Hemphill County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements11 rules
A response to a dismissal notice must be written, filed with the clerk, and copied to the District Judge; failure to appear ready at a resulting setting leads to immediate dismissal.
Court's wording
a. A dismissal docket shall periodically be made regarding cases that have been idle for a substantial period of time. Notice of such dismissals shall be pursuant to Rule 165a, Texas Rules of Civil Procedure. Any request in response to a dismissal notice must be made in writing and must be filed with the clerk and a copy sent to the District Judge. Failure to appear ready at any setting made following such request will result in immediate dismissal.
Upon employment or appointment, defense counsel must give written notice to the District Attorney and District Clerk identifying the accused, charged offenses, and cause number if known.
Court's wording
Immediately upon employment or court appointment, the defense attorney shall give written notice thereof to the District Attorney and the District Clerk stating the name of the accused, the offense(s) charged and cause number, if known. The Clerk will note the attorney's name on the docket sheet and indicate whether he/she is retained or Court appointed.
Counsel of record may withdraw only with the Court’s permission; a hearing must first determine the reason if withdrawal is granted, and withdrawing counsel must provide the defendant’s last known address.
Court's wording
No attorney will be allowed to withdraw from a case without there first being a hearing to determine the reason if the motion is granted so the Defendant can fully be advised of his rights, and the last known address of the Defendant is provided by the withdrawing attorney. A lawyer who has entered an appearance and becomes counsel of record; by being retained, by signing a bail bond, or by appointment may not withdraw as counsel of record except by permission of the Court.
Counsel for each party will submit a proposed Charge of the Court, Witness List and List of Exhibits to the Court no later than noon on the Wednesday prior to the jury week for which the case is set for trial.
An announcement of ready is a representation to the Court, signed by the defense attorney and the defendant that the defendant is available for trial and has actually received notice of the setting for which the announcement is made.
Judgments will be prepared as required by Article 42.01 C.C.P.
Please include the physical or mailing and email address of each agency in your petition.
The person seeking the expunction must include the correct agencies in the application and order of expunction to ensure the person’s arrest file is completely expunged.
b. When requesting a setting for a non-jury trial, the approximate length of time required for the trial shall be given in order to facilitate scheduling.
Please be informed that: You must supply a stamped self-addressed envelope for copies or receipts to be returned to you.
This list is not all-inclusive. You should include any outside agency that has published your information concerning the charge/arrest.
Filing & Service rules
Filing Timing and Cure Windows
A written request for setting must be made within 15 days after the dismissal notice is mailed to avoid dismissal for want of prosecution.
Pursuant to the Texas Rules of Civil Procedure and the Local Rules of the Court, the above cause will be dismissed for want of prosecution unless a written request for setting is made within 15 days of the mailing of this notice.
Page 2 | Rule 1.20. Dismissal Dockets, Involuntary Dismissal
The proposed charge, witness list, and exhibit list are due by noon on the Wednesday before the jury week set for trial.
Counsel for each party will submit a proposed Charge of the Court, Witness List and List of Exhibits to the Court no later than noon on the Wednesday prior to the jury week for which the case is set for trial.
Page 3 | Rule 3.27. Jury Charges, Witness List and Exhibits
Defense counsel must provide the written notice immediately upon employment or court appointment.
Immediately upon employment or court appointment, the defense attorney shall give written notice thereof to the District Attorney and the District Clerk stating the name of the accused, the offense(s) charged and cause number, if known. The Clerk will note the attorney's name on the docket sheet and indicate whether he/she is retained or Court appointed.
Page 3 | Rule 6.14. Appearance of Defendant and Counsel/Court Attendance (Criminal)
A ready announcement must be made in writing or by phone 1 to 7 days before docket call; otherwise, the defendant must appear at docket call.
Unless an announcement of "ready" for trial is made in writing or by phone not less than one (1) nor more than seven (7) days prior to docket call, the defendant shall appear at docket call.
Page 4 | Rule 6.18. Docket Calls/Announcements (Criminal)
Service and Proof of Service Rules
b. In each calendar month, the Court Administrator shall prepare, and the Court Clerk shall mail to each attorney of record (or if there be no attorney for any party, to such party) in each domestic relations case (annulment, divorce, and modification of custody, visitation and support) which has been on file more than 1 year, the following notice:
b. In each calendar month, the Court Administrator shall prepare, and the Court Clerk shall mail to each attorney of record (or if there be no attorney for any party, to such party) in each domestic relations case (annulment, divorce, and modification of custody, visitation and support) which has been on file more than 1 year, the following notice:
Page 2 | Rule 1.20. Dismissal Dockets, Involuntary Dismissal
Duplicate agencies will not receive notification.
Duplicate agencies will not be notified.
Page 1 | Expunctions Procedures in Hemphill County
The Office of Court Administration is listed for final orders only.
Office of Court Administration (Final Order Only)
Page 2 | State Agencies
Filing Fees and Waivers
A $25 fee must be paid for each included agency without an email address; the fee covers mailing the notice and order.
For each agency you include that does not have an email address, you must pay $25 for the “issue expunction-certified mail” fee, which includes mailing of the notice and order.
Page 1 | Expunctions Procedures in Hemphill County
No expunction-certified-mail fee is required when the agency’s email address is included in the petition or order.
No “issue expunction-certified mail” fee is required if you include the agency's email addresses in the petition/order.
Page 1 | Expunctions Procedures in Hemphill County
Fees and statements regarding the schedule may be changed at the District Clerk’s discretion.
Any fees or statement in regard to this schedule are subject to change at the discretion of the District Clerk of Wheeler County, Texas.
Page 6 | PLEASE TAKE NOTICE
Adjournment & Extension Requirements
An agreed continuance after a case is set requires court approval; absent good cause, the case is automatically placed last on the jury request list.
a. No agreed continuance by attorneys after a case is set is permitted without approval of the Court. Except for a showing of good cause for a continuance, the case will automatically be placed Last on the jury request list.
Page 2 | Rule 3.13. Motion for Continuance
An agreement to pass or continue a case is enforceable only if it is written and approved by the Court.
b. No party shall be entitled to rely upon an agreement entered into between parties or counsel to pass or continue a case unless such agreement is reduced to writing and approved by the Court.
Page 3 | Rule 3.13. Motion for Continuance
A continuance requires a written motion unless both sides’ attorneys agree; in that event, a resetting date from the Court Administrator is required.
No case will be continued without a written motion for continuance, unless the attorneys for both sides agree to a continuance then only upon receiving a resetting date from the Court Administrator.
Page 4 | Rule 6.19. Continuance/Resetting Postponement (Criminal)
Chambers Communication Rules
After the defendant’s appearance date passes, the movant must request a default-judgment setting by telephone, in person, or by mail; the Court Administrator sets the hearing date and time.
All requests for settings for default judgments shall be made by telephone, in person, or by mail from the movant after the appearance date of the defendant has passed. A hearing date and time shall be set by the Court Administrator.
Page 3 | Rule 3.14. Motion for Default Judgment
The State must appear at every docket call and announce whether it is ready or not ready.
The State must appear at all docket calls to announce "ready" or "not ready."
Page 4 | Rule 6.18. Docket Calls/Announcements (Criminal)
The District Attorney must advise the Judge of the results of plea-bargain negotiations before trial.
The District Attorney shall advise the Judge, in advance of trial, of the results of any plea bargain negotiations in a pending criminal case.
Page 4 | Rule 6.20. Plea Bargains (Criminal)
All other settings will be made by the District Judge, with the notification to be made by the Attorney requesting setting.
All other settings will be made by the District Judge, with the notification to be made by the Attorney requesting setting.
Page 2 | Rule 1.11 Court Sessions
Lawyers may approach the Bench only with permission or at the Court’s request.
They shall not approach the Bench except with permission or upon request of the Court.
Page 5 | Conduct Required of Court Officers
Counsel must address remarks to the Court, not to the Judge as an individual.
All remarks of Counsel to the Court shall be addressed to the Court and not to the Judge as an individual.
Page 6 | Conduct Required of Court Officers
Counsel are admonished to follow ethical rules concerning discussion of cases with the press and discussion of case facts or law with the Court outside the courtroom without opposing counsel present.
All counsel are admonished to respect the letter and spirit of all canons of ethics including particularly those dealing with discussion of cases with representatives of the press or radio and discussion of the facts or law of the case with the Court outside of the Courtroom and not in the presence of opposing counsel.
Page 6 | Conduct Required of Court Officers
A request for a non-jury trial setting may be made by telephone or mail.
c. The request for a non-jury trial setting may be made by telephone or by mail.
Page 2 | Rule 1.14. Request for Settings - Non-jury Cases