Kerr County District Courts Document Filing Requirements

CRITICALCriminal cases

Applies to

Attorney fee statement

Each attorney must submit a detailed statement identifying the services performed, the dates performed, and the time spent on each service.

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:

CRITICAL

Applies to

Proposed order setting

Proposed order settings must list everyone to be notified and the specified contact information for represented and pro se parties.

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. *

CRITICAL

Applies to

Motion

Must include

certificate of service

Every motion must include opposing counsel's specified contact information under the Certificate of Service and must not use the quoted generic 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."

CRITICAL

Applies to

Request for setting

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.

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;

CRITICAL

Applies to

Request for setting

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.

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;

CRITICAL

Applies to

Request for setting

Must include

certificate of service

The Request for Setting must include a certificate stating that it was served on all counsel and listing each attorney's name and address and the service date.

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;

CRITICAL

Applies to

Jury questions

When the parties announce ready, each party must submit proposed jury questions to the Court.

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

CRITICAL

Applies to

Order setting

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

Agreed scheduling order

A jury-trial setting requires submission of an Agreed Scheduling Order approved by all parties; if they cannot agree, they must set a hearing for the Court to enter one.

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

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. The party requesting a setting should E-file the Request for Setting with the Clerk.

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.

CRITICAL

Applies to

Request for setting

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

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

CRITICAL

Applies to

Temporary restraining order or protective order application

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.

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.

CRITICAL

Applies to

Original citation

Counsel must attach the Appendix 1 Standing Order 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

Ex parte order application

Counsel presenting an ex parte application must certify in writing when presenting it that, to counsel's best knowledge, the opposing party is unrepresented, or satisfy the certification condition that follows in the document.

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

CRITICAL

Applies to

Hearing setting submission

After obtaining an agreeable hearing date with all counsel, the requesting party must send the Court a copy of the file marked Motion and an Order Setting for entry.

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.

CRITICAL

Applies to

Cover letter

The documents must include a cover letter stating that all counsel agreed to the date and estimating the hearing time.

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.

CRITICAL

Applies to

Order setting

The bottom of the Order Setting must list counsel’s names and fax numbers, any email addresses, and the names and addresses of pro se parties and any email addresses.

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.

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

Order continuing or resetting

Reset dates must be obtained from the DA, and the order continuing or resetting the case must be signed by the DA.

Reset dates must be obtained from the DA and the order continuing or resetting shall be signed by the DA.

CRITICAL

Applies to

Original petition

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

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

CRITICAL

Applies to

Income and expense statement

In 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

When disputed assets exceed $250,000 in a contested property-division case, 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

Request for setting

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

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.

CRITICAL

Applies to

Request

A request or cover letter must state that opposing counsel was contacted and is available for 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

Order resetting

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.

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.

CRITICALCivil cases

Applies to

Petition

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.

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.

CRITICALCriminal cases

Applies to

Motion

Must include

proposed order

A motion requesting permission to bill at an hourly rate must include a proposed order or the request will not be considered.

The motion shall be accompanied by a proposed order. If no order is provided, the hourly rate request will not be considered.

CRITICALCriminal cases

Applies to

Hourly fee statement

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.

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:

CRITICALCriminal cases

Applies to

Written findings

If the trial judge disapproves the requested amount, the judge must issue written findings stating the approved payment amount and the reason it differs from the amount requested.

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.

CRITICALCriminal cases

Applies to

Attorney fee statement

Each attorney must submit a detailed statement describing the services performed, their dates, and the time spent on each service to the tenth of an hour.

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:

CRITICALCriminal cases

Applies to

Written findings

If the trial Judge disapproves the requested amount, the Judge must issue written findings stating the approved payment amount and the reasons for approving a different amount.

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.

CRITICALCivil cases

Applies to

Order

Attorneys and parties must review, sign, and return the order to the circulating party by the end of the second business day after it is rendered.

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

CRITICALCivil cases

Applies to

Order

The circulating party must provide the order and any signatures to the Court Coordinator by the end of the third business day after the order is rendered.

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.

CRITICALCriminal cases

Applies to

Verified voucher

Each lawyer must submit a verified voucher with a detailed statement identifying the services, dates, and reasonable time spent.

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:

CRITICALCriminal cases

Applies to

Written findings

If the trial Judge disapproves the requested amount, the Judge must issue 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 for setting

Must include

proposed order

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

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

WARNING

Applies to

Order setting

An Order Setting without a hearing date or an agreed date will be held in the Court’s file until a date is agreed with the DA’s Office.

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.

WARNING

Applies to

Order setting

An Order Setting missing names, fax numbers, or email addresses will be held until corrected and resubmitted.

Any Order Setting without names/faxes/emails, will be held until corrected and re-submitted.

WARNING

Pro se filers must have a file-marked copy.

Pro Se filers must have a file marked copy.

WARNING

Applies to

Request for setting

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

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.

INFO

Applies to

Order setting

An Order Setting is not required when requesting a setting for the listed uncontested or default matters.

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.