Hunt County Courts at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A party should not announce that it is not ready at the pretrial hearing unless a motion for continuance has been filed.
- A setting may be passed or reset only by a qualifying settlement agreement, a written agreement of all parties approved by the Court, or a Court-granted motion for continuance.
- A trial setting, whether jury or non-jury, may not be passed by agreement of counsel.
- +7 more
Request must include
Document Format Requirements8 rules
Note that an Appointment of Resident Agent must be signed before a notary, not a deputy clerk.
The court will not accept nor approve any inventory, annual account, or account for final settlement that is not completed and submitted on the form promulgated by the Court, which is found on the Court’s website.
Note that an Appointment of Resident Agent must be signed before a notary, not a deputy clerk.
The court will not accept nor approve any inventory, annual account, or account for final settlement that is not completed and submitted on the form promulgated by the Court, which is found on the Court’s website.
The court will not accept nor approve any inventory, report on the condition of the ward, annual account, or account for final settlement that is not completed and submitted on the form promulgated by the Court, which is found on the Court’s website.
A testifying party or witness must be clearly seen and heard on camera; the court will not allow testimony to proceed without an unobstructed view unless the person complies.
Court's wording
C. The camera of any party or witness who provides testimony must provide an unobstructed view of the party or witness providing testimony. An unobstructed view, for the purposes of this plan, means that the individual can be clearly seen, identified, and heard without any barrier other than a clean camera lens. Consistent with constitutional confrontation requirements, if a party or witness is not on camera, or cannot be clearly seen, the Court will not allow the person to testify or continue to testify unless the witness complies with the requirement of an unobstructed view.
1. Any physical evidence offered at a remote proceeding detention hearing must be displayed or provided so that the court, attorneys and witness can view it simultaneously.
The non-legal work should be reflected on the regular bills for legal work, without a dollar extension, and with the notation "PRC' for "Personal Representative Compensation."
Document Filing Requirements218 rules
The attorney-fiduciary must keep meticulous time and expense records, carefully segregating legal and non-legal work.
A request for dual compensation must be fully disclosed at appointment or, if made later, upon motion and hearing.
Court's wording
There must be full disclosure of the attorney- fiduciary's request for dual compensation at the time of appointment or upon motion and hearing if the request for dual compensation is made after appointment.
Attach an affidavit by the applicant attorney swearing to the reasonableness of the fees and the necessity of the services and indicating the number of years he or she has practiced probate and guardianship law.
Include All Time - Include all the time y ou have spent on the file, even that time for which you are not charging, and indicate such fact with the following notations: "NO CHARGE" or "N/C ."
If the invoice does not make clear for whom time is being billed, include a legend identifying each timekeeper’s name, initials, role, and years of probate experience.
Court's wording
Include Legend - If it is not clear from the invoice for whom time is being billed. please include a Legend to indicate the name of the timekeeper, initials of the timekeeper, whether the timekeeper is an attorney or paralegal, and the years of probate experience of the timekeeper.
Include Descriptions - Describe the topic or purpose for each telephone or office conference.
Justify Extraordinary Efforts - If you believe that the time you have spent on an activity may be perceived as excessive, include a statement in brackets at the end of the entry as to why such extraordinary time was justified.
Invoices must itemize unrelated activities separately with their respective times and amounts rather than block-billing them.
Court's wording
Avoid Block Billing - Itemize all unrelated activ ities separately, with their respective times and amounts. Do not block bill for unrelated activ ities. Block billing is a practice whereby time entries contain several unrelated items with a single cumulative time and amount, rather than complete itemization.
A fee application must include an invoice itemizing time and expenses, except that no invoice is required for an agreed court-appointed attorney ad litem fee below $550 in an irship or guardianship matter.
Court's wording
Itemized Invoice Should Accompany Fee Application - Any time an attorney is making application for his or her fees to the Court, an invoice itemizing the time and expenses is required, even when the estate is solvent and the fee amount is agreed upon by all parties. However, be aware that when an attorney ad litem is appointed by the Court in an irship or guardianship matter and the attorney ad !item's fee is agreed u on and totals less than $550, an invoice is not required.
The notice or affidavit must state who will inherit the testator’s property if the offered will is not admitted to probate.
Court's wording
The notices or affidavits must contain a statement that the testator' s property will pass to the testator' s heirs if the will is not admitted to probate ( or, if another will of the testator has already been admitted to probate, to the beneficiaries of that will).
Affidavits must also include a statement that the heir (or beneficiary) does not object to the offer of the testator' s will for probate.
The notices or affidavits must contain a statement that the person offering the testator' s will for probate may not be in default for fai ling to present the will for probate during the four-year period immediately fo llowing the testator' s death.
If the address of any of the testator' s heirs cannot be ascertained by the applicant with reasonable diligence, § 258.052 requires the court to appoint an attorney ad litem to protect the interests of the unknown heirs.
Notice or a waiver affidavit is required for each reasonably ascertainable heir, or for each beneficiary of a previously probated will instead of the heirs.
Court's wording
The notices or affidavits are required (1) for each of the testator' s heirs whose address can be ascertained by the applicant with reasonable diligence or (2) if another will of the testator has already been admitted to probate, for each beneficiary of the testator' s previously probated will instead of the testator' s heirs.
When an attorney ad litem is needed, the applicant must immediately e-file the Court’s appointment order after filing the probate application; the applicant must not select the attorney ad litem.
Court's wording
The applicant shall, immediately upon filing the application to probate the will, initiate the appointment of the attorney ad litem by e-filing the Court' s order appointing attorney ad litem (found on the Court' s website). Applicant shall not select the attorney ad litem. The Court will select the attorney ad litem after Applicant e-files the order.
The Clerk must attach to each citation issued the "Notice of Application to Probate a Will More than Four Years after the Testator' s Death" that is attached to this Order.
A waiver affidavit must itself explicitly include every point in the attached notice; merely referring to an attached notice is insufficient.
Court's wording
When an heir or a beneficiary executes an affidavit waiving citation and waiving objection, the affidavit itself must explicitly include all of the points addressed in the "Notice of Application to Probate a Will More than Four Years after the Testator's Death" attached to this Order. It is not sufficient for the affidavit to refer to an attached notice.
The applicant must offer sufficient evidence that he was not in default for failing to probate the will within four years.
Court's wording
Therefore, the Court will not grant the application in this case unless the applicant offers sufficient evidence to prove that he was not in default for failing to probate the will within four years of Decedent's death.
If you want to object to the probate of the will more than four years after the Decedent's death, you need to file a written objection with the Clerk.
An application to probate a lost will must state why the original cannot be produced and identify the devisees and the individuals who would inherit if the will were not admitted to probate.
Court's wording
Texas Estates Code § 256.054 requires that an application for the probate of a lost will must include information concerning the reason the original instrument cannot be produced and must also include ( among other things) the names of the devisees included in the lost will and the names of the individuals who would inherit if the copy of the lost will were not admitted to probate.
Texas Estates Code § 258.002 requires that when a will cannot be produced in Court, the Clerk shall issue citation to all parties interested in the estate, which citation shall contain substantially the statements made in the application for probate as well as the time when, place where, and the court before which such application will be acted upon.
An affidavit waiving citation must itself explicitly include every point addressed in the attached notice; merely referring to an attached notice is insufficient.
Court's wording
When an heir or a devisee executes an affidavit waiving citation, the affidavit itself must explicitly include all of the points addressed in the "Notice of Application to Probate Copy of Lost Will or Codicil or Lost Will or Codicil without a Copy" attached to this Order. It is not sufficient for the affidavit to refer to an attached notice.
The Clerk must attach the Order’s specified notice of the right to object to every citation issued under Texas Estates Code § 258.002.
Court's wording
The Clerk must attach to each citation issued under Texas Estates Code § 258.002 the "Notice of Application to Probate Copy of Lost Will or Codicil or Lost Will or Codicil without a Copy" that is attached to this Order, informing all persons interested in the estate of their right to object to the probate.
If you want to object to the probate of the lost will, you must file a written objection with the Clerk.
Texas Estates Code Section 1101.003 now requires that a Contact Information Affidavit be submitted in guardianships
Pro se litigants are required to provide a mailing address, telephone number, and email address for where they may be reached by court personnel and opposing counsel.
To invoke the exception to notice, a verified party certificate or counsel certificate stating one of the specified grounds must be filed with the application.
Court's wording
Compliance with notice is not required if a verified certificate of a party or a certificate of counsel is filed with the application stating: a. That irreparable harm is likely imminent and there is insufficient time to notify the opposing party or counsel; or b. That to notify the opposing party or counsel would impair or annul the Court’s power to grant relief because the subject matter of the application could be compromised or property removed, secreted or destroyed, if notice were given.
A separate proposed order granting the relief sought shall accompany the motion and shall be signed by all attorneys.
- Document
- Unopposed motion
Must include
- •Proposed order
If any motion is unopposed by all counsel of record, counsel shall state so conspicuously on the face of the motion.
Motions and responses shall be in writing and shall be accompanied by a proposed order both granting and denying the relief sought.
- Document
- Motion and response
Must include
- •Proposed order
Responses shall be in writing.
The certificate of conference must state one of the specified outcomes of the movant's conference or contact efforts.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
The “Certificate of Conference” shall state one of the following: a. Counsel for movant and counsel for respondent have personally conducted a conference at which there was a substantive discussion of the issues raised in this motion and despite best efforts the counsel have not been able to revolve those matters presented. b. Counsel for movant has personally attempted to contact the counsel for respondent to resolve the matters presented, but counsel for respondent has failed to respond or attempt to resolve the matters presented. c. Counsel for movant has conferred with opposing counsel on the merits of the issues contained in this motion, and opposing counsel has indicated that the motion is unopposed.
If any motion is agreed by all counsel of record, counsel shall state so conspicuously on the face of the motion.
When proving damages in a motion for default judgment, show the Court how you calculated the damage figure and provide evidence to support your calculation.
A Rule 106 substituted-service motion must include an affidavit describing the required address-verification efforts and service-attempt details.
Court's wording
All motions for substituted service under Rule 106 must be accompanied by an affidavit that describes the efforts taken to verify that the defendant actually lives or works at the subject address, at least three attempts of service at different time of day with the specific dates and times, the identity of person(s) present at the subject address and what was said, the identity of the owners of any cars in the driveway, or other indications that the defendant resides at the subject address.
All Rule 106 motions must be filed with a proposed order.
- Document
- Rule 106 motion
Must include
- •Proposed order
Before requesting a setting on a default judgment motion, complete and file the checklist applicable to the method of service.
Court's wording
Prior to requesting a setting on a Motion for Default Judgment, the Court’s Default Judgment Checklist for Personal Service or Certified Mail or Default Judgment Checklist for Alternative or Substituted Service must be completed and filed (the checklists may be found on the Court’s website).
For jury and bench trials longer than half a day, except criminal cases, each party must complete and file the Court’s Final Pretrial Submission.
Court's wording
In all jury trials and bench trials (other than criminal cases) of more than a half day, each party, either jointly or separately, shall complete and file the Court’s Final Pretrial Submission, which is promulgated by the Court and is found on the Court’s website.
A deposition notice setting a date, time, or place that was not agreed must include the specified conference statement.
Court's wording
12.4 Written notice of deposition. A written notice of deposition on a date, time or place that is not agreed shall state as follows: “A conference was held (or attempted) with the counsel for opposing party to agree to a time, date, place and materials to be furnished. Agreement could not be reached (or counsel will not respond) and the deposition is therefore being taken pursuant to this notice.”
The bankruptcy notice must state the bankruptcy court’s name and location, the bankruptcy case number and style, the filing date, and contact information for counsel and the trustee.
Court's wording
Whenever a party in this court files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party’s counsel to, within three (3) days of any bankruptcy filing, provide written notice to the court and all counsel that a bankruptcy has occurred, stating the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing and the name and address of counsel for the bankrupt party, as well as the name and address for the trustee.
Within seven (7) days of the Court’s ruling on contested matters the prevailing party shall submit a proposed order to the opposing party and the Court.
parties are required to make their exhibits available for inspection on the date of the pretrial conference or on a date prior with reasonable notice and request
Judgments or orders in uncontested matters, except qualifying settlements, and in the specified default matters must be presented at the hearing.
Court's wording
All judgments or orders in uncontested matters (except for settlements made pursuant to T.R.C.P. 11) and in default matters (where citation has been served and there has been no answer filed or other general appearance) must be presented at the time of hearing on the uncontested or default matter.
Immediately upon employment, the defense attorney shall give written notice of said employment to the prosecutor and the county clerk stating the name of the defendant, the date of and the offense(s) charged and cause number, if known.
A letter of representation shall be required of the attorney posting the attorney bond.
When a client accepts a plea offer, counsel must immediately submit a completed Attorney Fee Voucher if appointed or a Request for Bill of Cost if retained.
Court's wording
3.5 Plea bargain paperwork/process. Once your client has notified you that he/she has accepted a plea bargain offer, you shall immediately: a. notify the prosecutor’s office that the plea has been accepted so that the prosecutor’s office can prepare the plea paperwork, and b. submit to the court clerk a completed Attorney Fee Voucher if appointed, or Request for Bill of Cost, if retained. These forms are promulgated by the Court and are found on the Court’s website.
To set a pretrial motion for hearing, the motion must state the requested relief, pertinent facts, and supporting argument with authorities; have required signatures and oath; and include a certificate of service and proposed order, or the Court may refuse to consider it.
- Document
- Pretrial motion
Must include
- •Proposed order
- •Certificate of service
Court's wording
In order to set a pre-trial motion for hearing, the motion must: a. succinctly state the relief sought; b. state the facts pertinent to the motion; c. state supporting argument with authorities; d. be signed by counsel and, where required, by the defendant; e. be sworn to when required; f. contain a certificate of service; and g. contain a proposed order granting or denying the motion in full or in part. The Court may refuse to consider any pretrial motion that fails to comply with this Rule.
After a capias or warrant and judgment nisi are issued, bond reinstatement will not be considered unless the specified parties personally appear and show good cause and present a fully executed Agreed Order Recalling Capias.
Court's wording
Once issued, the Court will not consider reinstatement of the original bond until and unless: a. the attorney representing Defendant (if Defendant is represented by an attorney), Defendant, and the surety, personally appear before the Court and show good cause as to why the bond should be reinstated, and b. present the Court with a fully executed Agreed Order Recalling Capias. This form is promulgated by the Court and is found on the Court’s website.
For probate involving a lost will, a copy of a will, or a will offered more than four years after the testator’s death, an attorney ad litem will be appointed and the prescribed appointment order must accompany the probate filing.
Court's wording
In every probate involving a Lost Will, Copy of a Will or a Will offered for probate More than Four Years after the Death of the Testator, the Court will appoint an attorney ad litem to represent the decedent’s unknown heirs (and, if any, known heirs whose whereabouts are unknown and known heirs suffering legal disability). Therefore, an order for the appointment of an attorney ad litem for unknown heirs must accompany any probate involving a Lost Will, Copy of a Will or a Will offered for probate More than Four Years after the Death of the Testator. Applicant shall use the Order Appointing Attorney Ad Litem promulgated by the Court, which is found on the Court’s website.
Pleadings must begin with the exact names in the will for the testator, executor, and any beneficiaries mentioned; if needed, add the applicable “a/k/a,” “n/k/a,” or “f/k/a” designation.
Court's wording
In all pleadings, always begin with the exact names as they appear in the will. In your pleadings begin with the exact name of the testator, executor, and any beneficiaries mentioned in the pleadings. Then, if needed, put “a/k/a,” “n/k/a,” or “f/k/a” depending on the circumstances, followed by the additional or corrected
In your Proof of Death and Other Facts, prove that the testator was domiciled in the alleged jurisdiction at the time the will was executed.
Before pleading that the will names someone to serve as independent executor, be sure it does.
The Court requires the use of “executor” or “administrator” rather than “executrix” or “administratrix.”
The statute must indicate on its face that it is from the jurisdiction; in other words, it is not sufficient to simply type the text of the statute into a document. It would be sufficient to print the statute from Westlaw, Lexis, or another legal database or to photocopy a printed statute that includes reference to the jurisdiction.
If the testator misspelled a name, then all other documents must carry that mistake with an “a/k/a” to correct the typo that the testator missed.
To establish that an out-of-state or foreign will is self-proved, the application or a separate motion must identify the testator’s domicile jurisdiction, request judicial notice of its law with a statutory citation, allege self-proof under that law, and attach the relevant statute as an exhibit.
Court's wording
To establish that a will was self-proved according to the laws of the state or foreign country of the testator’s domicile at the time of execution you must, in your application or in a separate motion: a. state the jurisdiction where the testator was domiciled at the time the will was executed, b. ask the Court to take judicial notice of the laws regarding self- proof of that jurisdiction (with a statutory citation), c. allege that the will is self-proved according to that law, and d. attach as an exhibit a copy of the statute regarding self-proof for that jurisdiction.
If the will does not make your executor independent and you’re requesting independent administration, collect the appropriate sworn consents and indicate the statutory basis of your request in your application, proof, and order.
In the Proof, do not have the witness state that the will was self-proved or request judicial notice of the foreign jurisdiction’s self-proof laws.
Court's wording
(As with all Proofs, do not have the witness state that the will was self-proved; the Court will make that determination. Also do not request in the Proof that the Court take judicial notice of the laws regarding self-proof of foreign jurisdiction.)
Before pleading that the will names an executor to serve without bond, be sure it does.
In the event the will names beneficiaries by a class such as “children” without naming the children anywhere in the will and an independent administration under TEC Ch. 401 is sought, it will be necessary to have two disinterested witnesses testify at the hearing about who the children are for purposes of ensuring that all requisite consents have been obtained.
When you are requesting independent administration under § 401.002 or 401.003, the Court requires that you combine the will probate with an heirship proceeding to determine who receives the property that does not pass under the will and to determine the heirs who will need to join the beneficiaries in the request(s).
If there is a partial intestacy in the will, mention the intestacy in your pleadings.
Filing & Service rules
Electronic Filing Rules
When an attorney ad litem is needed, the applicant must e-file the Court’s appointment order.
The applicant shall, immediately upon filing the application to probate the will, initiate the appointment of the attorney ad litem by e-filing the Court' s order appointing attorney ad litem (found on the Court' s website). Applicant shall not select the attorney ad litem. The Court will select the attorney ad litem after Applicant e-files the order.
Civil cases
Page 2 | Administrative Order Regarding Applications to Probate a Will More Than Four Years After the Testator's Death
Immediately after filing the probate application, the applicant must initiate appointment of the attorney ad litem by electronically filing the Court’s appointment order.
The applicant shall, immediately upon filing the application to probate the will, initiate the appointment of the attorney ad litem by e-filing the Court' s order appointing attorney ad litem (found on the Court' s website).
Civil cases
Page 2 | Order ¶ 2
Hearings must be set by e-filing the applicable Court website request form with the county clerk.
Cases shall be set for hearing by completing and filing (e- filing) with the county clerk the appropriate hearing or setting request form found on the Court’s website (Civil Case Setting Request and Order Setting Hearing, Probate Setting Request and Order Setting Hearing, Guardianship Setting Request and Order Setting Hearing, and Criminal Case Setting Request and Order Setting Hearing).
Page 7 | 8. REQUEST FOR SETTINGS
Requests for hearings or settings must be made by e-filing the appropriate request form with the county clerk.
All requests for hearings or settings shall be made by filing (e-filing) the appropriate request for hearing or setting form (as set out in 8.5 and 8.6 below) with the county clerk.
Page 7 | 8. REQUEST FOR SETTINGS
Noncriminal cases must be set for trial by e-filing the Court’s Trial Setting Request and Order Setting Trial with the county clerk.
Cases (other than criminal cases) shall be set for trial by completing and filing (e-filing) with the county clerk the Court’s Trial Setting Request and Order Setting Trial.
Page 7 | 8. REQUEST FOR SETTINGS
Criminal cases may be set for trial by e-filing the Court’s Criminal Case Setting Request and Order Setting Hearing with the county clerk.
Criminal cases may be set for trial by completing and filing (e-filing) with the county clerk the Court’s Criminal Case Setting Request and Order Setting Hearing.
Page 7 | 8. REQUEST FOR SETTINGS
Filing Timing and Cure Windows
The applicant must initiate appointment of the attorney ad litem immediately upon filing the probate application.
The applicant shall, immediately upon filing the application to probate the will, initiate the appointment of the attorney ad litem by e-filing the Court' s order appointing attorney ad litem (found on the Court' s website). Applicant shall not select the attorney ad litem. The Court will select the attorney ad litem after Applicant e-files the order.
Civil cases
Page 2 | Administrative Order Regarding Applications to Probate a Will More Than Four Years After the Testator's Death
The attached citation indicates the date by which an objector should file a written objection.
The Clerk's citation, which is attached to this notice, indicates the date by which you should file a written objection.
Civil cases
Page 3 | Notice of Application to Probate a Will More Than Four Years After the Decedent's Death
The applicant must e-file the appointment order immediately upon filing the probate application.
The applicant shall, immediately upon filing the application to probate the will, initiate the appointment of the attorney ad litem by e-filing the Court' s order appointing attorney ad litem (found on the Court' s website).
Civil cases
Page 2 | Order ¶ 2
An application or case must be filed with the appropriate clerk before it is presented to the judge, unless filing first is impossible; in that event, it must be filed as soon as possible afterward.
No application for action or relief of any kind shall be presented to the judge before the application or case has been filed with the appropriate clerk, unless it is impossible to do so. If it is impossible to file an application or case before it is presented to the judge, then it shall be filed as soon thereafter as possible and the clerk notified of all actions taken by the judge.
Page 6 | 6.1 Emergency filings
A party objecting to a trial setting must inform the court and all parties in writing within seven days after service of the trial notice and obtain a hearing on the objection.
Within seven (7) days of service of a notice of trial, any party having an objection to the setting shall inform the court and all parties of the objection in writing and obtain a hearing on the objection.
Page 7 | 8. REQUEST FOR SETTINGS
Responses must be filed at least three days before the hearing or submission date.
Responses shall be filed at least three (3) days before the hearing/submission date.
Page 8 | 9. MOTION PRACTICE
A party has ten days after receiving notice of an automatic mediation referral to object by motion; failing to do so waives the objection, and the court may excuse the referral if it finds a reasonable basis.
Any party receiving notice of a setting that automatically refers the case to mediation has ten (10) days from the receipt of said notice to file a motion objecting to the automatic referral. Failure to file such motion waives the objection to the referral. If any party files a motion objecti0ng to the automatic referral to mediation and the court finds that there is a reasonable basis for the objection, the case may be excused from the automatic referral.
Page 10 | 11.2 Objection to automatic referral
Counsel for a party filing for bankruptcy must provide written notice within three days of the filing.
Whenever a party in this court files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party’s counsel to, within three (3) days of any bankruptcy filing, provide written notice to the court and all counsel that a bankruptcy has occurred, stating the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing and the name and address of counsel for the bankrupt party, as well as the name and address for the trustee.
Page 12 | 14. SUSPENSE DOCKET
When a bankruptcy concludes, counsel must notify the court and all counsel within three days.
Once a bankruptcy has been concluded, whether by discharge, denial of discharge or otherwise, counsel shall within three (3) days notify the court and all counsel.
Page 12 | 14. SUSPENSE DOCKET
Objections to the listed materials or cross-line page-and-line designations must be filed five days before the pretrial conference.
Any objections to the items in 16.2 above and/or cross-line page and line designations shall be filed five (5) days before the pretrial conference.
Page 13 | 16.3 Objections to documents and things
The proposed order must be submitted within seven days of the Court’s ruling on a contested matter.
Within seven (7) days of the Court’s ruling on contested matters the prevailing party shall submit a proposed order to the opposing party and the Court.
Page 13 | 17.1 Reduction to writing in contested matters
An opposing party objecting to a proposed order must file written objections with the Court and obtain a hearing within seven days of receiving the proposed order.
If opposing party objects to entry of the proposed order, opposing party shall, within seven (7) days of receipt of the proposed order, file written objections with the court and obtain a hearing on the objections to the entry of the proposed order.
Page 14 | 17.1 Reduction to writing in contested matters
All pretrial motions must be filed at least seven days before the pretrial setting; a late preliminary matter may not be raised or filed unless the court permits it for good cause.
5.1 Pretrial motions. All pretrial motions, including pleadings of the defendant, special pleas, exceptions to the form or substance of the information, motions to suppress, motions for change of venue, discovery motions, entrapment motions and motions to appoint an interpreter, must be filed at least seven (7) days prior to the pretrial setting. If any such preliminary matter is not raised or filed seven days before the pretrial setting it will not thereafter be allowed to be raised or filed, except by permission of the court for good cause shown.
Page 18 | 5.1 Pretrial motions
A motion for continuance for trial must be filed no later than docket call.
Motions for continuance for trial must be filed at or before docket call.
Page 19 | 6. CONTINUANCES
After electronically filing an application to probate an original will, the original must be filed with the clerk within three business days and be on file at least ten days before any hearing.
When a party electronically files an application to probate a document as an original will, the original will must be filed with the clerk within three (3) business days after the application is filed and be on file at least ten (10) days prior to any hearing.
Page 20 | C. PROBATE — 3. FILING OF ORIGINAL WILL
If administration is needed before heirship can be completed, the will may be probated first, but the heirship proceeding must be filed before administration is granted and completed within 60 days after letters are granted.
The will can be probated first if there’s a need for administration before the heirship can be completed, but in that case the Court requires that the heirship proceeding be filed before the administration is granted and completed within 60 days of the date letters are granted.
Page 22 | 4.7 Is there a partial intestacy?
The application with the declaratory judgment must be posted for twenty days before the Court can act on it.
One requirement is that the application with the declaratory judgment must be posted for twenty (20) days before the Court can act upon it.
Page 24 | 4.11
The sworn resident-agent appointment must be filed before the hearing.
The sworn appointment must be filed before the hearing because no one can testify that the executor or administrator is qualified until the appointment is on file.
Page 26 | 9. APPOINTMENT OF RESIDENT AGENT
Required documents must be filed by 10:00 a.m. seven days before the hearing; if they are not filed, the Court may cancel the hearing without notice.
All required documents must be filed no later than 10:00 a.m. seven (7) days prior to the hearing. If the required documents are not filed, the court may cancel the hearing without notice.
Page 27 | 12. UNCONTESTED HEARING FOR THE PROBATE OF A WILL
The sworn appointment of resident agent must be filed before the hearing.
The sworn appointment must be filed before the hearing because no one can testify that the executor or administrator is qualified until the appointment is on file.
Page 32 | 6.1 Non-Texan disqualified to serve as executor or administrator
A non-Texas guardian must appoint a resident agent and file the sworn appointment with the Court before the hearing to qualify to serve.
Under TEC § 1104.357, a non-Texas guardian is disqualified to serve until the guardian has appointed a resident agent to accept service of process and the appointment has been filed with the Court. The sworn appointment must be filed before the hearing because no one can testify that the guardian is qualified until the appointment is on file.
Page 37 | III. GUARDIANSHIPS — 3. APPOINTMENT OF RESIDENT AGENT
At the hearing, and not before, the Court shall be presented with the following required documents
At the hearing, and not before, the Court shall be presented with the following required documents
Page 39 | 6.4 Submission of required documents at the hearing
Applications or requests for court-ordered mental health services must be presented to the Court before 2:30 p.m.
All applications/request for court ordered mental health services must be presented to the Court before 2:30 p.m. to enable the Court and the county clerk sufficient time to review and process the application/request.
Page 40 | 2.1 Deadline to present to court
The applicant must file the affidavit with the court at least 10 days before prove-up, trial, or other final disposition.
The applicant shall file with the court the affidavit containing contact information of certain persons pursuant to § 1101 .003 at east l Odays prior to prove-up, trial or other final disposition.
Civil cases
Page 1 | Administrative Order Regarding Estates Code §1101.003 Affidavit Containing Contact Information of Certain Persons
Attorneys seeking to remain on approved court-appointed lists must renew their applications every third year before their birth date.
Once approved for placement on list(s), attorneys wishing to remain on the approved lists) of court appointed attorneys shall renew their application every third year prior to their birth date.
Criminal cases
Page 7 | 2.1 Application
Attorneys using the CLE-compliance letter option must furnish it to the DDCO and DCCLO before their birthday.
Attorneys who are not required to report CLE hours to the State Bar of Texas may comply with this requirement by furnishing a letter indicating the number of hours completed in the area of criminal law, the date(s) of the course(s) taken and the location and name of the course(s) to the DDCO and DCCLO prior to their birthday.
Criminal cases
Page 8 | 2.3.1 Misdemeanor Criminal Cases
Appointed attorneys must submit the required annual documentation no later than their birthday each year.
Any attorney placed on an appointment list to represent indigent defendants shall file a certificate with DDCO & DCCLO office no later than their birthday each year evidencing completion of required Continuing Legal Education (CLE) or submit documentation showing that the attorney is certified as a specialist in criminal law for that calendar year.
Criminal cases
Page 9 | 2.3.8 Continuing Legal Education Hours
The annual attorney case report is due by October 15 and covers the preceding October 1 through September 30 period.
An attorney shall submit by October 15th each year a statement that describes the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in this county for adult criminal cases and juvenile delinquency cases for the prior 12 months that begins on October 1 and ends on September 30.
Criminal cases
Page 11 | 2.5.5 Mandatory Attorney Case Reporting
The required four annual family-law/ad-litem CLE hours must be reported each year on or before October 1.
Complete all required CLE credits annually, with at least four (4) hours in family law/ad litem law. No self-study hours may be used to satisfy the four (4) hour requirement. The four (4) hours are required to be reported each year on or before October 1.
Criminal cases
Page 22 | CPS
Should any change in this information occur, I will file an Amended Application with Hunt County within thirty (30) days of the change.
Should any change in this information occur, I will file an Amended Application with Hunt County within thirty (30) days of the change.
Criminal cases
Page 25 | Minimum Attorney Qualifications
After judicial approval of the fee amount, payment fee vouchers must be filed with the Hunt County Auditor by the next business day.
After judicial approval of the fee amount, all Payment Fee Vouchers shall be filed with the Hunt County Auditor on or before the next business day.
Criminal cases
Page 26 | Minimum Attorney Qualifications
If the offering party is not present in court, physical evidence that cannot be digitized must be tendered to the court no later than seven days after the remote proceeding.
3. Physical evidence which cannot be rendered in digital form shall be tendered to the court no later than 7 days after the remote proceeding if the party offering the evidence is not present in the court when it is offered.
Criminal cases
Page 2 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding
After the Court approves and orders payment, the voucher must be filed with the Hunt County Auditor by the next business day.
• After the Court APPROVES ond ORDERS payment by the Auditor, this Voucher shall be filed with the Hunt County Auditor on or before the next business day. /
Criminal cases
Page 14 | Court Appointed Attorney Fee Voucher
A payment request submitted six months or more after the last reasonable and necessary action may be denied by the Court.
X. Any payment request submitted 6 months or more from the date of the last reasonable and necessary action on the case is subject to being denied by the Court.
Page 2 | X
The Clerk's citation, which is attached to this notice, indicates the date by which you should file a written objection.
The Clerk's citation, which is attached to this notice, indicates the date by which you should file a written objection.
Civil cases
Page 3 | NOTICE OF APPLICATION TO PROBATE COPY OF LOST WILL OR CODICIL OR LOST WILL OR CODICIL WITHOUT A COPY
A payment request submitted six months or more after the last reasonable and necessary action may be denied.
Any payment request submitted 6 months or more from the date of the last reasonable and necessary action on the case is subject to being denied by the Court.
Page 2 | X. Payment Requests and Submission Deadline
A payment request submitted six months or more after the last reasonable and necessary action on the case may be denied.
Any payment request submitted 6 months or more from the date of the last reasonable and necessary action on the case is subject to being denied by the Court.
Criminal cases
Page 28 | X.
An attorney may appeal a disapproved payment request, or one not acted on by its 60th day, by filing a motion with the presiding judge of the administrative judicial region.
An attorney whose request for payment is disapproved or is not otherwise acted on by the 60 th day after the date the request for payment is submitted may appeal the disapproval or failure to act by filing a motion with the presidingjudge of this administrative judicial region.
Criminal cases
Page 8 | Fee and Expense Payment Process for Juveniles
A payment request submitted six months or more after the last reasonable and necessary action on the case may be denied.
Any payment request submitted 6 months or more from the date of the last reasonable and necessary action on the case is subject to bei~g denied by the Court.
Criminal cases
Page 12 | Standing Order for Compensation (Attorney Fee Schedule)
Service and Proof of Service Rules
For a post-appointment request for dual compensation, notice of the motion and hearing must be given to interested parties who have appeared.
If the request is after the time of appointment, notice of the motion and hearing shall be giv en to all interested parties who hav e made an appearance in the case.
Civil cases
Page 3 | C. Fees when an Attorney is also the Fiduciary
Before probate, the specified notice must be served or affidavits waiving notice must be delivered to the Court.
When an applicant seeks to probate a will more than four years after the testator' s death, Texas Estates Code §§ 258.051 & 258 .053 require that specified notice by service of process must be given or affidavits waiving notice must be delivered to the Court before the probate of testator' s will:
Civil cases
Page 1 | Administrative Order Regarding Applications to Probate a Will More Than Four Years After the Testator's Death
Immediately after receiving the appointment order, the applicant must provide the attorney ad litem copies of the order, probate application, and will.
The applicant shall immediately, upon receipt of the Court' s order appointing the attorney ad litem, provide the attorney ad litem with a copy of the order appointing the attorney ad litem, the application to probate the will, and a copy of the will sought to be probated.
Civil cases
Page 2 | Administrative Order Regarding Applications to Probate a Will More Than Four Years After the Testator's Death
Heirs—or beneficiaries of a previously probated will instead—must be personally served with citation or deliver an affidavit waiving citation and stating that they do not object to probate of the offered will.
All persons who would inherit as an heir of the testator if the will is not admitted to probate must either (1) be personally served with citation or (2) deliver to the Court an affidavit waiving citation and indicating that the heir does not object to the offer of the testator's will for probate. If another will of the testator has previously been admitted to probate, all beneficiaries of the testator's probated will - instead of the testator' s heirs - must be personally served with citation or must deliver to the Court an affidavit waiving citation and indicating that the beneficiary does not object to the offer of the testator' s will for probate.
Civil cases
Page 2 | Administrative Order Regarding Applications to Probate a Will More Than Four Years After the Testator's Death
When a will cannot be produced, the Clerk must issue citation to all parties interested in the estate.
Texas Estates Code § 258.002 requires that when a will cannot be produced in Court, the Clerk shall issue citation to all parties interested in the estate, which citation shall contain substantially the statements made in the application for probate as well as the time when, place where, and the court before which such application will be acted upon.
Civil cases
Page 1 | Findings ¶ 2
Persons who would inherit if the lost will were not admitted to probate must be personally served or waive citation by affidavit; if the lost will is a codicil, this applies instead to beneficiaries of the original will.
All persons who would inherit as an heir of the testator if the lost will is not admitted to probate must be personally served with citation under § 258.002 or must execute an affidavit waiving citation. If the lost will is a codicil to an original will, the beneficiaries of the testator's original will - instead of the testator's heirs - must be personally served with citation under § 258.002 or must execute an affidavit waiving citation.
Civil cases
Page 2 | Order ¶ 5
Each person named as a devisee in the lost will must be personally served with citation or execute an affidavit waiving citation.
All persons who are named as devisees in the lost will must be personally served with citation under§ 258.002 or must execute an affidavit waiving citation.
Civil cases
Page 2 | Order ¶ 4
Immediately upon receiving the appointment order, the applicant must provide the attorney ad litem with the order, the probate application, and the will if applicable.
The applicant shall immediately, upon receipt of the Court's order appointing the attorney ad litem, provide the attorney ad litem with a copy of the order appointing the attorney ad litem, the application to probate the will, and a copy of the will sought to be probated (if applicable).
Civil cases
Page 2 | Order ¶ 2
Signing the affidavit enters the signer's appearance, waives issuance and service of process, and permits the case to proceed without further notice to the signer.
By signing this affidavit waiving citation, I enter my appearance in this case for all purposes, and I waive the issuance and service of process. I agree that the case may be considered by the Court without further notice to me.
Civil cases
Page 4 | SAMPLE AFFIDAVIT
At least two hours before presenting an application for a temporary restraining order or other ex parte relief, counsel must notify opposing counsel or the unrepresented opposing party and provide them copies of the application and proposed order.
Counsel presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing party’s counsel, or the opposing party if unrepresented by counsel in the present controversy, and provide opposing counsel or party with a copy of the application and proposed order at least two (2) hours before the application and proposed order are to be presented to the Court for decision.
Page 6 | 6.2 Notice
The party setting a hearing must immediately give the opposing party written notice stating the date, time, and subject matter.
It shall be the responsibility of the party setting a hearing, and not the responsibility of the court coordinator, to immediately give written notice to the opposing party of such setting, including date, time and subject matter.
Page 7 | 8. REQUEST FOR SETTINGS
Within seven (7) days of service of a notice of trial, any party having an objection to the setting shall inform the court and all parties of the objection in writing and obtain a hearing on the objection.
Within seven (7) days of service of a notice of trial, any party having an objection to the setting shall inform the court and all parties of the objection in writing and obtain a hearing on the objection.
Page 7 | 8. REQUEST FOR SETTINGS
A party opposing submission must notify all parties and the court in writing at least three days before the submission date.
A party that opposes submission, must notify, in writing, all parties and the court of its opposition to submission at least three (3) days before the submission date.
Page 8 | 8. REQUEST FOR SETTINGS
A matter set for submission must be noticed to all parties at least seven days in advance.
Matters set for submission must provide at least seven (7) days’ notice to all parties.
Page 8 | 8. REQUEST FOR SETTINGS
Counsel for a party filing for bankruptcy must provide written notice to the court and all counsel.
Whenever a party in this court files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party’s counsel to, within three (3) days of any bankruptcy filing, provide written notice to the court and all counsel that a bankruptcy has occurred, stating the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing and the name and address of counsel for the bankrupt party, as well as the name and address for the trustee.
Page 12 | 14. SUSPENSE DOCKET
When a bankruptcy concludes, counsel must notify the court and all counsel.
Once a bankruptcy has been concluded, whether by discharge, denial of discharge or otherwise, counsel shall within three (3) days notify the court and all counsel.
Page 12 | 14. SUSPENSE DOCKET
Unless otherwise ordered, the parties must serve or exchange the listed pretrial materials at least ten days before the pretrial conference.
Unless otherwise specifically ordered, at least ten (10) days prior to the pretrial conference, the parties shall serve or exchange the following: (1) exhibit lists (parties are required to make their exhibits available for inspection on the date of the pretrial conference or on a date prior with reasonable notice and request); (2) witness lists; (3) deposition excerpts by page and line; (4) motions in limine; and (5) proposed jury charge.
Page 13 | 16.2 Exchange of documents and things
Objections must be timely filed and served to be addressed at the pretrial conference.
Any objections that have been timely filed and served in compliance with these rules will be addressed at the pretrial conference.
Page 13 | 16.3 Objections to documents and things
The prevailing party must send the proposed order to the opposing party as well as submit it to the Court.
Within seven (7) days of the Court’s ruling on contested matters the prevailing party shall submit a proposed order to the opposing party and the Court.
Page 13 | 17.1 Reduction to writing in contested matters
When the applicant is not the first and sole named executor, executors who are co-executors or have priority over the applicant may be personally served as an alternative to obtaining written declinations or showing proof of death.
When the Applicant to probate the will as a muniment of title isn’t named as the first and sole named executor of the will you must obtain written declinations to serve by all executors named in the will who are named co-executors or who have priority over the applicant, or have them personally served or show proof that they are deceased.
Page 23 | 4.9
Citation must be directed to all interested parties, including both potential heirs and named devisees in a lost-will proceeding, with the specified posting and personal-service-or-waiver procedure.
7.6 Special form of posting, plus either personal service or waivers of service. TEC § 258.002 requires citation to all parties interested in the estate, which for lost wills includes both heirs who would take if the lost will is not probated and devisees named in the will.
Page 27 | 7.6 Special form of posting, plus either personal service or waivers of service
Use the special form of posting and either personally serve the specified heirs or obtain their affidavits; if another will has already been admitted, serve or obtain affidavits from all beneficiaries of that will.
8.5 Special form of posting plus either personal service or affidavit waiving citation and waiving objection. TEC § 258.051 requires personal service upon all of the decedent’s heirs who are not applicants or affidavits from such individuals (or, if another will of decedent has previously been admitted to probate, service on or affidavits from all beneficiaries of that will).
Page 28 | 8.5 Special form of posting plus either personal service or affidavit waiving citation and waiving objection
Under TEC § 304.003, a non-Texas executor or administrator is disqualified to serve until the executor or administrator has appointed a resident agent to accept service of process and the appointment has been filed with the Court.
Under TEC § 304.003, a non-Texas executor or administrator is disqualified to serve until the executor or administrator has appointed a resident agent to accept service of process and the appointment has been filed with the Court.
Page 32 | 6. APPOINTMENT OF RESIDENT AGENT
If the suspension basis is listed in Transportation Code Section 521.243, the applicant must notify the attorney representing the State of the request for a hearing by submission and the hearing date.
If the basis for the suspension is listed in Section 521.243 of the Transportation Code, Applicant must notice the attorney representing the State of the request for hearing by submission and the hearing date.
Civil cases
Page 1 | OCCUPATIONAL DRIVER’S LICENSE HEARING BY SUBMISSION
A pro se litigant's failure to accept or collect mail sent to the provided mailing or email address counts as constructive receipt, which may be established by specified proof of delivery.
Failure to accept or to pick up mail sent to the mailing address or email address provided by a pro se litigant will be considered constructive receipt of the mailed or delivered document and may be established by a postal service receipt for certified or registered mail or comparable proof of delivery.
Page 5 | 2.2 Notice
The notice requirement for an application for temporary restraining order or other ex parte relief does not apply if a verified party certificate or counsel certificate is filed with the application stating either specified basis.
Compliance with notice is not required if a verified certificate of a party or a certificate of counsel is filed with the application stating: a. That irreparable harm is likely imminent and there is insufficient time to notify the opposing party or counsel; or b. That to notify the opposing party or counsel would impair or annul the Court’s power to grant relief because the subject matter of the application could be compromised or property removed, secreted or destroyed, if notice were given.
Page 6 | 6.3 Exception to notice
The court must promptly send dismissal-intent notice to each attorney of record and each pro se party whose address appears in the clerk’s file.
When a case has been placed on the dismissal docket, the court shall promptly send notice of the court's intention to dismiss for want of prosecution to each attorney of record and pro se party whose address is shown in the clerk's file.
Page 12 | 15. DISMISSAL DOCKET
Digital copies of physical evidence should be emailed to counsel for the parties before the hearing when practicable.
and to counsel for the parties before the hearing if practicable.
Criminal cases
Page 2 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding
IT IS ORDERED that the Clerk of the Court to which this assignment is made, if it is reasonable and practicable, and if time pennits, give notice of this assignment to each attorney representing a party, and to each party representing himself or herself pro se, to a case that is to be heard in whole or in part by the assigned judge.
IT IS ORDERED that the Clerk of the Court to which this assignment is made, if it is reasonable and practicable, and if time pennits, give notice of this assignment to each attorney representing a party, and to each party representing himself or herself pro se, to a case that is to be heard in whole or in part by the assigned judge.
Page 1 | Conditions of Assignment, If Any
Filing Fees and Waivers
For the listed applications or motions filed on or after April 1, 2024, the Clerk must collect a $550 Attorney Ad Litem retainer deposit unless an affidavit of indigency has been filed; the administrative fee is waived.
IT IS THEREFORE ORDERED and DECREED that effective APRIL 1, 2024, unless an affidavit of indigency has been filed, in any and all applications or motions listed above filed thereafter, the Clerk of the Court shall collect an Attorney Ad Litem Retainer Deposit in the amount of $550, with administrative fee waived.
Civil cases
Page 1 | ADMINISTRATIVE ORDER REGARDING SECURITY FOR ATTORNEY AD LITEM COSTS
For the listed applications or motions filed on or after April 1, 2024, the clerk must collect a $550 attorney ad litem retainer deposit unless an affidavit of indigency has been filed; the administrative fee is waived.
IT IS THEREFORE ORDERED and DECREED that effective APRIL 1, 2024, unless an affidavit of indigency has been filed, in any and all applications or motions listed above filed thereafter, the Clerk of the Court shall collect an Attorney Ad Litem Retainer Deposit in the amount of $550, with administrative fee waived.
Civil cases
Page 1 | ADMINISTRATIVE ORDER REGARDING SECURITY FOR ATTORNEY AD LITEM COSTS
If the Court orders fees exceeding $550, its order must state how the additional fee will be paid.
If the Court orders payment of more than $550, the order will indicate how the additional fee will be paid.
Civil cases
Page 1 | ADMINISTRATIVE ORDER REGARDING SECURITY FOR ATTORNEY AD LITEM COSTS
The Clerk must hold the retainer deposit for payment of Attorney Ad Litem fees when a proper order directs that the fees be taxed as costs.
The Attorney Ad Litem Retainer Deposit shall be held by the Clerk of the Court for the payment of the fees of the Attorney Ad Litem upon a proper order directing the taxing of the same as costs in the proceeding.
Civil cases
Page 1 | ADMINISTRATIVE ORDER REGARDING SECURITY FOR ATTORNEY AD LITEM COSTS
Upon court order, the Clerk must release the Attorney Ad Litem retainer deposit in accordance with the Court's order.
Upon order of this Court, tbe Clerk of the Court shall release the Attorney Ad Litem Retainer deP. · , inus any interest accumulated, as outlined in the Court' s order.
Civil cases
Page 1 | ADMINISTRATIVE ORDER REGARDING SECURITY FOR ATTORNEY AD LITEM COSTS
The deposit pays court-ordered Attorney Ad Litem fees, and any amount exceeding a fee award below $550 must be refunded to the applicant.
IT IS FURTHER ORDERED and DECREED that the Attorney Ad Litem Deposit will be used as payment of the Court ordered Attorney Ad Litem fees. If the Court orders less than the $550, the excess will be refunded to the applicant.
Civil cases
Page 1 | ADMINISTRATIVE ORDER REGARDING SECURITY FOR ATTORNEY AD LITEM COSTS
Accumulated interest is returned to the applicant or, at the applicant's request, deposited into the Hunt County General Fund.
Any interest accumulated from the ad Ii de sil will be returned to the applicant or upon request of the applicant, deposited into the Hunt ener Fund.
Civil cases
Page 1 | ADMINISTRATIVE ORDER REGARDING SECURITY FOR ATTORNEY AD LITEM COSTS
The attorney ad litem deposit must be applied to court-ordered attorney ad litem fees.
IT IS FURTHER ORDERED and DECREED that the Attorney Ad Litem Deposit will be used as payment of the Court ordered Attorney Ad Litem fees.
Civil cases
Page 1 | ADMINISTRATIVE ORDER REGARDING SECURITY FOR ATTORNEY AD LITEM COSTS
The clerk must hold the retainer deposit for attorney ad litem fees until a proper order directs that the fees be taxed as costs in the proceeding.
The Attorney Ad Litem Retainer Deposit shall be held by the Clerk of the Court for the payment of the fees of the Attorney Ad Litem upon a proper order directing the taxing of the same as costs in the proceeding.
Civil cases
Page 1 | ADMINISTRATIVE ORDER REGARDING SECURITY FOR ATTORNEY AD LITEM COSTS
Any portion of the $550 deposit exceeding the court-ordered fee must be refunded to the applicant.
If the Court orders less than the $550, the excess will be refunded to the applicant.
Civil cases
Page 1 | ADMINISTRATIVE ORDER REGARDING SECURITY FOR ATTORNEY AD LITEM COSTS
If the court orders fees exceeding $550, its order will specify how the additional fee will be paid.
If the Court orders payment of more than $550, the order will indicate how the additional fee will be paid.
Civil cases
Page 1 | ADMINISTRATIVE ORDER REGARDING SECURITY FOR ATTORNEY AD LITEM COSTS
The clerk must release the attorney ad litem retainer upon order of the court.
Upon order of this Court, the Clerk of the Court shall release the Attorney Ad Litem Retainer
Civil cases
Page 1 | ADMINISTRATIVE ORDER REGARDING SECURITY FOR ATTORNEY AD LITEM COSTS
Accumulated interest is to be returned to the applicant or, at the applicant’s request, deposited into the named fund.
Any interest accumulated from the ad lit de sit will be returned to the applicant or upon request of the applicant, deposited into the Hunt ener Fund.
Civil cases
Page 1 | ADMINISTRATIVE ORDER REGARDING SECURITY FOR ATTORNEY AD LITEM COSTS
Sealing & Redaction Procedures
Contact Information Affidavits submitted in guardianship cases must be sealed.
Contact Information Affidavits submitted in guardianships as required by the Texas Estates Code Section 1101.003 BE SEALED.
Civil cases
Page 1 | SEALING CONTACT INFORMATION AFFIDAVITS
The Hunt County Clerk’s Office must seal the affidavit and may not release or disclose it or its contents to the public.
The Hunt County Clerk's Office shall seal the affidavit and not release or otherwise disclose the affidavit, or th · fo ation contained therein to the public.
Civil cases
Page 1 | Administrative Order Regarding Estates Code §1101.003 Affidavit Containing Contact Information of Certain Persons
The affidavit is privileged and confidential and may not be released or disclosed to the public.
An affidavit filed under this section is privileged and confidential. The affidavit may not be released or otherwise disclosed to the public. (Emphasis added)
Civil cases
Page 1 | Administrative Order Regarding Estates Code §1101.003 Affidavit Containing Contact Information of Certain Persons
If the court denies an expense request in whole or in part, the denial must be attached to the confidential request, and both must be submitted as a sealed exhibit to the record.
If the court denies in whole or in part the request for expenses, the court shall: 1) añach the deniai to the confidential request; and 2) suomit the request and denial as a sealed exhibit to the record.
Criminal cases
Page 14 | Procedure With Prior Court Approval
If an expense request is denied in whole or in part, the request and denial must be submitted as a sealed exhibit to the record.
c. Submit the request and denial as a sealed exhibit to the record.
Criminal cases
Page 9
The Court prefers a copy of the priority executor’s Death Verification with sensitive information redacted.
The Court prefers a copy of the Death Verification for the executor with priority, with sensitive information redacted.
Page 23 | 4.8
Filing Bundling Requirements
The required application checklist items should be submitted together.
Your application will not be complete until you submit the following items to: (All items should be submitted together.)
Criminal cases
Page 24 | Required Attachments Checklist
The Court encourages lawyers to incorporate non-applicant distributees’ consents into waivers of service to reduce the number of documents executed and filed.
The Court encourages lawyers to incorporate the consents of non-applicant distributees into the waivers of service, thereby reducing the number of documents that must be executed and filed.
Page 32 | II. HEIRSHIPS, 3. APPLICATIONS
Pre-Motion Conference Requirements
A conference with opposing counsel is required before scheduling any court appearance, hearing, or trial.
All court appearances, hearings and trials may only be scheduled after conference with opposing counsel.
Page 7 | 8. REQUEST FOR SETTINGS
Before filing a motion, counsel must include a signed certificate of conference and personally attempt to confer with opposing counsel at least three times during regular business hours on at least two business days.
No counsel for a party shall file any motion unless accompanied with a “certificate of conference” signed by counsel for movant. Prior to the filing of a motion, counsel for the movant shall personally attempt to contact counsel for the respondent to hold or schedule a conference to resolve the disputed matter(s). Counsel for the movant shall make at least three (3) attempts to contact counsel for the respondent. The attempts shall be made during regular business hours on at least two (2) business days.
Page 9 | 9.9 Conference requirement
Failure to attempt to confer may be raised with the court without a motion for continuance and may result in resetting the appearance, hearing, or trial.
Failure to attempt to confer may be brought to the attention of the court without the necessity of a motion for continuance and may result in the court resetting the appearance, hearing or trial.
Page 7 | 8. REQUEST FOR SETTINGS
The conference requirement does not apply to the listed categories of motions.
Conference requirement does not pertain to dispositive motions, motions for summary judgment, motions for default judgment, motions for voluntary dismissal or nonsuit, post-verdict motions, and motions involving service of citation.
Page 10 | 9.11 Exceptions to conference requirement
Adjournment & Extension Requirements
A setting may be passed or reset only by a qualifying settlement agreement, a written agreement of all parties approved by the Court, or a Court-granted motion for continuance.
No setting shall be passed or reset except by: (1) settlement agreement announced in open court or in writing complying with Rule 11 of the Texas Rules of Civil Procedure; (2) written agreement of all parties with Court approval; or (3) a Motion for Continuance granted by the Court.
Page 8 | 8. REQUEST FOR SETTINGS
A trial setting, whether jury or non-jury, may not be passed by agreement of counsel.
All cases set for trial, whether jury or non-jury may not be passed by agreement of counsel.
Page 8 | 8. REQUEST FOR SETTINGS
A trial case may be reset only if the Court grants a motion for continuance, unless the Court removes it from the trial docket on its own motion.
Such cases may only be reset upon the granting by the Court of a Motion for Continuance, unless the Court removes such from the trial docket on its' own motion.
Page 8 | 8. REQUEST FOR SETTINGS
A “not ready” announcement must be accompanied by a motion for continuance.
Announcements of “not ready” shall be accompanied by a motion for continuance.
Page 13 | 16.4 Attendance mandatory
After docket call, only matters arising after the period specified in section 6.2 will be considered grounds for a trial continuance motion.
Only matters arising subsequent to the time period specified in 6.2 above will be considered as grounds for filing a motion for continuance for trial after docket call.
Page 19 | 6. CONTINUANCES
Motions for continuance by either the state or the defendant must comply with Chapter 29 of the Code of Criminal Procedure.
Motions for continuance, whether by the state or the defendant, must comply with the provisions of Chapter 29 of the Code of Criminal Procedure.
Page 19 | 6. CONTINUANCES
The court will not consider a motion for continuance on the scheduled trial date unless good cause is shown.
Except for good cause shown, the court shall not consider any motion for continuance on the scheduled trial date.
Page 19 | 6. CONTINUANCES
Counsel must obtain the judge’s prior approval before agreeing to pass a trial setting.
No trial setting shall be passed by agreement of counsel without prior approval by the judge.
Page 19 | 6. CONTINUANCES
A party should not announce that it is not ready at the pretrial hearing unless a motion for continuance has been filed.
A party should not announce “not ready” unless a motion for continuance has been filed.
Page 8 | 8. REQUEST FOR SETTINGS
An additional setting will be granted only on a specific request articulating a need; a vague statement that more time is needed is insufficient.
3.10 Additional setting. Additional settings will only be granted on a specific request based on specifically articulated need. An unspecified statement of more time needed is not sufficient.
Page 17 | 3.10 Additional setting
Chambers Communication Rules
Send the specified notice or report by email to the identified court coordinator for the County Court at Law Administrative Judge.
Please submit the above to the County Court at Law Administrative Judge, which is currently Judge Joel D. Littlefield, County Court at Law No. 2 via email to Amenda Henderson, the Court Coordinator at the following e 11 ad ess: ahenderson@huntcounty.net.
Criminal cases
Page 1 | Re: Code of Criminal Procedure 16.22 For Class A and B Misdemeanors
Attorneys who will be late because of a conflict with another court setting must notify the court coordinator and opposing counsel as soon as the conflict becomes apparent.
All attorneys having conflicts with other court settings who will be late for court settings, hearings or conferences shall notify the court coordinator and opposing counsel of said conflict as soon as it becomes apparent.
Page 5 | 4.2 Duty to notify court of conflicts
Attorneys must call the judge’s attention to all dual settings as soon as they learn of them.
It is the duty of the attorney to call the judge’s attention to all dual settings as soon as they are known.
Page 5 | 4.2 Duty to notify court of conflicts
When prior filing is impossible, the clerk must be notified of all actions the judge takes.
If it is impossible to file an application or case before it is presented to the judge, then it shall be filed as soon thereafter as possible and the clerk notified of all actions taken by the judge.
Page 6 | 6.1 Emergency filings
Each court must inform the Clerk how the Clerk is to notify the Court.
Each Court shall notify the Clerk of the manner in which notification shall be made by the Clerk to the Court.
Civil cases
Page 1 | ADMINISTRATIVE ORDER REGARDING CLERK'S DUTY TO NOTIFY COURT UPON FILING OF MOTION FOR SUMMARY JUDGMENT
Upon filing a motion for summary judgment, the clerk must notify the appropriate court coordinator.
Therefore, upon the filing of a motion for summary judgement, the clerk shall notify the appropriate court coordinator of the filing of the motion for summary judgment.
Civil cases
Page 1 | ADMINISTRATIVE ORDER REGARDING CLERK'S DUTY TO NOTIFY COURT UPON FILING OF MOTION FOR SUMMARY JUDGMENT
A hearing or setting may not be requested by telephone or email.
8.2 Request for hearing / setting by telephone or email is not permitted.
Page 7 | 8. REQUEST FOR SETTINGS
A policy waiver request must be submitted in writing to the presiding judge at least three days before the hearing or event.
Requests for waivers to this policy must be submitted in writing to the presiding judge of the appropriate court at least three days prior to the hearing or event for which a waiver is requested.
Page 1 | MEDIA, OBSERVER AND SPECTATOR POLICY
When physical evidence can be digitized, digital copies should be emailed to the listed court addresses and, if practicable, to counsel before the hearing.
2. When digital copies of physical evidence can be prepared, such as audio / video recordings, documents, or images, the digital copies should be emailed to the court(s) at: CCL 1 cathys@huntcounrv.net, cbench(ciJ,huntcounty.net CCL 2 ahenderson@,huntcounty. net, tvoung@huntcounty.net 196th jdeary@huntcounty.net, drobins(a)huntcounty. net 354 th amccasland@huntcountv. net, ssudderth@huntcounty. net and to counsel for the parties before the hearing if practicable.
Criminal cases
Page 2 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding
An attorney willing to serve as an attorney ad litem pro bono should notify each court.
If an attorney is willing to perform the duties of an attorney ad litem pro bono, he or she should notify each court of that willingness.
Civil cases
Page 2 | B. Attorney Ad Litem and Guardian Ad Litem Fees
You may contact the court coordinator by telephone to obtain possible court dates and times, but not to set a hearing or matter.
Although you may contact the court coordinator by telephone or email to get information on possible court dates and times, the court coordinator will not set any matter for hearing or setting by telephone or email.
Page 7 | 8. REQUEST FOR SETTINGS
Junior Lawyer Participation Incentives
New attorneys may request a second-chair appointment to help meet qualifications for further appointments under the plan.
New attorneys may request appointment as 2nd chair to meet qualifications for further appointment under this plan.
Criminal cases
Page 9 | 2.3.9 2nd Chair (Non-Capital)