Hidalgo County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Hearing attendance request

An Attorney Ad Litem must submit a request to the Court when a Hidalgo County-custody incarcerated parent requires attendance at a hearing.

IT IS ORDERED that an Attorney Ad Litem representing an incarcerated parent that is in the custody of the County of Hidalgo and who requires their attendance at a hearing shall submit a request to the Court in accordance with the following:

CRITICALCivil cases

Applies to

Notice

For the specified children to be placed outside the Rio Grande Valley, notice must be filed with the Court; prior Court approval is not required.

Child(ren) who have an extraordinarily high level of medical needs and/or children who have behavioral level of care “Specialized”, “Intense”, or higher, as defined under RULES 700.2341 & 700.2361 of the TEXAS ADMINISTRATIVE CODE, may be placed outside of counties of the Rio Grande Valley, upon notice filed with the Court and copied to all counsel of record. No prior Court approval is necessary.

CRITICALCivil cases

Applies to

Registration letter

Attorneys seeking payment for representing indigent criminal defendants must submit a signed registration letter to each district court’s coordinator containing the specified information.

Attorneys who wish to be paid for representing indigent criminal defendants in Hidalgo County’s district courts shall register to do so by submitting a signed letter to the Court coordinator for each district court. In separate paragraphs, the letter shall state: (a) the attorneys name, office address, telephone and and telecopier numbers, Texas Bar Number and its date of issuance; (b) a brief narrative describing the attorney’s experience practicing criminal law in Texas. ( c) a brief narrative describing any experience through which the attorney has acquired a special expertise as lead counsel, e.g. mental-health cases, capital cases, or appeals; (d) any limitations on the types of cases that the attorney would accept; and (e) a statement that the attorney understands these local rules and pledges to comply.

CRITICALCivil cases

Applies to

Discovery motion or hearing request

Must include

certificate of conference

A discovery motion or request for a discovery hearing must include a certificate stating that a reasonable effort to resolve the dispute without court intervention was made and failed.

All discovery motions or requests for hearings relating to discovery must contain a certificate by the party filing the motion or request that a reasonable effort has been made to resolve the dispute without the necessity of court intervention and the effort failed.

CRITICALCivil cases

Applies to

Joint pretrial order

The parties must prepare and file a Joint Pretrial Order signed by the parties or their attorneys, containing the specified party and counsel information, motions, discovery status, witnesses, and expected exhibits.

Pursuant to Rule 3 of the Hidalgo County Local Rules of Court, the Parties shall prepare and file with the clerk of the Court a Joint Pretrial Order. The Joint Pretrial Order shall be signed by the parties or their attorneys of record and filed with the Clerk 14 day’s prior to the Final Pretrial Conference scheduled by the Court. The Joint Pretrial Order shall contain the information set forth below. 1) A list of the names of all Parties, whether represented or pro se, and the names, bar numbers, addressees, and telephone number of all counsel. 2) A list of all pending motions by parties, including motions in liminie. The parties shall state which motions require a hearing by the court. If no motions are pending, the parties are to so state. 3) A statement as to the status of discovery or that discovery is complete. 4) A list of all witnesses to be called at trial by the parties and a brief statement as to the subject matter of their testimony. 5) A list of all exhibits expected to be offered at trial. Each party will make the exhibits available for examination by opposing counsel. If there is a disagreement as to the authenticity or admissibility of any of the exhibits, the Parties shall notify the court at or prior to the final pretrial conference.

CRITICALCivil cases

Applies to

Hearing orders and orders for which relief was sought

When an order results from a non-Department party’s motion for relief, the movant must submit the required hearing orders and orders for which relief was sought, whether granted or denied.

If an order is rendered pursuant to a motion for relief by a party other than the DEPARTMENT, the Movant shall submit any required hearing orders and/or any orders for which relief has been sought, regardless of whether it has been granted or denied, no later than thirty (30) calendar days after the order is rendered by this Court.

CRITICALCivil cases

Applies to

Joint pretrial order

The Joint Pretrial Order must include a short statement about settlement negotiations and the outcome of the mediation conference.

8) A short statement on the status of settlement negotiations and the outcome of the mediation conference.

CRITICALCivil cases

Applies to

Verification of birth or birth certificate

The Department must file a verification of birth or birth certificate for each child who is the subject of a suit.

IT IS ORDERED that the DEPARTMENT shall file with the Court, on or before the Status Hearing, the VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE for each child who is the subject of a suit.

CRITICALCivil cases

Applies to

Amended petition

The Department must file amended petitions with any corrections within 30 days after filing the birth verification and/or birth certificate.

The DEPARTMENT shall file their amended Petitions, with any corrections, within thirty (30) days of the filing of a VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE.

CRITICALCivil cases

Applies to

Motion for special hearing

If a parent or either appointed ad litem disapproves of the procedure, the Department must file a Motion for Special Hearing.

If a parent, attorney Ad Litem for the child(ren), or guardian Ad Litem for the child(ren) disapproves of the procedure, the DEPARTMENT shall file a Motion for Special Hearing on the matter which shall be set within two (2) business days.

CRITICALCivil cases

Applies to

Request form

The form must contain the inmate’s name, date of birth, and/or SO Number.

2. The form shall contain the inmates name, date of birth, and/or SO Number.

CRITICALCivil cases

Applies to

Child birth verification

The Department must file a birth verification and/or birth certificate for each child by the Status Hearing, or within 45 days after the order is signed if that hearing has already occurred.

IT IS ORDERED that the DEPARTMENT shall file with the Court, on or before the Status Hearing, the VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE for each child who is the subject of a suit. For case in which a Status Hearing has already been held, the DEPARTMENT shall file the VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE for each child who is the subject of a suit no later than Forty-Five (45) days after the signing of this order.

CRITICALCivil cases

Applies to

Joint pretrial order

If mediation is unsuccessful, its result must be reported in the Joint Pre-Trial Order filed with the Court.

If mediation is unsuccessful, the result shall be reported in the Joint Pre-Trial Order filed with the Court pursuant to Rule 3.

CRITICALCivil cases

Applies to

Joint pretrial order

The Joint Pretrial Order must contain the information set out in Appendix A.

The Joint Pretrial Order shall contain the information set out in Appendix A.

CRITICALCivil cases

Applies to

Motion

A request for leave to participate electronically at an in-person hearing must be made by written motion.

Parties wishing to appear or present witness testimony electronically for an in-person hearing must request leave of Court by way of written motion filed at least three (3) business days prior to the hearing and an order granting or denying the request.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

2.1 Form. Motions should be in writing and if filed shall be accompanied by an Order Setting Hearing and a Certificate of Conference.

2.1 Form. Motions should be in writing and if filed shall be accompanied by an Order Setting Hearing and a Certificate of Conference.

CRITICALCivil cases

Applies to

Voucher

Vouchers submitted by appointed counsel must conform to the Court’s stated categories and the County Auditor’s documentation requirements.

IT IS ORDERED that all vouchers submitted for payment by appointed counsel conform with the above categorizations in the Court’s findings and with the documentation requirements of the County Auditor.

CRITICALCivil cases

Applies to

Amended petition

The Department must file amended petitions, including any corrections, within 30 days after filing a verification of birth or birth certificate.

The DEPARTMENT shall file their amended Petitions, with any corrections, within thirty (30) days of the filing of a VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE.

CRITICALCivil cases

Applies to

Request form

The request must use the attached form marked Exhibit 1.

1. The Attorney Ad Litem shall email the Court attached form marked as “Exhibit 1” to childprotectioncourt@co.hidalgo.tx.us

CRITICALCivil cases

Applies to

Arraignment waiver certification

Before arraignment may be waived, the defendant’s attorney must certify in writing that the defendant waived it after understanding its purpose.

Before a defendant may waive Arraignment, the defendant’s attorney must certify in writing to the court that the defendant waived arraignment after understanding the purpose of arraignment.

CRITICALCivil cases

Applies to

Out of state travel notice

The out-of-state travel notice must state the reasons for travel and include the trip itinerary.

The notice shall include the reasons for the travel and the trip itinerary.

CRITICALCivil cases

Applies to

Notice of hearing or order setting hearing

Every notice of hearing or order setting hearing must include the court’s name, address, telephone number, electronic appearance link, and instructions for obtaining current telephonic appearance information.

IT IS ORDERED that all following information shall be included in all Notices of Hearing or Orders Setting Hearing: Child Protection Court of the Rio Grande Valley West 100 N. Closner Blvd Edinburg, Texas 78539 Telephone (956) 318-2671 Zoom ID for Electronic Appearances - https://app.zconnect.io/r/XBLBIK Zoom ID and Phone Number for Telephonic Appearances – Please Call 956-318- 2671 for current dial-in information.

CRITICALCivil cases

Applies to

Scheduling order

A new scheduling order must be entered if the new trial date changes other deadlines in the prior scheduling order.

If the other deadlines set out in the Court’s prior scheduling order change due to the new trial date, a new scheduling Order shall be entered.

CRITICALCivil cases

Applies to

Joint pretrial order

Each party must attach a proposed jury charge, including instructions, definitions, and questions, to the Joint Pretrial Order.

6) Each party shall attach a proposed jury charge including instructions, definitions and questions to the Joint Pretrial Order.

CRITICALCivil cases

Applies to

Continuance order

An order granting a continuance must include an order resetting the case for trial.

The Order granting such Motion for continuance shall contain an Order resetting the case for trial.

CRITICALCivil cases

Applies to

Outstanding orders

All outstanding orders more than 30 calendar days old when this order was entered must be submitted to the Court by April 3, 2023, at 5:00 p.m.

IT IS ORDERED that all outstanding orders older than thirty (30) calendar days from the entry of this order shall be submitted to the Court no later than April 3, 2023, at 5:00 p.m.

CRITICALCivil cases

Applies to

Waiver of arraignment statement

Where allowed by the court in which an indictment is filed, a defendant may waive arraignment only by filing a statement containing the defendant’s plea and signature, and the signature of the defendant’s attorney, no later than the day before arraignment is scheduled.

Where allowed by the court in which an indictment is filed, a defendant may waive arraignment only by filing a statement containing the defendant’s plea and signature, and the signature of the defendant’s attorney, no later than the day before arraignment is scheduled.

CRITICALCivil cases

Applies to

Motion for leave to appear electronically

A request for leave to appear or present witness testimony electronically at an in-person hearing must be made by written motion and requires an order granting or denying it.

Parties wishing to appear or present witness testimony electronically for an in-person hearing must request leave of Court by way of written motion filed at least three (3) business days prior to the hearing and an order granting or denying the request.

CRITICALCivil cases

Applies to

Motion for special hearing

If a parent, attorney Ad Litem for the child(ren), or guardian Ad Litem for the child(ren) disapproves of the procedure, the DEPARTMENT shall file a Motion for Special Hearing on the matter which shall be set within two (2) business days. The elective medical or dental procedure shall not go forward until a hearing is held.

If a parent, attorney Ad Litem for the child(ren), or guardian Ad Litem for the child(ren) disapproves of the procedure, the DEPARTMENT shall file a Motion for Special Hearing on the matter which shall be set within two (2) business days. The elective medical or dental procedure shall not go forward until a hearing is held.

CRITICALCivil cases

Applies to

Hearing orders and orders for which relief was sought

The Department must submit hearing orders and orders for which relief was sought, whether granted or denied.

IT IS ORDERED that the DEPARTMENT shall submit hearing orders and/or any orders for which relief has been sought, regardless of whether it has been granted or denied, no later than thirty (30) calendar days after the order is rendered by this Court.

CRITICALCivil cases

Applies to

Hearing attendance request

The form must contain the inmate’s name and date of birth and/or SO Number.

The form shall contain the inmates name, date of birth, and/or SO Number.

CRITICALCivil cases

Applies to

Withdrawal motion

A withdrawal motion must include client consent, a certificate from newly employed counsel, or the specified mailed notice to the client with a copy of the letter attached.

Such motion shall include the client’s written consent to such withdrawal or a certificate by another lawyer that he has been employed to represent the client in the case, or a copy of such motion shall be mailed to the client at his last known address with a letter advising that the motion will be presented to the court on a particular date and any objection to such withdrawal should be made to the Court in writing. A copy of such letter shall be attached to the Motion.

CRITICALCivil cases

Applies to

Joint pretrial order

Each party must state the probable trial length and any special scheduling difficulties involving counsel, parties, or witnesses.

7) A statement by each party as to the probable number of days for trial and any special scheduling difficulties of counsel, parties or witnesses.

CRITICALCivil cases

Applies to

Ex parte relief application

An application for ex-parte relief must state whether, to the applicant’s and attorney’s knowledge, the opposing party is represented by counsel and identify that counsel.

All applications for ex-parte relief shall state whether or not, within the knowledge of the applicant, and his attorney, the opposing party is represented by counsel, and the name of such counsel.

CRITICALCivil cases

Applies to

Order setting hearing

An Order Setting Hearing must include the names and mailing address of all counsel of record.

2.2 Order Setting Hearing. The Order Setting Hearing shall include the names and mailing address of all counsel of record.

CRITICALCivil cases

Applies to

Placement notice

A placement notice must be filed with the Court when qualifying children are placed outside the Rio Grande Valley.

Child(ren) who have an extraordinarily high level of medical needs and/or children who have behavioral level of care “Specialized”, “Intense”, or higher, as defined under RULES 700.2341 & 700.2361 of the TEXAS ADMINISTRATIVE CODE, may be placed outside of counties of the Rio Grande Valley, upon notice filed with the Court and copied to all counsel of record. No prior Court approval is necessary.

CRITICALCivil cases

Applies to

Docket entry

When the court continues a trial setting on its own motion, the docket must record that fact and the next trial setting.

Where a court Continues a trial setting on its own motion, this fact shall be recorded on the docket of the continued case together with the next trial setting.

CRITICALCivil cases

Applies to

Notice

The travel notice must state the reasons for the travel and include the trip itinerary.

The notice shall include the reasons for the travel and the trip itinerary.

CRITICALCivil cases

Applies to

Notice

Notice of an elective procedure requiring general anesthesia must include the treating physician’s documentation demonstrating medical necessity.

The notice shall include documentation from the treating physician demonstrating the medical necessity of the procedure.

WARNINGCivil cases

Applies to

Withdrawal motion

No attorney of record should be permitted to withdraw from any case without presenting a Motion and obtaining from the Court an Order granting leave to withdraw.

No attorney of record should be permitted to withdraw from any case without presenting a Motion and obtaining from the Court an Order granting leave to withdraw.

INFOCivil cases

Applies to

Motion and bench warrant

An Attorney Ad Litem representing a parent in state or federal custody may file an appropriate motion and bench warrant to request the parent’s appearance.

Attorney Ad Litem representing parents who are in state or federal custody, may file the appropriate motion and bench warrant requesting their appearance.

CRITICALCivil cases

Applies to

Notice of hearing or order setting hearing

Notices of Hearing and Orders Setting Hearing must include the court’s address, telephone number, and electronic and telephonic appearance instructions.

IT IS ORDERED that all following information shall be included in all Notices of Hearing or Orders Setting Hearing: Child Protection Court of the Rio Grande Valley West 100 N. Closner Blvd Edinburg, Texas 78539 Telephone (956) 318-2671 Zoom ID for Electronic Appearances - https://app.zconnect.io/r/XBLBIK Zoom ID and Phone Number for Telephonic Appearances – Please Call 956-318-2671 for current dial-in information.