King County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Motion

Must include

certificate of conference

2.2. All motions shall contain a "certificate of conference" by the party filing same that efforts to resolve the dispute without Court intervention have been attempted and failed and shall set forth specifically the efforts taken by date, action, and method.

2.2. All motions shall contain a "certificate of conference" by the party filing same that efforts to resolve the dispute without Court intervention have been attempted and failed and shall set forth specifically the efforts taken by date, action, and method.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A motion missing its certificate of conference cannot be set for hearing until the certification is filed.

2.3. Any motion omitting such certificate shall not be set for hearing until such certification has been filed.

CRITICAL

Applies to

Setting request

Setting requests must be written and timely delivered to the Court Administrator.

3.1.1. Be written and timely delivered to the Court Administrator;

CRITICAL

Applies to

Setting request

A setting request must identify whether the case is a jury or non-jury trial and estimate the time needed for trial of the entire case.

3.1.2. Advise that the case is either a non-jury or jury trial and the estimated time for trial for the entire case;

CRITICAL

Applies to

Setting request

A setting request must identify any unresolved discovery or other pretrial matters.

3.1.3. Advise which, if any, discovery, and other pretrial matters remain unresolved;

CRITICAL

Applies to

Setting request

A setting request must certify that a copy was delivered to all counsel and self-represented parties.

3.1.4. Certify that a copy of the request has been duly delivered to all counsel and self represented parties.

CRITICAL

Applies to

Continuance motion

A continuance motion must be accompanied by an order setting the motion for hearing.

All motions must be accompanied by an order setting the motion for a hearing.

CRITICAL

Applies to

Continuance motion

A continuance motion based on a conflicting setting must identify that setting by style, docket number, and judge.

If the basis of a continuance is a conflicting setting, the motion must identify the conflicting setting by style, docket number, and judge.

CRITICAL

Applies to

Jury docket announcement

A jury announcement must state that reasonable settlement efforts were attempted and whether the announcing party made a bona fide offer that was rejected.

That all reasonable efforts to settle have been attempted and whether the announcing party has made a bona fide offer of settlement that has been rejected and;

CRITICAL

Applies to

Jury docket announcement

A written jury announcement must estimate the time required for trial.

An estimate of the time required for trial;

CRITICAL

Applies to

Jury docket announcement

A ready announcement must state that all pretrial matters have been disposed of and all pretrial orders and local rules have been complied with.

If the announcement is "ready," that all pretrial matters have been disposed of and all pretrial orders and the local rules have been complied with.

CRITICAL

Applies to

Jury docket announcement

A not-ready announcement must set out the specific reasons the case is not ready.

If the announcement is "not ready," the specific reasons shall be set out

CRITICAL

Applies to

Jury docket announcement

Every not-ready announcement must be accompanied by a detailed and proper motion for continuance.

All announcements of "not ready" shall be accompanied by a detailed and proper motion for continuance.

CRITICAL

Applies to

Jury docket announcement

A written jury announcement must include a certificate that the signer is the attorney in charge and that the information is true.

A certificate that the person signing is the attorney in charge and that the information set out is true.

CRITICAL

Applies to

Proposed jury charge

Each party must submit a proposed jury charge to the Court at or before pretrial.

5.3. JURY CHARGES. Each party shall at or before the pretrial submit to the Court a proposed jury charge.

CRITICAL

Applies to

Scheduling order exception

Any exception to the scheduling order must be written, approved by the Court, and filed in the case.

9.1.9. Any exception to the scheduling order must be in writing, approved by the Court and filed in the case.

CRITICAL

Applies to

Pretrial matters

A copy of the matters subject to the pretrial filing deadline must be provided to the Court.

9.3.4. All matters, including final pleadings and required evidentiary documents, shall be filed at least seven (7) days prior to the date the final pretrial conference is scheduled, or earlier if otherwise provided by law or order of the Court, and shall be served on all opposing counsel and self represented parties with a copy provided to the Court.

CRITICAL

Applies to

Objections

Objections to discovery or proposed exhibits must be in writing and properly presented at the pretrial conference or they are deemed waived.

9.3.5. Matters which shall be disposed of at the pretrial conference and which if not properly presented shall be deemed waived, are as follows: 9.3.5.5. Objections (which shall be in writing) to any discovery or proposed exhibits;

CRITICAL

Applies to

Proposed order

Must include

proposed order

The prevailing party must prepare the proposed order within 14 days after the hearing or ruling and promptly submit it to the Court.

The prevailing party shall prepare the proposed order within fourteen (14) days after the hearing or ruling and promptly submit the same to the Court.

CRITICAL

Applies to

Bankruptcy notice

The bankruptcy notice must identify the bankruptcy court and case, filing date, and bankrupt’s counsel and address.

9.7.1.2. within three (3) days of any bankruptcy filing, to provide written notice to the Court and all counsel that a bankruptcy filing has occurred giving the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing and the name and address of counsel for the bankrupt.

CRITICAL

Applies to

Order setting hearing

For a requested spousal-maintenance or child-support order, the hearing-setting order must include the quoted income-statement requirement.

9.8.1. PROOF OF INCOME In all Cases in which an order for spousal maintenance or child support is requested, the party seeking a hearing shall prepare an order setting hearing which includes the following language: "All parties to this action shall file and deliver to all parties, at least by the day preceding the hearing herein ordered, a written statement showing the accurate gross income of each party hereto for the last preceding three (3) calendar months and last preceding three (3) calendar years. This statement must include proof of income in the form of paystubs and tax returns."

CRITICAL

Applies to

Property inventory

Each party’s inventory must list property and its values; the Petitioner’s inventory must be complete, sworn, and itemized, and the Respondent must place additional items at the end of the appropriate category.

9.8.2. INVENTORIES. In all suits for dissolution of marriage in which the division of the parties' property is contested, Petitioner shall, not later than fifteen (15) days prior to trial, file a complete, sworn itemized inventory and appraisement of all property belonging to the parties to the marriage, including separate property and community property as well as any property belonging to the children. The inventory of each party shall be filed setting forth the list of property with the values assigned to each such item of property shown to the right of the description of such property. Not less than eight (8) days prior to trial, Respondent shall file an inventory so a comparison of properties and values can be made. Items of property on Respondent's inventory but not on Petitioner's shall be at the end of the appropriate category.

CRITICAL

Applies to

Requested division of community estate

At the final hearing in a contested property-division divorce, counsel and self-represented parties must present a document identifying requested awards of community assets to each spouse.

9.8.3. REQUESTED DIVISION OF COMMUNITY ESTATE. Counsel for each spouse and each self represented party shall present to the Court at the final hearing of a contested property division divorce case a document containing the following: 9.8.3.1. Community assets requested to be awarded to the wife; 9.8.3.2. Community assets requested to be awarded to the husband;

CRITICAL

Applies to

Requested division of community estate

The requested-division document must identify the requested allocation of community liabilities and separate assets and liabilities for each spouse.

9.8.3.3. Community liabilities requested to be awarded to the wife; 9.8.3.4. Community liabilities requested to be awarded to the husband; 9.8.3.5. Assets requested to be confirmed as separate property of the wife; 9.8.3.6. Assets requested to be confirmed as separate property of the husband; 9.8.3.7. Liabilities requested to be confirmed as separate liabilities of the wife; 9.8.3.8. Liabilities requested to be confirmed as separate liabilities of the husband.

CRITICAL

Applies to

Request for final hearing

Must include

proposed order

A self-represented divorce will not be granted until the proposed final decree is submitted with or before the request to set a final hearing.

9.8.4.1. The Court will not grant a self represented divorce unless and until a proposed final decree is submitted to the Court along with or prior to the request for a setting for final hearing.

CRITICAL

Applies to

Proposed final order or decree

Every proposed final order or decree must describe the parties’ appearances and contain a waiver of a record to be considered for approval without a hearing.

9.8.4.4. Every proposed final order or decree must properly describe the appearances of the parties and contain a waiver of a record to be considered for approval without a hearing.

CRITICAL

Applies to

Jury readiness notice

The District Attorney must give the Court Administrator written notice of each criminal case ready for jury trial, including the specified names and addresses.

The District Attorney shall notify the Court Administrator, in writing, of all criminal cases in which the State is ready for jury trial. Such notices shall include the names and addresses of the Defendant, Defendant's counsel, and bondsman.

WARNING

Applies to

Proposed final decree

In a self-represented divorce involving minor children, the Court will not grant the divorce or sign the decree if it deems relevant provisions ambiguous, incomplete, or unenforceable.

9.8.4.2. In any self-represented divorce that involves minor children, the Court will not grant or pronounce the divorce and sign the proposed decree if, in the opinion of the Court, the proposed decree contains language or provisions regarding conservatorship, child support or visitation rights which the Court deems to be ambiguous, incomplete or unenforceable.