Kleberg County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Motion

A motion to treat a case as complex must state its specific grounds unless the Court raises the issue 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

Transfer order

A transfer between courts must be documented in writing 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

Agreed final pretrial order

An agreed final pretrial order signed by all counsel of record and unrepresented parties must be approved by the Court before the scheduled conference date to avoid the Final Pretrial Conference.

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

CRITICAL

Applies to

Final pretrial order

An agreed Final Pretrial Order must address matters considered at the 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

Pretrial filings

Each party must timely file the listed pretrial materials as separate documents.

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: (a) A written statement a-f the partVs contentions, not to exceed one page, daub! e spaced and in regul ar size print. (b) The contested issues of fact and a simplif ication of the issues. (c) Any st ipul ation of -facts . (d) The identification of legal matters to be ruled on or decided by the Court. (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. (f) The exchange of a list of expert witnesses, who w i l l 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. (g) Agreed applicable propositions of law and contested issues of law. (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, (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

Motion

Must include

certificate of conference

A movant must certify in writing that consultation was attempted but unsuccessful, or explain why consultation was not possible and state the supporting facts.

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 failed, or that there was no opportunity for consultation and the facts supporting no such opportunity.

CRITICAL

Applies to

Motion

Must include

proposed order

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

Motion

A movant seeking a ruling without a hearing must attach a Notice of Submission stating that the motion will be submitted no earlier than 15 days after filing.

A movant requesting the granting of his motion without a hearing shall attach to the motion a "Notice of Submission" stating that the motion shall be submitted to the Court for ruling without a hearing not less than 15 days after the filing of the motion.

CRITICAL

Applies to

Proposed order

Each party must submit a proposed Order that states the relief requested.

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

CRITICAL

Applies to

Summary judgment motion and response

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

(b) The summary judgment proof and proof in opposition must be attached to the motion or the response or must spec if ical 1 y refer to the appropriate record in the case.

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) 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

Document

The first or title page of each document must include the specified court address.

The first or t i t l e page of each document shall be addressed to the Court in the manner provided herein. The address shal 1 be centered and shal 1 be not 1 ess than one inch from the top of the page . The address shal 1 be as f o i l ows : 11 IN THE DISTRICT COURT OF KLEBERS COUNTY, TEXAS THE 1O5TH JUDICIAL DISTRICT OF TEXAS" .

CRITICAL

Applies to

Discovery hearing request

Must include

certificate of conference

A discovery-complaint hearing request must include counsel’s certification of an unsuccessful effort to resolve the issue by agreement, unless counsel shows good cause for not making that effort.

Requests for hearings on discovery complaints shall not be granted unless movant counsel certies that he has attempted to obtain such discovery or rel ief from opposing counsel by agreement and has been unsuccessful , or shows good cause for not mak ing such effort.

CRITICAL

Applies to

Ex parte application

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

All 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

Indictment

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

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

List of indictments

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

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

Interview report

The report must include the person's education, employment, criminal activity, finances, substance-abuse history, and other information needed to assist with setting bail and conditions.

(b) The report shall include a history of the person's education, employment, criminal activity, financial ability, alcohol and controlled substance abuse, and such other information necessary to assist the magistrate in setting bail and in imposing conditions of bail.

CRITICAL

Applies to

Waiver of arraignment

An indicted defendant may waive felony arraignment using the District Court’s promulgated form, provided the waiver is filed by 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

Applies to

Pretrial motion

Must include

proposed order, certificate of service, certificate of conference

Each pretrial motion must include the requested relief, pertinent facts, authorities and supporting argument, applicable signatures and verification, 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

Motion for continuance

A continuance motion alleging conflicting settings must attach exhibits proving the conflict, including dated notices, or the 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 conflict, including dated notices of the conflicting settings. Failure to attach such proof shal1 authorize the District Court to deny the motion without a hearing.

CRITICAL

Applies to

Judgment or order

The District Attorney must prepare the appropriate judgment or order in every case, regardless of the result.

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

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 County 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

Judgment or order

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

(a) 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

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.

(b) 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

Indigency statement

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 claiming indigency shall sign under oath the statement required bv Art. 26.04(d>. Tx.C.Cr.P.

CRITICAL

Applies to

Fee application

Counsel requesting payment must submit a court-form fee application at the specified time and attach documentation supporting expenses.

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.

CRITICAL

Applies to

Motion to substitute counsel

A motion to substitute counsel must be written and timely filed.

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

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 all counsel involved in the substitution.

CRITICAL

Applies to

Motion to withdraw as counsel

A motion to withdraw as counsel of record must be written and 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 .

CRITICAL

Applies to

Motion to withdraw as counsel

A motion to withdraw as counsel must state specific grounds.

The motion must state specific grounds.

CRITICAL

Applies to

Motion to withdraw as counsel

A motion to withdraw must state that counsel informed the client of the requested withdrawal and all case settings and advised the client about retaining new counsel or 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 .

CRITICAL

Applies to

Camera request

A request to permit cameras in the courtroom must be in writing.

Ca) A request to permit cameras in the courtroom must be i n wr i t ing.

CRITICAL

Applies to

Camera request

The camera request must designate which portions of the proceedings it covers.

(c) The request must designate the portions of the proceed ings.

CRITICAL

Applies to

Camera request

If other organizations express interest in the proceedings, the camera request must state an agreement to pool with other news media.

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

CRITICALCivil cases

Applies to

Petition

The petitioner must attach this order to the original petition and every copy; if the petitioner fails to do so, the Clerk must attach it when the petition is filed.

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 petit/on and every copy of the petition presented.

WARNING

Applies to

Pretrial hearing waiver

A defendant may waive a pretrial hearing by filing no pretrial motions, with that fact noted on the docket, or by filing the District Court’s prescribed waiver form after filing motions.

A defendant may waive a pretrial hearing and thereby not be required to appear at said hearing either (a) by not filing pretrial motions, which fact shall be noted on the docket sheet of the case, or, (b) although having filed pretrial motions, by filing a waiver of pretrial hearing in the form promulgated by the District Court.

WARNING

Applies to

Motion

The Court may vary the compensation schedule on a written motion setting forth good cause, consistent with the County's ability to pay.

Upon written motion setting -forth good cause, the Court may vary -from the -foregoing schedule to fairly compensate counsel in a particular case, consistent with the ability of the County to pay.

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.

CRITICAL

Applies to

Pretrial motion

A pretrial motion must comply with Local Rules 5.081 and 5.034 to be considered; otherwise, it will be denied without a hearing until compliance, 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.