Kimble County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Motion and order setting

Once a date is agreed, enter it on the Order Setting and send the Motion, Order, and a statement that the date is agreed to the Court Coordinator.

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

CRITICAL

Applies to

Ex parte order

Ex parte orders in family law matters must satisfy the cited Family Code requirements.

Ex Parte Orders in family law matters must meet the requirements of Sec. 11.11 & 71.15 of the Family Code.

CRITICAL

Applies to

Proposed jury questions

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

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

CRITICAL

Applies to

Order setting

Order Settings must list all parties to be notified and provide attorney fax numbers or pro se litigants’ addresses, as applicable.

At the bottom of all ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney's fax numbers. If they are pro se litigants, please give their addresses.

CRITICAL

Applies to

Order setting

Provided 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.

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 client's marital and separate estates before trial.

In all contested cases involving the division of property where 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

Judgment decree or order

Within 60 days after rendition, announcement of the Court's ruling, or counsel's announcement of settlement, counsel must reduce any judgment, decree, or order to writing, send it to opposing counsel for approval as to form, and deliver it 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

Exhibit

Each exhibit must be marked with the county, cause number, a unique exhibit number, and a short description.

Mark exhibits with the county, cause number, unique exhibit number and short description.

CRITICAL

Applies to

Application for ex parte order

When presenting an ex parte application, counsel must certify in writing whether the opposing party is unrepresented or, if represented, that counsel was notified and does not wish to be heard or that diligent notice efforts failed and further efforts are impracticable.

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 who the relief is sought is not represented by counsel; or - 2. 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 opposing counsel, has been unable to do so, and the circumstances do not permit additional efforts to give such notice.

CRITICAL

Applies to

Request for setting

A trial setting must be requested in writing directly from the Court Coordinator, not filed with the Clerk, and the request must follow the jury-trial request requirements except for Item C.

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 Mason County Office. The party requesting a setting should not file the Request for Setting with the Clerk. The contents of the Request for Setting shall be the same as a Request for Setting for jury trial except for Item C.

CRITICAL

Applies to

Request or cover letter

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

Application for temporary restraining order or protective order

An application for a TRO or Protective Order without notice must be accompanied by a verified complaint or affidavit to be considered.

- 1. 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 application's verified complaint or affidavit accompanying the application,

CRITICAL

Applies to

Itemized statement

Court-appointed attorneys must provide an itemized statement of hours spent representing the indigent defendant, both in 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 the Court representing said defendant.

CRITICAL

Applies to

Trial setting order and request

For a trial date, submit an Order Setting with a Request for Setting; for a pre-trial date, submit a letter, and state the date the parties agreed to.

Submit an Order Setting to the Court with a 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.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach the Order to the original petition and each copy, and the Clerk must ensure attachment 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.

CRITICAL

Applies to

Motion

Must include

certificate of service

Every motion must include opposing counsel’s name and 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, 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

Jury trial scheduling order

For a jury trial, submit an Agreed Scheduling Order; the parties must agree on it, and should set a hearing only if they cannot reach agreement.

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

2. Upon receipt of the Request and Order Setting, the Court will set the case for trial on the merits and deliver a copy of the same to the District Clerk to certify who will then deliver a certified copy to each attorney. If item g. (1) in the Request for Setting is applicable, please send an Order Setting with an agreed hearing date and the Court will set a pre-trial hearing.

2. Upon receipt of the Request and Order Setting, the Court will set the case for trial on the merits and deliver a copy of the same to the District Clerk to certify who will then deliver a certified copy to each attorney. If item g. (1) in the Request for Setting is applicable, please send an Order Setting with an agreed hearing date and the Court will set a pre-trial hearing.

CRITICAL

Applies to

Order resetting

Send an Order Resetting with a cover letter informing the Coordinator of the agreed date.

- b. Send an Order Resetting with a cover letter advising the Coordinator of the agreed upon date.

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

Written notification

If parties cannot agree on an ADR referral, a party may notify the Court in writing that coordination efforts failed; the Court will then refer the issues to ADR without a hearing.

If the parties are unable to cooperate or agree to a referral of such issues to an ADR procedure, then upon written notification to the Court by one of the parties that efforts to coordinate a referral have been unsuccessful, the Court, without a hearing, shall enter an Order of Referral to an ADR procedure under such terms and conditions selected by the Court.

CRITICAL

Applies to

Application for temporary restraining order or protective order

A no-notice TRO or Protective Order application must state specific facts and intelligible grounds; conclusory allegations alone 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

Court file

Attorneys must transport the Court's file to the county where the hearing will be held and ensure it is returned to the appropriate Clerk's Office.

It is the obligation of the attorneys to transport the Court's file to the county where the hearing will be held and then to see that it is returned to the appropriate Clerk's Office with which it is filed.

CRITICAL

Applies to

Request for setting

A non-jury trial 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

Request for setting

Must include

case number, certificate of service

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

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 and telephone number of the attorney making the request and the party represented; - c. The date on which the jury fee was paid; - d. A statement that the pleadings of the party requesting the setting are in order; - e. A statement that mediation has been completed or none is required. - (1) Pending mediation, all discovery is abated unless otherwise ordered by the Court. - f. A statement that all discovery has been completed or none is desired. - (1) If discovery is pending, the date on which discovery is expected to be completed; - g. A statement that all pre-trial matters have been disposed of or none is pending. - (1) 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; - h. 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; - i. 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; - j. The estimated time of trial; - k. 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; - l. The signature of the attorney making the Request;

CRITICAL

Applies to

Original citation

Counsel must attach the specified standing order to the original citation in every divorce or suit affecting the parent-child relationship.

- 2. 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

Exhibits and required documents

Exhibits and required documents should be emailed to the Court Coordinator prior to hearing at rebecca.moneyhon@txcourts.gov. Use PDF for documents, JPG and PNG for images, and MP4 for videos. No DOC formats, zipped or archived files, or executable files will be accepted. A Dropbox may be required for large files. Rebuttal exhibits may be submitted to the Court Coordinator or through Zoom Chat. In-person participants must bring their exhibits to the courtroom. Represented parties will submit their exhibits in digital form, as described above or on a USB thumb drive.

Exhibits and required documents should be emailed to the Court Coordinator prior to hearing at rebecca.moneyhon@txcourts.gov. Use PDF for documents, JPG and PNG for images, and MP4 for videos. No DOC formats, zipped or archived files, or executable files will be accepted. A Dropbox may be required for large files. Rebuttal exhibits may be submitted to the Court Coordinator or through Zoom Chat. In-person participants must bring their exhibits to the courtroom. Represented parties will submit their exhibits in digital form, as described above or on a USB thumb drive.

WARNING

Applies to

Order setting

For settings in uncontested or agreed divorces, defaults, name changes, and adoptions, no Order Setting need be sent and the setting may be arranged by phone with the Court Coordinator.

- 1. When requesting a setting for uncontested/agreed divorces, defaults, 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.

WARNING

Applies to

Request for setting

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

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

WARNING

Applies to

Request for setting

Submit a written Request for Setting directly to the Court Coordinator at the Mason County Office; the party should not file it with the Clerk.

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 Mason County Office. The party requesting a setting should not file the Request for Setting with the Clerk.

WARNING

Applies to

Exhibits

Participants appearing in person must bring their exhibits to the courtroom.

In-person participants must bring their exhibits to the courtroom.

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.