Leon County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements2 rules
Responses shall be in writing.
- Response
Formatting
- •Responses shall be in writing
The jury charge must be provided in written form and in the electronic form specified by the court.
Court's wording
Each party shall prepare in proper written form and present to the court prior to the trial or the jury selection all jury charge definitions, instructions and questions which are expected to be raised by the pleadings and evidence and upon which the party has an affirmative burden. The charge shall be provided in both written form and in an electronic form specified by the court.
Document Filing Requirements16 rules
Motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought.
- Document
- Motion
Must include
- •Proposed order
Opposed motions and responses shall contain a Certificate of Conference indicating that the counsel involved have attempted to resolve the dispute prior to filing of the motion or response, the date of such attempt and the manner of communication of such an attempt, or any other requirement of the Court.
- Document
- Opposed motion and response
Must include
- •Certificate of conference
A summary judgment response must follow the motion's numerical order, identify its supporting facts and their sources and locations in the evidence, and provide a concise argument with authority citations and specific evidence references.
Court's wording
The response shall address the motion in the same numerical order established in the motion for summary judgment. The response shall state the specific facts relied upon, identify the source of those facts, and specify where in the summary judgment evidence the facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specific references to the summary judgment evidence.
A summary judgment motion must list specific grounds numerically, identify the facts and their sources and locations in the evidence, and provide concise arguments with authority citations and specific evidence references.
Court's wording
The Motion shall state the specific grounds thereof in numerical order and shall state the specific fact relied upon in each ground, identify the source of those facts and specify where in the summary judgment evidence the facts are found. The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon any specific references to the summary judgment evidence.
Each party shall prepare in proper written form and present to the court prior to the trial or the jury selection all jury charge definitions, instructions and questions which are expected to be raised by the pleadings and evidence and upon which the party has an affirmative burden.
The proposed order granting or denying such motion shall contain a provision for resetting the case for trial on a specific date and time.
A divorce petition must contain the Petitioner's signed statement confirming receipt of the Standing Restraining Order; without it, the Petitioner is deemed to have constructive notice and be subject to the order.
Court's wording
All petitions for Divorce shall contain a statement signed by the Petitioner evidencing receipt of a copy of the Standing Restraining Order, and in the absence of such paragraph, it shall be DEEMED that Petitioner, by invoking the Court's jurisdiction, has constructive notice of the Standing Temporary Restraining Order and subjects himself or herself to it.
A party's final Proposed Support Decision Statement regarding child support and a Proposed Property Division Statement shall be exchanged no later than ten (10) days before trial, or as required by the docket control order, and field with the court before the commencement of trial.
Specified domestic-relations and modification cases must file the applicable proposed statements, which must comply with forms available on the district clerk's website.
Court's wording
Proposed Property Division Statements shall be filed in all domestic relations cases related to divorce. Proposed Support Decision Statements shall be filed in all cases involving modification of conservatorship, support or periods of possession. These proposals must comply with the forms available on the district clerk's website.
In any hearing for temporary orders in which child support or spousal support is an issue, completion and exchange of Proposed Support Decision Statements with supporting documentation is required prior to commencement of the hearing.
For a no-billed defendant, the Foreperson must sign a Certificate of No-Bill certifying that the case was presented to the Grand Jury and a no-bill was returned.
Court's wording
When a defendant is “no-billed,” meaning that a case was presented to the grand jury regarding an individual and less than nine affirmative votes were given for a true bill of indictment, a Certificate of No-Bill shall be signed by the Foreperson certifying that the case was presented to the Grand Jury and that a no-bill was returned.
When at least nine grand jurors vote for a true bill, the Secretary must enter only the session date, indicted person's name, offense, and names of the witnesses on which the indictment was founded in the Grand Jury Minute Book.
Court's wording
When a true bill of indictment is voted in the affirmative by at least nine members of the Grand Jury, the following information shall be entered by the Secretary of the Grand Jury in the Grand Jury Minute Book, and nothing else, to wit: 1. The date of the session; 2. Name of the person indicted; 3. Offense; and 4. Names of the witnesses upon which the indictment was founded.
The defendant, defense counsel and counsel for the State shall sign the Notice of Setting.
8.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
Any further written discovery motion must address only matters not covered by the order and be presented at the earliest practical opportunity before trial.
Court's wording
In the event that further particularized discovery is considered necessary, the Defense will thereafter file a written Motion for Discovery, addressing only matters not covered in this Order, and such Motion will be presented to the Court at the earliest practical opportunity before trial.
Pleadings must identify the parties and any minor children by full name in the caption, rather than by initials; adoption and Chapter 33 cases are exempt.
- Document
- Pleading
- Placement
- Caption
Court's wording
As the Texas Family Code Sections 6.401 and 102.008 require the full names of the parties and names of any minor children to be included in the caption/style of the case, the District Clerk is ordered to refuse to accept for filing any pleading that does not contain the required identification and/or contains only the initials of the parties and/or the children in the style of the case. This rule does not apply to the styling/caption of adoption cases or cases pursuant to Chapter 33 of the Texas Family Code.
Filing & Service rules
Filing Timing and Cure Windows
Responses must be filed before the hearing date.
Responses shall be file before the hearing date.
Page 7 | Response
Written designations for June, July, or August vacation weeks must be filed with the District Clerk by March 15.
Written designation for vacation weeks during June, July or August must be filed with the District Clerk by March 15.
Page 19 | B. SUMMER VACATIONS
Written designations for vacation weeks outside June, July, and August must be filed with the District Clerk by February 1.
Written designations for vacations in months other than June, July or August must be filed with the District Clerk by February 1.
Page 19 | C. NON-SUMMER VACATION
The District Clerk must refuse to accept pleadings with missing required identification or only initials in the case style, except in adoption and Chapter 33 cases.
As the Texas Family Code Sections 6.401 and 102.008 require the full names of the parties and names of any minor children to be included in the caption/style of the case, the District Clerk is ordered to refuse to accept for filing any pleading that does not contain the required identification and/or contains only the initials of the parties and/or the children in the style of the case. This rule does not apply to the styling/caption of adoption cases or cases pursuant to Chapter 33 of the Texas Family Code.
Civil cases
Page 1 | LOCAL RULE
A reply may be filed after the response and before the court rules.
A reply may be filed at any time after the response is filed prior to the court's ruling.
Page 7 | Response
Service and Proof of Service Rules
Setting requests must use the designated form, be filed with the clerk, and be copied to the court coordinator, opposing counsel, and unrepresented parties; granted requests are confirmed in writing.
All requests for pre-trial or trial settings shall be made on the setting request form, which is available on the district clerk's website. The requesting party must file the form with the clerk and send a copy of the form to the court coordinator for the court in which the action is pending. All opposing counsel and unrepresented parties shall be copied. If the request is granted, it will be confirmed in writing.
Page 6 | RULE 3.6 DOCKET SETTINGS — B. Requests for Settings
The clerk must attach a copy of the Standing Temporary Restraining Order to each citation to be served.
B. The clerk of this court shall attach to each citation to be served, a copy of the Standing Temporary Restraining Order.
Page 11 | RULE 4.7 STANDING TEMPORARY RESTRAINING ORDER
When opposing counsel of record has been designated, the applicant must serve them in a manner calculated to provide immediate notice of the ex parte application.
B. In any case in which counsel of record for the nonmoving party has been designated, the party filing the application must serve opposing counsel in a manner calculated to give opposing counsel immediate notice of the filing.
Page 11 | RULE 4.6 EX PARTE ORDERS
The Standing Temporary Restraining Order becomes effective on the Respondent upon service of citation, signature of a waiver, or receipt of actual notice by another means.
B. The clerk of this court shall attach to each citation to be served, a copy of the Standing Temporary Restraining Order. Said Standing Temporary Restraining Order shall become effective on the Respondent when citation is served, a waiver is signed or actual notice in some other manner is received.
Page 11 | RULE 4.7 STANDING TEMPORARY RESTRAINING ORDER
If the defendant is under bond, a copy of the no-bill certificate must be delivered immediately to the surety and the defendant.
B. Defendant Under Bond: A copy of the certificate shall be delivered to the surety (bondsman) and defendant immediately.
Page 14 | B. Grand Jury Minute Book
If the defendant is under arrest, a copy of the no-bill certificate must be delivered immediately to the Sheriff and the defendant.
A. Defendant Under Arrest: If the defendant is under arrest, a copy of the certificate shall be delivered to the Sheriff and the Defendant immediately.
Page 14 | B. Grand Jury Minute Book
The District Attorney must be served with a copy of the surety-release affidavit.
The District Attorney shall be served with a copy of the affidavit.
Page 15 | RULE 5.3 BOND SURRENDER
The Notice of Setting must be delivered to the defendant and counsel at arraignment.
A Notice of Setting shall be delivered to the defendant and counsel at arraignment.
Page 16 | RULE 5.7 NOTICE OF SETTING
Sureties must receive forty-five days' advance notice of any trial setting.
After the surety files an answer or defaults, the District Clerk shall notify the proper court coordinator for a trial setting to be docketed. The sureties shall be given forty-five days advance notice of any trial setting.
Page 16 | RULE 5.4 BOND FORFEITURE
Private service of process under Texas Rule 103 is permitted; an application to join the approved-process-server list must be presented to the local administrative judge.
The Courts have adopted a blanket order permitting private service of process pursuant to Rule 103 of the Texas Rules of Civil Procedure. Application for approval to be added to the list shall be presented to the local administrative judge. A list of approved process servers is maintained in the District Clerk's office.
Page 5 | RULE 3.3 SERVICE OF PROCESS
Counsel should notify opposing counsel, and when appropriate the Court or others, as soon as practicable when a hearing, deposition, meeting, conference, or closing is cancelled.
5. I will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as practicable, when hearings, depositions, meetings, conferences or closings are cancelled.
Page 24 | III. LAWYER TO LAWYER
Counsel should promptly submit orders, provide opposing counsel copies before or at the same time as submission, and promptly approve orders that accurately reflect the Court’s rulings.
12. I will promptly submit orders to the Court. I will deliver copies to opposing counsel before or contemporaneously with submission to the Court. I will promptly approve the form of orders which accurately reflect the substance of the rulings of the Court.
Page 24 | III. LAWYER TO LAWYER
Counsel must not serve motions or pleadings in a manner that unfairly limits another party’s opportunity to respond.
7. I will not serve motions or pleadings in any manner that unfairly limits another party's opportunity to respond.
Page 24 | III. LAWYER TO LAWYER
Sealing & Redaction Procedures
The Clerk must hold all other no-bill certificates under seal unless the District Court orders their release.
C. All other certificates shall be held by the Clerk under seal, unless ordered released by the District Court.
Page 14 | B. Grand Jury Minute Book
Adjournment & Extension Requirements
A motion to continue a trial setting must be presented to the court pursuant to the Texas Rules of Civil Procedure.
Any motion for continuance of the trial setting shall be presented to the court pursuant to the Texas Rules of Civil Procedure.
Page 8 | 3.9 CONTINUANCES
Continuance motions must comply with applicable law and these rules and be presented and considered in accordance with the Notice of Setting; the Court will not consider them on the scheduled trial date absent good cause and compliance.
All motions for continuance, whether filed by the State or the defendant, must comply with the applicable law contained in the Code of Criminal Procedure and must be presented to an considered by the Court in accordance with the Notice of Setting. Except for good cause shown and upon compliance with these rules, the Court shall not consider any motions for continuance on the scheduled trial date.
Page 16 | RULE 5.11 MOTIONS FOR CONTINUANCE
Counsel should agree to reasonable extension requests and waivers of procedural formalities unless doing so would adversely affect the client’s legitimate objectives.
6. I will agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided legitimate objectives of my client will not be adversely affected.
Page 24 | III. LAWYER TO LAWYER
Chambers Communication Rules
Counsel should make a good-faith effort to schedule depositions, Court appearances, and hearings by agreement before scheduling them.
14. I will not arbitrarily schedule a deposition, Court appearance, or hearing until a good faith effort has been made to schedule it by agreement.
Page 24 | III. LAWYER TO LAWYER