Karnes County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements7 rules
8.1. The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
If the Petitioner has not attached this order, the Clerk must ensure it is attached to the petition and every copy presented when the petition is filed.
Court's wording
At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.
When presenting an ex parte application, counsel must inform the Court of the specified notice to opposing counsel, diligent unsuccessful notice efforts and circumstances preventing more efforts, or reasons notice would effectively deny relief.
Court's wording
Counsel presenting any application for an ex parte order shall, at the time the application is presented to the Court, inform the court: A. If the party against whom the relief is sought is represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) counsel presenting the application has diligently attempted to notify opposing counsel, has been unable to do so, and the circumstances do not permit additional efforts to give such notice, or (iii) reasons exist that informing opposing counsel would effectively deny the applicant the relief requested.
1. Submit an Order Setting to the Court, with a Request for Setting when obtaining a trial date, or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.
Always advise the Court in your request that you have contacted the opposing counsel and that they are available for hearing on the date you have requested.
When temporary support of a spouse or child is at issue, each party must furnish specified earnings records before or at the hearing.
Court's wording
In all cases in which temporary support of a spouse and/or the child is in issue, each party shall be required to furnish, prior to or at the time of the hearing, all payroll statements, pay stubs, W2 forms and 1099 forms which evidence that party’s earnings for the calendar year prior to
When setting or resetting a case for trial, pre-trial, etc., please advise the Court Administrator as to the estimated time you will need for the hearing.
Filing & Service rules
Service and Proof of Service Rules
If no substitute attorney will appear, the party must consent in writing to withdrawal or the withdrawing attorney must give the client written notice of the motion and its setting by one of the listed methods.
If another attorney is not to be substitute as attorney for the party, the party must either consent in writing to the motion to withdraw, or the withdrawing attorney shall notify the client in writing of the motion to withdraw and a notice of setting on the motion. Notice shall be sent by certified mail, return receipt requested, first class mail, or email.
Page 4 | RULE 1.5 WITHDRAWAL OF COUNSEL — A. Notice to Client
A responding party seeking affirmative relief on temporary orders must serve the application and hearing notice on the adverse party under Texas Rules of Civil Procedure 5 and 21a.
An application to the Court for a temporary order and notice of any hearing thereon which is presented by a party responding to an application for temporary orders in which that party is seeking affirmative relief shall be served on the adverse party in accordance with Rule 5 and Rule 21a of the Texas Rules of Civil Procedure, as amended.
Page 6 | RULE 4.1 TEMPORARY HEARINGS
Adjournment & Extension Requirements
A continuance or similar request may be granted only with all counsel’s consent or after nonjoining parties receive notice and an opportunity to object.
No request for a continuance, to pass, postpone or reset any trial, pretrial, or other hearing shall be granted unless counsel for all parties consent, or unless all parties not joining in such request have been notified and have had an opportunity to object.
Page 3 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — A. Consent or Notice Required
Unless all counsel consent in writing and the Court approves the continuance, a motion must be filed under the applicable Texas Rule of Civil Procedure and set through the Court Administrator’s website or like other motions; noncompliant motions are denied without prejudice to refiling.
Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as applicable, and the motion must be set by the Court Administrator’s website, or in the same manner as all other motions. Any motion that does not meet these requirements will be denied without prejudice to the right to refile.
Page 3 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — B. Contents of Motion
An attorney whose scheduled vacation conflicts with an opposing counsel’s trial date must file a motion for continuance seeking leave to reschedule.
If an opposing counsel sets a trial date which conflicts with the scheduled vacation, it is the responsibility of the vacationing attorney to file a motion for continuance seeking leave of court to reschedule said setting.
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