Jefferson County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Application

Names in applications must match the names on wills and other documents, aliases must be included in all instruments, and signatures must consistently use the person’s usual signature, one of the AKA or FKA names.

(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

Attorney ad litem report

The Attorney Ad Litem must have enough time to visit the Ward and file a written report.

The Attorney Ad Litem must be given enough time to visit the Ward and file a written report.

CRITICAL

Applies to

Annual accounting

Annual accountings must be filed each year one year from qualification and no later than 60 days from the year-end date.

Annual Accountings shall be filed one year from the date of qualification each year, but no later than 60 days from the year-end date

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw without a hearing must include the required party and client consents or an explanation for missing client consent, plus a certificate of the client’s last known address and contact efforts; a substitute attorney’s appearance satisfies only the client-consent and certificate requirements.

A motion to withdraw as attorney of record will be granted without a hearing only if the moving attorney: (a) files written consents to the withdrawal signed by attorneys for all parties; and (b) files a written consent to the withdrawal signed by the client, or includes, in the motion, a specific statement of the circumstances that prevent the moving attorney from obtaining the client’s written consent; and (c) files certificate stating the last known mailing address of the client and of efforts made to contact the client directly. If a motion to withdraw and to substitute another attorney includes an appearance by another attorney pursuant to Rule 10 and Rule 57, Texas Rules of Civil Procedure, that appearance will satisfy the requirements of subparagraphs (b) and (c) above, but such an appearance will not satisfy the requirement that the movant must file written consents to the withdrawal signed by attorneys for all parties.

CRITICAL

Applies to

Citations and notices

Unless an administration is specified as independent, it is treated as dependent, and citations and notices must be re-posted and noticed before independent administration may be granted.

If it doesn’t specify “Independent” the Court and the Clerk interprets the term “Administration” to mean “Dependent”. Citations and Notices will be for “Dependent” proceedings, and must be re-posted and noticed before an Independent Administration can be granted.

CRITICAL

Applies to

Affidavit of assets

An Affidavit of Assets is required in every Dependent Administration and Guardianship.

(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

Withdrawal order

An order granting withdrawal must direct the client to maintain a current and valid mailing address with the Court and all other parties until litigation ends or new counsel properly appears.

The Order of withdrawal shall contain language ordering the client (whose lawyer is withdrawing) to maintain a current and valid mailing address 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.

CRITICAL

Applies to

Disinterested witness testimony

Two qualifying disinterested witnesses who have known the decedent for at least 15 years must provide written, sworn testimony on family genealogy in substantially the statutory affidavit form.

Two (2) disinterested witnesses (those who are not heirs and are outside the second degree of kinship to the decedent) who have known the decedent for at least fifteen (15) years must testify regarding relevant family genealogy of the decedent, not conclusory statements of heirship. The testimony shall be in substantially the same form as the Section 203.002, Affidavit of Facts Concerning the Identity of Heirs. Testimony must be reduced to writing before the hearing, and the witnesses must swear to the truth of the writing at the hearing.

CRITICAL

Attorneys must certify each good-faith attempt to resolve a discovery dispute in accordance with Rule 2(E).

Attorneys shall certify each such attempt in accordance with Rule 2(E) hereof.

CRITICAL

Applies to

Ex parte application

Every ex parte application must include a certificate signed by counsel addressing, to counsel’s best knowledge, whether the opposing party is represented in the matter underlying the requested relief.

(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

CRITICAL

Applies to

Application for probate of will as muniment of title

An application for probate of a will as a muniment of title must include a State of Texas-certified MERP certification stating that no MERP claim is intended against the 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

Affidavit of service of citation

An Affidavit of Service of Citation under TEC 202.057 is required when heirs are unknown or their location is unknown.

Affidavit of Service of Citation TEC 202.057 (if heirs or unknown or unknown location)

CRITICAL

Applies to

Judgment of heirship

If the decedent died intestate, a Judgment of Heirship must be obtained to determine which heirs may agree to Independent Administration.

If the decedent died intestate, Judgment of Heirship must be obtained to determine those heirs who may agree on Independent Administration pursuant to 401.003 et seq., Texas Estates Code.

CRITICAL

Applies to

Order for independent administration

Unless counsel seeks an Independent Administration with a bond, the heirs or devisees must request waiver of bond and the order must state that bond is waived.

Unless Counsel wants an Independent Administration with the necessity of a bond, the heirs/devisees shall request and the Order shall state that bond is waived.

CRITICAL

Applies to

Probate application

Every probate application must include the last three digits of the applicant’s Social Security number and driver’s license number.

(b) All applications for probate must have the last three (3) digits of the applicant’s social security number and the last three (3) digits of the applicant’s driver’s license number.

CRITICAL

Applies to

Motion to withdraw

A withdrawal motion must provide the client's full address and telephone number, email address if known, and certify that the provided information is current and valid when filed.

Counsel must also provide, in the motion, the client's full address and telephone number, and email address, if known, certify that the same are, as of the time of filing of the motion, current and valid for the client.

CRITICAL

Applies to

Application to determine heirship

An heirship application must request citation by publication and posting on the OCA website for 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

Case related filing

Must include

case number

All matters relating to a numbered and docketed case must be filed in and remain in the same court under the same cause 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

Inventory

An inventory must be filed in the dependent administration.

An inventory shall, as required by law, be filed within 90 days from qualification of the administrator, unless the court, after application is filed, enters a written order extending the time for filing.

CRITICAL

Applies to

Judgment of heirship

If the decedent was married at death, the Judgment of Heirship must address ownership of both Community and Separate Property.

If the Decedent was married on the date of death, the Judgment of Heirship must address ownership of both Community and Separate Property.

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

Ad litem report

The ad litem must prepare a written report, as directed by the Court, on the investigation related to the appointment.

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.

CRITICAL

Applies to

Independent administration order

Unless counsel wants an Independent Administration with a bond, the heirs or devisees must request a bond waiver and the order must state that the bond is waived.

Unless Counsel wants an Independent Administration with the necessity of a bond, the heirs/devisees shall request and the Order shall state that bond is waived.

CRITICAL

Applies to

Witness testimony

Two qualifying disinterested witnesses must provide written, sworn testimony about the decedent’s family genealogy in substantially the statutory affidavit form.

Two (2) disinterested witnesses (those who are not heirs and are outside the second degree of kinship to the decedent) who have known the decedent for at least fifteen (15) years must testify regarding relevant family genealogy of the decedent, not conclusory statements of heirship. The testimony shall be in substantially the same form as the Section 203.002, Affidavit of Facts Concerning the Identity of Heirs. Testimony must be reduced to writing before the hearing, and the witnesses must swear to the truth of the writing at the hearing.

CRITICAL

Applies to

Application and judgment of heirship

An Application and Judgment of Heirship are required in the listed independent-administration, intestate-estate distribution or closing, and guardianship-closing 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

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.

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

Fee approval request

A person seeking approval of fees for the specified court-appointed roles must provide the listed information to the Court.

Any person who seeks approval of fees for serving as Attorneys Ad Litem, Guardians Ad Litem, court appointed Mediators and Guardians shall provide the following information to the court upon seeking approval of any fee: 1). Name of person appointed 2). Attorney's State Bar Card No. (if applicable) 3). Title of position to with appointed 4). Relationship to the ward or deceased 5). Source of fees 6). Fee type 7) Upon approval, amount of fee approved

CRITICALCivil cases

Applies to

Pleading

In cases designated as E-file, each pleading must address only one subject matter.

IT IS FURTHER ORDERED that each pleading in cases designated as E-file shall be fully and properly *labeled, and a pleading shall deal with only one subject matter.

CRITICAL

Applies to

Trial setting request

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

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

Original will

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

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

CRITICAL

Applies to

Trial setting request

A contested case will be set for trial upon written request and counsel’s representation that the case will be ready for trial.

(e) Contested cases will be set for trial by the County Court upon written request and representation of any counsel that the case will be ready for trial.

CRITICAL

Applies to

Proposed orders and judgments

Proposed orders and judgments must be coded as “Proposed Order (Attachment Only)” in the security setting.

It IS HEREBY ORDERED all proposed orders and judgments will be e-filed as an attachment and coded as a Proposed Order (Attachment Only) in the security setting.

CRITICAL

Applies to

Appointment of resident agent

An Appointment of Resident Agent must be filed as a separate instrument.

(g) Appointment of Resident Agent shall be filed as a separate instrument.

CRITICAL

Applies to

Annual accounting

Annual accountings may not be waived in dependent administrations.

Annual Accountings shall not be waived in dependent administrations.

CRITICAL

Applies to

Uncontested hearing filings

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

Trial time estimate

Counsel must make a good-faith trial-time estimate after consulting all Counsel and considering witness examination, exhibits, cross-examination, and anticipated rebuttal.

Counsel shall make a good faith estimate of the time required after consulting all Counsel and considering the following: Proper examination of witnesses; Introduction of exhibits; Cross-examination and rebuttal of witnesses reasonably anticipated to be called by all of the parties.

CRITICAL

Applies to

Annual accounting

Annual accountings must begin with the preceding inventory or accounting, end with a recapitulation and reconciliation, include depository confirmation of cash accounts, and provide supporting vouchers to the Court.

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 to the Court.

CRITICAL

Applies to

Ancillary pleading

Must include

case number

Pleadings relating to an ancillary matter must use the applicable “A” or “1” suffix, with sequential letters or numbers for subsequent ancillary matters.

If a case includes an ancillary matter as that term is defined herein, the cause number of all pleading relating to the ancillary matter shall be followed by the letter “A” or the number “1”, whichever is applicable. If a case contains more than one ancillary matter then each subsequent matter shall be designated by sequential letters or numbers.

CRITICAL

Applies to

Hearing confirmation

A request to set a contested matter expected to last 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

Certificate

(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.

(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

Attorneys must certify each good-faith attempt to resolve a discovery dispute as required by Rule 2(E).

Attorneys shall certify each such attempt in accordance with Rule 2(E) hereof.

CRITICAL

Applies to

Application for payment of attorney fees

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

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

Initial report guardian of a person

The Initial Report of Guardian of a Person must be submitted to the County Judge.

An Initial Report of Guardian of a Person shall be submitted to the County Judge within 30 days after qualification of the guardian.

CRITICAL

Applies to

Inventory appraisement and list of claims

An Inventory, Appraisement and List of Claims, as required by law, shall be filed within 30 days from qualification of the Guardian of a ward’s Estate, unless the court, after application is filed, enters a written order extending the time for filing.

An Inventory, Appraisement and List of Claims, as required by law, shall be filed within 30 days from qualification of the Guardian of a ward’s Estate, unless the court, after application is filed, enters a written order extending the time for filing.

CRITICAL

Applies to

Proposed order or judgment

The proposed order or judgment must have signature approval from all other counsel or be accompanied by a copy of a letter notifying all counsel of its filing.

(b) All proposed judgments and orders shall be e-filed to the Court after the presenting Counsel has either obtained signature approval from all other Counsel, or has provided the Court with a copy of a letter mailed to all Counsel notifying them that the proposed order or judgment was filed with the Court.

CRITICAL

Applies to

Trial setting request

When requesting a trial setting, counsel must inform Court personnel of the estimated trial time and make a good-faith estimate after consulting all counsel and considering the anticipated witness examinations and exhibits.

(f) At the time of making a request for setting, Counsel shall inform the Court personnel of the estimated time for trial. Counsel shall make a good faith estimate of the time required after consulting all Counsel and considering the following: Proper examination of witnesses; Introduction of exhibits; Cross-examination and rebuttal of witnesses reasonably anticipated to be called by all of the parties.

CRITICAL

Applies to

Ad litem submission

When an Attorney ad Litem is involved, the 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

Attorney ad litem report

The Attorney Ad Litem must be given sufficient time to visit the Ward and file a written report.

The Attorney Ad Litem must be given enough time to visit the Ward and file a written report.

CRITICAL

Applies to

Court appointed attorney application

Defendants seeking a court-appointed attorney must answer the application truthfully.

The ones who ask for a court appointed attorney are told to go to the pretrial office and they are given a detailed application to be answered truthfully.

CRITICALCriminal cases

Applies to

Interlock installation verification

A defendant charged with a qualifying subsequent offense must submit written verification of interlock installation to the Court.

A defendant whose information charges any subsequent offense listed under Sections 49.04 -49.06 of the Texas Penal Code shall not operate any motor vehicle unless the vehicle is equipped with an interlock device mechanism that makes impractical the operation of the vehicle if ethyl alcohol is detected in the breath of the operator; and said device shall be installed at the defendant's expense with written verification of such installation being submitted to the Court on or before the date scheduled for the defendant's initial appearance.