Hood County Court at Law Document Filing Requirements

CRITICAL

Applies to

Uncontested case

Counsel and self-represented parties appearing on the uncontested docket must have completed the necessary concluding documents, including the listed items; otherwise, the case will be set on the next available contested docket.

All counsel or pro se parties are required to have completed all documents necessary to conclude the legal matters before the Court including, but not limited to: a. Final Judgment or Final Orders b. State of Texas reporting forms c. Employer's Order Withholding d. QUDRO documents e. Statement of last known address of defaulting party Affidavit of non-military status of defaulting party. Should counsel or pro se parties appear without the same, the case will be thereafter set on the next available contested docket.

CRITICAL

Applies to

Proposed division of estate

When the court is asked to divide the community estate, each party must submit a proposed division identifying the property and debts to be divided.

In all cases involving a request for the division of the community estate by the Court, each party is required to submit a proposed division of the estate setting out and identifying the property and debts to be divided.

CRITICAL

Applies to

Certificate of completion

Each party who completes the course must file a certificate of completion with the court.

Each party completing the course shall file a certificate of completion with the court within thirty (30) days of completion of the course, or at the time of that party's next court appearance, whichever is sooner.

CRITICAL

Applies to

Ex parte application

When presenting an ex parte application, counsel must certify in writing that the opposing party is unrepresented or that the stated notice conditions apply; the rule excludes specified protective and domestic temporary restraining orders.

RULE 2.1. APPLICATION FOR EX PARTE ORDERS (EXCLUDING FAMILY VIOLENCE PROTECTIVE ORDERS AND DOMESTIC TEMPORARY RESTRAINING ORDERS) Counsel presenting any application for an ex parte order shall, at the time the application is presented to the Court, certify in writing that: a. to the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or b. if the party against whom the relief is sought is represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) counsel presenting the application has diligently attempted to notify opposing counsel, has been unable to do so, and the circumstances do not permit additional efforts to give such notice.

CRITICAL

Applies to

Child support order or decree

An order or decree directing child support payments through the District Clerk’s registry must include an application for child support services, which is deemed included.

Each order or decree which provides for child support to be paid through the registry of the District Clerk of Hood County, Texas, shall include and shall be deemed to include, an application for child support services.

CRITICALCivil cases

Applies to

Certificate of conference

Must include

certificate of conference

A Certificate of Conference establishing compliance with the conference requirement must be on file before any Temporary Orders hearing.

A Certificate of Conference establishing that this requirement has been met, must be on file prior to any hearing for Temporary Orders.

CRITICAL

Applies to

Sworn affidavit

Appointed counsel must file a sworn affidavit verifying completion of the annual education requirement by December 31 each year.

A sworn affidavit by the attorney verifying that he/she has completed such annual education requirement must be filed with the Court on or before December 31 of each year.

CRITICAL

Applies to

Inventory and appraisement

In all cases in which the character, value or division of property or debts is in issue, each party shall file, not less than thirty (30) days prior to a trial, a sworn inventory and appraisement of all of the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.

In all cases in which the character, value or division of property or debts is in issue, each party shall file, not less than thirty (30) days prior to a trial, a sworn inventory and appraisement of all of the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.

CRITICAL

Applies to

Continuance motion

A continuance motion must follow the applicable Texas procedure and be accompanied by an order setting the motion for a hearing.

Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as amended or Article 29.01, Texas Code of Criminal Procedure, as applicable, and the motion must be accompanied by an order setting the motion for a hearing.

CRITICAL

Applies to

Original petition

The Petitioner, through counsel, must certify in writing in the original petition that the Petitioner received and reviewed the entire order.

The Petitioner, by his/her attorney, shall certify in writing in the original petition that he/she has received and reviewed the entire contents of this Order upon filing of an original petition, suit affecting the parent-child relationship, or modification.

CRITICAL

Applies to

Plea offer

If further negotiations alter the standard offer, the altered offer must be agreed upon and documented in the State’s file before the case moves to a plea docket.

If further plea negotiations are conducted; and the standard offer is altered by a prosecutor, the plea offer must be agreed upon and documented in the State's file before the case is moved to a plea docket;

CRITICALCivil cases

Applies to

Petition

The District Clerk must attach a copy of the order to the original petition and every copy when the petition is filed.

The District Clerk shall attach a copy of this order to the original petition and to each copy of the petition at the time the petition is filed.

CRITICAL

Applies to

Trial materials

When reporting for trial, the parties must deliver a witness list, exhibit list, and any motion in limine to the Court, the Court Reporter, and the other parties.

At the time the parties report for trial they will deliver to the Court, the Court Reporter and the other parties a witness list and exhibit list and any motion in limine.

CRITICAL

Applies to

Petition

When the petition is filed, the District Clerk must attach a copy of the order to the original petition and each copy.

The District Clerk shall attach a copy of this order to the original petition and to each copy of the petition at the time the petition is filed.

CRITICAL

Applies to

Expert witness disclosure

Must include

caption

Each party must list the specified expert witnesses in a document containing the case caption.

Each party shall list such witnesses in a document containing the caption of the case and serve it upon the opposing party as provided by Rule 21a, Texas Rules of Civil Procedure.

CRITICAL

Applies to

Criminal case file

Each criminal case file must contain the standard plea offer for that case.

Each criminal file shall contain the standard plea offer for each case.

CRITICAL

Applies to

Videotaped depositions or films

Counsel intending to offer videotaped depositions or other films at trial must make them available, except when they are offered solely for impeachment.

Counsel intending to offer videotaped depositions or other films at trial, except those offered solely for impeachment, must make such tapes and films available

CRITICAL

Applies to

Hearing setting request

After an answer is filed or the opposing party appears, a party may request a trial or pretrial setting using either of the specified written or oral procedures, and every setting request must estimate the court time required.

At any time after the filing of an answer or entry of an appearance by the opposing party, any party may request a setting for a trial on the merits or, where applicable, a pretrial hearing, by (i) filing with the Court a motion requesting a hearing, and an order setting the hearing, accompanied by a certificate of service to opposing counsel; or (Il) orally requesting the Court to schedule the hearing and confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure, as amended. All requests for a setting shall include an estimate of the amount of court time required for the hearing.

CRITICAL

Applies to

Certificate of conference

Must include

certificate of conference

A written certification that the parties and attorneys completed the required conference must be filed before any Temporary Orders hearing.

Prior to any hearing for Temporary Orders the parties and attorneys shall certify to the Court in writing that they have conferenced and negotiated for at least one (1) hour in an effort to resolve all issues regarding Temporary Orders. A Certificate of Conference establishing that this requirement has been met, must be on file prior to any hearing for Temporary Orders.

CRITICAL

Applies to

Prosecution witness list

The prosecution must produce its witness list, including the specified lay, expert, and reasonably anticipated rebuttal witnesses, before jury voir dire begins.

8. The witness list for the prosecution shall be produced to the defense prior to commencement of the jury voir dire examination. Such list shall include all witnesses, whether lay or expert, including witnesses under Rule 701 Texas Rules of Evidence, together with all rebuttal witnesses whose use can be reasonably anticipated by the State;

CRITICAL

Applies to

Jury instructions

In civil jury trials, anticipated special questions, definitions, and instructions must be submitted to the Court.

In all civil jury trial cases, anticipated special questions, definitions and instructions shall be submitted to the Court in writing and on computer disc in Microsoft Word® format at the pre-trial hearing, or if there is no pre-trial hearing, seven (7) days prior to the beginning of the trial, with copies to opposing counsel or pro se parties.

CRITICAL

Applies to

Temporary hearing support documents

When temporary support of a spouse or child is at issue, each party must furnish available tax returns for the two prior calendar years and specified income records covering the prior calendar year and the current year through the hearing date.

In all cases in which temporary support of a spouse and /or the child is in issue, each party shall be required to furnish: 1. Copies of that party's federal income tax returns for the two calendar years prior to the temporary hearing, if available. 2. All payroll statements, pay stubs, W2 forms, and 1099 forms which evidence that party's earning for the calendar year prior to the temporary hearing and from January 1 of the current year through the date of the temporary hearing.

CRITICAL

Applies to

Written notice of counsel employment or appointment

Upon employment or appointment, defense counsel must give the County Attorney and County Clerk written notice 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 County Attorney and the County Clerk stating the name of the accused, the offense(s) charged and caused number, if known.

CRITICAL

Applies to

Written notification to court

If the parties cannot agree on an ADR referral, one party must notify the Court in writing that coordination efforts were unsuccessful.

If the parties are unable to cooperate or agree to a referral of such issues to an ADR procedure, then upon written notification to the Court by one of the parties that efforts to coordinate a referral have been unsuccessful, the Court, without a hearing, shall enter an order of referral to an ADR procedure, and under such terms and conditions selected by the Court.

CRITICAL

Applies to

Scientific report

The State must provide scientific reports regarding evidence it could offer at trial, reduce nonexistent reports to writing within a reasonable time, and include the specified expert and opinion information.

12. All scientific reports regarding any and all evidence that could be offered at trial against the Defendant; if such reports are not in existence the State is required within a reasonable time to reduce to writing; such reports must include the qualifications of the expert, the materials considered by the expert and basis for the opinions and conclusions of the expert.

CRITICALCivil cases

Applies to

Original petition

Upon filing an original petition, suit affecting the parent-child relationship, or modification, the Petitioner, through counsel, must certify in writing in the original petition that the Petitioner received and reviewed the entire Order.

The Petitioner, by his/her attorney, shall certify in writing in the original petition that he/she has received and reviewed the entire contents of this Order upon filing of an original petition, suit affecting the parent-child relationship, or modification.

WARNING

Applies to

Proposed judgment submission

Must include

proposed order

Counsel may submit a proposed judgment, decree, or order with a letter requesting signature if the Court receives no written objection within ten days of the letter.

Present the Court with the proposed judgment, decree or order, together with a letter requesting the Court to sign the same if the Court has not received a written objection from opposing council within ten (10) days from the date of the letter.

WARNING

Applies to

Trial witnesses and exhibits

A witness or exhibit omitted from the lists may be used at trial only with leave of the Court.

Any witnesses or exhibits not shown on such list can be used at the trial only upon leave of the Court.

INFO

Applies to

Child support services declination

A person entitled to child support services may decline the Texas Attorney General’s services using the Attorney General’s forms when collection efforts begin; no other services may be declined under this rule.

A person entitled to receive child support services may decline such services on forms provided by the Texas Attorney General at the time collection efforts are initiated. Only the services of the Texas Attorney General may be declined.