Jack County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Inventory and appraisement

The petitioner’s marriage-dissolution inventory must be complete, sworn, and itemized, cover the specified property, and show each item’s value to the right of its description.

In all suits for dissolution of marriage, petitioner shall, not later than fifteen (15) days prior to trial, file a complete, sworn, itemized inventory and appraisement of all property belonging to the parties to the marriage, including separate property and community property as well as any property belonging to the children. The inventories shall be filed setting forth the list of property, with the values assigned to each such item of property shown to the right of the description of such property.

CRITICAL

Applies to

Child support income statement

All parties to an action involving child support shall file with the Court a written statement setting forth the accurate gross income of all adult parties to such proceeding for the preceding three

All parties to an action involving child support shall file with the Court a written statement setting forth the accurate gross income of all adult parties to such proceeding for the preceding three

CRITICAL

Applies to

Plea papers

Plea papers must be signed before the scheduled time so the plea can begin on time.

IN ALL CASES, PLEA PAPERS MUST BE SIGNED PRIOR TO THE TIME SCHEDULED SO THAT THE PLEA MAY BEGIN AT THE TIME SCHEDULED.

CRITICAL

Applies to

Motion to withdraw

An attorney may be permitted to withdraw as counsel of record upon motion stating whether the case is set for trial or other hearing.

An attorney may be permitted to withdraw as counsel of record upon motion stating whether the case is set for trial or other hearing.

CRITICAL

Applies to

Order of withdrawal

An order granting withdrawal must state the party’s current address for notice of future proceedings or explain why no current address can be provided.

All orders of withdrawal shall state the current address at which the party whose attorney seeks to withdraw may be notified of further court proceedings or explain why a current address cannot be given.

CRITICAL

Applies to

Motion to substitute counsel

A motion to substitute attorneys must state whether the case is set for trial or another hearing.

The motion shall state whether the case is set for trial or other hearing.

CRITICAL

Applies to

Motion to withdraw

In civil cases, an attorney of record may not withdraw without filing a motion and obtaining a court order granting leave.

In civil cases no attorney of record shall be permitted to withdraw from any case without presenting a motion and obtaining from the Court an Order granting leave to withdraw.

CRITICAL

Applies to

Motion to withdraw

A civil withdrawal motion must include the client’s written consent, another lawyer’s certificate of employment, or the specified mailed notice and letter to the client.

Such motion shall be accompanied by the client's written consent to such withdrawal or a certificate by another lawyer that he has been employed to represent the client in the case, or a copy of such motion shall be mailed to the client at his last known address, certified mail, return receipt requested, with a letter advising that the motion will be presented to the Court on the date set for hearing, and that any objection to such withdrawal should be made to the Court in writing before such time.

CRITICAL

Applies to

Judgment or order

Judgments and orders in uncontested matters, except cases settled on the trial date, must be presented at the hearing.

All judgments and/or orders in uncontested matters (excluding cases settled on the date of trial) must be presented at the time of hearing on such uncontested matters.

CRITICAL

Applies to

Uncontested divorce hearing

In uncontested divorce matters, the divorce decree and any required involuntary wage assignment order must be presented at the hearing.

In all uncontested divorce matters, the decree of divorce and any required involuntary wage assignment order must be presented to the Court at the time of hearing.

CRITICAL

Applies to

Objection to judgment

Must include

proposed order

An objection to a judgment must include a form of order setting a hearing on the objection.

Any objections to the judgment must include form of order setting a hearing on the objection.

CRITICAL

Applies to

Pleading

Each pleading must list the filing attorney’s information, including the filer’s email address.

All pleadings will be required to have the filing attorney's information listed on the document being filed, including the email address of the person filing same, as generally required by rule 21 of the Texas Rules of Civil Procedure.

CRITICAL

Applies to

Joint final pretrial order

The joint final pre-trial order must list each party’s witnesses by name and address, separate fact and expert witnesses, and need not list unanticipated rebuttal or rejoinder witnesses.

(NOTE: The witnesses of each party shall be listed by name and address and separated into categories of fact witnesses and expert witnesses. Unanticipated rebuttal and rejoinder witnesses need not be listed.)

CRITICAL

Applies to

Joint final pretrial order

Each party must provide a separate list of numbered exhibits in the joint final pre-trial order.

(NOTE: Each party shall set forth a separate list of numbered Exhibits.)

CRITICAL

Applies to

Joint final pretrial order

Counsel must certify that all deadlines in the Court’s Scheduling Orders have been met.

(1) All deadlines contained in the Court's Scheduling Orders have been complied with.

CRITICAL

Applies to

Joint final pretrial order

Counsel must certify that each listed exhibit exists, is numbered, and has been disclosed and shown to opposing counsel.

(2) Each exhibit in the List of Exhibits herein: (a) is in existence; (b) is numbered; and (c) has been disclosed and shown to opposing counsel.

CRITICAL

Applies to

Joint final pretrial order

Each attorney of record must personally sign and certify the pre-trial order; signing for another attorney by permission is not accepted.

(NOTE: Each attorney of record shall personally sign and certify to the pre-trial order. The signature of one attorney for another "by permission" will not be accepted by the court.)

CRITICAL

Applies to

Petition

The petitioner must attach the standing order to the original petition and every copy, and the clerk must ensure the attachment is made if the petitioner fails to do so when filing.

7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of this petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.

CRITICAL

Applies to

Petition

The Petitioner must attach a copy of the order to the original petition and every copy.

The Petitioner shall attach a copy of this order to the original petition and to each copy of this petition.

CRITICAL

Applies to

Petition

If the Petitioner has not attached the order, the Clerk must ensure it is attached to the petition and every copy presented when the petition is filed.

At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.

CRITICAL

Applies to

Confirmation letter

For non-jury setting requests, opposing counsel or pro se parties must be consulted beforehand, and a confirmation letter must be mailed to all parties and the Court with the specified trial estimate, unresolved-matters statement, and delivery certification.

Requests for non-jury settings shall be made through the respective Court Coordinators of each Court. Opposing counsel or pro se parties shall be consulted prior to the request. A confirmation letter shall be mailed to all parties and the Court and shall include: 1.51 An estimated time for trial for the entire case. Estimates of time felt by opposing counsel to be erroneous shall be called to the attention of opposing counsel and the Court Coordinator. Estimates for too much time cause as many problems as those for too little time. Be prepared to dispose of entire case within the estimate. 1.52 A statement of which, if any, discovery and other pretrial matters remain unresolved. 1.53 A certification that a copy of the request has been delivered to all counsel and pro se.

CRITICAL

Applies to

Privilege pleading and log

Documents sought to be excluded must be accompanied by a specific pleading stating the claimed privilege for each document with supporting authority, and a log must be furnished to the Court and all counsel.

Documents sought to be excluded shall be segregated and furnished to the Court in a sealed wrapper along with a specific pleading of claimed privilege as to each, with citation of authority. A log of same shall be furnished to the Court and all counsel.

CRITICAL

Applies to

Proposed jury questions and instructions

Submit proposed jury questions and requested instructions to the Court at the Final Pretrial Conference; late submissions may be refused.

Proposed jury questions and requested instructions SHALL be submitted to the Court at this conference and if not submitted will be considered untimely and may be refused.

CRITICAL

Applies to

Proposed order

Must include

proposed order

For an unopposed motion or special exception, the moving party must submit a proposed order signed by counsel for all parties to indicate approval.

If the motion or special exception will not be opposed, the moving party shall submit a proposed order signed by counsel for all parties indicating approval of same.

CRITICAL

Applies to

Motion or special exception

For an opposed motion or special exception, the motion or a letter must include the specified conference statement before a hearing will be set.

If the motion or special exception will be opposed, the moving party shall state in the motion or by letter: "A conference was held on (date) with (name), attorney for opposing party, on the merits of this motion, or special exception. Agreement could not be reached; therefore, it is presented to the Court for determination." No motion or special exception will be set for hearing unless it is accompanied by the foregoing statement.

CRITICAL

Applies to

Agreement

Unless the Rules of Civil Procedure provide otherwise, an agreement concerning a pending suit is enforceable only if it is written, signed, and filed as part of the record, or made in open court and entered of record.

UNLESS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE, NO AGREEMENT BETWEEN ATTORNEYS OR PARTIES TOUCHING ANY SUIT PENDING WILL BE ENFORCED UNLESS IT BE IN WRITING, SIGNED AND FILED WITH THE PAPERS AS PART OF THE RECORD, OR MADE IN OPEN COURT AND ENTERED OF RECORD.

CRITICAL

Applies to

Confirmation letter

The confirmation letter must state an estimated trial time for the entire case.

1.51 An estimated time for trial for the entire case.

CRITICAL

Applies to

Confirmation letter

The confirmation letter must state which discovery and other pretrial matters, if any, remain unresolved.

1.52 A statement of which, if any, discovery and other pretrial matters remain unresolved.

CRITICAL

Applies to

Confirmation letter

Must include

certificate of service

The confirmation letter must certify that a copy of the request was delivered to all counsel and pro se parties.

1.53 A certification that a copy of the request has been delivered to all counsel and pro se.

CRITICAL

Applies to

Final decree or judgment

The final decree or judgment in an uncontested matter must be submitted to the Court before the hearing begins.

3.1 Uncontested matters (waiver divorces, default judgments, adoptions), will be promptly set and disposed of. The final decree or judgment MUST be submitted to the Court before the hearing begins.

CRITICAL

Applies to

Jury instructions

Proposed jury questions and requested instructions must be submitted to the Court at the Final Pretrial Conference or may be considered untimely and refused.

Proposed jury questions and requested instructions SHALL be submitted to the Court at this conference and if not submitted will be considered untimely and may be refused.

CRITICAL

Applies to

Proposed order

Must include

proposed order

For an unopposed motion or special exception, the moving party must submit a proposed order signed by counsel for all parties indicating approval.

If the motion or special exception will not be opposed, the moving party shall submit a proposed order signed by counsel for all parties indicating approval of same.

CRITICAL

Applies to

Motion or letter

For an opposed motion or special exception, the moving party must include the specified conference statement in the motion or a letter; otherwise, it will not be set for hearing.

If the motion or special exception will be opposed, the moving party shall state in the motion or by letter: "A conference was held on (date) with (name), attorney for opposing party, on the merits of this motion, or special exception. Agreement could not be reached; therefore, it is presented to the Court for determination." No motion or special exception will be set for hearing unless it is accompanied by the foregoing statement.

CRITICAL

Applies to

Agreement

Unless the Rules of Civil Procedure provide otherwise, an agreement concerning a pending suit is enforceable only if written, signed, and filed as part of the record, or made in open court and entered of record.

3.58 UNLESS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE, NO AGREEMENT BETWEEN ATTORNEYS OR PARTIES TOUCHING ANY SUIT PENDING WILL BE ENFORCED UNLESS IT BE IN WRITING, SIGNED AND FILED WITH THE PAPERS AS PART OF THE RECORD, OR MADE IN OPEN COURT AND ENTERED OF RECORD.

CRITICAL

Applies to

Objection to judgment

An objection to a judgment must include a form of order setting a hearing on the objection.

Any objections to the judgment must include form of order setting a hearing on the objection.

CRITICAL

Applies to

Pleading

Every pleading must list the filing attorney’s information, including the filer’s email address.

All pleadings will be required to have the filing attorney's information listed on the document being filed, including the email address of the person filing same, as generally required by rule 21 of the Texas Rules of Civil Procedure.

CRITICAL

Applies to

Withdrawal order

An order granting withdrawal must state the party’s current address for future notices or explain why one cannot be provided.

All orders of withdrawal shall state the current address at which the party whose attorney seeks to withdraw may be notified of further court proceedings or explain why a current address cannot be given.

CRITICAL

Applies to

Withdrawal motion

In civil cases, an attorney of record may withdraw only by motion and Court order granting leave.

In civil cases no attorney of record shall be permitted to withdraw from any case without presenting a motion and obtaining from the Court an Order granting leave to withdraw.

CRITICAL

Applies to

Withdrawal motion

A civil withdrawal motion must include the client’s written consent, another lawyer’s certificate of representation, or a certified-mail copy to the client with the stated hearing and objection information.

Such motion shall be accompanied by the client's written consent to such withdrawal or a certificate by another lawyer that he has been employed to represent the client in the case, or a copy of such motion shall be mailed to the client at his last known address, certified mail, return receipt requested, with a letter advising that the motion will be presented to the Court on the date set for hearing, and that any objection to such withdrawal should be made to the Court in writing before such time.

CRITICAL

Applies to

Electronically transmitted document

Each electronically transmitted filing must be individually signed and include the signer's State Bar number, if any, address, telephone number, and telecopier number.

10.5 Every document electronically transmitted for filing shall conform to the requirements for filing established by the Texas Rules of Civil Procedure, i.e., shall be on paper measuring approximately 8Y2 x 11 inches, shall be signed individually by the party or the party's attorney of record, and shall contain that individual's State Bar of Texas identification number, if any, address, telephone number, and telecopier number. The quality of the original hard copy shall be clear and dark enough to transmit legibly.

CRITICAL

Applies to

Electronically transmitted document

The sender must retain the original document bearing the original signature.

10.6 The sender shall maintain the original of the document with original signature affixed as required by Section 51. 806 Texas Government Code.

CRITICAL

Applies to

Joint final pre trial order

(NOTE: The contentions of each party shall be succinctly stated in a form suitable to be read to the jury.)

(NOTE: The contentions of each party shall be succinctly stated in a form suitable to be read to the jury.)

CRITICAL

Applies to

Joint final pre trial order

(NOTE: The witnesses of each party shall be listed by name and address and separated into categories of fact witnesses and expert witnesses. Unanticipated rebuttal and rejoinder witnesses need not be listed.)

(NOTE: The witnesses of each party shall be listed by name and address and separated into categories of fact witnesses and expert witnesses. Unanticipated rebuttal and rejoinder witnesses need not be listed.)

CRITICAL

Applies to

Joint final pre trial order

Each party must provide a separate list of numbered exhibits in the joint final pre-trial order.

(NOTE: Each party shall set forth a separate list of numbered Exhibits.)

CRITICAL

Applies to

Joint final pre trial order

Counsel for each party must certify that all deadlines in the Court’s Scheduling Orders have been complied with.

(1) All deadlines contained in the Court's Scheduling Orders have been complied with.

CRITICAL

Applies to

Joint final pre trial order

Counsel for each party must certify that every listed exhibit exists, is numbered, and has been disclosed and shown to opposing counsel.

(2) Each exhibit in the List of Exhibits herein: (a) is in existence; (b) is numbered; and (c) has been disclosed and shown to opposing counsel.

CRITICAL

Applies to

Joint final pre trial order

Each attorney of record must personally sign and certify the pre-trial order; signing for another attorney by permission is not accepted.

(NOTE: Each attorney of record shall personally sign and certify to the pre-trial order. The signature of one attorney for another "by permission" will not be accepted by the court.)

CRITICAL

Applies to

Petition

The Petitioner must attach a copy of the standing order to the original petition and every copy of the petition.

The Petitioner shall attach a copy of this order to the original petition and to each copy of this petition.

CRITICAL

Applies to

Petition

If the Petitioner fails to attach the standing order, the Clerk must ensure that it is attached to the petition and every copy presented when the petition is filed.

At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.

CRITICAL

Applies to

Petition

The petitioner must attach this order to the original petition and each copy; if omitted, the clerk must attach it when the petition is filed.

7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of this petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.

CRITICAL

If the circumstances warrant questioning the stop, detention, arrest, or search, defense counsel must file factually specific, non-boilerplate motions to suppress.

4) To file factually specific (not "boilerplate") Motions to Suppress if the circumstances surrounding the case indicate questioning the relevant stop, detention, arrest or search of the defendant.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach this order to the original petition and each copy; if the Petitioner fails to do so, the Clerk must attach it when the petition is filed.

7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of this petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the 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

Written notification

In a delinquent tax suit, the taxing entity’s attorney must give the Court written notice that the parties entered a written payment plan; the suit is then inactivated until dismissed or foreclosure proceedings resume.

It is THEREFORE ORDERED that in delinquent tax suit in the Jack or Wise County District Court upon a written notification by the attorney representing the taxing entity to the Court that the parties have entered into a written payment plan that the suit shall be inactivated and shall remain inactive until dismissed by the governmental taxing agency or foreclosure proceedings have resumed.

WARNING

Applies to

Respondent inventory

The respondent’s inventory must place items not listed on the petitioner’s inventory at the end of the appropriate category.

Items of property on respondent's inventory but not on petitioner's shall be at the end of the appropriate category.

WARNING

Applies to

Inventory and appraisement

Inventories and appraisements are not required if an agreement completely settles the parties’ property and all custody and support matters.

In the event an agreement completely settling the property of the parties and all custody and support matters is entered into, the filing of inventories and appraisements shall not be required.

WARNING

Applies to

Motion to withdraw

Leave to withdraw will be denied if the motion is presented so near trial that granting it would require delaying trial.

Such leave will be denied where the motion is presented so near the trial date as to require delay of trial.

WARNING

After withdrawal is allowed, the clerk must notify the party and advise them of trial settings and the opportunity to obtain other counsel.

After leave is granted, the clerk shall notify the party of such action and advise the party of any trial settings, and that he may secure other counsel.

WARNING

Applies to

Electronically transmitted document

The sender must retain the original document bearing the original signature as required by the cited statute.

10.6 The sender shall maintain the original of the document with original signature affixed as required by Section 51. 806 Texas Government Code.

WARNING

Applies to

Inventories and appraisements

Inventories and appraisements are not required when the parties enter an agreement completely settling property, custody, and support matters.

4.43 In the event an agreement completely settling the property of the parties and all custody and support matters is entered into, the filing of inventories and appraisements shall not be required.

INFO

A hearing is not necessary for withdrawal or substitution when all parties agree to the substitution and all parties and the client agree to the withdrawal.

Counsel may withdraw or be substituted without the necessity of hearing when all parties agree to the substitution and all parties and the client agree to the withdrawal.

INFO

Applies to

Joint final pre trial order

The nature-of-action section of the joint final pre-trial order should briefly state the type of case.

(NOTE: This section should be very brief and merely state the type of case.)