Jefferson County Courts at Law Filing Timing and Cure Windows

WARNING

Filing a post-trial motion with the clerk does not set a hearing; if a hearing is wanted, set it with the coordinator and then file the motion with the clerk.

Post-Trial Motions – Motions for new trial, etc., filed with the clerk, like all other motions, you are reminded, accomplishes only that, filing. If you want a hearing on the motion, or motions, set it with the coordinator, and then file it with the clerk.

WARNING

The Court will act immediately on proposed orders and judgments approved by signature of all Counsel.

The Court will act immediately on proposed orders and judgments on which all Counsel have approved by signature.

WARNING

Request an ad litem appointment sufficiently before proceedings to allow time for investigation and preparation.

Appointment of ad litems must be requested sufficiently in advance of proceedings that the ad litem will have time to investigate and prepare therefore.

CRITICAL

Annual accountings must use a year-end date 12 months after the administrator qualifies unless the Court orders a different date.

All annual accountings shall have a year end date 12 months from the date of qualification of the administrator, unless the Court enters a written order providing for a different year- end date.

CRITICAL

Annual accountings must be filed no later than 60 days after the year-end date.

but no later than 60 days from the year-end date

CRITICAL

The Initial Report of Guardian of a Person must be submitted to the County Judge within 30 days after the guardian qualifies.

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

CRITICAL

An independent executor must file the required inventory within 90 days of qualification unless the court enters a written extension order after an application is filed.

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

CRITICAL

The listed documents must be provided before a hearing date is obtained; failure to provide them timely results in cancellation of the hearing.

Counsel e-file unexecuted Proofs of Death, Affidavit of Facts Concerning the Identity of Heirs, Death Certificate, and Ad Litem approved Orders to the Court before obtaining a hearing date. Failure to timely provide the documents to Court personnel will result in cancellation of the hearing.

CRITICAL

A requested trial setting may specify a trial week no sooner than 45 days after the request, unless the Court grants leave or all Counsel agree to an earlier setting.

The request may ask for a setting on a specific trial week, but no sooner than 45 days from the date of request, unless leave of court is obtained, or all Counsel agree to an earlier setting.

CRITICAL

Annual accountings in dependent administrations cannot be waived and must use a year-end date 12 months after qualification unless the court orders a different date.

Annual Accountings shall not be waived in dependent administrations. All annual accountings shall have a year end date 12 months from the date of qualification of the administrator, unless the Court enters a written order providing for a different year- end date.

CRITICAL

Covered materials must be filed before they are presented to the Court.

(a) All pleadings, motions, notices, briefs, proposed orders, proposed judgments, and any other paper, document or thing made a part of the record shall be filed (and all applicable fees paid) with the Clerk, via E file and pursuant to the mandates of the Office of Court Administration, before being presented to the Court.

CRITICAL

An Affidavit of Assets must be filed before the hearing.

Affidavits of Assets must be e-filed prior to the hearing.

CRITICAL

Trial-setting requests for trials expected to require more than two hours must comply with minimum notice periods required by the Texas Rules of Civil Procedure.

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

The inventory must be filed within 90 days of the administrator’s qualification unless the court extends the deadline by written order after an application is filed.

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

A personal representative must post the required bond within 20 days after the order is signed or the appointment order will be rescinded without further notice.

(f) If a personal representative fails to qualify by posting the required bond within 20 days from the date the order is signed, the order appointing the personal representative shall be rescinded without further notice.

CRITICAL

The listed documents must be provided to the Court before a hearing date is obtained.

Counsel e-file unexecuted Proofs of Death, Affidavit of Facts Concerning the Identity of Heirs, Death Certificate, and Ad Litem approved Orders to the Court before obtaining a hearing date.

CRITICAL

A personal representative must post the required bond within 20 days after the order is signed or the appointment order will be rescinded without further notice.

(f) If a personal representative fails to qualify by posting the required bond within 20 days from the date the order is signed, the order appointing the personal representative shall be rescinded without further notice.

CRITICAL

After settlement, counsel for the plaintiff, movant, or party seeking affirmative relief must assure the Court that appropriate settlement documents will be presented within 14 days.

(c) If the parties reach a settlement, Counsel representing the plaintiff, Movant or party seeking affirmative relief, shall notify the Court of such settlement, and that the trial or hearing date is no longer needed and assure the Court that all appropriate settlement documents will be presented to the Court within 14 days.

CRITICAL

Annual accountings and annual reports in guardianships cannot be waived and must use a year-end date 12 months after qualification unless the Court orders a different date.

Annual Accountings and Annual Reports of the Person shall not be waived in guardianships. All annual accountings and annual reports shall have a year end date 12 months from the date of qualification of the guardian, unless the Court enters a written order providing for a different year-end date.

CRITICAL

An independent executor who fails to file the inventory on time will be removed without notice.

An independent executor who fails to timely file the inventory shall be removed without notice.

CRITICAL

Annual accountings and annual reports must use a year-end date 12 months after the guardian qualifies unless the Court orders a different date.

All annual accountings and annual reports shall have a year end date 12 months from the date of qualification of the guardian, unless the Court enters a written order providing for a different year-end date.

CRITICAL

The temporary guardianship hearing must be held within 10 days after the application is filed.

The hearing is to be held within 10 days of the filing of the Application for Temporary Guardianship.

CRITICAL

An Inventory, Appraisement and List of Claims must be filed within 30 days after the guardian qualifies unless the court enters a written order extending the filing time after an application.

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

A temporary guardianship hearing must be held within 10 days after the application is filed.

The hearing is to be held within 10 days of the filing of the Application for Temporary Guardianship.

CRITICAL

A written objection to a trial-setting request must be made within 7 days of the request or it may be considered waived.

Written objection must be made within 7 days of the request, or such objection may be considered waived.

CRITICAL

Annual accountings must be filed within 60 days after the year-end date unless the Court extends the deadline by written order after an application.

Annual Accountings shall be filed within 60 days from the year-end date, unless after application the Court enters a written order extending the date for filing.

CRITICAL

Record papers must be filed before they are presented to the Court.

All pleadings, motions, notices, briefs, proposed orders, proposed judgments, and any other paper, document or thing made a part of the record shall be filed (and all applicable fees paid) with the Clerk, via E file and pursuant to the mandates of the Office of Court Administration, before being presented to the Court.

CRITICAL

For other proposed orders and judgments, counsel must make an appropriate motion for entry, and the Court will act after 20 days from notification if it receives no written objection or opposition, subject to any specific period required by the Texas Rules of Civil Procedure after citation.

On all other proposed orders and judgments, the Court will act, upon an appropriate motion for entry, after twenty (20) days from the date of notification, if the Court receives no written objections or oppositions, or unless the Texas Rules of Civil Procedure require a specific period after citation.

CRITICALCriminal cases

Written verification of interlock installation must be submitted to the Court on or before the defendant's scheduled initial appearance.

with written verification of such installation being submitted to the Court on or before the date scheduled for the defendant's initial appearance.

CRITICAL

An independent administrator must file the required inventory within 90 days of qualification unless the court enters a written extension order after an application is filed.

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

CRITICAL

The Inventory, Appraisement and List of Claims must be filed within 30 days after the guardian qualifies unless the court extends the deadline by written order after an application is filed.

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

The independent executor must file the inventory within 90 days of qualification unless, after an application, the Court enters a written order extending the filing time.

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

CRITICAL

The Initial Report of Guardian of a Person must be submitted to the County Judge within 30 days after the guardian qualifies.

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

CRITICAL

An application or case must be filed with the Clerk before the application for action or relief is presented to a judge.

(a) An application for action or relief, including but not limited to, restraining orders, writs of habeas corpus, receivership, temporary administration, proceedings for examination and delivery of the contents of safe deposit boxes or any papers of a decedent pursuant to Sections 151.001 through 151.005 of the Texas Estates Code, shall not be presented to a judge until the application or case has been filed with the Clerk (and all fees paid).

CRITICAL

File a letter stating the vacation period with the coordinator 30 days before the vacation begins.

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

CRITICAL

The election-to-have-the-jury-assess-punishment motion must be filed and brought to the attention of the court and prosecutor before trial; it will not support a charge authorizing the jury to recommend probation.

This motion is self-executing and must be filed before the trial begins, but it must be brought to the attention of the court and prosecutor before trial so that a proper voir dire can be conducted. This motion will not support a charge authorizing the jury to recommend community supervision (probation).

CRITICAL

An application for probation must be filed and brought to the attention of the court and prosecutor before trial.

This motions is self-executing and must be filed before the trial begins, but it must be brought to the attention of the court and prosecutor before trial so that a proper voir dire can be conducted.

CRITICAL

Annual Accountings shall be filed one year from the date of qualification each year

Annual Accountings shall be filed one year from the date of qualification each year

CRITICAL

Annual accountings must be filed within 60 days after the year-end date unless the Court enters a written order extending the filing date after an application.

Annual Accountings shall be filed within 60 days from the year-end date, unless after application the Court enters a written order extending the date for filing.

CRITICAL

Appropriate settlement documents must be presented to the Court within 14 days after settlement.

(c) If the parties reach a settlement, Counsel representing the plaintiff, Movant or party seeking affirmative relief, shall notify the Court of such settlement, and that the trial or hearing date is no longer needed and assure the Court that all appropriate settlement documents will be presented to the Court within 14 days. If such counsel fails to so notify the court within a reasonable time before the trial or hearing, the Court may impose appropriate sanctions.

CRITICAL

Objections to video depositions must be made and set for hearing at least three days before trial or they will be waived.

failure to make objections and set for hearing at least 3 days prior to trial will be waiver of objections

CRITICAL

The letter of representation must be filed before the defendant’s next appearance when counsel is hired after arraignment.

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

An objection to a trial-setting request must be made in writing within 7 days or it may be considered waived.

Written objection must be made within 7 days of the request, or such objection may be considered waived.

CRITICAL

Exhibit objections must be set for hearing no later than 3 days before trial; objections not heard before trial are waived.

Objections must be set for hearing no later than 3 days prior to trial. Failure to have objections to exhibits heard prior to trial will result in waiver of objection.

CRITICAL

Applies to

Affidavit of assets

An Affidavit of Assets must be filed before the hearing.

Affidavits of Assets must be e-filed prior to the hearing.

CRITICAL

A requested trial setting may be for a specific week no sooner than 45 days after the request, unless the Court grants leave or all counsel agree to an earlier setting.

The request may ask for a setting on a specific trial week, but no sooner than 45 days from the date of request, unless leave of court is obtained, or all Counsel agree to an earlier setting.

CRITICAL

An inventory must be filed within 90 days after the administrator qualifies unless the court enters a written order extending the filing time after an application.

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.

WARNING

Counsel may file a written objection to a trial-setting request within seven days after receiving it.

Any counsel may file a written response to the request within 7 days after receipt stating any objection to the request for setting.

WARNING

Counsel may file a written objection to a trial-setting request within seven days after receiving it.

Any counsel may file a written response to the request within 7 days after receipt stating any objection to the request for setting.

WARNING

The Court acts immediately on proposed orders and judgments approved by all counsel; otherwise, it acts after 20 days on an appropriate motion if no written objection is received, subject to any specific period required by the Texas Rules of Civil Procedure after citation.

The Court will act immediately on proposed orders and judgments on which all Counsel have approved by signature. On all other proposed orders and judgments, the Court will act, upon an appropriate motion for entry, after twenty (20) days from the date of notification, if the Court receives no written objections or oppositions, or unless the Texas Rules of Civil Procedure require a specific period after citation.