Kleberg County Court at Law Filing Timing and Cure Windows

CRITICAL

A motion to substitute counsel must be timely filed.

A motion to substitute counsel must be in writing and must be t i mely f i1ed .

CRITICAL

Except in emergencies or when the Clerk's office is closed for business, an application for immediate or temporary relief must be filed and assigned to a Court before it is presented to a Judge.

Except in emergencies or when the Clerk's office is not open for business, no application for immediate or temporary relief shall be presented to a Judge until it has been filed and assigned to a Court as provided in these Rules.

CRITICAL

A motion cannot be placed on the Court's calendar or heard unless it has been filed with the Clerk; if an unfiled motion is called for hearing, the opposing party may recover appearance costs upon demand.

no motion shall be docketed on the Court's calendar unless and until the motion is filed with the Clerk. Any cause called for hearing in which the motion has not been f i l e d shall not be heard or considered ; upon demand the opposing party may recover his costs for appearing at said hearing.

CRITICAL

A motion to withdraw as counsel of record must be timely filed.

A counsel's motion to withdraw as counsel of record must be in writing and must be timely - f i l e d .

WARNING

If no hearing is requested, the Court will rule after the adverse party has had a sufficient opportunity to respond.

If no hearing is requested, the Court shall rule on the motion accordingly after the adverse party has had sufficient opportunity to respond.

CRITICAL

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.

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.

CRITICAL

If no dismissal order is submitted within 3D days after the settlement announcement, the Court shall dismiss the case.

If no Order dismissing the cause is submitted within 3D days of the settlement announcement, the Court shall dismiss the cause.

CRITICAL

To waive felony arraignment and not appear, the defendant must file the waiver on or before the preceding day.

An indicted defendant may waive felony arraignment by executing a waiver of arraignment in the form promulgated by the District Court and thereby not appear for arraignment, provided such waiver is filed the on or before the day preceding felony arraignment day.

CRITICAL

The jury-trial demand and jury fee are due no less than 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

Pretrial motions other than trial-continuance motions must be filed by the Thursday before the scheduled pretrial date.

All pretrial motions, other than for a continuance of the trial, shall be filed by the Thursday prior to the scheduled pretrial date.

CRITICAL

If the costs deposit is not met after 30 days from the order granting severance, the severed cause must be dismissed.

Before the severed c l a i m is fil ed as a new cause, the deposit for costs shall be met, and if not met after 3O days from the Order granting severance, the severed cause shall be dismissed.

CRITICAL

The District Attorney must promptly file all indictments returned by the Grand Jury with the District Clerk.

A l 1 indictments returned by the Grand Jury shal 1 be promptly f i l e d by the District Attorney with the District Clerk .

CRITICAL

Each party must timely file the listed pretrial materials in separate documents, as provided in the Order for Pretrial Conference.

As provided in the Order for Fretrial Conference, each party shall timely f i l e in separate documents the f o l l o w i n g

CRITICAL

The original document must be filed within three days after receipt of the faxed document.

Notions, pleadings and other documents may be f i l e d by -fax or other simil ar tel ephonic or el ectronic transmission , provided that the original document is subsequently filed within three (3) days o-f receipt of the faxed document .

CRITICALCivil cases

The order takes effect when the original petition is filed, remains a temporary restraining order for fourteen days, continues as a temporary injunction if uncontested at a hearing by then, and terminates upon a final order or dismissal.

This order is effective upon the filing of the original petition and shall remain in full force and effect as a Temporary Restraining Order for fourteen days after the date of the filing of the original petition. If no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of the filing of the original petition, this order shall continue in full force and effect as a Temporary Injunction until further order of the court. This entire order will terminate and will no longer be effective once the court signs a final order or the case is dismissed.

CRITICAL

A continuance motion must be filed no later than the District Court’s regular pretrial hearing date.

(b) A motion for continuance, whether by the State or by the defendant, shall be in writing and shall be filed on or before the regular pretrial hearing date of the District Court.

CRITICAL

Deadline

3 business days

A camera request must be made at least three business days before proceedings commence.

The request must be made at least three business days prior to commencement of proceedings of any given case.

CRITICAL

After approving the Final Pretrial Order, the Court will not consider a dilatory matter before jury selection or the start of a nonjury trial unless good cause is shown on the face of the motion or pleading.

Upon approving a final pretrial Order, the Court shall not consider any dilatory matter prior to jury selection or the commencement of a nonjury trial , except for good cause shown on the face of the motion or pleading.

CRITICAL

Matters not raised at the Final Pretrial Conference are waived, and the Court generally will not hear on the trial date matters not raised there or filed afterward, absent good cause.

A l l matters not raised at the Final Pretrial Conference shall be deemed waived, and, except for good cause shown., the Court shall not hear or consider on the day of trial any matter not raised at the Final Pretrial Conference or any matter filed after the Final Pretrial Conference.

CRITICAL

Failure to timely submit a fee application waives compensation.

Failure to timely submit a fee application shall constitute a waiver of comoensation.

CRITICAL

The submission date for a motion presented without a hearing must be at least 15 days after the motion is filed.

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.

WARNING

The opposing party may request a hearing or file a written response no later than the third day before the submission date.

The opposing party may request a hearing of the motion or f i l e his written response on or before the third day prior to the submission date.