Knox County District Court, Texas Document Filing Requirements

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

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 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

Proposed jury charge

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

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

CRITICAL

Applies to

Preliminary matters

Counsel and self-represented parties must file and present all preliminary matters to the Court at pretrial conferences.

It shall be the duty of all counsel and self-represented parties to file and present to the Court all preliminary matters at the pretrial conferences.

CRITICAL

Applies to

Proposed order

Must include

proposed order

The prevailing party must prepare a 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 conclusion notice

After a bankruptcy concludes, counsel must promptly notify the Court Administrator and include the bankruptcy order.

Once a bankruptcy has been concluded, whether by discharge, denial of discharge, dismissal or otherwise, counsel shall promptly notify the Court Administrator and shall include a copy of such bankruptcy order so that the affected case may be restored to the active docket or be dismissed as may be appropriate.

CRITICAL

Applies to

Motion

Must include

certificate of conference

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.

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

Setting request

A setting request must be written and timely delivered to the Court Administrator, state the trial type and estimated trial time, identify unresolved discovery or pretrial matters, and certify delivery to all counsel and self-represented parties.

3.1. SETTING REQUESTS shall: 3.1.1. Be written and timely delivered to the Court Administrator; 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; 3.1.3. Advise which, if any, discovery, and other pretrial matters remain unresolved; 3.1.4. Certify that a copy of the request has been duly delivered to all counsel and self represented parties.

CRITICAL

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 finds provisions on conservatorship, child support, or visitation ambiguous, incomplete, or unenforceable.

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.

CRITICAL

Applies to

Order setting hearing

When spousal maintenance or child support is requested, the party seeking a hearing must prepare an order setting hearing with the required income-statement language.

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

Written income statement

All parties must file and deliver income statements, including paystubs and tax returns, by the day before the hearing.

“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

Bankruptcy filing notice

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

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

Jury docket announcement

Each attorney in charge must make a written ready-or-not-ready announcement, which the Judge must receive at least 14 full days before the first day of the jury setting.

Written announcements of “ready” or “not ready” must be made by each attorney in charge and received by the Judge at least fourteen (14) full days prior to the first day of the jury setting.

CRITICAL

Applies to

Jury docket announcement

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

Exhibit objection

Objections to exhibits must be presented in writing at the pretrial conference.

any objections to such exhibits shall be presented, in writing, at the pretrial conference.

CRITICAL

Applies to

Bond copies

Copies of bonds must be furnished to the Court Administrator in a timely manner.

Copies of bonds shall be timely furnished to the Court Administrator.

CRITICAL

Applies to

Proposed final decree

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

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

Petitioner's inventory and appraisement

In a contested property-division dissolution suit, the Petitioner must file a complete, sworn itemized inventory and appraisement no later than 15 days before trial, listing property and values.

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.

CRITICAL

Applies to

Continuance motion

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

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

CRITICAL

Applies to

Arraignment waiver

Each defendant and any counsel must appear in person for arraignment unless a written waiver of arraignment has been filed.

Each Defendant and counsel, if any, shall appear in person for arraignment unless a written waiver of arraignment has been filed.

CRITICAL

Applies to

Jury trial readiness notice

For every criminal case in which the State is ready for jury trial, the District Attorney must notify the Court Administrator in writing and include the names and addresses of the Defendant, counsel, and bondsman.

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.

CRITICAL

Applies to

Respondent's inventory

The Respondent must file an inventory at least eight days before trial and place items omitted from the Petitioner’s inventory at the end of the appropriate category.

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

Jury docket announcement

A not-ready announcement must state 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

A jury announcement must include a certificate stating 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

Requested division of community estate

At the final hearing of a contested property-division divorce, counsel and self-represented parties must present a document listing the requested division of community and separate assets and liabilities.

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; 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

Jury docket announcement

A jury announcement must estimate the time required for trial.

An estimate of the time required for trial;

CRITICAL

Applies to

Proposed final order or decree

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

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.

WARNING

Applies to

Consent to inspection of pre sentence report

When a Defendant seeks probation or Court-assessed punishment, the Defendant and counsel are encouraged to execute consent to inspection of the pre-sentence report at least five days before a pretrial hearing.

If a Defendant desires to make an application for probation and/or requests that punishment be assessed by the Court, the Defendant and his/her counsel are encouraged to execute a consent to the Court’s inspection of pre- sentence report at least five (5) days before any pretrial hearing.