Court Rules

Kaufman County District Courts Document Filing Requirements

37 rules from official source documents

Required elements, certificates, and structural requirements for court documents. This page is scoped to Kaufman County District Courts; use the court rules overview to switch categories without leaving this court.

Applies to
Petition

In a divorce case or SAPCR, the petitioner must attach a copy of the standing order to the original petition and every copy of the petition.

The Petitioner in a divorce case or SAPCR shall attach a copy of this Order to the Original Petition filed in the case and each copy of the Petition.

Court-level rulesCRITICALOfficial source
Applies to
Petition

If the petitioner omitted the standing order, the District Clerk must attach a copy to the petition and every copy presented at filing.

At the time the Petition is filed, if the Petitioner has not attached a copy of this Order to the Petition, the District Clerk shall ensure that a copy of this Order is attached to the petition and every copy of the petition presented.

Court-level rulesCRITICALOfficial source
Applies to
Agreed order

Before a jury trial or court trial, the parties must file an agreed order selecting mediation or another form of ADR and identifying the mediator or arbitrator.

ii. Prior to the setting of a jury trial.or trial before the court, the partjes will file an agreed order for Mediation or another form of Alternative Disputt Resolution, statingthe name of the mediator or arbitrator.

Court-level rulesCRITICALOfficial source
Applies to
Request to assign mediator or other adr

If the parties cannot agree on ADR, they must file a request asking the court to assign a mediator or to approve a different form of ADR.

iii. If the parties cannotcome to an agreement, then the parties shall file with the Court a Request to Assign a Mediator or a request for a different type of Alternative Dispute Resolution.

Court-level rulesCRITICALOfficial source
Applies to
Motion
Must include
proposed order

An unopposed motion must be accompanied by a proposed order signed by all counsel indicating approval.

If not opposed, the moving party shall accompany the motion with a proposed order signed by all counsel indicating approval of same.

Judge Casey L. BlairCRITICAL
Applies to
Motion
Must include
certificate of conference

An opposed motion must include a certificate of conference signed by the attorney in charge or the pro se party.

If the motion will be opposed, the following certificate shall be attached to the motion and signed by the attorney in charge (or party pro se):

Judge Casey L. BlairCRITICAL
Applies to
Notice of hearing
Must include
certificate of conference

A certificate of conference is required on all notices of hearing and must state the attorney’s contact with all parties, the parties’ agreement to the proposed hearing, or that the parties did not respond within the stated number of days.

Certificate of Conference (REQUIRED ON ALL NOTICES) I the undersigned attorney certify that on ________(date) I reached out to all parties regarding setting a hearing on ________________(motion) and all parties are in agreement with the above stated date and time OR the parties have not responded within ___ days and I am asking that the court set the hearing.

Judge Casey L. BlairCRITICAL
Applies to
Order

The court will not sign an order unless it contains either all attorneys’ signatures as to form or proof of notice to attorneys of record with a ten-day written-objection period.

The Court will not sign an order that does not contain either the signature of all attorneys as to form or proof of notice that said order has been presented to all attorneys of record requesting the same to file written objections within ten (10) days.

Judge Casey L. BlairCRITICAL
Applies to
Motion

An attorney of record must present a motion and obtain a court order granting leave before withdrawing from a case.

No attorney of record shall be permitted to withdraw from any case without presenting a motion and obtaining from the Court an order granting leave to withdraw pursuant to Texas Rules of Civil Procedure 10.

Judge Casey L. BlairCRITICAL
Applies to
Letter

The required withdrawal letter must be mailed to the client, advise the client of ten days to object in writing, and state that the motion will be granted if no objection is raised.

The letter required under TRCP shall be sent to the client advising that the client has ten (10) days after the date of mailing the letter to make any objection to such withdrawal to the Court, in writing, and that if not done and no objection raise, the motion shall be granted.

Judge Casey L. BlairCRITICAL
Applies to
Ex parte order application
Must include
local rule certificate

Before presentation, every ex parte order application must include a signed written certification selecting one of the stated alternatives.

Prior to presentment, all applications for ex parte orders shall certify in writing, signed by the party or attorney, one of the following:

Judge Casey L. BlairCRITICAL
Applies to
10 day letter

A 10-day letter notifying the court of a proposed order must inform all parties of their right to object in writing.

Presentment of orders to the court by 10 day letter must notify all parties of their right to object to the entry of the proposed order by objecting in writing to the court.

Judge Casey L. BlairCRITICAL
Applies to
Temporary orders

Temporary orders must include selected trial dates or be accompanied by a scheduling order, and mediation is required before trial.

Trial dates need to be selected and added to the temporary orders or a scheduling order needs to be submitted along with the temporary orders. Mediation is required before trial.

Judge Casey L. BlairCRITICAL
Applies to
Motion
Must include
certificate of conference

An opposed motion must have the specified certificate of conference attached and signed by the attorney in charge or the pro se party.

If the motion will be opposed, the following certificate shall be attached to the motion and signed by the attorney in charge (or party pro se):

Judge Casey L. BlairCRITICAL
Applies to
Notice of hearing
Must include
certificate of conference

A certificate of conference is required on every notice of hearing.

Certificate of Conference (REQUIRED ON ALL NOTICES)

Judge Casey L. BlairCRITICAL
Applies to
Notice of hearing
Must include
certificate of conference

The hearing notice certificate must state the date of contact, identify the motion, and either establish agreement to the proposed hearing or state that parties failed to respond within the specified number of days.

I the undersigned attorney certify that on ________(date) I reached out to all parties regarding setting a hearing on ________________(motion) and all parties are in agreement with the above stated date and time OR the parties have not responded within ___ days and I am asking that the court set the hearing.

Judge Casey L. BlairCRITICAL
Applies to
Continuance motion
Must include
certificate of conference

A certificate of conference is required for a continuance motion.

A certificate of conference is required.

Judge Casey L. BlairCRITICAL
Applies to
Notice of hearing
Must include
certificate of conference

The notice of hearing must include a certificate of conference.

You must then efile a seperate notice of hearing and include a certificate of conference to have your motion set.

Judge Casey L. BlairCRITICAL
Applies to
Motion
Must include
proposed order

For an unopposed motion, the moving party must attach a proposed order signed by all counsel indicating approval.

If not opposed, the moving party shall accompany the motion with a proposed order signed by all counsel indicating approval of same.

Judge Casey L. BlairCRITICAL
Applies to
Scheduling order

Parties may set final hearings using an agreed scheduling order, but the order must include mediation.

Final hearings may be set by parties with an agreed scheduling order that must include mediation.

Judge Casey L. BlairCRITICAL
Applies to
Ex parte application

Every ex parte application must include a signed written certificate stating one of the prescribed circumstances before presentment.

Prior to presentment, all applications for ex parte orders shall certify in writing, signed by the party or attorney, one of the following:

Judge Casey L. BlairCRITICAL
Applies to
10 day letter

A 10-day letter presenting an order must notify all parties of their right to object in writing to the court.

Presentment of orders to the court by 10 day letter must notify all parties of their right to object to the entry of the proposed order by objecting in writing to the court.

Judge Casey L. BlairCRITICAL
Applies to
Temporary order

Temporary orders must include a selected trial date, or a scheduling order containing the trial date must be submitted with them.

Trial dates need to be selected and added to the temporary orders or a scheduling order needs to be submitted along with the temporary orders.

Judge Casey L. BlairCRITICAL
Applies to
Expert challenge

Daubert/Dupont expert challenges must be filed at least 10 days before the hearing.

All “Daubert/Dupont” expert challenges must be on file at least 10 days before hearing.

Judge Casey L. BlairCRITICAL
Applies to
Pretrial motion

All pretrial motions must be filed 10 days before the formal pretrial conference and will then be heard at that conference.

All pre-trial motions (Motions in Limine, etc.) shall be filed 10 days before the formal pre- trial conference and will be heard at the formal pre-trial conference.

Judge Casey L. BlairCRITICAL
Applies to
Motion
Must include
proposed order

An unopposed motion must be accompanied by a proposed order signed by all counsel to indicate their approval.

If not opposed, the moving party shall accompany the motion with a proposed order signed by all counsel indicating approval of same.

Judge Shelton T. W. Gibbs IVCRITICAL
Applies to
Motion
Must include
certificate of conference

An opposed motion must include the prescribed conference certificate, signed by the attorney in charge or pro se party, stating that conference succeeded or detailing unsuccessful attempts to resolve the issues.

If the motion will be opposed, the following certificate shall be attached to the motion and signed by the attorney in charge (or party pro se): Certificate of Conference I, the undersigned attorney (or party pro se), hereby certify to the Court that: I have conferred with opposing counsel to resolve the issues contained in this motion without the necessity of Court intervention. OR At________(time) on _____________________(date), I attempted to reach opposing counsel and left a specific message that the purpose of my call was to attempt to resolve the issues contained in this motion without the necessity of Court intervention or could not leave a message because________________________________________. Such efforts have been unsuccessful, and it is necessary to set a hearing on this motion.

Judge Shelton T. W. Gibbs IVCRITICAL
Applies to
Notice of hearing
Must include
certificate of conference

The undersigned attorney must certify on every notice whether all parties agree to the motion’s court date or have not responded within the stated number of days.

Certificate of Conference (REQUIRED ON ALL NOTICES) I the undersigned attorney certify that on ________(date) I reached out to all parties regarding setting _________(motion) on __________(court date) and all parties are in agreement OR the parties have not responded within ______ days and I am asking that the court set the hearing.

Judge Shelton T. W. Gibbs IVCRITICAL
Applies to
Letter
Must include
proposed order

A 10-day letter must notify all parties in the prescribed language of their right to object in writing within 10 days, after which the case may be set for a motion to enter if an objection is filed.

Presentment of orders to the court by 10 day letter must notify all parties of their right to object to the entry of the proposed order by objecting in writing to the court. The case may then be set for a Motion to Enter should any party to the suit file an objection to the entry of the order within the 10 day period. Language sufficient to satisfy the requirement of this rule is as follows: NOTICE TO ADVERSE PARTIES If you object to the language or terms set forth in the (choose one) Temporary Orders/Decree/Judgment attached to this (choose one) Motion/letter, you should state your objections by letter to the Court within ten days of the (choose one) filing of this Motion/date of this letter. If you do not, it is the policy of the Court to sign the Orders as presented with this (choose one) Motion/letter. Any objection should be sent to the Court Coordinator of the 422ND District Court, 1902 E US Highway 175 P.O. Box 729, Kaufman, Texas, 75142 or through efile.

Judge Shelton T. W. Gibbs IVCRITICAL
Applies to
Exparte order
Must include
certificate of conference

Before an ex parte order is presented, the application must include a written certificate signed by the party or attorney using one of the prescribed certification options.

Prior to presentment, all applications for ex parte orders shall certify in writing, signed by the party or attorney, one of the following:

Judge Shelton T. W. Gibbs IVCRITICAL
Applies to
Adr results report

After ADR concludes, the parties or counsel must inform the court of the results.

2·. After the conchision of the ADR, the parties cir counsel wili inform the Court as to the results.

Court-level rulesWARNINGOfficial source
Applies to
10 day letter

If a party objects in writing during the 10-day period, the case may be set for a Motion to Enter.

The case may then be set for a Motion to Enter should any party to the suit file an objection to the entry of the order within the 10 day period.

Judge Casey L. BlairWARNING
Applies to
Notice of hearing
Must include
caption

The Notice of Hearing form must identify the hearing, court location, and hearing date.

Notice is given that a hearing on ____________________________ is set in the 86th District Court located on the 3rd Floor at 1902 E US Hwy 175, Kaufman, Texas 75142 on the ___ day of ___________, 202__.

Judge Casey L. BlairWARNING
Applies to
Trial summary

Two weeks before trial, each party must produce a concise trial summary addressing the causes of action or defenses, their elements, and any applicable damages standard, preferably within one page.

Each party is directed to produce the following two weeks prior to trial: 1) A concise trial summary as follows: State each separate cause of action and/or defense; each element of each cause of action and/or defense; if appropriate, a precise legal standard for measure of damages. Please be as brief and concise as possible. This summary is intended to be an aid for the Judge and staff, and should be limited to one page if possible.

Judge Casey L. BlairWARNING
Applies to
Jury instructions

Each party must produce proposed jury charges two weeks before trial.

2) Proposed jury charges.

Judge Casey L. BlairWARNING
Applies to
Exhibits

Each party must produce all documentary evidence and exhibits two weeks before trial for possible stipulations concerning authenticity and admissibility.

3) All documentary evidence and exhibits (for the purpose of stipulating to the authenticity and admissibility of exhibits).

Judge Casey L. BlairWARNING
Applies to
Final hearing notice

The court administrator may set final hearings on the merits without a certificate of conference.

An Administrator may set final hearings on the merits without a certificate of conference.

Judge Casey L. BlairINFO
Common questions about Kaufman County District Courts document filing requirements

What must be included with motion filings in Kaufman County District Courts?

The rule requires proposed order. An unopposed motion must be accompanied by a proposed order signed by all counsel indicating approval.

View ruleSource: page 1, section Certificates of Conference

What must be included with notice of hearing filings in Kaufman County District Courts?

The rule requires certificate of conference. A certificate of conference is required on all notices of hearing and must state the attorney’s contact with all parties, the parties’ agreement to the proposed hearing, or that the parties did not respond within the stated number of days.

View ruleSource: page 3, section Certificate of Conference

What must be included with order filings in Kaufman County District Courts?

The rule identifies required filing content or certificates. The court will not sign an order unless it contains either all attorneys’ signatures as to form or proof of notice to attorneys of record with a ten-day written-objection period.

View ruleSource: page 6, section DWOP After Rendition Or Announced Settlement

What must be included with letter filings in Kaufman County District Courts?

The rule identifies required filing content or certificates. The required withdrawal letter must be mailed to the client, advise the client of ten days to object in writing, and state that the motion will be granted if no objection is raised.

View ruleSource: page 6, section WITHDRAWAL/SUBSTITUTION OF COUNSEL

What must be included with ex parte order application filings in Kaufman County District Courts?

The rule requires local rule certificate. Before presentation, every ex parte order application must include a signed written certification selecting one of the stated alternatives.

View ruleSource: page 7, section Certificates to Ex Parte Orders

What must be included with 10 day letter filings in Kaufman County District Courts?

The rule identifies required filing content or certificates. A 10-day letter notifying the court of a proposed order must inform all parties of their right to object in writing.

View ruleSource: page 8, section 10 DAY LETTERS