Henderson County District Courts Document Filing Requirements

CRITICALCivil cases

Applies to

Exhibit

Each exhibit must clearly display its cause or docket number, party designation, and exhibit number in legible print or typed text.

Each exhibit must be labeled clearly and display the following information in legible print or typed text: Cause / Docket Number: Party Designation: [Petitioner / Respondent / Intervenor Exhibit Number:

CRITICALCriminal cases

Applies to

Accused financial affidavit

When appointed counsel is requested, the accused must certify the accuracy of their affidavit at Magistration.

If appointed counsel is requested, at the time of Magistration the accused will certify the accuracy of their affidavit for the purpose of determining eligibility for appointed counsel.

CRITICALCriminal cases

Applies to

Certificate

Attorneys on the appointment list must file an annual certificate documenting required CLE completion or submit proof of criminal-law specialist certification.

All attorneys on the appointment list must file a certificate with the County Court’s Indigent Defense Coordinator’s office each year attesting to completion of the required CLE or submit documentation showing that the attorney is certified as a specialist in criminal law.

Checked and corrected to match the court's document on Oct 11, 2026CRITICAL

Criminal cases

Applies to

Waiver of right to counsel

When the court finds a defendant has knowingly and voluntarily waived counsel, it must provide a statement substantially in the prescribed form, which must be filed in the record if signed.

If the court determines that the defendant understands the admonitions and that his right to counsel is voluntarily and intelligently waived, the court shall provide the defendant with a statement substantially in the following form, which, if signed by the defendant, shall be filed with and become part of the record of the proceedings. “I have been admonished of the dangers of self-representation and advised this ___ day of ____, 2___, by the (name of court) Court of my right to representation by counsel in the case pending against me. I have been further advised that if I am unable to afford counsel, one will be appointed for me free of charge. Understanding my right to have counsel appointed for me free of charge if I am not financially able to employ counsel, I wish to waive that right and request the court to proceed with my case without an attorney being appointed for me. I hereby waive my right to counsel. (signature of defendant)”

Checked and corrected to match the court's document on Oct 11, 2026CRITICAL

Criminal cases

Applies to

Request for expenses

An expense request must state the applicable investigation or expert type, supporting facts, and itemized anticipated expenses.

c) The request for expenses must state the below, as applicable: d) The type of investigation to be conducted or the type of expert to be retained; i. Specific facts that suggest the investigation will result in admissible evidence or that the services of an expert are reasonably necessary to assist in the preparation of a potential defense; and ii. An itemized list of anticipated expenses for each investigation and/or each expert.

CRITICALCriminal cases

Applies to

Attorney fee voucher

The attorney certification states that the voucher information is accurate and the claimed compensation and expenses were reasonable and necessary.

Attorney Certification - I, the undersigned attorney, certify that the above information is true and correct and in accordance with the laws of the State of Texas. The compensation and expenses claimed were reasonable and necessary to provide effective assistance of counsel.

CRITICALCriminal cases

Applies to

Felony court appointments application

The Contract Attorney must file a complete, accurate sworn Application for Felony Court-Appointments with all required attachments.

Files with the Appointing Authority a complete, accurate sworn "Application for Felony Court-Appointments," including all required attachments;

CRITICALCriminal cases

Applies to

Pretrial request for advance payment

The Contract Attorney must file a pretrial request for advance payment of investigative or expert expenses, and may file it ex parte and confidentially.

The Contract Attorney shall file with the court a pretrial request for advance payment of investigative and/or expert witness expenses to investigate potential defenses. In the discretion of the Contract Attorney, this request may be filed as an ex parte confidential request.

CRITICALCriminal cases

Applies to

Expense approval request

Expense-approval requests must identify the investigation or expert, provide supporting facts, and itemize anticipated expenses for each investigator or expert.

Any requests for approval of expenses must state the type of investigation to be conducted or the type of expert witness to be retained, must set out specific facts that suggest the investigation will result in admissible evidence or that the services of an expert witness are reasonably necessary to assist in the preparation of a potential defense, and shall include an itemized list of anticipated expenses for each investigator and/or expert witness.

CRITICAL

Applies to

Attorney fee voucher

The attorney fee voucher includes a certification that its information is correct and the claimed compensation and expenses were reasonable and necessary.

Attorney Certification - I, the undersigned attorney, certify that the above information is true and correct and in accordance with the laws of the State of Texas. The compensation and expenses claimed were reasonable and necessary to provide effective assistance of counsel.

CRITICAL

Applies to

Attorney fee voucher

The attorney fee voucher includes an attorney certification that the information is accurate and the claimed compensation and expenses were reasonable and necessary.

Attorney Certification - I, the undersigned attorney, certify that the above information is true and correct and in accordance with the laws of the State of Texas. The compensation and expenses claimed were reasonable and necessary to provide effective assistance of counsel.

CRITICALCriminal cases

Applies to

Monthly progress statement

A monthly progress statement must be submitted before payment and include the listed case information; the presiding judge may require other relevant information.

ubmit my monthly progress statement before payment will be made including the number of cases disposed of in the previous month and the types of cases as well as the number of cases currently open and assigned by the courts. The presiding Judge may require other information, which is necessary and relevant.

CRITICALCriminal cases

Applies to

Request for appointed counsel

A request for court-appointed counsel must include a completed application and any requested supporting documentation.

An accused person’s request for a court appointed attorney shall include a completed application and any requested supporting documentation (i.e. Accused’s Financial Affidavit & Application for Appointed Counsel).

CRITICALCriminal cases

Applies to

Contract

The contract must specify its term, any renewal provision, and how either party may terminate it.

b) Term of Contract: The contract shall specify the term of the contract, including any provision for renewal, and a provision for terminating the contract by either party;

CRITICALCriminal cases

Applies to

Contract

The contract must specify the categories of cases for which the contractor will provide services.

c) Scope of Contract: The contract shall specify the categories of cases in which the contractor is to provide services;

Checked and corrected to match the court's document on Oct 11, 2026CRITICAL

Criminal cases

Applies to

Contract

The contract must set and require maintenance of minimum attorney qualifications that meet or exceed applicable indigent-defense procedures; qualifications may vary by offense seriousness for multi-attorney contracts.

d) Minimum Attorney Qualifications: The contract shall specify minimum qualifications for attorneys covered by the contract and require such attorneys to ===== PAGE 18 ===== maintain the qualifications during the term of the contract. The qualifications shall equal or exceed the qualifications provided in the indigent defense procedures adopted pursuant to Article 26.04, Code of Criminal Procedure. If a contract covers services provided by more than one attorney, qualifications may be graduated according to the seriousness of offense and each attorney shall be required to meet and maintain only those qualifications established for the offense level(s) for which the attorney is approved to provide defense services;

CRITICALCriminal cases

Applies to

Contract

The contract must require the contractor to complete cases begun during the contract term unless the covered attorney is relieved or replaced under Article 26.04(j)(2).

e) Duration of Representation: The contract shall specify that the contractor has the responsibility to complete all cases once representation is commenced during the term of the contract, unless an attorney covered by the contract is relieved or replaced in accordance with Article 26.04(j)(2), Code of Criminal Procedure;

CRITICALCriminal cases

Applies to

Contract

The contract must identify the attorneys assigned to each case category and prohibit substitutions without prior majority approval, while preserving relief or replacement under Article 26.04(j)(2).

f) Substitution of Attorneys: The contract shall identify the attorney(s) who will perform legal representation in each category of case covered by the contract and prohibit the substitution of other attorneys without prior approval by a majority of the appointing authority. Nothing in the contract shall prohibit an attorney covered by the contract from being relieved or replaced in accordance with Article 26.04(j)(2) of the Code of Criminal Procedure;

CRITICALCriminal cases

Applies to

Contract

The contract must set each attorney’s maximum caseload or workload; it may set a maximum that does not exceed the specified annual full-time-equivalent caseload guidelines.

g) Caseload Limitations: The contract shall set the maximum number of cases or workload each attorney may be required to handle pursuant to the contract, which may include a maximum caseload not exceeding the annual full-time equivalent caseload established by the Guidelines for Indigent Defense Caseloads and the Juvenile Addendum and Appellate Addendum: Guidelines for Indigent Defense Caseloads, published by the Texas Indigent Defense Commission pursuant to House Bill 1318, 83rd Texas Legislature;

CRITICALCriminal cases

Applies to

Contract

The contract must require zealous, professional, skilled representation consistent with applicable law and the Texas Disciplinary Rules of Professional Conduct.

h) Standards of Representation: The contract shall require that the contractor provide zealous legal representation to all clients in a professional, skilled manner consistent with all applicable laws and the Texas Disciplinary Rules of Professional Conduct;

CRITICALCriminal cases

Applies to

Contract

The contract must state a policy preventing representation when it would involve a conflict of interest.

i) Conflicts of Interest: The contract shall state a policy to assure that the contractor and its attorneys do not provide representation to defendants when doing so would involve a conflict of interest;

CRITICALCriminal cases

Applies to

Contract

The contract must specify how necessary investigation services and experts will be made available consistently with Article 26.05(d).

j) Investigators and Experts: The contract shall specify how investigation services and experts that are necessary to provide competent representation will be made available in a manner consistent with Article 26.05(d), Code of Criminal Procedure; and

CRITICALCriminal cases

Applies to

Contract

The contract must state the contractor’s compensation, payment method and timing, and itemized-voucher requirement and approval sequence.

k) Compensation and Payment Processes: The contract shall set the amount of compensation to be paid to the contractor and the designated method and timing of payment. The contract shall state that the contractor shall be required to submit an itemized fee voucher. The voucher must be approved by a member of the appointing authority prior to being forwarded to the county financial officer for approval and

CRITICALCriminal cases

Applies to

Annual CLE affidavit

Each attorney must annually provide the Judges with an affidavit confirming fulfillment of CLE requirements.

Each attorney shall annually provide an affidavit to the Judges that he or she has successfully fulfilled the CLE requirements.

CRITICALCriminal cases

Applies to

Annual practice time statement

Each attorney must submit a statement by October 15 each year describing the percentage of practice time dedicated to the specified work; the description is incomplete in the source.

An attorney shall submit, by October 15th each year, a statement that describes the percentage of the attorney's practice time that was dedicated to work based on

CRITICALCriminal cases

Applies to

Waiver of counsel proceeding

Before a defendant waives counsel to plead guilty or proceed to trial, the court must give the listed advisements, as applicable.

If a defendant wishes to waive the right to counsel for purposes of entering a guilty plea or proceeding to trial, the court shall advise the defendant of the following at a minimum as applicable: (See Faretta v, California, 422 U.S. 806 (1975). i. Of the nature of the charges against the defendant and the range of punishment with and without enhancements, ii. that he would be treated no differently from an attorney, iii. that he would have to follow all of the rules of criminal procedure, the U.S. and Texas Constitutions, statues, and applicable rules of evidence, local rules and general rules of court-room décor; iv. that he would have to follow rules to preserve any error in his case, v. that attorneys have specific training in the laws and trial advocacy, vi. that his self-representation could result in a conviction, vii. that a jury decides any factual issues, viii. that he might not have the experience or level of training to properly object to preserve error, or admit any evidence he may to admit, ix. that the court believes it may be a mistake to represent himself, and x. that he has the right to court-appointed counsel if he cannot afford an attorney.

CRITICALCriminal cases

Applies to

Waiver of counsel statement

After finding a defendant understands the admonitions and has voluntarily and intelligently waived counsel, the court must provide the specified waiver statement; if signed, it must be filed as part of the proceedings’ record.

If the court determines that the defendant understands the admonitions and that his right to counsel is voluntarily and intelligently waived, the court shall provide the defendant with a statement substantially in the following form, which, if signed by the defendant, shall be filed with and become part of the record of the proceedings. “I have been admonished of the dangers of self-representation and advised this ___ day of ____, 2___, by the (name of court) Court of my right to representation by counsel in the case pending against me. I have been further advised that if I am unable to afford counsel, one will be appointed for me free of charge. Understanding my right to have counsel appointed for me free of charge if I am not financially able to employ counsel, I wish to waive that right and request the court to proceed with my case without an attorney being appointed for me. I hereby waive my right to counsel. (signature of defendant)”

CRITICALCriminal cases

Applies to

Compensation disapproval findings

When disapproving a compensation request, the judge must issue written findings stating the approved payment amount and each reason it differs from the amount requested.

If a judge disapproves a request for compensation, the judge shall make written findings, stating the amount of payment that the judge approves and each reason for approving an amount different from the requested amount.

CRITICALCriminal cases

Applies to

Expense request

A request for advance investigative or expert expenses may be filed pretrial ex parte and confidentially, and must include the applicable investigation or expert type, supporting specific facts, and an itemized list of anticipated expenses.

Appointed Counsel may file with the trial court a pretrial ex- parte confidential request for advance payment of investigative and expert expenses. c) The request for expenses must state the below, as applicable: d) The type of investigation to be conducted or the type of expert to be retained; i. Specific facts that suggest the investigation will result in admissible evidence or that the services of an expert are reasonably necessary to assist in the preparation of a potential defense; and ii. An itemized list of anticipated expenses for each investigation and/or each expert.

CRITICALCriminal cases

Applies to

Expense request denial

Upon request, the court must state its reasons for denying an expense request in writing and attach the denial to the confidential request.

If the court denies in whole or in part the request for expenses, the court shall upon request: i. State the reasons for the denial in writing; ii. Attach the denial to the confidential request;

CRITICALCriminal casesCourt notice

Applies to

Expense reimbursement request

Expense reimbursement requests must include written itemization, supporting invoices or vouchers, and an order, and require prior court approval.

All expenses to be reimbursed must be itemized in writing, supported by invoices and /or vouchers, and submitted to the Presiding Judge for approval along with the order to approve the reimbursement. Prior court approval must be obtained.

CRITICALCriminal casesCourt notice

Applies to

Form 1295

The Contract Attorney must print, sign, and notarize the generated Form 1295.

2. Once submitted, the system will generate an electronic Form 1295 displaying a “Certificate Number.” The Contract Attorney must print, sign and notarize Form 1295.

CRITICALCriminal casesCourt notice

Applies to

Form 1295

A separate Form 1295 is required for each new, renewed, modified, or amended Henderson County contract.

4. The Contract Attorney shall repeat this process and obtain a separate Form 1295 each time he or she enters into a new contract, renews a contract, or makes modifications and/or amendments to a Henderson County contract.

CRITICALCriminal cases

Applies to

Application for felony court appointments

The Contract Attorney must file a complete, accurate, sworn appointment application with all required attachments.

Files with the Appointing Authority a complete, accurate sworn "Application for Felony Court-Appointments," including all required attachments;

CRITICALCriminal cases

Applies to

Waiver of arraignment and acknowledgment of pre trial and status conference hearings

A written waiver of arraignment may replace an appearance if the specified waiver document is filed with the District Clerk and the State is notified at least three business days before the arraignment docket.

Written waivers of arraignment are acceptable without the necessity of appearance, provided that a proper WAIVER OF ARRAIGNMENT AND ACKNOWLEDGMENT OF PRE-TRIAL AND STATUS CONFERENCE HEARINGS document is filed with the District Clerk with notice to the State, at least 3 business days prior to the Arraignment docket.

WARNINGCriminal cases

Applies to

Fee voucher

Appointed attorneys must complete and submit an approved fee voucher to the court for services rendered.

An appointed attorney shall fill out and submit the approved fee voucher to the court for services rendered.

WARNINGCriminal cases

Applies to

Annual cle certificate

Attorneys on the appointment list must annually file a certificate documenting required CLE completion or submit proof of criminal-law specialist certification.

All attorneys on the appointment list must file a certificate with the County Court’s Indigent Defense Coordinator’s office each year attesting to completion of the required CLE or submit documentation showing that the attorney is certified as a specialist in criminal law.

WARNINGCriminal casesCourt notice

Applies to

Application

Applications must address the applicant’s qualifications, experience, and past performance, and may include other relevant information for consideration.

Applications shall address qualifications, experience, and past performance along with any additional relevant information the Applicant would like the Appointing Authority to consider.

WARNINGCriminal casesCourt notice

Applies to

Application

Submission envelopes must be labeled “2024 – 2025 Contract Attorney Application.”

Label Submission Envelopes: 2024 – 2025 Contract Attorney Application

WARNINGCriminal cases

Applies to

Pretrial request for advance payment of expenses

The Contract Attorney must file a pretrial request for advance investigative or expert-witness expenses, which may be filed ex parte and confidentially at the attorney’s discretion.

The Contract Attorney shall file with the court a pretrial request for advance payment of investigative and/or expert witness expenses to investigate potential defenses. In the discretion of the Contract Attorney, this request may be filed as an ex parte confidential request.

WARNINGCriminal cases

Applies to

Request for approval of expenses

Requests for expense approval must identify the investigation or expert, provide supporting facts, and itemize anticipated expenses for each investigator or expert witness.

Any requests for approval of expenses must state the type of investigation to be conducted or the type of expert witness to be retained, must set out specific facts that suggest the investigation will result in admissible evidence or that the services of an expert witness are reasonably necessary to assist in the preparation of a potential defense, and shall include an itemized list of anticipated expenses for each investigator and/or expert witness.

WARNINGCriminal cases

Applies to

Special setting request

Special-setting requests should be made in writing before the Status Conference Hearing and should state the reasons for the request and the estimated trial time.

All requests for special settings should be made in writing prior to the Status Conference Hearing date. The written request should state the reasons for the special setting request as well as the estimated time the trial will take.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Criminal cases

Applies to

Accused financial affidavit and application for appointed counsel ?

This document will contain such information as may be necessary to make a determination of the accused’s ability to pay for an attorney.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Applies to

Attorney fee voucher ?

**COURT MUST APPROVE EMPLOYMENT OF AND ALL FEES FOR INVESTIGATORS & EXPERT WITNESS**

We could not confirm this summary. Read the court's wording below.CRITICAL?

Criminal cases

Applies to

Accused financial affidavit application for appointed counsel ?

This document will contain such information as may be necessary to make a determination of the accused’s ability to pay for an attorney.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Criminal cases

Applies to

Contract ?

a) Parties: Identify the appointing authority, contracting authority, and contractor;