La Salle County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements8 rules
8.1. The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
If the Petitioner omits the order from the petition or any copy, the Clerk must attach it when the petition is filed.
Court's wording
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 petition and every copy of the petition presented.
1. Submit an Order Setting to the Court, with a Request for Setting when obtaining a trial date, or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.
Counsel presenting any application for an ex parte order shall, at the time the application is presented to the Court, inform the court:
For an ex parte application against a represented party, counsel must inform the Court that opposing counsel has declined to be heard, that diligent notice efforts failed and further efforts are impracticable, or that notice would effectively deny the requested relief.
Court's wording
A. If the party against whom the relief is sought is represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) counsel presenting the application has diligently attempted to notify opposing counsel, has been unable to do so, and the circumstances do not permit additional efforts to give such notice, or (iii) reasons exist that informing opposing counsel would effectively deny the applicant the relief requested.
3. Always advise the Court in your request that you have contacted the opposing counsel and that they are available for hearing on the date you have requested.
4. When setting or resetting a case for trial, pre-trial, etc., please advise the Court Administrator as to the estimated time you will need for the hearing.
Any attorney practicing in the 81st or 218th Judicial District Court, and the Atascosa County Court at Law, will advise the Court in writing as to any scheduled vacation dates.
Filing & Service rules
Filing Timing and Cure Windows
8.2. 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 and is renewed for subsequent periods of every fourteen days thereafter until a temporary injunction is ordered. If no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of 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.
8.2. 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 and is renewed for subsequent periods of every fourteen days thereafter until a temporary injunction is ordered. If no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of 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.
Civil cases
Page 4 | 8. SERVICE AND APPLICATION OF THIS ORDER
Service and Proof of Service Rules
If no substitute attorney will appear, the party must consent in writing to withdrawal or the withdrawing attorney must provide the client written notice of the motion and its setting by certified mail, first-class mail, or email.
If another attorney is not to be substitute as attorney for the party, the party must either consent in writing to the motion to withdraw, or the withdrawing attorney shall notify the client in writing of the motion to withdraw and a notice of setting on the motion. Notice shall be sent by certified mail, return receipt requested, first class mail, or email.
Page 4 | RULE 1.5 WITHDRAWAL OF COUNSEL — A. Notice to Client
Adjournment & Extension Requirements
A request to continue, pass, postpone, or reset a trial, pretrial, or other hearing may be granted only if all counsel consent or the nonjoining parties receive notice and an opportunity to object.
No request for a continuance, to pass, postpone or reset any trial, pretrial, or other hearing shall be granted unless counsel for all parties consent, or unless all parties not joining in such request have been notified and have had an opportunity to object.
Page 3 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — A. Consent or Notice Required
Unless all counsel consent in writing and the Court approves, a continuance request requires a motion filed under applicable Texas Rule 251 procedures and set through the Court Administrator’s website or like other motions; a noncompliant motion will be denied without prejudice.
Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as applicable, and the motion must be set by the Court Administrator’s website, or in the same manner as all other motions. Any motion that does not meet these requirements will be denied without prejudice to the right to refile.
Page 3 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — B. Contents of Motion
If an opposing counsel sets a trial date that conflicts with an attorney’s scheduled vacation, the vacationing attorney must file a motion for continuance seeking leave to reschedule.
If an opposing counsel sets a trial date which conflicts with the scheduled vacation, it is the responsibility of the vacationing attorney to file a motion for continuance seeking leave of court to reschedule said setting.
Page 5 | RULE 2.2