Kerr County Court at Law Document Filing Requirements

CRITICAL

Applies to

Request for setting

A setting for trial on the merits will be made in response to a written file marked Request for Setting submitted directly to the Court Coordinator at the Kerr County Office.

A setting for trial on the merits will be made in response to a written file marked Request for Setting submitted directly to the Court Coordinator at the Kerr County Office.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach a copy of the Order to the original petition and each copy; if the Petitioner fails to do so, the Clerk must attach it when the petition is filed.

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.

CRITICAL

Applies to

Original citation

Counsel must attach Appendix 1, the Standing Order Regarding Property and Conduct of Parties, to the original citation in every divorce suit and suit affecting the parent-child relationship.

The Standing Order Regarding Property and Conduct of Parties in Divorce and Suits Affecting the Parent-Child Relationship" attached hereto as Appendix 1, is to be attached by counsel to the original citation in all suits of divorce and suits affecting the parent-child relationship.

CRITICAL

Applies to

Notice of extraneous offenses

Notice is deemed reasonable when given 10 days before trial, except when good cause is shown.

Said notice shall be deemed reasonable if given 10 days before trial except for good cause shown.

CRITICAL

Applies to

Request or cover letter

A request or cover letter must advise the Court that opposing counsel was contacted and is available on the requested hearing date.

ALWAYS ADVISE THE COURT IN YOUR REQUEST OR COVER LETTER THAT YOU HAVE CONTACTED THE OPPOSING COUNSEL AND THAT THEY ARE AVAILABLE FOR HEARING ON THE DATE YOU HAVE REQUESTED.

CRITICAL

Applies to

Request for setting

For a trial date, submit an Order Setting with a file-marked Request for Setting; for a pre-trial date, submit a letter stating the agreed date.

Submit an Order Setting to the Court, with a file marked copy of the 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.

CRITICAL

Applies to

Temporary restraining order application

An application for a TRO or Protective Order without notice will be considered only with an accompanying verified complaint or affidavit; no testimony will be heard except for an 83.006 Family Code Motion.

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 applicant's verified complaint or affidavit accompanying the application, and, except for an 83.006 Family Code Motion, no testimony will be heard.

CRITICAL

Applies to

Cover letter

The documents submitted for a hearing setting must include a cover letter stating that all counsel agreed to the date and giving the estimated hearing time.

A cover letter shall be included with the documents that states the following: a. All counsel has agreed to the date. b. The estimated time needed for the hearing.

CRITICAL

Applies to

Expert disclosure

Expert disclosures must be written and include each expert's name and address at minimum.

a) Such disclosure shall be in writing and include at a minimum the name and address of such person.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Each motion must include a certificate of conference stating that a conference occurred and its result.

In addition to any local or other rules concerning motions, no motion may be filed without first conferring with opposing counsel and attempting to resolve the matter, and including a certificate of conference on the motion which indicates the fact of conference, and the result thereof.

CRITICAL

Applies to

Original petition

The Court's Standing Order must be attached to the Original Petition in all family law cases.

The Court's Standing Order shall be attached to the Original Petition in all family law cases.

CRITICAL

Applies to

Request for setting

A setting will be made only in response to a proper written Request for Setting.

A setting will be made only in response to a proper written Request for Setting.

CRITICAL

Applies to

Expert disclosure request

Either side may request expert disclosures in writing by letter or email; no motion is necessary.

Upon written request by either side, (letter or email is adequate; no motion is necessary) and in accordance with Art. 39.14(b) of the Texas Code of Criminal Procedure, each side shall disclose to the other each person a party may use at trial to present expert testimony under Rules 702, 703 or 705, Texas Rules of Evidence.

CRITICAL

Applies to

Request for setting

A jury-trial Request for Setting must contain the listed case, party, counsel, jury-fee, readiness, mediation, discovery, pretrial, settlement, scheduling, service, and signature information.

The Request for Setting shall contain the following: The style and number of the case, and the county where the case is pending; b. The name, address, email address, telephone and fax numbers of the attorney making the request and the party represented by said attorney; The name address, email address, telephone and fax numbers of opposing counsel. If no opposing counsel, name, address, email address, (if any) and telephone number, of pro se party; d. The date on which the jury fee was paid; e. A statement that the pleadings of the party requesting the setting are in order; A statement that mediation has been completed or none is required. (1) Pending mediation, discovery may be abated by the parties; A statement that all discovery has been completed or none is desired. (1) If discovery is pending the request shall contain the date on which discovery is expected to be completed; A statement that all pre-trial matters have been disposed of or none is pending. (1) Per the Scheduling Order, if pre-trial matters are pending the request for setting 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; 1. A statement that the party requesting the setting has made a good-faith effort to negotiate a settlement of the case and further efforts appear futile;: Possible dates for the trial of the case which have been cleared with opposing counsel. (1) If opposing counsel will not agree to a date for trial, the dates proposed and the reason for opposing counsel's refusal to agree to same; k. The estimated time of trial; A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service; m. and the signature of the attorney making the Request.

CRITICAL

Applies to

Itemized statement

Court-appointed attorneys must provide an itemized statement of the hours spent representing an indigent defendant in court and out of court.

All court appointed attorneys shall provide the Court an itemized statement reflecting the number of hours spent in Court in representation of an indigent defendant and the number of hours spent out of Court representing said defendant.

CRITICALCriminal cases

Applies to

Hourly payment request

For all hourly matters, attorneys must prepare a detailed statement of services, dates, and time spent to the tenth of an hour, and submit it with an unsworn declaration to the trial judge.

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 trial Judge:

CRITICAL

Applies to

Request for setting

A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Coordinator at the Kerr County Office.

A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Coordinator at the Kerr County Office.

CRITICAL

Applies to

Order setting

Orders must be signed by the respective DA’s offices.

Orders shall be signed by respective DA's offices.

CRITICAL

Applies to

Income and expense statement

For every contested support hearing, 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

Hearing setting request

Once a date has been agreed with all counsel, the requesting party must send the file-marked motion and an Order Setting to the Court for entry.

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

Ex parte application

Counsel presenting any application for an ex parte Order shall, at the time the application is presented to the Court, certify in writing that: To the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or

Counsel presenting any application for an ex parte Order shall, at the time the application is presented to the Court, certify in writing that: To the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or

CRITICAL

Applies to

Impeachment evidence notice

Impeachment-evidence notice is deemed reasonable when given 10 days before trial, except when good cause is shown.

Notice shall be deemed reasonable if given 10 days before trial, except for good cause shown.

CRITICAL

Applies to

Filing

Pro Se filers must have a file-marked copy.

Pro Se filers must have a file marked copy.

CRITICAL

Applies to

Defense request letter

The Defense must make a timely written request by letter to the State's attorney, with a copy filed with the county clerk and provided to the State, to request notice of intended extraneous-offense evidence.

Upon timely written request by the Defense and in the form of a letter addressed to the attorney for the State, a copy of which shall be filed with the county clerk and provided to the State, the State is hereby ORDERED to give written notice to defense counsel regarding extraneous offenses or bad acts the State intends to introduce during the State's case in chief, as required by Rule 404(b) of the Texas Rules of Evidence.

CRITICAL

Applies to

Agreed order setting

The Agreed Order Setting must state the agreed date, and the submission to the Court Coordinator must include a statement that the date is agreed.

Once you have an agreed date, fill that date in on your Agreed Order Setting and forward both a courtesy copy of your file marked Motion and the proposed Agreed Order, along with a statement that the date is an agreed date, to the Court Coordinator for entry with the Court.

CRITICAL

Applies to

Order setting

The order must include counsel's names, fax numbers, and email addresses if any; for a pro se party, include names, addresses, and emails.

All Counsel's names, fax numbers and email addresses (if any) need to be on the order. (Names, addresses, emails, if pro se)

CRITICAL

Applies to

Motion

Must include

certificate of service

Each motion must include a certificate of service specifying the addressee, full address, and manner and means of service.

Additionally, a certificate of service must appear thereon which indicates the specific addressee and the full address, manner and means of service.

CRITICAL

Applies to

Asset and liability inventory

In contested property-division cases where the gross value of disputed assets exceeds $250,000, attorneys must prepare and submit a complete written inventory of their clients’ marital and separate estate assets and liabilities before trial.

In all contested cases involving the division of property where gross value of assets in dispute exceeds $250,000 the attorneys shall prepare 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

Order setting

An Order Setting must list at the bottom each counsel of record’s name, fax number, and email address if any, and each pro se party’s name, address, and email address if any.

The following shall be included at the bottom of the Order Setting: a. Names, FAX NUMBERS, and email addresses if any, of all counsel of record. b. Names, ADDRESSES and email addresses if any, of any Pro Se litigants who are a party to the suit.

CRITICALCriminal cases

Applies to

Motion

Must include

proposed order

An attorney seeking to bill hourly must obtain court permission by motion before billing; the motion should explain why an hourly rate is necessary and must include a proposed order.

If an attorney wishes to seek compensation based on an hourly rate due to the complexity of the case involved, the attorey must seek permission from the court prior to billing on an hourly basis. Such permission shall be sought by filing a motion. In such motion, the attorney should outline why an hourly rate is necessary. The motlon shall be accompanted by a proposed order. If no order Is provided, the hourly rate request will not be considered.

CRITICAL

Applies to

Jury questions

Each party must submit proposed jury questions when the parties announce ready.

At the time the parties announce ready, each party shall submit to the Court proposed jury questions.

CRITICAL

Applies to

Defense request letter

Upon timely written request by the Defense, and in the form of a letter addressed to the attorney for the State, a copy of which shall be filed with the county clerk and provided to the State, the State is hereby ORDERED to give written notice to defense counsel regarding any impeachment evidence by prior conviction the State intends to offer to impeach the defendant or a witness during any phase of the trial as required by Rule 609(f) of the Texas Rules of Evidence.

Upon timely written request by the Defense, and in the form of a letter addressed to the attorney for the State, a copy of which shall be filed with the county clerk and provided to the State, the State is hereby ORDERED to give written notice to defense counsel regarding any impeachment evidence by prior conviction the State intends to offer to impeach the defendant or a witness during any phase of the trial as required by Rule 609(f) of the Texas Rules of Evidence.

CRITICAL

Applies to

Scheduling order

For a jury trial, submit an Agreed Scheduling Order approved by all parties; if they cannot agree, set a hearing before the Court to enter the order.

If setting a case for jury trial, an Agreed Scheduling Order shall be submitted to the Court. All Parties shall agree on the Scheduling Order and only in the event said agreement cannot be reached shall the parties set a hearing before the Court to enter a Scheduling Order.

CRITICAL

Applies to

Order resetting

Submit an Order Resetting with a cover letter advising the Coordinator of the date agreed upon by the parties.

Send an Order Resetting with a cover letter advising the Coordinator of the date the parties have agreed on.

CRITICAL

Applies to

Witness list

The State must file a list of all witnesses it intends to call in its case-in-chief at least one day before trial.

2. To file with the Clerk of the Court a list of all witnesses the State intends to call on its case in chief (for either guilt or punishment phases) at least one (1) day prior to the trial, and furnish a copy of same to the Defense on or before the same day.

CRITICAL

Applies to

Temporary restraining order application

Without notice to the adverse party, a TRO or Protective Order requires an accompanying verified complaint or affidavit containing specific facts and a plain, intelligible statement of grounds; mere conclusions are insufficient even if verified.

No Temporary Restraining Order or Protective Order will be granted without notice to the adverse party unless the applicant's verified complaint or affidavit accompanying the application contains "specific facts," as required by Rule 680, T.R.C.P., and "a plain and intelligible statement of the grounds for such relief," as required by Rule 682, T.R.C.P. No such Temporary Restraining Order shall be granted upon a complaint or affidavit containing mere conclusions, even if verified.

CRITICAL

Applies to

Judgment decree or order

Within 60 days after rendition, announcement of a ruling, or announcement of settlement, counsel must reduce all judgments, decrees, and orders to writing, send them to opposing counsel for approval as to form, and deliver them to the Court for signing.

Within sixty (60) days after rendition, announcement of the Court's ruling or announcements of settlement by counsel, counsel shall cause all judgments, decrees or orders of any kind to be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered to the Court for signing.

CRITICAL

Applies to

Request for setting

The non-jury Request for Setting must have the same contents as a jury-trial Request for Setting, except for item d.

The contents of the Request for Setting shall be the same as a Request for Setting for jury trial except for item d.

WARNING

Applies to

Request for setting

An Order Setting with an agreed date should be attached to the Request for Setting.

An Order Setting with an agreed date should be attached to the Request.

WARNING

Applies to

Discovery motion

The Defense may file a written motion for further particularized discovery, limited to matters not covered by the Order.

In the event that further particularized discovery is considered necessary, the Defense may file a written Motion for Discovery addressing only matters not covered in this Order, and such Motion will be presented to the Court at the earliest practical opportunity before trial, but in any event, no later than the occasion of the Art. 28.01 pretrial hearing.

WARNING

Applies to

Motion

Must include

certificate of service

Motions should list opposing counsel's contact information under the Certificate of Service and should not use the specified generic service statement.

At the end of all MOTIONS, please include the opposing counsel's name, address, email address, phone number and fax number under the Certificate of Service. Please do not put "..a copy has been sent to all opposing counsel." (This will let the Court know who the attorneys are since we do not have immediate access to all files in every county).

WARNINGCriminal cases

Applies to

Written findings

If the trial judge disapproves the requested amount, the judge must make written findings stating the approved payment amount and the reason for the difference.

If the trial judge disapproves the requested amount, the Judge shall make written findings stating the amount of payment approved and the reason for approving an amount different from the requested amount.

WARNING

Applies to

Request or cover letter

When setting or resetting a case, advise the Court of the estimated hearing time and whether the case has been mediated.

When setting or resetting a case for trial, pre-trial, etc., please advise the Court the estimated time vou will need for the hearing and whether or not the case has been mediated.

WARNING

Applies to

Order setting

An Order Setting without a hearing date agreed with the DA’s Office, or without the required names and contact information, will be held until the missing information is obtained or corrected and resubmitted.

Any Order Setting received by the Court with NO HEARING DATE or WITHOUT an agreed hearing date will be held in the Court's file until an agreed date is obtained with DA'S Office. Any Order Setting without names/faxes/emails, will be held until corrected and re-submitted.

WARNING

Applies to

Order setting

Provided hearing dates are not confirmed until the Court receives and signs the Order Setting.

THE DATES PROVIDED ARE NOT CONFIRMED UNTIL THE ORDER SETTING IS RECEIVED AND SIGNED BY THE COURT.

WARNING

Applies to

Itemized statement

An Order Paying Court Appointed Attorney should be attached to the itemized statement.

An Order Paying Court Appointed Attorney should be attached to the itemized statement.

WARNING

Applies to

Proposed order setting

At the bottom of all proposed ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney's names, fax numbers, email addresses and phone numbers. If they are pro se litigants, please give their addresses, phone number, email address if any. *

At the bottom of all proposed ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney's names, fax numbers, email addresses and phone numbers. If they are pro se litigants, please give their addresses, phone number, email address if any. *

INFO

Applies to

Order setting

For the listed uncontested and default matters, an Order Setting need not be sent, and the setting can be arranged by phone with the Court Coordinator.

When requesting a setting for uncontested divorces, agreed divorces, defaults, uncontested name changes or adoptions, you do not need to send an Order Setting. These matters can be set over the phone by contacting the Court Coordinator.

INFOCriminal cases

Applies to

Written motion

An attorney whose payment request is disapproved may appeal to the Presiding Judge of the Administrative Region by written motion.

The attorney whose request for payment has been disapproved may, by written motion, file an appeal with the Presiding Judge of the Administrative Region.