parties, documents (with exact titles and dates), disposition, and cost responsibility.

The order of severance must include the following information: How you want the case to be styled. Case number, i.e. 2006-32041-A. What parties are to be severed into the severed case. What documents are to be severed into the severed case, (need exact title of document, image number and exact date filed) . State if the severed order disposes of the severed case or will it remain an active case. State who will pay for the cost of the severance.