Jefferson County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Hearing request

Counsel objecting to a trial-setting request must request a hearing.

The objecting Counsel must then request a hearing

CRITICAL

Applies to

Trial setting request

A trial-setting request must indicate that pleadings are in order, discovery is complete or will be completed by trial, and lead counsel will be available.

A trial setting request from any party indicates the following: 1). All pleadings are in order, 2). All discovery is complete or will be completed by the time of trial including designations of experts and the taking of their depositions, if necessary, and 3). Lead counsel will be available for trial.

CRITICAL

Applies to

Application and judgment of heirship

An Application and Judgment of Heirship are required in the specified independent-administration, intestate-estate, and guardianship-estate circumstances.

Application and Judgment of Heirship is required when (i) Application is filed for Independent Administration pursuant to Section 401.003 of the Texas Estates Code; (ii) Application to make distributions from or to close intestate Decedent’s Estate is filed; (iii) Application to close deceased intestate ward’s Guardianship Estate is filed and no administration is necessary.

CRITICAL

Applies to

Answer to civil suit

Any case for exonerating the defendant and sureties must be presented in the answer to the civil suit and at the summary or final judgment hearing.

If you have a cause or causes to exonerate the defendant and his sureties from liability upon the forfeiture taken, present your case or cases in your answer to the civil suit and at the summary or final judgment hearing. Art. 2.13 C.C.P.

CRITICAL

Applies to

Request for approval of independent executor action

A request for approval of an independent executor’s action must specifically and expressly pertain to independent executors under the Texas Estates Code.

The Court shall not approve any actions of the independent executor unless such approval specifically and expressly pertains to independent executors as provided for in the Texas Estates Code.

CRITICAL

Applies to

Resetting agreement

At the Announcement Docket call, counsel must appear and announce, then visit the coordinator to execute the resetting agreement.

You must appear at the docket call, announce, and then visit the coordinator to execute the resetting agreement.

CRITICAL

Applies to

Proposed charge

Attorneys must furnish a proposed charge at the beginning of jury selection and should be prepared to discuss unusual issues or instructions at the pre-trial conference.

C. COURT'S CHARGE: The attorneys are required to furnish a proposed charge at the beginning of jury selection, but should also be prepared to discuss any unusual issues or instructions at the pre-trial conference.

CRITICAL

Applies to

Applications and instruments

(a) All names on applications must match names on wills and other documents. If a person goes by more than one name, his AKA (“also known as”) or FKA (“further known as”) must be referred to in all instruments and signatures must be the usual signature of that person from the initial filing throughout the proceedings and must be one of the AKA or FKA’s.

(a) All names on applications must match names on wills and other documents. If a person goes by more than one name, his AKA (“also known as”) or FKA (“further known as”) must be referred to in all instruments and signatures must be the usual signature of that person from the initial filing throughout the proceedings and must be one of the AKA or FKA’s.

CRITICAL

Applies to

Affidavit of assets

An Affidavit of Assets is required in all Dependent Administrations and Guardianships and is used as the basis for setting bonds.

(d) An Affidavit of Assets is required in all Dependent Administrations and Guardianships and is the basis on which bonds are set.

CRITICAL

Applies to

Order Approving Payment of Fees

Anyone seeking approval of fees for the specified court-appointed services must submit the completed Order Approving Payment of Fees form.

Any person who seeks approval of fees for serving as Attorneys Ad Litem, Guardians Ad Litem, court appointed Mediators and Guardians shall complete and e-file the form "Order Approving Payment of Fees" located on this Court's webpage.

CRITICAL

Applies to

Motion and order

If the proposed ward cannot attend the hearing, the Attorney Ad Litem must file a Motion and Order to Waive the Ward’s Appearance.

If the proposed Ward, for whom the Attorney Ad Litem has been appointed, is unable to attend the hearing, the Attorney Ad Litem shall file a Motion and Order to Waive the Ward’s Appearance.

CRITICAL

Applies to

Motion and order to waive ward appearance

If the proposed ward cannot attend the hearing, the Attorney Ad Litem must file a Motion and Order to Waive the Ward’s Appearance.

If the proposed Ward, for whom the Attorney Ad Litem has been appointed, is unable to attend the hearing, the Attorney Ad Litem shall file a Motion and Order to Waive the Ward’s Appearance.

CRITICAL

Applies to

Application to determine heirship

The application must request citation, including publication and OCA website posting, to unknown heirs and heirs whose whereabouts are unknown.

An Application to Determine Heirship must request proper Citation including Citation by publication and posting on the OCA website to unknown heirs and heirs whose whereabouts are unknown.

CRITICAL

Applies to

Application to determine heirship

An Application to Determine Heirship must request appointment of an Attorney Ad Litem for unknown heirs.

An Application to Determine Heirship must always request appointment of Attorney Ad Litem to represent unknown heirs.

CRITICAL

Applies to

Application to determine heirship

An heirship application must request an Attorney Ad Litem for unknown heirs and include an appointment order with a blank for the attorney’s name.

An Application to Determine Heirship must always request appointment of Attorney Ad Litem to represent unknown heirs. Counsel must include an Order appointing an Attorney Ad Litem leaving a blank space for the Court to enter the appointed Attorney’s name.

CRITICAL

Applies to

Application for probate of will as muniment of title

An Application for Probate of Will as a Muniment of Title must include a State of Texas-certified MERP Certification stating that no MERP claim is intended against the decedent’s estate.

(c) An Application for Probate of Will as a Muniment of Title shall be accompanied by a Medicaid Estate Recovery Program (MERP) Certification, certified by the State of Texas indicating there is no intention of filing a MERP Claim filed against the decedent’s estate.

CRITICAL

Applies to

Objection to trial setting

Counsel objecting to a trial-setting request must request a hearing; after the hearing, the case will be set on the requested or nearest available date unless the Court finds it is not ready for trial.

The objecting Counsel must then request a hearing and, after the hearing, unless the Court determines that the case is not ready for trial, the case will be set for trial on the date requested or the nearest date that the docket of the Court will permit.

CRITICAL

Applies to

Plea information form and plea paperwork

Upon arriving in the courtroom, counsel must fill out the Plea Information Form and the plea paperwork available on the courtroom tablets.

When you arrive to the courtroom, you have to fill out the Plea Information Form and the following plea paperwork, which is located on the tablets in the courtroom:

CRITICAL

Applies to

Annual accounting and annual report

Annual accountings and Annual Reports of the Person may not be waived in guardianships.

Annual Accountings and Annual Reports of the Person shall not be waived in guardianships.

CRITICAL

Applies to

Annual accounting

Annual accountings must begin with the preceding inventory or accounting, end with a recapitulation and reconciliation, have cash accounts confirmed by the depository, and include supporting vouchers upon the Court's request.

All annual accountings shall begin with the preceding inventory or annual accounting as the case may be, and shall be concluded with a recapitulation and reconciliation, all cash accounts shall be confirmed by the depository, and supporting vouchers shall be provided upon request of the Court.

CRITICAL

Applies to

Not ready announcement

A not-ready announcement must state the reason and include a sworn written motion, which will be heard immediately after docket call.

The only acceptable announcements are:  Ready;  Not ready and the reason therefor, with a sworn written motion, which will be heard immediately after docket call.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

A Certificate of Service confirming service on all parties must be filed before the hearing.

Certificate of Service (all parties served) filed before hearing is held

CRITICAL

Applies to

Applicant testimony

The applicant must testify to the statutory elements, reduce the testimony to writing before the hearing, and swear to its truth at the hearing.

The applicant must testify to the elements contained in Section 202.004 et. seq., Texas Estates Code. Testimony must be reduced to writing before the hearing, and the witness must swear to the truth of the writing at the hearing.

CRITICAL

Applies to

Attorney ad litem report

The Attorney Ad Litem must interview the witnesses, submit a written report before the hearing, and attend the hearing.

The Attorney Ad Litem must interview the witnesses and submit a written report to the Court prior to the hearing and attend the hearing.

CRITICAL

Applies to

Order of withdrawal

An order allowing withdrawal must direct the client to maintain a current mailing address and, if known, email address with the Court and all other parties until litigation ends or new counsel appears, and state that failure may result in contempt actions.

The Order of Withdrawal shall contain language ordering the client (whose lawyer is withdrawing) to maintain a current and valid mailing address and email address, if known, with the Court and all other parties until the end of the litigation or until such party obtains new counsel who makes a proper appearance and that failure to do so will result in contempt actions.

CRITICAL

Applies to

Order for payment of ad litem fees

The Ad Litem fee payment order must be a separate order for state reporting, use the Probate Court’s website form, and be completed and e-filed with a Motion for Payment.

Order for payment of Ad Litem fees must be submitted in a separate order for Reporting to the State. The Order that must be used is located on the Probate Court’s website. It must be completed and e-filed along with a Motion for Payment.

CRITICAL

Applies to

Matter filing

Must include

case number

After a case number is assigned and docketed, all related matters must be filed in and remain in that court under that same number.

Once a case number has been assigned and docketed, all matters relating thereto shall be filed in and remain in that Court using the same cause number.

CRITICAL

Applies to

Judgment of heirship

The Attorney Ad Litem must review the Judgment for correctness before the hearing and approve it by signing it.

the Judgment for correctness prior to hearing and approve the Judgment by signing it.

CRITICAL

Applies to

Ad litem fee order

The required State-reporting order for Ad Litem fees must be completed using the Probate Court website form and e-filed with a Motion for Payment.

Order for payment of Ad Litem fees must be submitted in a separate order for Reporting to the State. The Order that must be used is located on the Probate Court’s website. It must be completed and e-filed along with a Motion for Payment.

CRITICAL

Applies to

Motion to withdraw

A withdrawal motion must state whether the client agrees, include the client's signature if the client agrees, provide the client's full address and telephone number with a current-and-valid certification, and comply with Rule 10, TRCP; the attorney must also provide evidence of timely notice to the client.

Motions to Withdraw by counsel shall state whether or not the client has agreed to the withdrawal, and, if so, the motion shall be signed by the client evidencing such agreement. The withdrawing attorney must provide evidence that the client has received a copy of the motion and notice of a hearing thereon at least 7 days in advance thereof. Counsel must also provide, in the motion, the client's full address and telephone number, and certify that the same are, as of the time of filing of the motion, current and valid for the client. All motions should comply with Rule 10, TRCP.

CRITICAL

Applies to

Application for payment of attorney fees

An application for attorney fees in a Dependent Administration or Guardianship must be signed by the Personal Representative or Guardian and include an itemized statement.

(h) Application for Payment of Attorney fees in Dependent Administrations and Guardianships must be approved by (signed by) the Personal Representative or Guardian and include an itemized statement.

CRITICAL

Applies to

Judgment of heirship

If the decedent was married at death, the judgment must address both community and separate property and be reviewed and signed by the Attorney Ad Litem before the hearing.

If the Decedent was married on the date of death, the Judgment of Heirship must address ownership of both Community and Separate Property. The Attorney Ad Litem shall review the Judgment for correctness prior to hearing and approve the Judgment by signing it.

CRITICALCivil cases

Applies to

Pleading

Each pleading in a case designated for e-filing must be fully and properly labeled.

each pleading in cases designated as e-file shall be fully and properly labeled

CRITICAL

Applies to

Uncontested hearing setting

This includes, but is not limited to, the *death certificate, waivers of citation, consents, notices, the unexecuted Proof of Death and Other Facts, unexecuted Statement of Facts, all proposed Orders and Judgments.

This includes, but is not limited to, the *death certificate, waivers of citation, consents, notices, the unexecuted Proof of Death and Other Facts, unexecuted Statement of Facts, all proposed Orders and Judgments.

CRITICAL

Applies to

Vacation letter

The vacation letter must state the vacation period.

You must file with the coordinator, thirty days before your vacation begins, a letter stating your vacation period.

CRITICAL

Applies to

Applicant testimony

The applicant must provide testimony on the statutory elements, reduce it to writing before the hearing, and swear to its truth at the hearing.

The applicant must testify to the elements contained in Section 202.004 et. seq., Texas Estates Code. Testimony must be reduced to writing before the hearing, and the witness must swear to the truth of the writing at the hearing.

CRITICAL

Applies to

Motion to withdraw

A withdrawal motion must state whether the client agrees; if the client agrees, the client must sign the motion to evidence that agreement.

Motions to Withdraw by counsel shall state whether or not the client has agreed to the withdrawal, and, if so, the motion shall be signed by the client evidencing such agreement.

CRITICAL

Applies to

Pleading

Each pleading in a case designated as E-File must be fully and properly labeled.

IT IS FURTHER ORDERED that each pleading in cases designated as E-File shall be fully and properly labeled

CRITICAL

Applies to

Ad litem report

The ad litem must make a written report of the investigation as directed by the Court.

(f) The ad litem shall make a written report as directed by the Court of the result of the ad litem’s investigation concerning the purpose of the ad litem’s appointment.

CRITICALCivil cases

Applies to

Pleading

Each pleading must address only one subject matter.

a pleading shall deal with only one subject matter.

CRITICAL

Applies to

Contested hearing setting request

A request to set a contested matter lasting less than two hours must be followed by written confirmation of the hearing.

All requests for settings on contested matters, with duration of less than two (2) hours, shall be made by calling the Court Administrative Staff of the County Judge’s office and follow up with a written confirmation of the hearing.

CRITICAL

Applies to

Ad litem fee submission

If the case has an Attorney ad Litem, the e-filing must include the ad litem report, a motion, and a proposed order for fees.

If there is an Attorney ad Litem on the case, his report must be e-filed, along with a Motion and proposed Order for Fees.

CRITICAL

Applies to

Trial setting request

Counsel must inform Court personnel of the estimated trial time when requesting a setting.

At the time of making a request for setting, Counsel shall inform the Court personnel of the estimated time for trial.

CRITICAL

Applies to

Trial setting request

Requests for jury and non-jury trials expected to require more than two hours must be made in writing to the County Judge, Attention: Probate Court Administrative Staff, and comply with applicable minimum notice periods.

(d) All requests for jury and non-jury trials, which are expected to require more than two (2) hours, shall be made in writing and addressed to the County Judge, Attention: Probate Court Administrative Staff, and are subject to Texas Rules of Civil Procedure requiring minimum periods of notice.

CRITICAL

Applies to

Ex parte application

Every ex parte application must include a counsel-signed certificate stating whether the opposing party is represented and, if known, the represented party’s counsel’s contact information.

(b) Every application for relief ex parte shall contain a certificate signed by Counsel that: (i) To the best of their knowledge whether or not the party against whom relief is sought ex parte is represented by Counsel in the matter made the basis of the relief sought; or (ii) If the party against whom relief is sought ex parte or is represented by Counsel, the certificate shall state the name, address, and telephone of such counsel, if known.

CRITICAL

Applies to

Original will

If applicable, the original will must be delivered to the County Clerk for filing before obtaining a hearing setting.

If applicable, the original will must have been delivered to the County Clerk for filing.

CRITICAL

Applies to

Proposed order

A proposed order approving any such fees must contain the information required for the fee-approval request.

Additionally, any proposed Order seeing approval of any such fees shall contain the above information.

CRITICAL

Applies to

Letter of representation

Counsel hired after the defendant appears at arraignment must file a letter of representation with the coordinator before the defendant’s next appearance.

If you are hired after the defendant makes an appearance on the Arraignment Docket, you must file a letter of representation with the coordinator before the defendant’s next appearance.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A motion, objection, or special exception will not be set for hearing unless moving counsel certifies in the filing or a letter that a conference occurred without agreement, or explains why no conference occurred.

(b) No motions, objections or special exceptions will be set for hearing unless the moving Counsel shall have certified, in such motion, or in a letter substantially the following: “A conference was held on (date) with (name of opposing Counsel) on the merits of this motion. Agreement could not be reached. Therefore, it is presented to the Court for determination.” or “A conference was not held with (name of opposing Counsel) on the merits of this motion because (explain why no conference was held).”

CRITICAL

Applies to

Letter of representation

Counsel hired before the Arraignment Docket must file a letter of representation with the coordinator; doing so means counsel need not appear at that docket.

When you are hired before the Arraignment Docket, you must file a letter of representation with the coordinator who will set the case on the Announcement Docket. If this is done, you do not have to appear at the Arraignment Docket.