Hopkins County Court at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Letter

The attorney ad litem must submit a letter to the court containing their findings.

5. Submit a letter to the court with their findings;

CRITICAL

Applies to

Appendix

Each party shall file with its brief an appendix containing a written transcription of all portions of the recorded reporter's record and a copy of all exhibits relevant to the issues raised on appeal.

Each party shall file with its brief an appendix containing a written transcription of all portions of the recorded reporter's record and a copy of all exhibits relevant to the issues raised on appeal.

CRITICAL

Applies to

Court recorder log

The court recorder must make a detailed, legible log containing the specified information for each recorded proceeding.

Making a detailed, legible log for all proceedings being recorded, indexed by the date and location of each event being recorded, and showing the number and style of the proceeding before the court, the correct name of each person speaking, the nature of the proceeding (e.g. voir dire, opening, examination of witnesses, cross-examination, argument, bench conferences, whether in the presence of the jury, etc.), the time of the day of each event, and the offer, admission or exclusion of all exhibits;

CRITICALCivil cases

Applies to

TRO

Do not include standing-order items in a TRO; the court will reject TROs that largely overlap the standing orders and require resubmission limited to original items of genuine concern.

Do not request TROs that contain items in the standing orders. The court will reject TROs that largely overlap the standing orders and ask you to resubmit with only original items of genuine concern.

CRITICALCriminal cases

Applies to

Reset form

The defendant must sign the reset form.

Reset form MUST be signed by defendant

CRITICALCivil cases

Applies to

Petition

The petitioner must attach this order to the petition and each copy; if the petitioner fails to do so when filing, the district clerk must attach it.

A. The petitioner shall attach a copy of this order to the petition and to each copy of the petition. If, at the time the petition is filed, the petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the district clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.

CRITICALCivil cases

Applies to

Petition

The petitioner must attach the order to the petition and each copy; if the petitioner fails, the district clerk must ensure it is attached.

The petitioner shall attach a copy of this order to the petition and to each copy of the petition. If, at the time the petition is filed, the petitioner has failed to attach a copy of this order to the petition and any coy of the petition, the district clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.

CRITICALCivil cases

Applies to

Initial pleading

Must include

proposed order

The initial pleading in an heirship proceeding must be accompanied by a proposed order appointing the attorney ad litem, with the name left blank.

It shall be the responsibility of the applicant's attorney, at the time of filing the initial pleading in the heirship proceeding, to (1) deposit $500.00 into the registry of the court and (2) e-file a proposed order appointing the attorney ad litem (name left blank).

CRITICALCivil cases

Applies to

Petition

The petitioner must attach the order to the petition and each copy; if the petitioner fails to do so at filing, the district clerk must ensure it is attached.

A. The petitioner shall attach a copy of this order to the petition and to each copy of the petition. If, at the time the petition is filed, the petitioner has failed to attach a copy of this order to the petition and any coy of the petition, the district clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.

CRITICALCivil cases

Applies to

Proposed order

An attorney must not submit a proposed order determining heirship or deciding the merits until required citation has been completed and the attorney ad litem has filed their report.

Until required citation has been accomplished and the attorney ad litem has filed their report with the court, no attorney may submit a proposed order to the court which would have the effect of determining heirship or otherwise deciding the issue on the merits.

CRITICALCivil cases

Applies to

Ex parte application

Ex parte applications must not repeat matters addressed or substantially addressed by the standing orders and should seek only relief presenting a genuine concern under the case’s unique facts.

Applications for ex parte relief, such as temporary restraining orders, shall not contain items that are already addressed in these standing orders, or items that are substantially the same. The only items to be applied for ex parte should be items of genuine concern under the unique facts of the case.

CRITICALCivil cases

Applies to

Pleading or statement

In every case involving children, the parties must file a pleading or statement describing the children's health insurance.

In every case involving children, the parties must file a pleading or statement describing the children's health insurance.

CRITICAL

The court must be provided confirmation of the defendant’s location when the defendant is detained, incarcerated, or in a treatment facility on the court date.

Provide the Court with confirmation of defendant’s location.

CRITICAL

Applies to

Appendix

If a party cannot afford costs, the court recorder must arrange for the record to be transcribed and file it as the party's appendix with all exhibits.

Inability to Afford. If a party is unable to afford costs, the court recorder must transcribe or have transcribed the recorded reporter's record and file the transcription as that party's appendix, along with all exhibits.

CRITICALCivil cases

Applies to

Default judgment checklist

Before scheduling a hearing to finalize a default judgment, complete the Default Judgment Checklist and file it with the Clerk’s Office.

Before you can schedule a hearing to finalize a default judgment, you must complete a Default Judgment Checklist (found under Resource heading on website) and file it with the Clerk’s Office.

CRITICAL

Applies to

Proposed order

In non-agreed cases, the Obligor must bring a copy of the proposed Order Terminating IWO to the hearing.

4. Obligor brings copy of proposed Order Terminating IWO to the hearing

CRITICAL

Applies to

Reset form

The reset form requires both the attorney’s and defendant’s signatures unless the defendant is incarcerated or admitted to an inpatient hospital or facility.

Both the signature of the attorney and the defendant are required, unless the defendant is currently incarcerated, or admitted to an inpatient hospital or facility.

CRITICALCivil cases

Applies to

Answer

The attorney ad litem must file an answer on behalf of their clients.

4. File an answer on behalf of their clients;

CRITICALCivil cases

Applies to

Order

When children receive government health insurance, an order will not be signed unless it orders the obligor to pay cash medical support.

The court will not sign any order where the children are receiving government health insurance unless the obligor is ordered to make payments of cash medical support.

CRITICAL

Applies to

Petition to terminate withholding for child support

In non-agreed cases, the Obligor must file a Petition to Terminate Withholding for Child Support.

1. Obligor files Petition to Terminate Withholding for Child Support

CRITICALCivil cases

Applies to

Financial information

Anyone asking for spousal support or division of expenses must provide written financial information listing income and expenses.

If you are asking the court to order spousal support or divide expenses, you must provide, in writing, all relevant financial information listing income and expenses.

CRITICAL

Applies to

Proposed order

In agreed cases, the Obligor must provide a proposed Order Terminating IWO signed by both the Obligor and the Obligee.

Obligor provides proposed Order Terminating IWO signed by BOTH obligor and obligee

CRITICALCivil cases

Applies to

Notice of hearing

The notice of hearing must have the hearing date filled in.

Please e-file a notice of hearing with the date filled in.

CRITICAL

Applies to

Reset form

When the defendant is detained, incarcerated, or in a treatment facility on the court date, an attorney-represented case requires the attorney’s signature on the reset form but not the defendant’s.

For cases with attorney representation, the attorney is still required to sign a reset form, but the defendant’s signature is not required.

CRITICAL

Applies to

Reset form

The defendant must complete and sign the reset form before sending it to the coordinator, who then e-files it for the judge’s signature.

Defendant must fill out and sign reset form before sending to court coordinator, who will then e-file it for judge’s signature.

CRITICALCivil cases

Applies to

Application for ex parte relief

An application for ex parte relief must not request matters already addressed, or substantially the same as matters addressed, in the standing orders.

Applications for ex parte relief, such as temporary restraining orders, shall not contain items that are already addressed in these standing orders, or items that are substantially the same.

CRITICALCivil cases

Applies to

Order setting hearing

Keep an order setting hearing neutral, without narrative or pleading language or any suggestion that findings have already been made; an ex parte order may state emergency findings before the hearing if they are not in a separate order.

Do not include narrative-style language or language from a pleading. The OSH should not appear as though the court has already made any findings. Plead however you see fit in your Petition, but keep the OSH neutral. This does not apply to Ex Parte situations – that’s a special case where the OSH can absolutely state the court’s emergency findings prior to the hearing – and should, if the findings aren’t made in a separate order.

CRITICALCivil cases

Applies to

Property division proposal

Anyone asking the court to divide property must provide a written proposed division listing all assets and debts.

If you are asking the court to divide property, you must provide, in writing, a proposed property division which lists all assets and debts.

CRITICALCivil cases

Applies to

Proposed order

Upon completing their duties, the attorney ad litem must submit a proposed order for payment or discharge.

7. Submit a proposed order for payment/ discharge upon completion of duties.

CRITICAL

Applies to

Forms

Self-represented litigants must use the forms available at Texaslawhelp.org.

All self-represented litigants must use the forms at Texaslawhelp.org (links available below)

CRITICAL

Applies to

Proof

In agreed cases, the Obligor must provide proof that one of the listed conditions for terminating the IWO applies.

Obligor provides proof that: i. Child is 18 years old and has graduated from high school; or ii. Child is deceased; or iii. Child’s legal disabilities of minority have been removed by marriage or court order; and

CRITICALCivil cases

Applies to

Ex parte application

An ex parte application must not seek relief already addressed by the standing orders or substantially similar relief.

Applications for ex parte relief, such as temporary restraining orders, shall not contain items that are already addressed in these standing orders, or items that are substantially the same.

WARNING

Applies to

Filing presented to judge

Must include

case number

As a general rule, no filing should be presented to the judge unless a cause number has been assigned to the case and the filing is clearly marked with the assigned cause number. An exception may be made by the judge if an emergency filing is presented to the judge outside of normal business hours and the appropriate clerk's office is not open.

As a general rule, no filing should be presented to the judge unless a cause number has been assigned to the case and the filing is clearly marked with the assigned cause number. An exception may be made by the judge if an emergency filing is presented to the judge outside of normal business hours and the appropriate clerk's office is not open.

WARNINGCivil cases

Applies to

Ex parte application

The only items to be applied for ex parte should be items of genuine concern under the unique facts of the case.

The only items to be applied for ex parte should be items of genuine concern under the unique facts of the case.

WARNINGCivil cases

Applies to

Application for ex parte relief

The only items to be applied for ex parte should be items of genuine concern under the unique facts of the case.

The only items to be applied for ex parte should be items of genuine concern under the unique facts of the case.

WARNINGCivil cases

Applies to

Agreed final order

An agreed order qualifies for the prove-up exemption only if it is signed by every party and attorney, has distinctive written signatures and notaries, and states that the parties did not appear in person and waived making a record.

Prove-ups are not required for agreed orders if all of the following conditions are met: 1. There is an agreed decree or order signed by every party and attorney involved in the case; 2. All signatures and notaries are distinctive written signatures, not"/ s/ Typed Name." 3. The Appearances section of the order indicates that the parties did not appear in person and that the making of a record was waived.

WARNINGCivil cases

Applies to

Order setting hearing

An order setting hearing should identify the pleading at issue, the hearing's time and place, and whether it is temporary or final.

Orders Setting Hearing (OSH) should identify the pleading at issue, the time and place, and whether the hearing is temporary or final.

WARNINGCivil cases

A contested final-orders hearing should be set for 9:00 a.m. unless the court agrees to a later time.

A contested, final orders hearing should be scheduled for 9:00 a.m., unless the court agrees to a later setting.

INFO

Applies to

Supplemental appendix

The appellate court may direct a party to file a supplemental appendix containing a transcription of additional portions of the recorded reporter's record.

The appellate court may direct a party to file a supplemental appendix containing a written transcription of additional portions of the recorded reporter's record.