Court Rules

Henderson County District Courts Filing Timing and Cure Windows

16 rules from official source documents

12 of 16 checked against the court's document. Unmarked rules: Checked against the court's document A value with a question mark is not in the court's wording on its card.

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Cutoffs and deemed-filed rules

WARNINGCivil cases

If an objection is frivolous or lacks a sufficient factual or legal basis, the Court may sign the order without a hearing.

4. Should a written objection be filed, the Court retains discretion to sign the order without a hearing if it determines the objection is frivolous or lacks a sufficient factual or legal basis.

Judge Clint Davis

WARNINGCriminal cases

If the Public Safety Report System is unavailable for more than 12 hours because of a technical failure at the Office of Court Administration, a magistrate may set bail for a defendant charged only with a misdemeanor without a Public Safety Report.

A magistrate may set bail for a defendant charged only with an offense punishable as a misdemeanor without ordering, preparing, or considering a public safety report if the Public Safety Report System is unavailable for longer than 12 hours due to a technical failure at the Office of Court Administration of the Texas Judicial System.

Judge Clint Davis

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Criminal casesCourt notice

Deadline to submit sealed applications: 2:00 PM (CST), December 1, 2023 Please note that applications must be received at the designated address by the deadline shown. Applications received after the deadline will not be considered for award and will be returned unopened.

Summary

Sealed applications must be received at the designated address by 2:00 PM CST on December 1, 2023; late applications will not be considered and will be returned unopened.

Filing deadlines

CRITICALCriminal cases

Deadline
72 hours

The Court or its designee must appoint counsel or deny the application within 72 hours after receiving it.

The Court or their designee shall, within 72 hours of receipt of the application, appoint or deny the request for court appointed counsel.

Judge Clint Davis

CRITICALCriminal cases

Deadline
48 hours

For a defendant charged with a Class B misdemeanor or higher offense, the magistrate must order a Public Safety Report and have it provided as soon as practicable, no later than 48 hours after arrest.

The magistrate considering the release on bail of a defendant charged with an offense punishable as a Class B misdemeanor or any higher category of offense shall order that: a) A Public Safety Report with respect to the defendant be prepared; and b) The Public Safety Report be provided to the magistrate as soon as practicable but not later than 48 hours after the defendant's arrest.

Judge Clint Davis

CRITICALCriminal cases

An attorney must file a re-certification request between January 1 and January 31 each year to remain on the appointment list(s).

6. An attorney shall file a request for re-certification between January 1 and January 31 of each year to remain on the list(s);

Judge Clint Davis

CRITICALCivil casesCourt notice

Applies to
Verified motion to retain case on docket

A Verified Motion to Retain Case on Docket must be filed with the District Clerk at least seven days before the dismissal hearing to avoid dismissal.

If a Verified Motion to Retain Case on Docket is not filed with the District Clerk, at least seven days prior to the dismissal hearing, the case will be dismissed.

Judge Clint Davis

CRITICALCriminal casesCourt notice

The completed Form 1295 must be submitted to the County Auditor within ten business days after notification of the pending award, and the contract cannot be approved before submission.

3. Within ten (10) business days from notification of the pending award by the Henderson County District Judges, the completed Form 1295 must be submitted to the Henderson County Auditor. The Commissioners Court and County Judge cannot approve the contract until this form is completed and submitted to the Auditor.

Judge R. Scott Mckee

CRITICALCriminal cases

Pre-trial matters under Article 28.01 must be raised by pleadings filed seven days before the pre-trial hearing unless the Court permits a later filing for good cause.

Any pre-trial matters set out in Article 28.01 of the Texas Code of Criminal Procedure, must be raised by pleadings filed seven (7) days before the pre-trial hearing, and will not thereafter be allowed to be raised or filed except by permission of the Court for good cause shown.

Judge R. Scott Mckee

CRITICALCriminal cases

Deadline
3 business days

The specified arraignment waiver document must be filed 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.

Judge R. Scott Mckee

CRITICALCriminal cases

Article 28.01 pre-trial matters must be raised or filed seven days before the Pre-trial Hearing, unless the Court permits a later matter for good cause shown.

Any pre-trial matters set out in Article 28.01, Texas Code of Criminal Procedure, must be raised or filed seven days before the Pre-trial Hearing, and will not thereafter be allowed to be raised or filed except by permission of the Court for good cause shown.

Judge R. Scott Mckee

WARNINGCivil cases

A party may send a proposed order to all parties with a letter allowing 10 days from receipt to file a written objection with the Clerk's Office.

1. A party may submit a proposed order to all parties along with a letter notifying them that they have 10 days from receipt of the proposed order to file a written objection with the Clerk's Office.

Judge Clint Davis

WARNINGCivil cases

If no written objection is filed within 10 days, the Court will presume the order is correct in form and substance.

2. If no written objection is filed within the 10-day period, the Court will presume that the order is correct as to both form and substance.

Judge Clint Davis

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

Criminal cases

Deadline
72 hours

Promptly but not later than 72 hours after the time bail is set, submit the bail form described by Section 72.038, Government Code, in accordance with that section.

Judge Clint Davis

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

Criminal cases

Deadline
72 hours

Promptly but not later than 72 hours after the time bail is set, submit the bail form described by Section 72.038, Government Code, in accordance with that section.

Judge R. Scott Mckee

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

Civil cases

3. The Court has the authority to sign the order on the 11th day following receipt of the proposed order, provided no objections have been filed.

Judge Clint Davis
Common questions about Henderson County District Courts filing timing and cure windows rules

What filing deadlines does Henderson County District Courts set?

Judge R. Scott Mckee: The completed Form 1295 must be submitted to the County Auditor within ten business days after notification of the pending award, and the contract cannot be approved before submission.

View ruleOfficial source Source: page 4, section The Filing Process

Judge Clint Davis: The Court or its designee must appoint counsel or deny the application within 72 hours after receiving it.

View ruleOfficial source Source: page 5, section II. RIGHT TO COUNSEL

10 more rules answer this question in the list above.

What filing deadlines apply to verified motion to retain case on docket filings in Henderson County District Courts?

Judge Clint Davis: A Verified Motion to Retain Case on Docket must be filed with the District Clerk at least seven days before the dismissal hearing to avoid dismissal.

View ruleOfficial source Source: page 1, section NOTICE OF DISMISSAL DOCKET

When is a filing treated as filed in Henderson County District Courts?

Judge R. Scott Mckee: The rule states a 2:00 PM filing cutoff. Sealed applications must be received at the designated address by 2:00 PM CST on December 1, 2023; late applications will not be considered and will be returned unopened. Not yet verified. Check the linked order.

View ruleOfficial source Source: page 1, section Notice of Application

Judge Clint Davis: If the Public Safety Report System is unavailable for more than 12 hours because of a technical failure at the Office of Court Administration, a magistrate may set bail for a defendant charged only with a misdemeanor without a Public Safety Report.

View ruleOfficial source Source: page 6, section III. B. Public Safety Reporting System