Hidalgo County District Courts Document Filing Requirements

Applies to

Motion

Must include

certificate of conference

Motions should be in writing and, if filed, must 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.

Applies to

Order setting hearing

An Order Setting Hearing must include the names and mailing addresses 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.

Applies to

Discovery motion

Must include

certificate of conference

Discovery motions and discovery-hearing requests must include a certificate stating that reasonable efforts to resolve the dispute failed despite good-faith negotiations before filing.

2.3 Certificate of Conference. All counsel are expected to engage in good faith negotiations prior to filing pre-trial motions. 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.

Applies to

Ex parte application

Every ex parte application must state whether the opposing party is represented by counsel and, if so, provide counsel's name.

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.

Applies to

Arraignment waiver

Where permitted by the court, a defendant may waive arraignment only by filing a timely statement containing the defendant’s plea and signature and the attorney’s signature no later than the day before arraignment.

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.

Applies to

Arraignment waiver

Before a defendant may waive arraignment, the defendant’s attorney must certify in writing that the waiver occurred after the defendant understood arraignment’s 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.

Applies to

Joint pretrial order

The parties must prepare and file a Joint Pretrial Order with the clerk.

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.

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.

Applies to

Exhibits

All exhibits must be premarked, with inadmissible matters redacted, before trial.

All Exhibits are to be premarked with inadmissible matters redacted prior to trial.

Applies to

Verification of birth or birth certificate

If the status hearing has already occurred, the Department must file each child’s birth verification or certificate within 45 days after signing the standing order.

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.

Applies to

Verification of birth or birth certificate

The Department must file a verification of birth or birth certificate for each child by the status hearing.

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.

Applies to

Amended petition

The Department must file amended petitions with corrections within 30 days after filing the child’s birth verification or 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.

Applies to

Hearing order

The Department of Family and Protective Services must submit hearing orders and any orders requesting relief within 30 calendar days after the Court renders the order, regardless of whether relief is 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.

Applies to

Hearing order

A movant other than the Department must submit required hearing orders and any orders requesting relief within 30 calendar days after the Court renders the order, regardless of whether relief is 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.

Applies to

Hearing order

All outstanding orders older than 30 calendar days from entry of the standing order must be submitted 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.

Applies to

Voucher

Appointed counsel's payment vouchers must follow the Court's appointment-type categorizations 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.

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.

Applies to

Procedure notice

Notice of an elective medical or dental procedure requiring general anesthesia must include the treating physician's documentation of medical necessity.

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

Applies to

Motion for leave to appear electronically

A party seeking to appear electronically or present witness testimony electronically at an in-person hearing must file a written motion at least three business days before the hearing and obtain an order granting or denying leave.

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.

Applies to

Verification of birth or birth certificate

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

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.

Applies to

Verification of birth or birth certificate

If the status hearing has already occurred, the Department must file the required birth verification or certificate no later than 45 days after signing the order.

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.

Applies to

Amended petition

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

Applies to

Attorney voucher

Appointed counsel's payment vouchers must follow the Court's appointment-type categorizations 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.

Applies to

Notice of hearing

Every Notice of Hearing must include the court’s address and telephone number, the Zoom ID for electronic appearances, and instructions for obtaining current telephonic dial-in 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.

Applies to

Request for incarcerated parent attendance

The Attorney Ad Litem must email the court the attached Exhibit 1 request form to the specified child-protection court email address.

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

Applies to

Request for incarcerated parent attendance

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

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

Applies to

Joint pretrial order

The Joint Pretrial Order must include a list of all exhibits expected to be offered at trial.

A list of all exhibits expected to be offered at trial.

Applies to

Joint pretrial order

Each party must provide a statement estimating the number of trial days and identifying 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.

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.