Jim Wells County Court at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
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Document Format Requirements15 rules
Documents must be in 300 dpi PDF searchable format.
- File type
- Hearing documents
Formatting
- •300 dpi
- •Searchable format
Playable audio and video files must be submitted in their original format; files not playable in one of the listed players must be converted to a compatible format and submitted electronically.
Court's wording
Audio and video files that can be played with the current version. including any extensions, of: (i) Windows Media Player, (ii) Apple Quicktime, or (iii) VideoLAN VLC MediaPlayer, must be submitted in its original format. If an audio/video file cannot be played on one of the three players, it must be converted by the attorney/party presenting the audio/video file at trial to a format that can be played on one of the players listed. The converted video must then he submitted electronically;
If an exhibit contains multiple photographs marked as a single exhibit number, each photograph shall be marked by a letter of the alphabet in alphabetical order.
(d) Bates stamped or numbered at the bottom, right corner of each page if the exhibit contains more than one page.
- More than 1 page
Formatting
- •Bates stamp or number each page in the bottom-right corner
Each exhibit must be labeled with its exhibit number in Arabic numerical order, the cause number, and an exhibit title.
Court's wording
(c) clearly labeled with the exhibit number (utilizing Arabic numerals in numerical order), cause number and provide a title for the exhibit (e.g., ABC Hospital Records for Plaintiff Jane Doe, Photographs of Accident Scene, etc.);
Such request shall be made by the requesting party utilizing the Setting Request Form provided on the Court’s website.
Civil jury trial settings may be requested by submitting a Setting Request Form requesting a Docket Control Conference.
Prior to the trial or court proceeding, all exhibits shall be marked numerically
- Exhibits
Formatting
- •Mark all exhibits numerically before trial or a court proceeding
If an exhibit consists of more than one page, each page shall be Bates stamped or numbered.
Each exhibit shall be contained in a single file (i.e., one exhibit per file name).
It is the intent of this rule that all evidence shall be submitted in an electronic format suitable for electronic filing and storage. The party who offers the exhibit is responsible for submitting the exhibit in the format required by this rule.
Exhibits must be clearly marked on the front of the exhibit and include the cause number.
- Exhibits
Formatting
- •Clearly mark the front of each exhibit and include the cause number
All exhibits shall be in the proper electronic format
- Exhibits
Formatting
- •Use the proper electronic format for all exhibits
Exhibits must not be password protected, encrypted, or protected by rights management.
- Exhibits
Formatting
- •Do not password protect, encrypt, or protect exhibits by rights management
Photographs must be of a resolution of not less than 2,048 x 1,536 pixels (approximately 3 megapixels). Grayscale images arc cncouragcd.
- Photographs
Formatting
- •Grayscale images are encouraged
Document Filing Requirements15 rules
The Petitioner must attach the Standing Order to the original petition and each copy; if the Petitioner does not, the Clerk must ensure the copies presented have it attached.
Court's wording
The Petitioner shall attach a copy of this Standing Order to the original petition and to each copy of the petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this Standing Order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this Standing Order is attached to the petition and every copy of the petition presented.
When a party files an inventory with opposing counsel, the party shall file a certificate of compliance with the District Clerk certifying that the inventory has been filed with the opposing counsel.
Each inventory must be signed under oath and describe and value the parties’ property and list their debts and liabilities, including the creditor and amount.
Court's wording
In contested divorce cases, each party shall file with opposing counsel not later than 60 days from Respondent’s appearance but in no event less than 30 days prior to a final trial setting, an inventory, signed under oath by that party, setting forth a description and value of all property (real and personal, community and separate) owned or claimed by either or both of the parties and a list of all debts and liabilities (stating the creditor and amount) owed by either or both parties.
Proof of completion of an approved educational program for divorcing parents must be filed with the clerk of the court prior to the granting of a final judgment.
An attorney seeking appointments must submit a letter of intent to the Court Manager specifying the desired case types, with any additional eligibility documentation required by other provisions.
Court's wording
Each attorney who desires to accept appointments as an attorney ad litem, a guardian ad litem or CUnICUS attorney shall submit a letter of intent to accept such appointments to the Court Manager for the county in which the attorney desires to accept appointments. The attorney must also specify the types of cases to which the attorney desires appointments under section 1.07 of these rules. If required by other provisions of these rules, the letter of intent must also be accompanied with any additional documentation that establish the attorney is eligible for appointments under these rules.
The voucher shall include all services provided to a single client, regardless of the number of cases disposed.
Except as provided by Rule 1.22, a request for prior approval of investigative, expert, or other litigation expenses must be filed in the trial court, state good cause, and include the specified descriptions, supporting facts, and itemized anticipated expenses; the request may be submitted ex parte.
Court's wording
Except as provided by Rule 1.22, prior court approval is required for reimbursement of investigative, expert and other litigation expenses. Requests for approval of litigation expenses shall be filed in the trial court setting forth good cause for the incurrence of these expenses. The request may be submitted exparte. The request must include: (a) a description of the type of investigation to be conducted, the type of expert to be retained, or the type of any other litigation expense; (b) specific facts that show that the investigation will result in discovery of admissible evidence, that the services of an expert are reasonably necessary to assist in the preparation of the client’s case, or the incurrence of any other litigation expenses is necessary to adequately represent the client; and (c) an itemized list of anticipated expenses for each investigation, expert or other litigation related expense.
All video and/or audio exhibits which contain a statement made by a party or witness shall be transcribed by the party offering same
provided to the Court Reporter prior to the commencement of the trial.
an exhibit list shall be furnished to the Court reporter.
- Document
- Exhibits
Must include
- •Exhibit list
All signatures must be original.
In criminal cases, transcriptions of video and/or audio statements by a party or a witness shall be made and disclosed in accordance with the Texas Code of Criminal Procedure.
Correspondence accompanying a proposed order submitted directly to the Court must state when and how it was sent for approval, whether opposing counsel or the pro se party communicated about it, and, if so, briefly summarize that communication.
Court's wording
The transmittal correspondence to the Court shall include: (a) the date on which the proposed order was submitted to opposing counsel or pro se party and the manner of transmittal, (b) a statement as to whether or not opposing counsel or pro se party has communicated with counsel concerning the proposed order, and (c) if communication was had, a brief summary of the contents of said communication.
If the trial court disapproves the requested amount, it must provide a written explanation for its findings.
Court's wording
The trial court shall determine the reasonableness of the amount requested based upon the time and labor required, the complexity of the case, and the experience and ability of the appointed counsel. If the trial court disapproves the requested amount. the trial court shall make written explanation for such findings.
An attorney may sign on behalf of another attorney with a notation that the order was signed “with permission” of said attorney.
Filing & Service rules
Electronic Filing Rules
All exhibits a party intends to offer into evidence and all orders and other documents a party intends to present to the Court for consideration shall be: (a) placed in a Dropbox Shared Folder
All exhibits a party intends to offer into evidence and all orders and other documents a party intends to present to the Court for consideration shall be: (a) placed in a Dropbox Shared Folder
Civil cases
Page 8 | ARTICLE III. REMOTE PROCEEDINGS
Each exhibit must be uploaded individually to the Dropbox Shared Folder.
(d) individually uploaded to the Dropbox Shared Folder;
Civil cases
Page 9
Filing Timing and Cure Windows
In contested divorce cases, each party must file an inventory no later than 60 days after Respondent’s appearance and at least 30 days before the final trial setting.
In contested divorce cases, each party shall file with opposing counsel not later than 60 days from Respondent’s appearance but in no event less than 30 days prior to a final trial setting, an inventory, signed under oath by that party, setting forth a description and value of all property (real and personal, community and separate) owned or claimed by either or both of the parties and a list of all debts and liabilities (stating the creditor and amount) owed by either or both parties.
Civil cases
Page 4 | INVENTORY IN DIVORCE CASES
Appointed counsel may file written objections, but must timely request a hearing; the stated deadline is within 30 days after the trial court disallows the fee or expense.
In the event that the trial court disallows part or all of any fees or expenses submitted, appointed counsel may file written objections to the trial courts action and request a hearing to show the trial court reasons that justify the amount requested on or before the expiration of thirty (30) days from the day that the trial court disallowed the fee or expense. APPOINTED COUNSEL MUST TIMELY REQUEST A HEARING UNDER THIS RULE. IF APPOINTED COUNSEL
Civil cases
Page 4 | B. COMPENSATION AND EXPENSES OF APPOINTED ATTORNEYS PAID BY TRIAL COURT
An appointed attorney must prepare and submit a fee-and-expense voucher within 30 days after trial-court disposition or exhaustion of all appeals.
Not later than thirty (30) days after the case is disposed by the trial court or all appeals are exhausted, the appointed attorney shall prepare and submit to the trial court a voucher for the payment of fees and expenses on a form provided by the trial court.
Civil cases
Page 4 | B. COMPENSATION AND EXPENSES OF APPOINTED ATTORNEYS PAID BY TRIAL COURT
An attorney may file a response to removal grounds within ten business days after receiving the Court’s notice.
The attorney may file a response to the grounds for removal on or before the expiration of ten (10) business days from the date of the receipt of the Court’s notice under this rule.
Civil cases
Page 5 | D. REMOVAL AND REINSTATEMENT FROM APPOINTMENT LIST
Appointed counsel who fails to timely request a hearing waives objections to the trial court’s award of attorney ad litem, guardian ad litem, or amicus attorney fees or expenses.
FAILS TO TIMELY REQUEST A HEARING, THE APPOINTED COUNSEL SHALL BE DEEMED TO HAVE WAIVED ANY OBJECTIONS TO THE TRIAL COURT’S AWARD OF ATTORNEY AD LITE1U. GUARDIAN AD LITEMOR A:iICUA ATTORNEY FEES OR EXPENSES.
Civil cases
Page 5
Materials for the court’s consideration must be placed in the Dropbox folder by 4:00 p.m. the day before the proceeding; if the proceeding is Monday, exhibits must be placed there by 4:00 p.m. the previous Friday.
All exhibits a party intends to offer into evidence and all orders and other documents a party intends to present to the Court for consideration shall be: (a) placed in a Dropbox Shared Folder before the court proceeding no later than 4:00 p.m. the day before the scheduled court proceeding. If the date falls on a Monday, the exhibits shall be placed in the Dropbox folder no later than 4:00 p.m. the previous Friday;
Civil cases
Page 8 | ARTICLE III. REMOTE PROCEEDINGS
If approval cannot be obtained within seven business days, the parties may submit the proposed order directly to the Court.
If approval cannot be obtained within seven (7) business days, the parties may submit proposed orders directLy to the Court for consideration.
Civil cases
Page 11
Service and Proof of Service Rules
Each party must provide the inventory to opposing counsel; it may not be filed with the Court unless the Court orders it.
In contested divorce cases, each party shall file with opposing counsel not later than 60 days from Respondent’s appearance but in no event less than 30 days prior to a final trial setting, an inventory, signed under oath by that party, setting forth a description and value of all property (real and personal, community and separate) owned or claimed by either or both of the parties and a list of all debts and liabilities (stating the creditor and amount) owed by either or both parties. Inventories shall not be filed with the Court except upon order of the Court.
Civil cases
Page 4 | INVENTORY IN DIVORCE CASES
Proposed orders and judgments concerning rulings in civil cases must be submitted to opposing counsel.
All proposed orders or judgments concerning rulings of the Court in civil cases shall be submitted to opposing counsel
Civil cases
Page 10 | 4.03
A copy of the transcription must be provided to all opposing parties in a timely manner.
a copy of the transcription shall be provided to all opposing parties in a timely manner.
Civil cases
Page 11 | 4.04. Exhibits
Filing Fees and Waivers
The Clerk may charge the Petitioner an appropriate fee for copies of the Standing Order in addition to filing fees.
The clerk may charge an appropriate fee to the Petitioner for providing copies of this Standing Order in addition to the filing fees.
Civil cases
Page 4 | SERVICE AND APPLICATION OF THIS ORDER
Sealing & Redaction Procedures
Sensitive Data in exhibits or witness statements must be redacted before admission into evidence.
All Sensitive Data, as defined in Rule 21c of the Texas Rule of Civil Procedure and Rule 4.1 of the Rules Governing Electronic Filing in Criminal Cases, contained in exhibits or witness statements shall be redacted prior to admission into evidence.
Civil cases
Page 11 | 4.04. Exhibits
Pre-Motion Conference Requirements
Covered parties must hold an informal settlement conference at least seven days before the final hearing and diligently try to resolve contested issues; failure may result in sanctions or postponement.
All parties involved in a suit for the dissolution of a marriage and/or in a suit affecting the parent/child relationship (excluding child protective services cases and Title IV-D cases) shall engage in an informal settlement conference at least seven (7) days prior to a scheduled final hearing. The parties shall make a diligent effort to identify and resolve all contested issues prior to the final hearing. Failure to engage in an informal settlement conference may lead to the imposition of sanctions and/or postponement of the final hearing.
Civil cases
Page 5 | INFORMAL PRE-TRIAL SETTLEMENT CONFERENCE
Chambers Communication Rules
Setting requests for non-jury court proceedings must be emailed to the appropriate court at the listed Court Manager address.
All setting requests for non-jury court proceedings shall be emailed to the appropriate court at: Estella Chapa, Court Manager countvcourtatlaw(co.jim-veIls.tx.us
Civil cases
Page 8 | ARTICLE III. REMOTE PROCEEDINGS
To be included in a Dropbox Shared Folder, a party or attorney must contact the listed court reporter and provide the hearing date, cause number, and case style.
A party or a party’s attorney must contact the following to be included on a Dropbox Shared Folder and also provide the date of hearing. cause number, and style for a requested shared folder: Patricia Morales;, Official Court Reporter patricia.morales’co.jim-wells.tx.us
Civil cases
Page 8 | ARTICLE III. REMOTE PROCEEDINGS
A pro se party who lacks the necessary electronic equipment must contact the appropriate court at least 72 hours before the proceeding so arrangements can be made.
If a party to the court proceeding is pro se and does not have access to electronic equipment that is necessary to attend the video court proceeding, that party must contact the appropriate court, at least seventy-two (72) hours in advance of the scheduled court proceeding. The court will make appropriate arrangements so that the pro se party can attend and participate in the court proceedings. The County Court at Law may be contacted at: Telephone number: 361-668-5898 Email: countvcourtatlav(co.jim-wells.tx.us
Civil cases
Page 9 | 3.08
A party seeking a temporary injunction hearing, including one requesting a temporary restraining order, must contact the Court Manager for a hearing date.
A party seeking a setting for a temporary injunction hearing (including those where a temporary restraining order is being requested) must contact the Court Manager for a hearing date.
Civil cases
Page 10 | 4.01
The Court sets Docket Control Conferences, which are conducted by telephone with all parties or their counsel participating.
All Docket Control Conferences shall be set by the Court and shall be conducted telephonically by the Court Manager with all parties or their legal counsel participating.
Civil cases
Page 10 | 4.02
ANY EXHIBIT WHICH A PARTY CLAIMS IS CONFIDENTIAL AND/OR PRIVILEGED SHOULD BE CLEARLY IDENTIFIED AND EMAILED DIRECTLY TO THE COURT MANAGER. THESE EXHIBITS SHOULD NOT BE PLACED [N A DROPI3OX SHARED FOLDER.
ANY EXHIBIT WHICH A PARTY CLAIMS IS CONFIDENTIAL AND/OR PRIVILEGED SHOULD BE CLEARLY IDENTIFIED AND EMAILED DIRECTLY TO THE COURT MANAGER. THESE EXHIBITS SHOULD NOT BE PLACED [N A DROPI3OX SHARED FOLDER.
Civil cases
Page 8 | ARTICLE III. REMOTE PROCEEDINGS