Kendall County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Pre trial motion

Must include

proposed order, certificate of service

A pre-trial motion set for hearing must include the specified motion statements, signatures and certifications, presentation notice, and proposed order.

Each pre-trial motion that is set for hearing must contain the following: 1. A statement of the relief sought, the facts pertinent to the motion, and supporting argument with authorities; 2. Signature of counsel and, where required, by the defendant; 3. Sworn to when required; 4. A certificate of service and statement of consultation with opposing counsel and that the matter[s] raised in the motion were not resolved, or if no consultation, then an explanation thereof; 5. A notice that the motion will be presented to the Court, with or without evidence, at the final pre-trial hearing or the alternate date chosen (per II.G.a. above); and 6. A proposed order granting or denying the motion in full or in part.

CRITICAL

Applies to

Pleading or motion requiring setting

A pleading or motion requiring a Court setting must be on file with the District Clerk, and a formal request for oral hearing or submission must be filed with it as a separate instrument.

B. PLEADING / MOTIONS / SETTINGS - Any pleading or motion that requires a setting with the Court must be on file with the District Clerk's Office. When filing any pleading or motion that requires a setting by the Court, a formal "Request for Oral Hearing" or "Request for Submission" must be filed with the pleading, as a separate instrument, in accordance with these rules.

CRITICAL

Applies to

Notice setting

Must include

certificate of conference

A Notice Setting must include a Certificate of Conference signed by the movant.

3. The Notice Setting must contain a Certificate of Conference (described below) signed by the movant.

CRITICAL

Applies to

Motion

Motions should be filed with the District Clerk's office not the Court. Motions shall be in writing and shall contain a summary of the argument.

Motions should be filed with the District Clerk's office not the Court. Motions shall be in writing and shall contain a summary of the argument.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion must include a proposed order granting relief, filed separately unless the motion, order, signature lines, and certificate of service fit on one page; without an order, the motion is incomplete and will not be considered.

All motions shall be accompanied by a proposed order granting the relief sought. The proposed order shall be filed as a separate instrument, unless the entire motion, order, signature lines and certificate of service are all on one page. If there is not a Proposed Order accompanying the motion, the motion will be deemed not complete and will not be considered, reviewed, or ruled on.

CRITICAL

Applies to

Response

Responses must be written and timely filed; failure to file one timely is treated as a representation of no opposition.

Responses shall be in writing and timely filed. Failure to timely file a response will be considered a representation of no opposition.

CRITICAL

Applies to

Response

Must include

proposed order

Each response must include a proposed order denying relief, filed separately unless the response, order, signature lines, and certificate of service are all on one page.

All responses shall be accompanied by a proposed order denying the relief sought filed as a separate instrument. The proposed order shall be filed as a separate instrument, unless the entire response, order, signature lines and certificate of service are all on one page.

CRITICAL

Applies to

Motion

Must include

certificate of conference

All motions must include a Certificate of Conference documenting consultation, agreement or impasse and exchanged dates, estimated hearing time, and contact information for counsel and self-represented litigants.

d. Certificate of Conference – a certificate of conference shall be included with all motions and must contain the following information: 1. That counsel has conferred with the opposing party. 2. The parties are agreeable to the date of the submission or oral hearing, if any, or the parties are unable to agree upon the date and the reason for the impasse plus the dates exchanged. 3. The estimated time for the hearing, if any. 4. Names, fax number, and email addresses, if any, of all counsel of record. 5. Names, addresses, email addresses, and fax numbers, if any, of all SRLs who are a party to the suit.

CRITICAL

Applies to

Order setting

After contacting the Court Coordinator and agreeing on a date with all counsel, the requesting party must send the Court a copy of the file-marked Motion and an Order Setting for entry.

a. After contacting the Court Coordinator and obtaining an agreeable date with all counsel, the requesting party shall forward a copy of the file marked Motion and an Order Setting to the Court for entry.

CRITICAL

Applies to

Certificate of conference

Must include

certificate of conference

If the parties cannot agree on a hearing date, the Certificate of Conference must state the dates exchanged and the reason for the impasse.

If the parties cannot agree to a hearing date, a certificate of conference must contain the dates exchanged and the reason for impasse.

CRITICAL

Applies to

Temporary restraining order application

An ex parte TRO or Protective Order application must be accompanied by a verified complaint or affidavit stating specific facts and intelligible grounds; testimony is not heard except for the specified Texas Family Code motion, and conclusions alone are insufficient.

An application for a Temporary Restraining Order and/or Protective Order, to be granted without notice to the adverse party, will be considered only upon the applicants verified complaint or affidavit accompanying the application and, except for a s. 83.006 Texas Family Code Motion***, no testimony will be heard. No Temporary Restraining Order and/or Protective Order will be granted without notice to the adverse party unless the applicants verified complaint or affidavit accompanying the application contains "specific facts" and a "plain and intelligible statement of the grounds for such relief," as required by rules 682 and 680 of the Texas Rule of Civil Procedure. No such Temporary Restraining Order shall be granted upon a complaint or affidavit containing mere conclusions, even if verified.

CRITICAL

Applies to

Ex parte order

Ex parte orders in family law matters must satisfy Texas Family Code section 83.

b. Ex parte orders in family law matters must meet the requirements of the Texas Family Code s. 83.

CRITICAL

Applies to

Ex parte order application

When presenting an ex parte order application, counsel must certify in writing that the opposing party is unrepresented or, if represented, that counsel was notified and declines to be heard or that diligent notice efforts were unsuccessful or impracticable.

F. APPLICATION FOR EX PARTE ORDERS – Counsel presenting any application for an ex parte Order shall, at the time the application is presented to the Court, certify in writing that: a. To the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or b. If the party against whom the relief is sought is represented by counsel, that (a) such counsel has been notified of the application and does not wish to be heard by the Court thereon or (b) counsel presenting the application has diligently attempted to notify the opposing counsel, has been unable to do so, and/or the circumstances do not permit additional efforts to give such notice.

CRITICAL

Applies to

Original citation

Counsel must attach the Appendix I standing order to the original citation in divorce and parent-child relationship suits; it remains in effect during the suit unless the Court modifies or sets it aside.

The "Standing Order Regarding Property and Conduct of Parties in Divorce" and "Suits Affecting the Parent-Child Relationship" attached hereto as Appendix I, is to be attached by counsel to the original citation in all suits of divorce and suits affecting the parent-child relationship. The order attached as Appendix I will remain in effect throughout the pendency of a suit unless specifically modified or set aside by the Court.

CRITICAL

Applies to

Income and expense statement

For contested support hearings, attorneys must prepare complete written income and expense statements for their clients and present them to the court before the hearing.

The attorneys in all contested hearings concerning support shall prepare complete written income and expense statements as to their respective clients and present same to the court prior to the hearing.

CRITICAL

Applies to

Asset and liability inventory

In contested property-division cases with more than $250,000 in disputed assets, the attorney must submit a complete written inventory of the client's marital and separate estate assets and liabilities before trial.

In all contested cases involving the division of property where the value of assets in dispute exceeds $250,000, the attorney shall prepare, or have prepared, a complete written inventory of the assets and liabilities of the marital estate and of the separate estate of their respective client and submit same to the Court prior to trial.

CRITICAL

Applies to

Request for setting

Must include

certificate of service

When no docket control order governs or it is not being followed, a written Request for Setting must be submitted directly to the Court Coordinator, not filed with the Clerk, and must include the specified information and an Order Setting with an agreed date.

If a docket control order has not been entered or is not being adhered to; a setting for a trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Coordinator. The party requesting the setting should not file the Request with the Clerk. The Request for Setting shall contain the following: 1. The style and the number of the case; 2. The name, telephone and fax numbers, and address of the attorney (or SRL) making the request and the opposing counsel (or SRL); 3. The date on which the jury fee was paid if a jury trial is being sought; 4. A statement that the pleadings of the party requesting the setting are in order; 5. A statement that mediation is scheduled, has been completed or none is required; 6. A statement that all discovery has been completed or none is desired; 7. A statement that all pre-trial matters have been disposed of or none are pending (if pre-trial matters remain pending the request shall state the nature of same, the party asserting same, the estimated time for hearing same and possible dates for a pre-trial hearing which have been cleared with opposing counsel or the SRL); 8. Possible dates for the trial of the cause which have been cleared with opposing counsel or the SRL (if opposing party will not agree to the dates for trial, the dates proposed and the reason for the refusal to agree); 9. The estimated time for trial; 10. A certificate that a copy of the Request for Setting has been served on all counsel or the SRL in the case, the name and address of each attorney and the date of service; 11. The signature of the attorney making the Request; and 12. An Order Setting with an agreed date should be attached to the Request.

CRITICAL

Applies to

Joint pretrial order

The parties must submit the required Joint Pre-Trial Order no later than two weeks before trial, including the specified case, motion, factual, legal, witness, exhibit, objection, and trial-length information.

Prior to the final trial on the merits, the Court will send the parties a letter requiring the submission of a Joint Pre-Trial Order seeking the submission of the following not later than two weeks prior to trial: 1. A brief statement of the case and contentions of the parties; 2. List of unresolved motions; 3. All stipulated facts and all factual issues in controversy necessary for final disposition of the case; 4. The identification of legal matters to be ruled on or decided by the court; 5. Agreed applicable propositions of law and contested issues of law, if applicable; 6. Attach proposed charge questions, instructions, and definitions for a jury case, if applicable; 7. The exchange of a list of direct fact witnesses, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before the time of trial, who will be called to testify at trial, stating their address and telephone number, and the subject of the testimony of each such witness; 8. The exchange of a list of expert witnesses who will be called to testify at trial, stating their address and telephone number, and the subject of the testimony and opinions that will be proffered by each expert witness; 9. The marking and exchanging of all exhibits that any party may use at trial and stipulation to the authenticity and admissibility of exhibits to be used at trial; 10. Written trial objections to the opposite party's exhibits, stating the basis for each objection; and 11. Estimated length of trial.

CRITICAL

Applies to

Rule 11 agreement

After a civil case settles following its announcement ready for trial, all parties must sign and immediately file a Rule 11 agreement stating that the case has settled.

In the event a civil case settles after the announcement of ready to proceed to trial, the Court requires that a Rule 11 agreement be signed by all parties and filed with the District Clerk's Office immediately. The Rule 11 agreement will announce that the case has settled.

CRITICAL

Applies to

Exhibit list

Before trial in family and civil matters, the parties must confer about exhibit admission and prepare an exhibit list to share with the official court reporter.

A. It is the policy of this Court that in all family and civil matters, the parties shall confer and determine, prior to trial, which exhibits will be pre-admitted and which exhibits will require a ruling from the Court on objections to their admission. The parties shall prepare an exhibit list prior to trial to be shared with the official court reporter.

CRITICAL

Applies to

Petition

The Petitioner must attach this order to the original petition and each copy, and the Clerk must ensure the copies are attached at filing if the Petitioner has not done so.

7.1 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;

WARNING

Applies to

Pre trial motion

The Court may refuse to consider a pre-trial motion that does not comply with the stated requirements.

c. The Court may refuse to consider any pre-trial motion that fails to comply with these rules.

WARNING

Applies to

Order setting matter

At the bottom of all orders setting matters, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorneys' email address and fax numbers (if any). If they are self-represented litigants, please give their mailing address[es], email address[es] and fax number (if any).

At the bottom of all orders setting matters, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorneys' email address and fax numbers (if any). If they are self-represented litigants, please give their mailing address[es], email address[es] and fax number (if any).

WARNING

Applies to

Motion

Must include

certificate of service

Every motion should include opposing counsel’s contact information under the Certificate of Service.

At the end of all MOTIONS, please include the opposing counsel's name, address, phone number, email address and fax number (if any) under the Certificate of Service.

WARNING

Applies to

Notice setting

The Court will not hold a date or place a setting on its docket until the Judge signs the Notice Setting.

The Court will not hold any dates until your Notice Setting has been signed by the Judge. If no Notice Setting is signed by the Judge, then no setting is on the Court's docket.

WARNING

Applies to

Hearing materials

Counsel should bring a copy of an order approving or denying the requested relief to any hearing.

Counsel should bring to any hearing a copy of an order approving or denying the requested relief.

WARNING

Applies to

Hearing materials

If an oral hearing is granted or requested by the Court, the parties must provide copies of relevant case law and discovery with pertinent provisions highlighted; the Court prefers electronic delivery by flash drive over hard copy.

If an oral hearing is granted or requested by the Court, the parties shall provide copies of relevant case law and discovery (with pertinent provisions highlighted). The Court prefers to receive this information electronically via flash drive rather than hard copy.

WARNING

Applies to

Temporary orders

Requests for temporary orders, temporary restraining orders, or protective orders must not duplicate standing orders already in effect.

Requests for Temporary Orders, Temporary Restraining Orders or Protective Orders shall not duplicate the Court's standing orders, which are already in effect as discussed herein.

WARNING

Applies to

Order setting

After obtaining available dates, contact opposing counsel or the SRL to agree on a date, forward the agreed date to the Court Coordinator, and treat it as unconfirmed until the Court signs the Order Setting.

After you have the available dates, please contact opposing counsel or SRL to obtain a date that is agreeable to ALL PARTIES. Once you have an agreed date, fill in that date with a statement that this date is agreeable to all and forward to the Court Coordinator for entry with the Court. THE DATES PROVIDED ARE NOT CONFIRMED UNTIL THE ORDER SETTING IS RECEIVED AND SIGNED BY THE COURT.