Lavaca County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
Document Format Requirements4 rules
In lieu of the Proposed Property Division form, a copy of a spreadsheet showing assets shall be provided to the court in an editable electronic format at the beginning of trial.
The signature line for the judge to sign proposed orders shall not be on a separate page, but shall be on a page with other text.
A draft of an order shall not be typed on the same page with a pleading, motion, certificate of service, or any part thereof, and each such draft shall have a heading showing the cause number, the style of the case, and the court in which it is pending.
Any show cause or other order setting a case presented for signature to a judge shall be on a separate page and not combined with a pleading.
Document Filing Requirements37 rules
A party shall not request a setting unless the party has filed the motion with the certifications required in Local Rule: Chapter 2 Subsection 2 or will file the motion immediately, but in no event later than 24 hours after obtaining the setting dates from the appropriate Court Administrator.
All hearings in contested cases shall be set by written motion with a Notice or Order Setting Hearing attached.
The Notice or Order Setting Hearing shall contain an estimated time allocation for the hearing.
Each party shall file and serve on all other parties a proposed jury charge, including questions, definitions, and instructions, which shall include citations to the Texas Pattern Jury Charge and other authority that supports the submission.
every motion shall include a certification that "counsel has conferred with (or made reasonable efforts to confer with) all parties about the date, time, and format of the setting"
- Document
- Motion
Must include
- •Certificate of conference
Every nondispositive motion must certify good-faith conferral with affected parties or reasonable efforts to confer; the court may strike a setting if the motion lacks the required certificates.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
every motion (other than dispositive motions) shall also certify that: - "Counsel has conferred with all parties who may be affected by the relief sought in this motion in a good faith effort to resolve or narrow the issues raised."; or - "Counsel has made reasonable efforts to confer with all parties who may be affected by the relief sought in this motion but has been unable to do so." The court retains discretion to strike any setting in which the motion (or an amended version of the motion) does not include such certificates.
A hearing request on a motion to compel discovery must include counsel’s certification that agreement was attempted unsuccessfully.
Court's wording
a. Requests for hearings on any motions related to compelling discovery in any form shall be accompanied by a certification from movant's counsel that they have attempted to obtain relief by agreement and have been unsuccessful. No hearing request will be granted on motions relating to compelling discovery without the required certification.
When presenting a TRO that affects possession of or access to a child the requesting party shall include a statement that either (a) attempts have been made to confer with opposing counsel and have been unsuccessful or (b) the respondent is unrepresented at this time.
Upon the Court's order, counsel shall prepare the jury charge in its final form making changes or modifications ordered by the court.
At the civil announcement docket, each side shall present to the court a proposed jury charge.
If the parties agree to stipulate, the stipulation must be in writing and signed by all parties.
Each party shall prepare and deliver a Proposed Disposition of Issues, which shall state separately, in brief complete sentences each trial decision that is sought by the party that is not covered by a Proposed Parenting Plan.
Unless the parties agree or stipulate to income or net resources, each party must provide specified income records to the judge at the hearing and to the opposing party before the hearing, but not file them.
Court's wording
Additionally, unless the parties agree or stipulate to a party's income and/or net resources as defined by the Texas Family Code, each party is required to furnish copies of the party's preceding four payroll statements or paystubs and the party's preceding year's income tax return (if the tax return has been filed), and preceding year's W-2 to the judge (but not the file) at the time of the hearing and to the opposing party prior to the hearing.
In suits involving conservatorship or possession and access, each party must deliver one of the specified completed and signed parenting plans or summarize the requested relief in a Proposed Disposition of Other Issues.
Court's wording
In any suit requiring a determination or modification of conservatorship, or possession and access to a child, each party shall prepare and deliver a Proposed Parenting Plan, pursuant to Texas Family Code §153.603, fully completed and signed by the party, a single agreed Proposed Parenting Plan signed by both parties, or shall summarize the relief in brief complete sentences as part of a Proposed Disposition of Other Issues.
Before any hearing on temporary or interim orders in the specified family-law suits, each party must prepare and deliver the required pretrial forms.
Court's wording
Before any hearing on temporary or interim orders in any divorce suit or suit affecting the parent-child relationship (which include, but are not limited to, modification suits, paternity suits, and original suits) each party shall prepare and deliver pre-trial forms as follows:
In any suit requiring a determination of child support or spousal maintenance, each party shall prepare and deliver a Financial Information Sheet using the form posted on the County District Courts' website, fully completed and signed by the party.
ii. In any suit requiring determination of child support or spousal maintenance, each party shall prepare and deliver a Proposed Support Decision using the form posted on the Gonzales County District Courts' website, fully completed and signed by the party.
2. All payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-1 for the calendar year of the trial from January 1 through the date of trial.
In suits involving conservatorship or possession and access, each party must provide one of the specified completed and signed parenting plans or summarize the requested relief in brief complete sentences in the Proposed Disposition of Other Issues.
Court's wording
iv. In any suit requiring a determination or modification of conservatorship, or possession and access to a child, each party shall prepare and deliver a Proposed Parenting Plan, pursuant to Texas Family Code §156.603, fully completed and signed by the party, a single agreed Proposed Parenting Plan signed by both parties, or shall summarize in the requested relief in brief complete sentences as part of a Proposed Disposition of Other Issues.
1. The party's federal income tax returns for the previous two calendar years, or if no such return(s) have been filed, then all payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-1 for such years; and
Each party must prepare and deliver a Proposed Disposition of Other Issues listing in brief complete sentences each requested trial decision not covered by the other specified proposals.
Court's wording
vi. Additionally, each party shall also prepare and deliver a Proposed Disposition of Other Issues, which shall state briefly in brief complete sentences each trial decision that is sought by the party that is not covered by the Proposed Property Division, Proposed Support Decision, or Proposed Parenting Plan.
v. In any suit requiring a determination or modification of conservatorship, or possession and access to a child, a home study must be completed unless waived by court order.
No case will be set for final trial on the merits without one of the following: a. An Order Waiving Mediation; or b. A letter from a mediator stating that mediation was attempted but unsuccessful.
If the divorce involves children, the parties shall file a certificate of completion showing that a 4 hour parenting class has been completed prior to requesting the court render the divorce.
A motion to substitute shall be signed by all parties and counsel shall continue to appear until an order granting the motion to substitute is signed by the court assigned to the case.
A motion to withdraw must be presented at a hearing after notice to the client and all other parties, unless the attorney files the specified consents and certificate.
Court's wording
A motion to withdraw from representation shall be presented at a hearing after notice to the client and all other parties unless the moving attorney: a. Files written consent to the withdrawal signed by all other parties; b. Files a written consent to the withdrawal signed by the client; and c. Files a certificate stating the last known mailing address of the client.
Motions to retain shall set forth the factual and legal basis for retaining the case and shall be filed at least 14 days prior to the dismissal date specified in the notice of dismissal.
At the end of representation, court-appointed attorneys must provide an itemized statement of in-court and out-of-court hours, submitted only as an attachment to the fee voucher.
Court's wording
All court appointed attorneys shall, at the conclusion of the representation of a defendant, provide the court with an itemized statement reflecting the hours spent in court and the number of hours spent out of court in representation the defendant. The statement may only be submitted as an attachment to the fee voucher.
The attorneys for the state and the defense shall deliver to the Court a proposed charge on the Monday the trial commences. The charge shall be provided prior to the commencement of jury selection.
Upon order of the Court, the State shall prepare the jury charge in its final form making changes or modifications at the direction of the Court.
The Petitioner must attach a copy of the order to the original petition and each copy; if omitted, the Clerk must attach it when the petition is filed.
Court's wording
The Petitioner shall attach a copy of this order to the original petition land to each copy of the petition. At the time the petition is filed, if the Petitioner has f~i1ed 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 jof the petition presented.
Anyone using Generative AI in work product, research, or drafting must include the specified verification in bold in pleadings.
- Document
- Pleading
Must include
- •AI disclosure
Court's wording
As a result of Generative AI's tendency to fabricate and malfunction, the Court hereby ORDERS any attorney or self-represented litigant that chooses to use Generative AI in their work product, research, or drafting must include the following verification in bold in their pleadings:
A pleading using Generative AI without the verbatim verification in bold will not be considered by the Court.
- Document
- Pleading
Include
- •AI disclosure
Court's wording
If an attorney or self-represented litigant uses Generative AI in their work product, research, or drafting of a pleading and that pleading fails to contain the above verbatim verification in bold, it will not be considered by the Court.
Failing to include the verbatim verification in bold when using Generative AI in a pleading violates the Standing Order.
- Document
- Pleading
Include
- •AI disclosure
Court's wording
The Court, hereby ORDERS it is a violation of this Standing Order if an attorney or self-represented litigant uses Generative AI in their work product, research, or drafting of a pleading and fails to include the above verbatim verification in bold in paragraph III.
3. This Rule does not supersede any requirement to respond to discovery requests.
So far as practicable, every draft of a judgment, decree, or order to be signed by a judge or associate judge shall be signed by all parties evidencing approval as to form before it is presented to the judge.
The word "entered" shall not be used to show the date on which a judgment, decree, or order is signed.
Filing & Service rules
Electronic Filing Rules
A case may not be set on a District Court docket unless the appropriate Court Administrator signs the Notice or Order Setting Hearing and it is e-filed into the case.
A case will not be set on any District Court docket unless a Notice or Order Setting Hearing has been signed by the Court Administrator for the District Court presiding over the hearing and e-filed into the case.
Page 4 | 2.1 Setting Cases for Contested Motions/Hearings
A motion for additional hearing time must explain the need and amount requested, be e-filed, and be presented to the assigned District Court’s Court Administrator.
The motion requesting additional time shall be supported by facts that show why additional time is needed in order to fully and fairly consider all issues, shall include how much additional time is requested, and shall be e-filed and then presented to the Court Administrator for the District Court assigned to the case.
Page 12 | 3.7.c Requests for Additional Time
Unless the Court directs otherwise, all orders must be e-filed for submission to the Court within fourteen days after rendition.
All orders shall be e-filed for submission to the Court within fourteen (14) days from the date of rendition, unless otherwise directed by the Court.
Page 16 | 4.6 Timeline for Submission by Parties
Proposed or draft orders must be e-filed with the District Clerk.
Proposed or draft orders shall be e-filed with the District Clerk.
Page 16 | 4.1 Filing of Proposed Orders
Draft orders approved as to form must be e-filed with the District Clerk for presentation to the deciding judge within ten days after the hearing or final trial.
Draft orders, approved as to form, shall be e-filed with the District Clerk for presentation to the judge who decided the matter within ten days after the hearing or final trial.
Page 16 | 4.3 Presentation of Orders After Hearing
Motions to withdraw must be e-filed and set with the District Court assigned to the case.
Motions to Withdraw shall be e-filed and set with the District Court assigned to the case.
Page 25 | 9.7 Motions to Withdraw and Motions to Substitute
Motions to substitute must be e-filed, and if the presiding judge has not already signed the order, it must be presented to the court for signature at the next docket setting.
Motions to Substitute shall be e-filed and the order shall be presented to the court at the next docket setting for signature if the order has not been previously signed by the presiding judge.
Page 25 | 9.7 Motions to Withdraw and Motions to Substitute
Filing Timing and Cure Windows
A summary judgment motion may not be set within thirty days of a final trial setting.
Motion for summary judgment shall not be set within 30 days of a final trial setting.
Page 3 | THIRTY DAYS BEFORE TRIAL
All challenges to expert witnesses must be filed thirty days before trial.
All challenges to expert witnesses shall be filed.
Page 3 | THIRTY DAYS BEFORE TRIAL
Summary judgment motions must be filed and heard at least thirty days before trial.
All motions for summary judgment shall be filed and heard at least 30 days before trial.
Page 3 | THIRTY DAYS BEFORE TRIAL
Required pre-trial forms and any pleading amendments must be filed before 5:00 p.m. on the Monday two weeks before the week of trial.
i. Each party shall file the required pre-trial forms and any amendment to pleadings before 5:00 p.m. on the Monday two weeks before the week of the trial setting.
Page 14 | 3.8 c. When to File
Unless the Court directs otherwise, all orders must be e-filed for submission within fourteen days from rendition.
All orders shall be e-filed for submission to the Court within fourteen (14) days from the date of rendition, unless otherwise directed by the Court.
Page 16 | 4.6 Timeline for Submission by Parties
Approved draft orders must be presented to the deciding judge within ten days after the hearing or final trial.
Draft orders, approved as to form, shall be e-filed with the District Clerk for presentation to the judge who decided the matter within ten days after the hearing or final trial.
Page 16 | 4.3 Presentation of Orders After Hearing
A motion to retain must be filed at least 14 days before the dismissal date specified in the notice.
Motions to retain shall set forth the factual and legal basis for retaining the case and shall be filed at least 14 days prior to the dismissal date specified in the notice of dismissal.
Page 22 | 8.5 Motions to Retain and Objections to Motions to Retain
An objection to a motion to retain must be filed at least 7 days before the dismissal date specified in the notice.
Any objection to a motion to retain shall be filed at least 7 days prior to the dismissal date specified in the notice of dismissal.
Page 22 | 8.5 Motions to Retain and Objections to Motions to Retain
Parties filing motions to retain shall file any objection to mediation simultaneously with a motion to retain.
Parties filing motions to retain shall file any objection to mediation simultaneously with a motion to retain.
Page 23 | 8.6 Objection to Mediation
An objection to mediation after notice of a motion to retain must be filed at least 7 days before the dismissal date specified in the notice of dismissal.
Parties receiving notice of a motion to retain shall file any objection to mediation at least 7 days prior to the dismissal date specified in the notice of dismissal.
Page 23 | 8.6 Objection to Mediation
After the deadline, amendments to pre-trial forms or pleadings may be filed only by party agreement or with court leave, which will be granted unless the filing would surprise the opposing party.
ii. Amendments to pre-trial forms and amendments to pleadings may be filed after the deadline above only by agreement of the parties or upon leave of the court, which leave will be granted unless there is a showing that the filing will operate as a surprise to the opposite party.
Page 14 | 3.8 c. When to File
Service and Proof of Service Rules
Each party must serve the proposed jury charge on all other parties one week before trial.
Each party shall file and serve on all other parties a proposed jury charge, including questions, definitions, and instructions, which shall include citations to the Texas Pattern Jury Charge and other authority that supports the submission.
Page 4 | ONE WEEK BEFORE TRIAL
The party obtaining a setting must notify all parties of its date, time, and total time needed, send notice the same day, and follow the applicable rules; delay may be argued as a basis for continuance.
The party who obtains the setting shall give notice to all parties of the time and date of a setting and the total time needed for the entire hearing for all participants. Notice shall be given in the manner and within the time provided by the Texas Rules of Civil Procedure and these Local Rules. Notice shall be sent the same day the party obtains the setting, and any delay in sending notice may be argued by opposing counsel as a basis for continuance.
Page 5 | 2.3 Notice of Setting to be Provided by the Party Obtaining the Setting
Each party must deliver the required form to the opposing party and the judge hearing the case.
Each party shall deliver the required form to the opposing party and to the judge hearing the case.
Page 11 | 3.3.b To Whom Form is Delivered
Each party must deliver the form to the opposing party before the case is called and to the judge at the hearing.
Each party shall deliver the required form to the opposing party before the case is called for hearing, and to the judge at the time of the hearing.
Page 11 | 3.3.c When Form is Delivered
Unless the parties agree or stipulate to income or net resources, each party must furnish the specified financial records to the court without filing them and to the opposing parties at trial.
iii. Additionally, in any suit requiring a determination of child support or spousal maintenance, unless parties agree or stipulate to a party's income and/or net resources as defined by the Texas Family Code, each party is required to furnish to the court (but not file), and to opposing parties, copies of the following at the time of trial:
Page 13
Each party must file the required forms with the District Clerk and deliver a copy to the opposing party.
Each party shall file the required forms with the District Clerk and deliver a copy to the opposing party.
Page 14 | 3.8 b. Where to File
Copies of notices, motions, and pleadings required to be filed under the standing order must also be delivered to the assigned District Court's Court Administrator.
A copy of notices, motions, and pleadings required to be filed by this standing order also shall be delivered to the Court Administrator for the District Court assigned to the case.
Page 22 | 8.2 Copies to Court Administrator
Pre-Motion Conference Requirements
Before presenting a TRO affecting possession of or access to a child when the opposing party is represented, the applicant or counsel must confer.
If a TRO affects the possession of or access to a child, and the opposing party is represented by counsel, the applicant or their counsel shall confer prior to presenting the TRO to the appropriate Court Administrator.
Page 9 | 3.2 Application for TRO to be Served with Citation
In a family law case, a TRO request to be served with citation may be presented ex parte if supported by an affidavit and if it would not affect possession of or access to a child.
Notwithstanding Chapter 7, in a family law case, a request for a TRO to be served with citation may be presented ex parte if supported by an affidavit and if the relief would not affect the possession of or access to a child.
Page 9 | 3.2 Application for TRO to be Served with Citation
Parties are encouraged to confer about the form of a judgment or order, and a drafting party may set a motion to enter if no response is received within seven business days; sanctions, including attorney’s fees, may be considered if the motion is required.
All parties are encouraged to confer and attempt to resolve any disputes relating to the wording of judgments and orders. Parties responsible for drafting the judgment or order should make reasonable attempts to confer on the form of the order. Should the drafting party not receive a response within seven (7) business days, the drafting party can, at their discretion, set the case for a motion to enter. Counsel is encouraged to remember that the courts can and will consider all available sanctions including attorney's fees should a motion to enter be required.
Page 17 | 4.8 Motions to Enter
Adjournment & Extension Requirements
Filing a motion for continuance, even with all parties’ agreement, does not continue the case; a signed order or notice from the Court Administrator that parties need not appear is required.
The mere filing of a Motion for Continuance does not mean that the continuance will be granted, even with the agreement of all parties. A case is not continued unless an Order Granting the Motion for Continuance has been signed by the presiding judge or the Court Administrator for the presiding judge has notified all parties not to appear.
Page 6 | 2.6 Motions for Continuance
Chambers Communication Rules
Attorneys who will miss the 9:00 a.m. docket call must notify the Court Administrator where they are appearing first and when they expect to appear.
Attorneys shall notify the Court Administrator if they will not be in docket call at 9:00 a.m. and state where they are appearing first and what time they anticipate appearing.
Page 25 | 9.6 Appearance Priority in Criminal Cases