Kleberg County Court at Law Document Filing Requirements

CRITICAL

Applies to

Fee application

Counsel seeking payment must submit a written fee application on the Court’s form with supporting expense documentation attached.

Counsel requesting payment must submit a written -fee application in the form promulgated by the Court at the time of the guilty plea proceeding or dismissal of the case or within two days of the completion of other services. The app'l ication must have attached to it any documentation to support expenses, including charges by investigators.

CRITICALCivil cases

Applies to

Petition

If the Petitioner omits the order, the Clerk must ensure it is attached to the petition and every copy presented when the petition is filed.

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 petit/on and every copy of the petition presented.

CRITICAL

Applies to

Motion for continuance

A continuance motion alleging conflicting settings must attach proof, including dated notices of the conflicting settings, or the District Court may deny it without a hearing.

A motion for continuance that avers conflicting settings shall have attached to it as exhibits the proof of such confl ict , including dated notices of the conf1icting settings. Failure to attach such proof shal1 authorize the District Court to deny the motion without a hearing.

CRITICAL

Applies to

Document

The first or title page of every document must address the Court in the prescribed manner.

The first or title page of each document shall be addressed to the Court in the manner provided herein.

CRITICAL

Applies to

Indictment and felony information

All indictments and felony informations must be filed with the District Clerk and docketed with the District Court.

A l 1 indictments and a l 1 felony informations shal 1 be -filed with the District Clerk and shall be docketed with the District Court.

CRITICAL

Applies to

Trial docket

The District Court Coordinator must prepare the trial docket by noon on the last Friday of each month.

The Court Coordinator -for the District Court shall prepare the trial docket by 12:00 Noon of the 1 ast Friday o-f each month.

CRITICAL

Applies to

Written trial objections

Written trial objections to an opposing party's exhibits must state the basis for each objection.

C.j) Written trial objections to the opposite party's exhibits, stating the basis for each objection .

CRITICAL

Applies to

Written trial objections

Written trial objections to deposition testimony or other discovery evidence must identify the page or line and state the basis for each objection.

(m) Written trial abjections to any deposition testimony, by page or line number, or other discovery evidence , stating the basis for each objection

CRITICAL

Applies to

Arraignment notice

The defendant must receive notice of the new arraignment date and acknowledge it in writing.

The de-f endant shal 1 be given notice o-f his new arraignment date, which notice he shal1 acknowledge in writing .

CRITICAL

Applies to

Motion to withdraw as counsel

A withdrawal motion must state that counsel informed the client of the withdrawal, all case settings, and the need to retain new counsel or the consequences of appearing without counsel.

The motion must state that counsel has informed his cllent that counsel seeks to withdraw from the case; that counsel has informed his cllent of a l 1 settings in the case; and that counsel has advised his client to either retain new counsel or of the consequences of appearing without counsel .

WARNING

Applies to

Court document

Each filed document must be given a number.

Each document filed in the case shal1 be given a number and shal1 have attached to it on either margin a tab with a number corresponding to the index.

WARNING

Applies to

Motion to substitute counsel

Unless the motion clearly states that the substitution is done with the party's permission, the motion need not be signed by the party.

Unless the motion clearly states that the substitution is done with the party's permission, the motion need not be signed by the party.

WARNING

Applies to

Indictment

When a case is reindicted, the new indictment must be referred to as a superseding indictment.

(a) When a case is reindicted. the new indictment shall be referred to as a superseding indictment.

WARNING

Applies to

Agreed final pretrial order

A Final Pretrial Conference is required unless the Court approves, before the scheduled conference date, an agreed order signed by all counsel of record and unrepresented parties.

The Court shall conduct a Final Pretrial Conference in each case, unless an Agreed Final Pretrial Order signed by all counsel of record and parties not represented by counsel is approved by the Court prior to the scheduled Final Pretrial Conference date.

WARNING

Applies to

Waiver of arraignment

An indicted defendant may waive felony arraignment by executing a waiver of arraignment in the form promulgated by the District Court

An indicted defendant may waive felony arraignment by executing a waiver of arraignment in the form promulgated by the District Court

WARNING

Applies to

Superseding indictment

The clerk must file a superseding indictment in the same cause as the original indictment.

(b) The clerk shall f i l e the superseding indictment in the same cause as the original indictment.

INFO

Applies to

Trial exhibit list

If the exhibits were provided during discovery, the parties may exchange and file a list clearly identifying the exhibits to be used at trial.

provided during discovery, then the parties may exchange and file a list of exhibits clearly identifying the exhibits to be used at trial.

INFO

Applies to

Motion to withdraw as counsel

If the party signs and approves the withdrawal motion, the court may grant it without a hearing.

If the motion is signed and approved by the party, the Court may grant the motion without a hearing.

INFO

Applies to

Pretrial hearing waiver

A defendant may waive a pretrial hearing and avoid appearing either by filing no pretrial motions, with that fact noted on the docket, or, if motions were filed, by filing a waiver in the District Court’s prescribed form.

A de-fendant may waive a pretrial hearing and thereby not be required to appear at said hearing either (a) by not f il ing pretrial motions, which fact sha'l 1 be noted on the docket sheet of the case, or, <b> although having -filed pretrial motions, by - f i l i n g a waiver o-f pretrial hearing in the -form promul gated by the District Court

CRITICAL

Applies to

Pretrial motion

A pretrial motion must comply with Local Rules 5.081 and 5.034 or be denied without a hearing, unless good cause is shown in a written motion for leave to file.

Except for good cause shown upon written motion for leave to file, no pretrial motion shall be considered by the Court unless it complies with Local Rules 5.081 and 5.034; otherwise, the Court shall deny the motion without a hearing until there is compliance with said Rules.

WARNING

Applies to

Billing

Counsel must provide precise billing.

Precise billing is required.