Hays County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Annual guardianship report

Guardians must timely file annual reports as required by Section 1163.101 of the Texas Estates Code.

a) Annual Reports: Guardians shall timely file annual reports as required by Section 1163.101 of the Texas Estates Code.

CRITICALCivil cases

Applies to

Pretrial requirements

The Rule 166 pretrial requirements must include the listed motions, contentions, facts, stipulations, lists, waivers, proposals, exhibits, objections, excerpts, scheduling, and motions in limine.

Per Rule 166 PRETRIAL REQUIREMENTS: Include pending motions, contentions, contested facts/law, stipulations, party/attorney lists, witness lists, remote witness waivers, expert lists, jury charge proposals, marked exhibits, objections, deposition excerpts, scheduling, and motions in limine.

CRITICALCivil cases

Applies to

Inventory appraisement and list of claims

The required inventory, appraisement, and list of claims must be filed under the cited Estates Code provisions.

60 days after appointment INVENTORY, APPRAISEMENT, & LIST OF CLAIMS: File as required by Estates Code §§ 309.051-.056 or § 1154.051.

CRITICAL

Applies to

Order granting motion to retain

An order granting a motion to retain must include the specified docket-control provisions, a trial date, applicable mediation requirements unless an objection is sustained, and any discovery issues raised by a party.

If a Court grants a motion to retain, the Judge will sign an order retaining the case on the Courts’ docket that includes docket control provisions consistent with Rule 165a(1) of the Texas Rules of Civil Procedure, a trial date setting, and any mediation requirements, unless the Court sustains an objection to mediation, and addresses any discovery issues that a party raises.

CRITICAL

Applies to

Proposed order

Every proposed order submitted for consideration and signature must include a copy of this Administrative Order.

A copy of this Administrative Order SHALL BE ATTACHED to every proposed order submitted to the Court for consideration and signature.

CRITICAL

Applies to

Motion to substitute counsel

Must include

certificate of service

New counsel retained to replace existing counsel must file a motion to substitute within ten business days, name both attorneys, and include a certificate of service showing notice to prior counsel and the District Attorney’s Office.

(a) Motion to Substitute. If a defendant retains an attorney to replace their existing counsel, then the new counsel must file a motion to substitute counsel within ten (10) business days of being retained, naming both himself or herself and the attorney to be relieved. The motion must include a certificate of service reflecting notice to both previous counsel in the Case and the District Attorney’s Office.

CRITICALCivil cases

Applies to

Fact witness list

Fact witness lists must include contact information and the subject matter of the witnesses’ testimony.

FACT WITNESS LISTS: Exchange with contact info and subject matter.

CRITICAL

Applies to

Vacation notice

Must include

case number

To designate vacation time, the attorney in charge must file a written notice, serve affected opposing counsel, deliver a copy to the Court Coordinators, and identify the case style and number if docketed and filed.

The attorney in charge of a Case, may designate their claimed vacation time by filing a written notice with the Clerk of the Court and serving a copy on all affected opposing counsel. The attorney must also deliver a copy of this notice to the Court Coordinators and indicate to the Court Coordinators of the respective Court, the Case style and number, if docketed and filed.

CRITICALCivil cases

Applies to

Mediation letter

A letter must be submitted by the mediator in connection with mediation.

mediator to e-file letter.

CRITICAL

Applies to

Notice of setting

Must include

certificate of conference

Every notice of setting must identify the matter set, state the time announcement, provide contact details for attorneys and self-represented litigants, state interpreter needs and language, and include both certificates of conference.

All Notices of Setting must include the following: (1) A reference to the specific motion, motions, or requests for relief that is set, or, if the setting is for final trial, a statement that the Case is being set for a final trial on the merits; (2) The time announcement; (3) The telephone numbers for all attorneys and self-represented litigants; (4) The email addresses for all attorneys and self-represented litigants; (5) Whether an interpreter is required and the desired language (for specific information regarding interpreters, please see Chapter 6); and (6) The two certificates of conference as noted in Rule 9.01(c) above;

CRITICAL

Applies to

Motion

To correct clerical mistakes in a signed order or judgment, an attorney must file the appropriate motion with a proposed new order or judgment designated “Nunc Pro Tunc” and obtain the Judge’s signature.

(a) Motion Required. Any attorney who wishes to correct clerical mistakes in an order or judgment that a Judge has signed, must file the appropriate Motion with a proposed new order or judgment designated as a “Nunc Pro Tunc” and must obtain the Judge’s signature on that new order or judgment.

CRITICALCivil cases

Before the Court considers and accepts a guardianship transfer, every proposed guardian must submit a new and current criminal background check and, if applicable, a registry check.

In any case in which a party requests the transfer of a guardianship into the jurisdiction of Hays County, Texas, all proposed guardians must submit to the Courts a new and current criminal background check and, if applicable, a registry check as required under Sections 1104.351 - .354 of the Texas Estates Code before the Court's consideration and acceptance of the transfer.

CRITICAL

Applies to

Jury trial announcement

At the announcement docket held the Tuesday before the week of trial, parties must announce readiness, estimate the full trial’s length, and present a proposed jury charge; failure to submit the charge then does not forfeit later arguments about it.

Beginning in October of 2025, the Tuesday before the week a jury trial is set, the Court presiding over that jury trial will hold an announcement docket at which time the parties will announce whether they are ready for trial and give a time estimate for conducting the entire trial and present to the Court their proposed jury charge. The parties’ failure to submit a charge at this time will not forfeit future arguments by counsel regarding the proper charge.

CRITICAL

Applies to

Motion to substitute attorneys

Must include

certificate of service

A hearing is required on a motion to substitute attorneys unless it complies with Rule 10 and is filed with the specified consent, service certificate, attorney information, and certification.

A hearing is required for the Court to rule a motion to substitute attorneys unless the motion complies with Rule 10 of the Texas Rules of Civil Procedure and is filed with: (1) A written consent to the substitution that all other parties in the action who have appeared have signed; (2) A certificate of service that notifies the withdrawing attorney of the motion to substitute; (3) The substituting attorney’s name, State Bar number; address, telephone number, email address, and, if available, fax number; and (4) A certification that the Court has reduced all of its rulings to writing.

CRITICAL

Applies to

Court approval for pretrial hearing no 4

The parties may reset the case for a Plea & Sentencing Hearing; a Pretrial Hearing No. 4 requires the Court's express written approval, and either setting must be by agreement with notice to the Court Coordinators.

At the conclusion of this hearing, the parties may reset the Case for a Plea & Sentencing Hearing, unless the Court gives its express written approval for a Pretrial Hearing No. 4. Either such hearing shall be by agreement and with notice to the Court Coordinators.

CRITICAL

Applies to

Order or judgment

Unless the Court orders otherwise, the prevailing party or parties must reduce to writing all orders and judgments that the Court rendered and submit that order or judgment to the Court not later than fourteen (14) days from the date of rendition.

Unless the Court orders otherwise, the prevailing party or parties must reduce to writing all orders and judgments that the Court rendered and submit that order or judgment to the Court not later than fourteen (14) days from the date of rendition.

CRITICALCivil cases

Applies to

Pretrial disclosures

Pretrial disclosures must be filed as required by TRCP 194.4 and provided to all parties.

As per TRCP 194.4 PRETRIAL DISCLOSURES: Filed and provided to all parties.

CRITICALCivil cases

Applies to

Annual report

Guardians must timely file annual reports as required by the Texas Estates Code.

1. Annual Reports: Guardians shall timely file annual reports as required by Estates Code § 1163.101.

CRITICALCivil cases

Applies to

Annual account

Guardians must timely file annual accounts as required by the Texas Estates Code.

2. Annual Accounts: Guardians shall timely file annual accounts as required by Estates Code § 1163.001

CRITICAL

Applies to

Motion to retain

A motion to retain must state the factual and legal basis for retaining the case.

Motions to retain must set forth the factual and legal basis for retaining the Case on the Courts’ dockets and must be filed at least fourteen (14) days prior to the DWOP Docket date specified in the notice of that Docket.

CRITICALCivil cases

Applies to

Remote appearance motion or objection

A motion for leave to appear remotely or an objection to a remote appearance must show good cause.

Motions for Leave or Objections to remote appearances must show good cause.

CRITICALCivil cases

Applies to

Pretrial disclosures

Pretrial disclosures under TRCP 194.4 must be filed and provided to all parties.

As per TRCP 194.4 PRETRIAL DISCLOSURES: Filed and provided to all parties.

CRITICAL

Applies to

Application for ex parte relief

Must include

certificate of conference

Each application for ex parte relief must include a certificate signed by counsel or a party stating one of the listed circumstances.

Every application for ex parte relief shall contain a certificate signed by counsel or a party that: (1) To the best of his or her knowledge the party against whom relief is sought ex parte is not represented by counsel in the Case in which the relief is sought; (2) Counsel for the party against whom relief is sought ex parte has been notified of the application and has stated whether he or she wishes to be heard; or (3) Diligent attempts to notify counsel for the party against whom ex parte relief is sought have been unsuccessful and the circumstances do not permit additional efforts to give notice.

CRITICALCivil cases

Applies to

Criminal background check

A new and current criminal background check must be filed for every proposed guardian in a transferred guardianship, even if the transferring court already completed one.

In all cases involving the transfer of a guardianship into the County Courts at Law of Hays County from another county or jurisdiction, the Courts require the filing of a new and current criminal background check for any proposed guardian of the person or estate, regardless of whether a background check was previously completed in the transferring court.

CRITICALCivil cases

Applies to

Proposed order

Proposed orders must bear the prevailing party counsel's approval as to form and substance and the non-prevailing party's approval as to form.

Have the signature of the prevailing party's counsel that the proposed order is approved as to form and substance, as well as the signature of the non-prevailing party that the proposed order is approved as to form.

CRITICAL

Applies to

Notice of trial request

The Court does not send setting or hearing notices; it sends trial notices only if a party has previously filed a written request.

The Court does not send notices of settings or hearings. Therefore, the Court Coordinators will not send notices of settings or hearings except for notices of trial, but only if a party has previously filed a written request for a notice of trial. TEX. R. CIV. P. 246.

CRITICALCivil cases

Applies to

Mediator report

The mediator must report the ADR outcome to the Court consistent with Texas Civil Practice and Remedies Code Chapter 154.

The mediator will report the outcome of the ADR procedure to the Court consistent with the Texas Civil Practice and Remedies Code Chapter 154.

CRITICALCivil cases

Applies to

Pleadings

Amendments and supplements must be filed, and prompt filings to timely pleadings are allowed.

PLEADINGS: All amendments and supplements filed; prompt filings to timely pleadings allowed.

CRITICAL

Applies to

Filed document

Must include

ai disclosure

The AI disclosure must appear immediately before the signature block and use substantially the prescribed certification wording.

2. Placement and Form of Disclosure. The disclosure must appear immediately preceding the signature block of the filed document in substantially the following form: ' Pursuant to the Hays County Courts at Law Administrative Order Regarding the use of Artificial Intelligence in Court Filings, the undersigned attorney/filer certifies that generative artificial intelligence was utilized in the preparation of this document. The undersigned attorney/filer further certifies that every citation, factual representation, quotation, and statutory reference generated with Al assistance has been independently verified for accuracy, authenticity, and applicability by human review."

CRITICAL

Applies to

Motion to enter proposed order or judgment

If the proponent cannot obtain approval of the proposed order’s or judgment’s form, the proponent must file a motion to enter it and set the motion for a hearing in the court that rendered it.

(d) Inability to Obtain Approval. If a proponent of the order or judgment is unable to secure the approval of any other attorney or party as to the form of the proposed order or judgment, that proponent must file a motion to enter the proposed order or judgment and set that motion for a hearing in the Court that rendered the order or judgment.

CRITICALCivil cases

Applies to

Pretrial requirements

The Rule 166 pretrial requirements include the listed motions, contentions, facts and law, stipulations, lists, waivers, proposals, exhibits, objections, excerpts, scheduling, and motions in limine.

Per Rule 166 PRETRIAL REQUIREMENTS: Includes pending motions, contentions, contested facts/law, stipulations, party/attorney lists, witness lists, remote witness waivers, expert lists, jury charge proposals, marked exhibits, objections, deposition excerpts, scheduling, and motions in limine.

CRITICAL

Applies to

Docket control order

Parties in a contested probate or guardianship matter must agree to a docket control order for court approval within 30 days of the triggering pleading, or the Court will set a hearing.

Within thirty (30) days of the filing of the pleading that first creates a contested probate or guardianship matter, the parties must agree to a docket control order for the Court’s approval. If the parties are unable to agree to such an order or fail to do so by the required date, the Court will set a hearing to enter a docket control order.

CRITICAL

Applies to

Jury waiver

For a requested bench trial, defense counsel must file a jury waiver with the Clerk signed and sworn to by the defendant and signed and approved by counsel; the prosecutor must also sign if the State waives or consents to the jury waiver.

If the defendant requests a bench trial, counsel for the defendant must file a jury waiver with the Clerk. The defendant must sign and swear to this waiver, and counsel for the defendant must sign and approve this waiver. The prosecutor must likewise sign the waiver if the State intends to waive its right to jury trial or otherwise consent to the defendant’s waiver of jury trial.

CRITICAL

Applies to

Notice of setting

A party requiring a licensed Court Appointed Interpreter must note the need in the notice of setting and separately notify the Court Coordinators in writing.

(a) Separate Request to Coordinators. Any party who requires a licensed Court Appointed Interpreter for a court proceeding for either a party or witness shall reflect such need in their notice of setting and separately notify the Court Coordinators in writing of their request.

CRITICALCivil cases

Applies to

Initial fee application

Attorneys appearing in probate or guardianship matters for the first time must submit a curriculum vitae or resume with their initial fee application.

• Resume Requirement: Attorneys appearing before the Court in probate or guardianship matters for the first time must submit a curriculum vitae/resume with their initial fee application.

CRITICALCivil cases

Applies to

Contested pretrial matter

Must include

certificate of conference

All contested pretrial matters must include a certificate of conference confirming reasonable efforts to resolve disputes before court intervention.

Certificates of Conference are required for all contested pretrial matters under TRCP 191.2, confirming reasonable efforts to resolve disputes before court intervention.

CRITICAL

Applies to

Court submission

Must include

ai disclosure

Attorneys and self-represented litigants who use AI for legal research or drafting must, before filing or presenting AI-generated information, certify in writing that they verified its accuracy using traditional non-AI legal sources.

All attorneys and self-represented litigants who utilize any form of artificial intelligence (AI) for legal research or drafting in connection with any Case before the Courts shall, before filing or presenting to a Court any AI-generated information in a court submission or proceeding, certify in writing that the attorney or self-represented litigant verified all information that generative artificial intelligence created or contributed, including all language, quotations, sources, citations, arguments, and legal analysis, is accurate through traditional (non-AI) legal sources.

CRITICAL

Applies to

Waiver of arraignment

Counsel may eliminate the client's arraignment-setting appearance requirement by e-filing a waiver before the setting or presenting it to the Court for filing at the setting.

Legal counsel for defendants will eliminate the requirement that their client appear at an Arraignment Setting if counsel e-files a waiver of arraignment before the date and time of the setting or presents such waiver to the Court for filing at the setting.

CRITICALCivil cases

Applies to

Invoice

Invoices must state the date, task, service provider, timekeeper credentials or legend, hourly rate, and total cost.

Invoice Requirements: Invoices must identify the date, specific task description, individual performing the service, timekeeper credentials/legend, hourly rate, and total cost.

CRITICALCivil cases

Applies to

Initial disclosures

TRCP 194.2 initial disclosures are required.

30 days after first answer or appearance REQUIRED INITIAL DISCLOSURES: TRCP 194.2 disclosures due.

CRITICAL

Applies to

Motion to withdraw as attorney of record

A hearing is required on a motion to withdraw unless it complies with Rule 10 and is filed with the specified consents, client contact information, and certification.

A hearing is required for the Court to rule on a motion to withdraw unless the motion complies with Rule 10 of the Texas Rules of Civil Procedure and is filed with: (1) A written consent to the withdrawal signed by the withdrawing attorney’s client or clients; (2) A written consent to the withdrawal signed by all other parties in the action who have appeared; (3) A certificate of the last known address of the client or clients, containing those clients’ addresses, telephone numbers, email addresses, and, if available, fax numbers; and (4) A certification that the Court has reduced all of its rulings to writing.

CRITICALCivil cases

Applies to

Guardianship transfer

Proposed guardians in transferred guardianship cases must submit a current criminal background check and, if applicable, a registry check before the Court accepts the transfer.

It is hereby ORDERED that, effective immediately, in any case involving the transfer of a guardianship into this jurisdiction, all proposed guardians, shall be required to submit to a new and current criminal background check and, if applicable, a registry check as required under Texas Estates Code §§ 1104.351-1104.354, prior to the Court's acceptance of the transfer.

CRITICAL

Applies to

Proposed agreed order

A proposed agreed order or judgment must be signed by all attorneys of record and self-represented litigants and include one of the specified agreement statements.

(b) All Signatures Required. Any proposed agreed order or judgment must be signed by all attorneys of record and any self-represented litigants and state that the order or judgment is “Agreed” or “Agreed as to Form and Substance.”

CRITICAL

Applies to

Remote hearing request motion or application

Every request, motion, or application for a remote hearing must include a copy of this Administrative Order as an acknowledgment of the recording prohibition.

A copy of this Administrative Order SHALL BE ATTACHED to every request, motion, or application for a remote hearing submitted a Court as an explicit acknowledgement of the prohibition against unauthorized recording of these proceedings.

CRITICAL

Applies to

Ai assisted legal instrument

Must include

ai disclosure

An AI-assisted motion, brief, response, objection, inventory, account, proposed order, or other legal instrument must include a prominent AI Disclosure Statement.

1. Mandatory Disclosure of AI Assistance. Any motion, brief, response, objection, inventory, account, proposed order, or other legal instrument submitted to the Court that was drafted, composed, or generated in whole or in part using generative artificial intelligence or automated natural language drafting tools must include a prominent AI Disclosure Statement.

CRITICAL

Applies to

Notice of setting

Must include

certificate of conference

Every notice of setting must include a certificate stating either that the parties conferred in good faith to resolve or narrow the issues or that reasonable efforts to confer were unsuccessful.

Every notice of setting must contain a certificate of conference certifying either: CERTIFICATE OF CONFERENCE I, the undersigned attorney, hereby certify that I conferred with all parties, regarding the relief sought in this motion or request for relief in a good faith effort to resolve or narrow the issues raised in this pleading. OR CERTIFICATE OF CONFERENCE I, the undersigned attorney, hereby certify that I made reasonable efforts to confer with all parties who may be effect by the relief sought in this motion or pleading but was unable to confer with those parties.

CRITICALCivil cases

Applies to

Exhibits

Counsel must pre-mark exhibits before a hearing or trial; if exhibits are not pre-marked, counsel must arrive at least 15 minutes early and bring copies for the opposing party and the Judge.

All counsel shall pre-mark exhibits prior to the hearing or trial. If counsel has not pre-marked exhibits, then counsel must arrive no less than fifteen (15) minutes before the scheduled hearing or trial to allow the Court Reporter sufficient time to mark them. Counsel must also bring copies for the opposing party and the Judge.

CRITICAL

Applies to

Remote hearing request

Every request, motion, setting request, or application for a remote hearing must include a copy of this Administrative Order.

A copy of this Administrative Order SHALL BE ATTACHED to every request, motion, setting request, or application for a remote hearing submitted to the Court as an explicit acknowledgement of the prohibition against unauthorized recording.

CRITICALCivil cases

Applies to

Tier increase request

Requests for an increase to an attorney's rate tier must be submitted by letter detailing qualifications.

Requests for tier increases must be submitted by letter detailing qualifications.

CRITICALCivil cases

Applies to

Billing paralegal qualifications

Resumes and credential statements for all billing paralegals must be filed with the Court.

Qualifications Filing: Resumes and credential statements for all billing paralegals must be filed with the Court.