Hemphill County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Judgment

Judgments must be prepared as required by Article 42.01 C.C.P.

Judgments will be prepared as required by Article 42.01 C.C.P.

CRITICAL

Applies to

Written notice

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.

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.

CRITICAL

Applies to

Expunction petition

The petition must include each agency’s physical or mailing address and email address.

Please include the physical or mailing and email address of each agency in your petition.

CRITICAL

Applies to

Expunction application and order

The expunction application and order must identify the correct agencies.

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.

CRITICAL

Applies to

Motion to withdraw

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.

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.

CRITICAL

Applies to

Trial submission

Each party’s counsel must submit the proposed charge, witness list, and exhibit list to the Court 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.

CRITICAL

Applies to

Dismissal notice response

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.

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.

CRITICAL

Applies to

Announcement of ready

A ready announcement must be signed by defense counsel and the defendant and represent that the defendant is available for trial and received notice of the setting.

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.

WARNING

Applies to

Non jury trial setting request

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.

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.

WARNING

Applies to

Copies or receipts

A stamped, self-addressed envelope must be supplied for copies or receipts to be returned.

Please be informed that: You must supply a stamped self-addressed envelope for copies or receipts to be returned to you.

WARNING

Applies to

Expunction petition

This list is not all-inclusive. You should include any outside agency that has published your information concerning the charge/arrest.

This list is not all-inclusive. You should include any outside agency that has published your information concerning the charge/arrest.