Lavaca County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Proposed jury charge

Each party must file and serve a proposed jury charge containing questions, definitions, instructions, and supporting authority citations 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.

CRITICAL

Applies to

Hearing setting motion

A contested hearing must be set by written motion with a Notice or Order Setting Hearing attached.

All hearings in contested cases shall be set by written motion with a Notice or Order Setting Hearing attached.

CRITICAL

Applies to

Notice or order setting hearing

A Notice or Order Setting Hearing must state the estimated time allocation for the hearing.

The Notice or Order Setting Hearing shall contain an estimated time allocation for the hearing.

CRITICAL

Applies to

Motion

A party may request a setting only if the motion with the required certifications is already filed or will be filed immediately and no later than twenty-four hours after obtaining setting dates.

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.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Every motion must certify that counsel conferred, or made reasonable efforts to confer, with all parties about the setting’s date, time, and format.

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"

CRITICAL

Applies to

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.

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.

CRITICAL

Applies to

Discovery motion hearing request

Must include

certificate of conference

A hearing request on a motion to compel discovery must include counsel’s certification that agreement was attempted unsuccessfully.

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.

CRITICAL

Applies to

Proposed jury charge

At the civil announcement docket, each side must present a proposed jury charge to the court.

At the civil announcement docket, each side shall present to the court a proposed jury charge.

CRITICAL

Applies to

Final jury charge

When ordered by the Court, counsel must prepare the final jury charge with the Court-ordered changes or modifications.

Upon the Court's order, counsel shall prepare the jury charge in its final form making changes or modifications ordered by the court.

CRITICAL

Applies to

TRO

When presenting a TRO affecting possession of or access to a child, the requesting party must state either that conferral attempts were unsuccessful or that the respondent is unrepresented.

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.

CRITICAL

Applies to

Pretrial forms

Before any hearing on temporary or interim orders in the specified family-law suits, each party must prepare and deliver the required pretrial forms.

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:

CRITICAL

Applies to

Financial information sheet

In suits involving child support or spousal maintenance, each party must deliver a fully completed and signed Financial Information Sheet using the posted court form.

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.

CRITICAL

Applies to

Income records

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.

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.

CRITICAL

Applies to

Stipulation

Any stipulation by the parties must be in writing and signed by all parties.

If the parties agree to stipulate, the stipulation must be in writing and signed by all parties.

CRITICAL

Applies to

Proposed parenting plan

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.

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.

CRITICAL

Applies to

Proposed disposition of issues

Each party must deliver a Proposed Disposition of Issues separately stating in brief, complete sentences each requested trial decision not covered by a Proposed Parenting Plan.

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.

CRITICAL

Applies to

Proposed support decision

In suits requiring a child-support or spousal-maintenance determination, each party must prepare and deliver a fully completed, signed Proposed Support Decision using the court website form.

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.

CRITICAL

Applies to

Financial records

The required financial records include federal tax returns for the previous two calendar years or, if none were filed, the listed income records for those years.

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

CRITICAL

Applies to

Financial records

The required financial records also include specified income records for the trial calendar year from January 1 through the trial date.

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.

CRITICAL

Applies to

Proposed parenting plan

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.

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.

CRITICAL

Applies to

Home study

A home study must be completed in suits involving conservatorship or possession and access unless the court waives it by order.

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.

CRITICAL

Applies to

Proposed disposition of other issues

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.

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.

CRITICAL

Applies to

Final trial setting

A case cannot be set for final trial on the merits without an order waiving mediation or a mediator's letter stating that attempted mediation was unsuccessful.

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.

CRITICAL

Applies to

Certificate

For a divorce involving children, the parties must file a certificate showing completion of a four-hour parenting class before requesting that the court render the divorce.

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.

CRITICAL

Applies to

Motion to withdraw

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.

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.

CRITICAL

Applies to

Motion to substitute

A motion to substitute must be signed by all parties, and counsel must continue to appear until the court signs an order granting it.

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.

CRITICAL

Applies to

Motion to retain

A motion to retain must state the factual and legal basis for retaining the case and be filed at least 14 days before the dismissal date 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.

CRITICAL

Applies to

Proposed jury charge

State and defense attorneys must deliver a proposed jury charge on the Monday trial begins, before jury selection.

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.

CRITICAL

Applies to

Final jury charge

If ordered by the Court, the State must prepare the final jury charge with changes directed by the Court.

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.

CRITICAL

Applies to

Fee voucher

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.

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.

CRITICALCivil cases

Applies to

Petition

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.

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.

CRITICAL

Applies to

Pleading

Must include

ai disclosure

Anyone using Generative AI in work product, research, or drafting must include the specified verification in bold in pleadings.

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:

CRITICAL

Applies to

Pleading

Must include

ai disclosure

A pleading using Generative AI without the verbatim verification in bold will not be considered by the Court.

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.

CRITICAL

Applies to

Pleading

Must include

ai disclosure

Failing to include the verbatim verification in bold when using Generative AI in a pleading violates the Standing Order.

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.

WARNING

Applies to

Discovery responses

The financial-records rule does not replace any obligation to respond to discovery requests.

3. This Rule does not supersede any requirement to respond to discovery requests.

WARNING

Applies to

Draft order

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.

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.

WARNING

Applies to

Judgment decree or order

Do not use the word “entered” to show the signing date of a judgment, decree, or order.

The word "entered" shall not be used to show the date on which a judgment, decree, or order is signed.