Kleberg County Court at Law Document Filing Requirements

CRITICALCriminal cases

A magistrate not specifically designated under Section 1(b)(2) may, within 12 hours of arrest, order transfer of the defendant to the Sheriff accompanied by documentation necessary to establish probable cause.

Without a finding of probable cause, within twelve (12) hours of the defendant's arrest, order the transfer and delivery of the defendant to the custody of the Kleberg County Sheriff, together with any sworn probable cause affidavit, confirmed warrant of arrest, or other documentation necessary to establish probable cause as to the offense for which the defendant is currently in custody, so that a judge or magistrate designated by this Standing Order may perform all duties required under T.C.C.P Art. 15.17, and set bail;

CRITICAL

Applies to

Motion

A movant seeking a ruling without a hearing must attach a Notice of Submission stating that the motion will be submitted at least 15 days after filing.

A movant requesting the granting of his motion without a hearing shal1 attach to the motion a "Notice of Submission" stating that the motion shal1 be submitted to the Court for ruling without a hearing not less than 15 days after the f i l i n g of the motion.

CRITICAL

Applies to

Motion to withdraw as counsel

A motion to withdraw must state specific grounds.

The motion must state specific grounds.

CRITICAL

Applies to

Interview report

The report must include the person's education, employment, criminal activity, financial ability, alcohol and controlled-substance abuse history, and other information needed to assist the magistrate in setting bail and its conditions.

(b) The report shall include a history of the person's education, employment, criminal activity, financial a b i l i t y , alcoho] and control 1ed substance abuse, and such other information necessary to assist the magistrate in setting bail and in imposing conditions of bail .

CRITICAL

Applies to

Jury charge or nonjury findings

For a jury case, each party must file proposed jury-charge questions, instructions, and definitions; for a nonjury case, proposed findings of fact and conclusions of law are required.

(h) Proposed jury charge questions, instructions, and definitions for a jury case or proposed findings of fact and conclusions of law for a nonjury case,

CRITICAL

Applies to

Transfer order

A case transfer must be evidenced by a written order using a form promulgated by the District Court.

A transfer of a case from one Court to another shal1 be evidenced in writing in a form promulgated by the District Court,

CRITICAL

Applies to

Final pretrial order

An agreed Final Pretrial Order must address all matters for the Final Pretrial Conference and resolve all matters needed to prepare the case for trial.

An agreed Final Pretrial Order must address al1 matters that would be considered at the Final Pretrial Conference and must resolve a l l matters necessary to get the case ready for trial .

CRITICAL

Applies to

Judgment or order

A judgment or order in a case transferred to and disposed of by the County Court at Law must be filed in that court’s minutes.

The Judgment or order of -a case transferred to and disposed o-f by the County Court at Law shall be f i l e d in the minutes of the County Court at Law.

CRITICAL

Applies to

List of indictments

The Clerk must prepare a list of filed indictments and deliver a copy to the District Court and the County Court at Law.

The Clerk shall prepare a list of the indictments f i l e d and shal 1 del iver a copy of same to the District Court and the County Court at Law.

CRITICAL

Applies to

Responsive trial designations

In response to the designations under subrule C(k), the listed additional deposition or discovery evidence offered under Rule 106 must be identified by page and line number, including an edited video deposition if applicable.

(1) In response to subrule C k ) , a 1isting, by page and line number, of other portions of a depostion, or other discovery evidence, which will be offered for trial pursuant to Rul e 1O6 , T .R .Civ ,£v . , and , if appl icabl e , any editted video deposition.

CRITICAL

Applies to

Investigator or expert appointment or discretionary review petition

Written approval is required before appointing an investigator or expert witness or filing a petition for discretionary review and incurring the related expenses.

The appointment of an investigator or an expert witness and the filing of a petition for discretionary review must •first be approved in writing before before such expenses are incurred

CRITICAL

Applies to

Pending cases report

The County Court at Law must report its pending cases to the District Court by 3:00 p.m. on the last Thursday of each month.

The County Court at Law shal1 report to the Di Court a list o-f the pending cases by 3 :QO p.m. o-f the 1 ast Thursday o-f each month .

CRITICAL

Applies to

Appearance notice

If the case is not disposed of at arraignment, the defendant must receive and acknowledge written notice of all required pretrial and trial appearances.

At the arraignment of the defendant, if his case is not then disposed of, the County Court at Law shal1 give the defendant written notice of a l l required appearances for pretrial and trial settings, which notice the defendant shall acknowledge in writing.

CRITICAL

Applies to

Interview report

The interviewing officer must submit a written report to the magistrate.

(a) The officer conducting the interview shall submit a written report to the magistrate.

CRITICAL

Applies to

Judgment or order

A judgment or order signed by the County Court at Law judge must recite that the court has jurisdiction to accept a guilty plea and enter judgment as provided by law.

A judgment or an order signed by the Judge of the Countv Court at Law shall recite that said Court has Jurisdiction to accept a guilty plea and to enter a Judgment as provided by law.

CRITICAL

Applies to

Arraignment notice

When bail is made on a felony accusation, the defendant must receive written notice of the arraignment date and time and acknowledge it in writing.

At the time of mak ing bail upon a felony accusat ion , the defendant shal1 be given written notice by the Sheriff of the arraignment date and t ime , which notice the defendant shall acknowledge in writing.

CRITICAL

Applies to

Proposed order

Each party must submit a proposed order stating the relief requested.

Each party shall submit a proposed Order stating the relief requested.

CRITICAL

Applies to

Pretrial motion

Must include

proposed order, certificate of service, certificate of conference

Each pretrial motion must state the requested relief, pertinent facts, authorities and supporting argument; satisfy applicable signature and oath requirements; include consultation information, notice of presentation, a proposed order, and a certificate of service.

Each pretrial motion shall succinctly state the relief sought, the facts pertinent to the motion, and a list of authorities with brief supporting argument; must be signed by counsel and, where required, by the defendant; must be sworn to where required; must contain a certificate of consultation with the opposing party and a statement that the matter raised in the motion was not resolved, or, if no consultation was accomplished, an explanation thereof; a notice that the motion will be presented at the pretrial hearing; a proposed order granting or denying the motion in full or in part; and a certificate of service.

CRITICAL

Applies to

Direct fact witness list

Each party must exchange a list of trial fact witnesses, with their contact information and testimony subjects, except for the specified rebuttal or impeachment witnesses.

(e) The exchange of a 1 ist of direct fact witnesses, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before the time of trial, who will be called to testify at trial, stating their addresses and telephone number, and the subject of the testimony of each witness.

CRITICAL

Applies to

Motion to withdraw as counsel

Unless the party signs and approves a withdrawal motion, it must be set for hearing with notice to the party and all other parties.

Unless the motion is signed and approved by the party, the motion shall be set for hearing with notice to the party and to all other parties in the cause.

CRITICAL

Applies to

Expert witness list

Each party must exchange a list of expert witnesses who will testify at trial, including their contact information and the subjects of their testimony and opinions.

(f) The exchange of a list of expert witnesses, who will be called to testify at trial, stating their addresses and telephone number, and the subject of the testimony and opinions that w i l l be proferred by each expert witness.

CRITICAL

Applies to

Motion

A movant requesting a hearing must attach an Order for Hearing for the judge to sign; a Notice of Hearing signed by counsel is insufficient.

Any movant requesting a hearing on his motion shall attach to the motion an "Order -for Hearing" to be signed by the Judge. A "Notice o-f Hearing" signed by counsel is not sufficient.

CRITICAL

Applies to

Distress warrant

A distress warrant must be filed as a civil case, and the Justice Court must file the required documents with the Clerk, including a statement of the rent claimed.

A distress warrant issued pursuant to Rule 619, Tx.R.Civ.p -, shall be filed as civil cases generally. The Justice Court shall file the required documents with the Clerk, including a statement showing the amount of the rent claimed.

CRITICAL

Applies to

Indictment

When filing an indictment, the District Attorney must attach a copy of the defendant’s executed bail bond, if any.

At the time of such f i l i n g , the District Attorney shal1 attach to each indictment a copy of the bail bond, if any, executed bv the defendant.

CRITICAL

Applies to

Motion to substitute counsel

A motion to substitute counsel must be signed by all counsel involved in the substitution.

The motion must be signed by a l l counsel involved in the subst itution.

CRITICAL

Applies to

Motion to treat a case as complex

A motion to treat a case as complex must state the specific grounds, unless the Court acts on its own motion.

Unless the Court does so on its own mot ion , a mot i on to treat a case as a complex case shall state the specific grounds therefore.

CRITICAL

Applies to

Dispositive order or judgment

The appropriate order or judgment disposing of a settled or dismissed case must be submitted promptly.

The appropriate Order or Judgment disposing of the case shall be submitted promptly.

CRITICAL

Applies to

Ex parte application

An application for ex parte relief must state whether the opposing party is represented, identify opposing counsel if applicable, and explain why known opposing counsel was not notified.

(b) A l l applications for ex parte relief shall state whether, within the knowledge of the applicant or his counsel , the opposing party is represented by counsel and , if so, the name of such counsel . If opposing counsel is known to the appl icant or his counsel , the appl leant or his counsel shall state why opposing counsel wa-s not notified.

CRITICAL

Applies to

Legal matters for decision

Each party must identify the legal matters for the Court to rule on or decide.

(d) The identification of legal matters to be ruled on or decided by the Court.

CRITICAL

Applies to

Indictment copy for service

If the defendant is in custody, the indictment increases bail, or the defendant has not been arrested, the Clerk must prepare a copy of the indictment for service by the Sheriff.

I-f the indicted defendant is in custody, or if his bail has been increased by the return of said indictment} or if he has not been arrested, the Clerk shall prepare a copy of such ind ictment for service by the Sheriff.

CRITICAL

Applies to

Propositions and issues of law

Each party must file the agreed applicable propositions of law and contested issues of law.

(g) Agreed applicable propositions of law and contested issues of law.

CRITICAL

Applies to

Camera request

If other organizations express interest, the camera request must state an agreement to pool with them.

The request must state an agreement to pool with other news media if other organizations al so express an interest in the proceedings.

CRITICAL

Applies to

Motion to substitute counsel

Substitution of counsel may not be granted if it will delay scheduled settings.

No substitution shall be granted if the substitution will cause a delay of the scheduled settings.

CRITICAL

Applies to

Jury trial demand

A jury-trial demand must be made in writing and the jury fee must be paid at least 30 days before trial.

A demand for a Jury trial shall be made in writing and the jury fee paid not less than 30 days before trial

CRITICAL

Applies to

Waiver of arraignment

A defendant who waives arraignment must acknowledge on the waiver all required pretrial and trial appearances.

I-f a defendant waives arraignment, he shall acknowledge on the waiver o-f arraignment all of his required appearances for pretrial and trial settings.

CRITICAL

Applies to

Arraignment notice

A defendant on bail who has not been indicted must be reset to the next scheduled felony arraignment and receive and acknowledge written notice of the new date.

If a defendant on bail appearing for arraignment has not then been indicted , his cause shal1 be reset to the next scheduled felony arraignment in the County Court at Law. The defendant shall be given notice of his new arraignment date, which notice he shall acknowledge in writing.

CRITICAL

Incoming counsel must accept all settings in the case.

Counsel coming into the case must accept all settings in the case.

CRITICAL

When two or more counsel or a law firm appear as counsel of record, lead counsel must be designated.

Where two or more counsel or a 1 awf irm appear as counsel at record, the "lead counsel" must be designated.

CRITICAL

Applies to

Contested issues of fact

Each party must file the contested issues of fact and a simplification of the issues.

(b) The contested issues of fact and a simplif ication of the issues.

CRITICAL

Applies to

Statement of indigency

A defendant claiming indigency must sign under oath the statement required by Article 26.04(d) of the Texas Code of Criminal Procedure.

A defendant c l a i m i n g indigency shall sign under oath the statement required bv Art. 26.04(d>. Tx.C.Cr.P.

CRITICAL

Applies to

Motion to withdraw as counsel

A motion to withdraw may not be granted if the court determines that delay would cause hardship to an opposing party, regardless of the grounds asserted.

No motion shal1 be granted, regardless of the grounds urged, if the Court determines that any opposing party in the case will suffer hardship by the delay.

CRITICAL

Applies to

Trial exhibits

Each party must mark and exchange all exhibits it may use at trial and stipulate to the authenticity and admissibility of exhibits to be used.

(i) The marking and exchanging of a l l exhibits that any party may use at trial and stipul at ion to the authenticity and admissib 11 i tv of exhibits to be used at trial .

CRITICAL

Applies to

Judgment or order

Regardless of the case’s outcome, the District Attorney must prepare the judgment or order required by law.

Regardless of the result in any case, the District Attorney shall prepare the appropriate judgment or order as required bv law.

CRITICAL

Applies to

Trial designations

Trial designations must identify by page and line number the deposition or other discovery evidence to be offered, including an edited video deposition if applicable.

(k) A 1 isting , by page and 1 ine number, of those portions of a depostion, or other discovery evidence, which will be offered for trial , and, if applicable, any editted video deposition.

CRITICAL

Applies to

Stipulation of facts

Each party must file any stipulation of facts.

(c) Any st ipul ation of -facts .

CRITICAL

Applies to

Judgment or order

A judgment or order in a case disposed of by the District Court, including one handled by an assigned County Court at Law judge, must be filed in the District Court minutes.

The Judgment or order of a case disposed of by the District Court or by the Judge of the County Court at Law assigned to and acting for the District Court shall be -filed in the minutes o-f the District Court.

CRITICAL

Applies to

Camera request

The camera request must designate the portions of the proceedings for which cameras are requested.

The request must designate the portions of the proceedings.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach a copy of the order to the original petition and every copy.

The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.

CRITICAL

Applies to

Summary judgment motion or response

Summary-judgment proof and opposition proof must be attached to the motion or response or specifically refer to the appropriate case record.

The summary judgment proof and proof in opposition must be attached to the motion or the response or must specifically refer to the appropriate record in the case.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A motion must comply with Rule 21, and the movant must certify in writing that consultation was attempted but failed or that consultation was not possible and supporting facts explain why.

Any motion f i l e d in a cause shall comply with Rule 21, T.R.Civ.P. The movant shall certify in writing that he has attempted consultation with the adverse party or parties and that the attempt to resolve the issue f a i l e d , or that there was no opportun ity for consul tat ion and the facts support ing no such opportunity.