Kerr County District Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- After Agreed Date
Adjournments
- There are no summary or automatic first continuances; all continuances must comply with the cited statutes.
- When setting or resetting a case for trial, pre-trial, etc., please contact the Court Coordinator for available dates. Then, contact all other counsel and obtain a date that everyone is available.
- If a hearing must be canceled, contact the Court Coordinator as soon as possible.
- +4 more
Request must include
- A non-agreed continuance filed less than seven days before a hearing is presumptively denied, and the filing party should not rely on it without a signed order.
Communication
Phone
Clerk
Document Filing Requirements41 rules
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, and shall submit said statement to the trial Judge:
A jury trial Request for Setting must identify the case and county, provide the specified contact details for the requesting attorney and parties, and state when the jury fee was paid.
Court's wording
The Request for Setting shall contain the following: a. 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; c. 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;
Proposed order settings must list everyone to be notified and the specified contact information for represented and pro se parties.
Court's wording
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 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."
- Document
- Motion
- Placement
- Certificate section
Include
- •Certificate of service
1. 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;
- Document
- Request for setting
- Placement
- Certificate section
3. At the time the parties announce ready, each party shall submit to the Court proposed jury questions.
The Request for Setting must address pleadings, mediation, discovery, pretrial matters, settlement efforts, cleared trial dates, and estimated trial time, including specified details when discovery or pretrial matters remain pending or opposing counsel will not agree to a date.
Court's wording
e. A statement that the pleadings of the party requesting the setting are in order; f. A statement that mediation has been completed or none is required. (1) Pending mediation, discovery may be abated by the parties; g. 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; h. 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; i. 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; j. 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. A setting will be made only in response to a proper written Request for Setting.
All Counsel's names, fax numbers and email addresses (if any) need to be on the order. (Names, addresses, emails, if pro se)
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.
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. The party requesting a setting should E-file the Request for Setting with the Clerk.
Counsel must attach the Appendix 1 Standing Order to the original citation in every divorce suit and suit affecting the parent-child relationship.
Court's wording
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.
An application for a TRO or Protective Order without notice must be accompanied by a verified complaint or affidavit alleging specific facts and plainly stating the grounds; mere conclusions are insufficient, and testimony is not heard except on an 83.006 Family Code Motion.
Court's wording
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. 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.
Counsel presenting any application for an ex parte Order shall, at the time the application is presented to the Court, certify in writing that: 1. To the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or
Orders shall be signed by respective DA's offices.
2. 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.
1. 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.
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.
Reset dates must be obtained from the DA and the order continuing or resetting shall be signed by the DA.
The Court's Standing Order shall be attached to the Original Petition in all family law cases.
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.
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.
a. 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.
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.
To obtain a resetting date, first contact the Court Coordinator and then opposing counsel; submit an Order Resetting with a cover letter stating the agreed date.
Court's wording
9. To obtain a resetting date, please contact the Court Coordinator for available dates, then contact opposing counsel to obtain a date that is available and agreeable to all counsel. Send an Order Resetting with a cover letter advising the Coordinator of the date the parties have agreed on.
The Petitioner must attach a copy of the Order to the original petition and each copy, and the Clerk must ensure the attachments are present when the petition is filed if the Petitioner has not done 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 motion shall be accompanied by a proposed order. If no order is provided, the hourly rate request will not be considered.
- Document
- Motion
Must include
- •Proposed order
For hourly matters, each attorney must submit a detailed services-and-time statement, recorded to the tenth of an hour, with an unsworn declaration to the trial judge.
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 trial Judge:
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.
Each attorney shall prepare a detailed statement of the nature of the services performed, the date of such performance, and the actual time spent (to the tenth of the hour) on each such date and service, and shall submit said statement to the trial Judge:
If the trial Judge disapproves the requested amount, the Judge shall make written findings stating the amount of payment approved and the reasons for approving an amount different from the requested amount.
and the circulating party shall provide the order, along with any signatures provided, to the Court Coordinator by the end of the third business day from the rendering of the order.
All attorneys and parties have until the end of the second business day from the rendering of the order to review, sign, and return to the circulating party
Each lawyer must submit a verified voucher with a detailed statement identifying the services, dates, and reasonable time spent.
Court's wording
Each lawyer shall prepare a detailed statement of the nature of the services performed with the date of such performance and the actual reasonable time spent on each such date and service, and shall submit such statement with a verified voucher for approval by the trial Judge:
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.
n. An Order Setting with an agreed date should be attached to the Request.
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.
3. When setting or resetting a case for trial, pre-trial, etc., please advise the Court the estimated time you will need for the hearing and whether or not the case has been mediated.
Pro Se filers must have a file marked copy.
1. When requesting a setting for uncontested divorces, agreed divorces, defaults, uncontested name changes or adoptions, you do not need to send an Order Setting.
Filing & Service rules
Electronic Filing Rules
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. The party requesting a setting should E-file the Request for Setting with the Clerk, then forward a copy of the file marked request to the Court Coordinator with the agreed order 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. The party requesting a setting should E-file the Request for Setting with the Clerk, then forward a copy of the file marked request to the Court Coordinator with the agreed order setting.
Page 3 | A. REQUEST FOR SETTING - JURY CASES
Attorneys must electronically file documents with the District Clerk and obtain a file mark before submitting them to the Court Coordinator.
All filings by attorneys must be E-filed with the District Clerk and file marked prior to being submitted to the Court Coordinator.
Page 11 | RULES TO GOVERN FILINGS AND RECORDS
The party requesting a setting should E-file the Request for Setting with the Clerk.
The party requesting a setting should E-file the Request for Setting with the Clerk.
Page 5 | B. REQUEST FOR SETTINGS - NON-JURY CONTESTED CASES
Filing Timing and Cure Windows
The attorney must submit the detailed statement to the trial Judge within 15 days after the mandate is returned in an appeal.
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, and shall submit said statement to the trial Judge: b. within 15 days of the date the mandate being returned in an appeal.
Criminal cases
Page 2 | REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
The attorney must submit the detailed statement to the trial Judge on the date the case is disposed of by plea, bench trial, or jury trial.
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, and shall submit said statement to the trial Judge: a. on the date of disposition of a case by a plea or bench trial, or jury trial;
Criminal cases
Page 2 | REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
Requests for payment on hourly matters must be made by September 15 within the Court's fiscal year; invoices submitted outside the current fiscal year will not be paid without prior Court approval.
ALL REQUESTS FOR PAYMENTS 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 | VI. REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
Hourly-fee statements with unsworn declarations are due within 15 days after a plea or bench-trial disposition, a jury-trial verdict, or return of an appellate mandate, or at other intervals ordered by the Court.
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: a. Within 15 days of the date of disposition of a case by plea or bench trial; b. Within 15 days of the date of verdict in a jury trial; c. Within 15 days of the date the mandate being returned in an appeal; or d. At such other intervals as ordered by the Court.
Criminal cases
Page 3 | VI. REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
The attorney must submit the statement to the trial Judge on the date the case is disposed of by plea, bench trial, or jury trial.
a. on the date of disposition of a case by a plea or bench trial, or jury trial;
Criminal cases
Page 1 | REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
The attorney must submit the statement to the trial Judge within 15 days of the date the mandate is returned in an appeal.
b. within 15 days of the date the mandate being returned in an appeal.
Criminal cases
Page 2 | REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
The verified voucher and detailed statement must be submitted on the date of disposition after a plea or bench trial, within 2 days of a jury-trial verdict, or within 15 days after the mandate is returned in an appeal.
1. On the date of disposition of a case by plea or bench trial; 2. Or within 2 days of the date of verdict in a jury trial; 3. Or within 15 days of the date the mandate being returned in an appeal.
Criminal cases
Page 2 | HOURLY RATE
The Court may reduce indigent attorney fee bills that are filed late without good cause.
Bills for indigent attorneys fees not timely filed, and without good cause, will be subject to reduction at the discretion of the Court.
Criminal cases
Page 2 | REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
Service and Proof of Service Rules
Notice to parties may be delivered by hand, mail, or electronically in accordance with Rule 21a(10).
Notice may be provided to parties by delivering by hand, mail or electronically, in accordance with Rule 21 a (10).
Page 4 | A. REQUEST FOR SETTING - JURY CASES
Courtesy Copy Requirements
After agreeing on a date, complete the Agreed Order Setting and send the Court Coordinator a courtesy copy of the file-marked Motion, the proposed Agreed Order, and 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.
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Adjournment & Extension Requirements
There are no summary or automatic first continuances; all continuances must comply with the cited statutes.
There will be no summary or automatic "first continuances." All continuances shall be in accordance with Arts. 29.01 through 29.13, C.C.P. and Art. 30.003, Texas Civil Prac. & Remedies Code.
Page 8 | B. SETTINGS/SCHEDULING — 2. Continuances
A non-agreed continuance filed less than seven days before a hearing is presumptively denied, and the filing party should not rely on it without a signed order.
Non-agreed continuances filed less than seven (7) days prior to hearing are presumptively DENIED and the filing party should not rely on the Continuance Motion without a signed Order.
Page 12 | GENERAL RULES
For a continuance agreed to by all parties, contact the Court Coordinator, who will consult with the Judge before removing the matter from the docket.
8. If you have a continuance that is agreed to by all parties, please contact the Court Coordinator and advise her of this and she will consult with the Judge prior to removing the matter from the docket.
Page 12 | GENERAL RULES
Party agreement alone does not automatically grant a continuance.
Continuances are not automatic upon agreement by the parties.
Page 12 | GENERAL RULES
Filing a Motion for Continuance does not itself grant the continuance.
Mere filing of a Motion for Continuance does not mean the continuance will be granted.
Page 12 | GENERAL RULES
If a hearing must be canceled, contact the Court Coordinator as soon as possible.
5. If for any reason, you have to cancel a hearing, please contact the Court Coordinator as soon as possible.
Page 11 | GENERAL RULES
When setting or resetting a case for trial, pre-trial, etc., please contact the Court Coordinator for available dates. Then, contact all other counsel and obtain a date that everyone is available.
When setting or resetting a case for trial, pre-trial, etc., please contact the Court Coordinator for available dates. Then, contact all other counsel and obtain a date that everyone is available.
Page 11 | GENERAL RULES
Continuances must comply with the cited statutory provisions.
7. All continuances shall be in accordance with Arts. 29.01 through 29.13, C.C.P. and Art. Tx. Civil Prac. & Rem. Code 30.003.
Page 12 | GENERAL RULES
Chambers Communication Rules
When setting a civil case for pre-trial, jury trial, non-jury trial or post trial hearing, please call or e-mail the Court Coordinator, prior to sending your file marked Motion and Order Setting, to obtain available hearing dates.
When setting a civil case for pre-trial, jury trial, non-jury trial or post trial hearing, please call or e-mail the Court Coordinator, prior to sending your file marked Motion and Order Setting, to obtain available hearing dates.
Page 5
After receiving available dates, contact opposing counsel to agree on a date with all parties.
After you have available dates, please contact opposing counsel to obtain a date that is agreeable to all parties.
Page 5
Uncontested divorces, agreed divorces, defaults, uncontested name changes, and adoptions may be set by phone with the Court Coordinator without sending an Order Setting.
1. 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.
Page 6 | D. UNCONTESTED AND DEFAULT MATTERS
Attorneys must maintain an operating fax number and email address and provide them to the Court, Court Clerks, and opposing counsel.
Any attorney practicing in the 198th & 216th Judicial District Courts shall have access to a fax machine and an email address that will be operative 24 hours a day, seven days a week. Said number and email shall be provided to the Court, the Clerks of Court, and all opposing counsel.
Page 12 | GENERAL RULES
Communications between the Courts and attorneys sent by fax or email to the provided contacts are deemed received; this rule does not apply to filing documents with the District Clerks.
All communications between the Courts and attorneys via fax or email to the numbers and email addresses provided shall be deemed received. This does not include filing documents with the District Clerks.
Page 12 | GENERAL RULES
Attorneys must maintain an operating fax number and email address and provide them to the Court, Court Clerks, and opposing counsel.
10. Any attorney practicing in the 198th & 216th Judicial District Courts shall have access to a fax machine and an email address that will be operative 24 hours a day, seven days a week. Said number and email shall be provided to the Court, the Clerks of Court, and all opposing counsel.
Page 12 | GENERAL RULES