Kendall County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements5 rules
A motion requesting hourly compensation must state the supporting grounds and include a proposed order, or it will not be considered.
- Document
- Motion
Must include
- •Proposed order
Court's wording
Such approval shall be requested by written motion, which must specifically state the grounds supporting the need for hourly compensation and be submitted with a proposed order. Motions not accompanied by a proposed order will not be considered.
If the Court disapproves the requested amount, there shall be written findings stating the amount of payment approved and the reason for approving an amount different from that requested.
Hourly payment requests must include a detailed statement of services, dates, and time spent to the tenth of an hour, submitted with an unsworn declaration.
Court's wording
Each attorney shall prepare a detailed statement of the nature of the services performed, the date of such performance, and the actual time spent on each such date and service (to the tenth of an hour) for all hourly matters. Such statement shall be submitted with an unsworn declaration to the Court:
The Petitioner must attach this order to the original petition and each copy, and the Clerk must ensure attachment if the Petitioner fails to do so.
Court's wording
The Petitioner shall attach a copy of this 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 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;
The attorney whose request for payment has been disapproved may, by written motion, file an appeal with the Presiding Judge of the Administrative Region.
Filing & Service rules
Electronic Filing Rules
The State may serve notice of intent to use business records by electronically filing it with the clerk and providing a copy to defense counsel.
For purposes of Article 39.14 and Texas Rule of Evidence 902(10), the State may serve notice of intent to use business records by electronically filing the notice with the clerk and providing a copy to defense counsel.
Criminal cases
Page 2 | V. ELECTRONIC SERVICE OF BUSINESS RECORDS
Filing Timing and Cure Windows
Submit the hourly payment statement within 15 days after disposition by plea or bench trial.
a. Within 15 days of the date of disposition of a case by a plea or bench trial;
Criminal cases
Page 3 | III. REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
Hourly payment requests must be made within the Court's fiscal year by September 15; invoices submitted outside that fiscal year require prior Court approval to be paid.
ALL REQUESTS FOR PAYMENT FOR MATTERS BEING BILLED ON AN HOURLY BASIS MUST BE MADE WITHIN THE COURT'S FISCAL YEAR BY SEPTEMBER 15TH. INVOICES SUBMITTED OUTSIDE THE CURRENT FISCAL YEAR WILL NOT BE PAID WITHOUT PRIOR COURT APPROVAL.
Criminal cases
Page 3 | III. REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
Submit the hourly payment statement within 15 days after the verdict in a jury trial.
b. Within 15 days of the date of verdict in a jury trial;
Criminal cases
Page 3 | III. REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
Submit the hourly payment statement within 15 days after the mandate is returned in an appeal.
c. Within 15 days of the date the mandate being returned in an appeal;
Criminal cases
Page 3 | III. REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
The Court may require hourly payment statements at other intervals it orders.
d. At such other intervals as ordered by the Court.
Criminal cases
Page 3 | III. REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
Service and Proof of Service Rules
Discovery made available through the portal is deemed provided to defense counsel on the date it becomes available.
When discovery is made available through the portal, it is deemed provided to defense counsel on that date for purposes of Article 39.14.
Criminal cases
Page 1 | II. ELECTRONIC ACCESS TO DISCOVERY
Business records accompanying a Rule 902(10) notice are deemed served when made available through the State's portal, and the service date is the date the portal reflects that availability.
Business records accompanying a Rule 902(10) notice are deemed served if the records are made available to defense counsel through the State's electronic discovery portal. The date of service shall be the date the discovery portal reflects the records were made available to defense counsel.
Criminal cases
Page 2 | V. ELECTRONIC SERVICE OF BUSINESS RECORDS
Sealing & Redaction Procedures
A party must file an appropriate motion to seal records or restrict public access; merely designating a record as confidential does not require the clerk to seal it.
The mere designation of a record as "confidential" by a party does not, by itself, require sealing by the clerk. 3. A party seeking to seal records or restrict public access shall file an appropriate motion with the Court.
Criminal cases
Page 3 | VI. HANDLING OF CONFIDENTIAL MATERIALS
Adjournment & Extension Requirements
A failure to timely request access to non-reproducible materials, by itself, is not grounds for a continuance.
Failure to timely request access, standing alone, does not constitute grounds for a continuance.
Criminal cases
Page 1 | II. ELECTRONIC ACCESS TO DISCOVERY