Jefferson County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Ancillary matter

Must include

caption

The style for every ancillary matter must include the names of the bringing party, the opposing party, and the estate.

The style on all ancillary matters shall include the names of the party bringing the action and the opposing party, as well as the name of the estate.

CRITICAL

Applies to

Appointment list submission

Certified Attorney Ad Litems must submit a current certificate to be placed on the appointment list.

Certified Attorney Ad Litems shall submit a current copy of their certificate in order to be placed on the appointment list.

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

Order appointing attorney ad litem

Counsel must include an order appointing an Attorney Ad Litem with a blank space for the Court to enter the attorney’s name.

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

Appointment of resident agent

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

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

CRITICAL

Applies to

Motion to withdraw

A withdrawal motion may be granted without a hearing only if it includes the required party consents, client consent or an explanation for its absence, and a client-contact certificate; a qualifying substitute attorney’s appearance satisfies the latter two requirements but not the party-consent requirement.

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

Bond

Minimum bonds for Dependent Administrations and Guardianships of the Estate are $8,500 and require a corporate surety; waivers are limited to extremely rare instances, and personal bonds may be granted only for Guardians of the Person.

(e) Minimum Bonds for Dependent Administrations and Guardianships of the Estate are $8,500 and must be made by a corporate surety. Bonds will not be waived by the Court, except in extremely rare instances. Personal bonds may be granted for Guardians of the Person, only.

CRITICAL

Applies to

Contested trial setting request

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

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

Motion, objection, or special exception

Must include

certificate of conference

The motion, objection, or special exception must contain the required conference certification, or the certification must be provided in a letter.

(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).”

WARNING

Applies to

Ancillary matter

Must include

caption

The style for every ancillary matter must include the names of the filing party, the opposing party, and the estate.

The style on all ancillary matters shall include the names of the party bringing the action and the opposing party, as well as the name of the estate.

WARNING

Applies to

All proceedings

Counsel must provide the court with personal representatives’ physical addresses and phone numbers in all proceedings and keep that information current.

All counsel shall be responsible for providing the court with physical addresses and phone numbers of personal representatives in all proceedings. Addresses and phone numbers shall be updated as necessary to provide current information at all times.

WARNING

Applies to

Attorney ad litem certificate

Certified Attorney Ad Litems must submit a current certificate copy to be placed on the appointment list.

Certified Attorney Ad Litems shall submit a current copy of their certificate in order to be placed on the appointment list.

WARNING

Applies to

Attorney ad litem certificate

An attorney ad litem must have a certificate showing completion of a four-hour course that includes one hour on alternatives to guardianships.

This attorney ad litem must have a certificate indicating the completion of a four-hour course which includes one hour of alternatives to guardianships to exhibit the attorney is in good standing regarding those qualifications.

WARNING

Applies to

Motion to withdraw

Withdrawal motions should comply with Rule 10 of the Texas Rules of Civil Procedure.

All motions should comply with Rule 10, TRCP.

INFO

Applies to

Exhibit list

An exhibit list is not necessary.

B. EXHIBITS: No exhibit list is necessary.