Leon County District Court, Texas Document Filing Requirements

Applies to

Motion

Must include

proposed order

Motions must be in writing and accompanied by a proposed order granting or denying the requested relief.

Motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought.

Applies to

Opposed motion and response

Must include

certificate of conference

Opposed motions and responses must include a Certificate of Conference stating the attempt to resolve the dispute, its date, and the manner of communication, or any other information the Court requires.

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.

Applies to

Summary judgment motion

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.

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.

Applies to

Summary judgment response

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.

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.

Applies to

Proposed order

A proposed order granting or denying a trial continuance must provide a specific date and time for resetting the case for trial.

The proposed order granting or denying such motion shall contain a provision for resetting the case for trial on a specific date and time.

Applies to

Jury charge

Each party must prepare and present, before trial or jury selection, the jury-charge definitions, instructions, and questions expected to arise from the pleadings and evidence on which that party has an affirmative burden.

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.

Applies to

Divorce petition

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.

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.

Applies to

Proposed property division statement and proposed support decision statement

Specified domestic-relations and modification cases must file the applicable proposed statements, which must comply with forms available on the district clerk's website.

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.

Applies to

Proposed support decision statement

Before a temporary-orders hearing involving child or spousal support begins, the parties must complete and exchange Proposed Support Decision Statements with supporting documentation.

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.

Applies to

Proposed support decision statement and proposed property division statement

The final child-support Proposed Support Decision Statement and Proposed Property Division Statement must be exchanged no later than ten days before trial, or as required by the docket control order, and filed with the court before trial begins.

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.

Applies to

Grand jury minute book

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.

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.

Applies to

Certificate

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.

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.

Applies to

Notice of setting

The defendant, defense counsel, and counsel for the State must sign the Notice of Setting.

The defendant, defense counsel and counsel for the State shall sign the Notice of Setting.

Civil cases

Applies to

Petition

The Petitioner must attach a copy of the order to the original petition and every copy of the petition.

8.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.

Criminal cases

Applies to

Written motion for discovery

Any further written discovery motion must address only matters not covered by the order and be presented at the earliest practical opportunity before trial.

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.

Civil cases

Applies to

Pleading

Must include

caption

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.

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.