Liberty County Courts at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements5 rules
Hearing requests must be made in writing to the court where the matter is pending.
Court's wording
Requests for hearings shall be made in writing to the court in which the matter is pending in accordance with these rules, and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the hearing.
All requests for preferential trial settings shall be made in writing with notice to all counsel and parties appearing pro se.
Formatting
- •The request must be made in writing
The request shall be in writing and copies of said request served upon all attorneys and parties pro se involved in the case.
- Non-jury trial request
Formatting
- •The request must be in writing
All requests for jury trials shall be in writing and copies of said request served upon all attorneys and parties pro se involved in the case.
- Jury trial request
Formatting
- •The request must be in writing
Any other person or entity requesting access to a confidential case file subject to this standing order may submit a request to the Court using the form attached as Exhibit "A".
Document Filing Requirements21 rules
The petitioner must attach this Order to the original petition and each copy; if the petitioner fails to do so, 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 and to each copy of the petition. At the time the petition is filed, if the petitioner 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.
REQUEST FOR ACCESS TO CONFIDENTIAL DFPS COURT RECORDS - 1. CAUSE NUMBER: 2. NAME OF REQUESTOR AND AGENCY NAME AS APPLICABLE: 3. ADDRESS OF REQUSTOR: 5. TELEPHONE NUMBER OF REQUESTOR: EMAIL ADDRESS OF REQUESTOR: 6. REASON FOR REQUEST: SIGNATURE OF REQUESTOR: DATE SIGNED:
A party seeking to appear by videoconference or other electronic means in a trial or contested matter must file a motion, but the Court may allow or deny the request.
Court's wording
For trials and contested matters, any party requesting to appear by videoconferencing or other electronic means must file a motion with the court and serve all counsel and parties with a notice of hearing. The Court has the discretion to allow or not allow appearance via videoconferencing or other electronic means.
Each court may generate docket control orders for each civil case pending. The order shall contain a trial setting, cut-off date for discovery, pretrial conference date, and any other requirements as established by each individual court.
Motions shall state a date of submission which shall be at least 10 days from filing, except on leave of court.
Unless a written motion to retain has been filed prior to the dismissal date as set forth in the notice of intention to dismiss, such case shall be dismissed.
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 or response
Must include
- •Certificate of conference
Motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought. The proposed order shall be a separate instrument.
- Document
- Motion and response
Must include
- •Proposed order
A copy of such notice shall be filed with the papers of the cause.
the Court shall require a party to prepare a An interim order is any temporary order entered by the Court during the pendency of the suit. In written order complying with the Court's rendition and set a hearing date for entry.
Each party shall prepare in proper written form and present to the Court prior to trial or the jury selection, all jury charge questions and instructions which are raised by the pleadings and evidence and upon which the party has an affirmative burden. The charge shall be provided in written form.
The order granting or denying such motion shall contain an order resetting the case for trial for à specific date and time.
In the event that the Court renders an oral final order, the Court shall require a party to prepare a written final order complying with the Court's ruling and set a hearing date for entry.
preparing the order shall obtain approval as to form from the opposing counsel or pro se litigant.
The party preparing the order shall obtain approval as to form from the opposing counsel or pro se litigant.
The party preparing the order shall obtain approval as to form from the opposing counsel or pro se litigant.
The motion or response may include a request for oral argument. Said request shall be in writing and set forth reasons for the necessity of such hearing. It is in the sound discretion of the Court whether to grant the request for oral hearing.
If signatures are not obtained, then a motion to enter the judgment or order should be set for oral hearing or by submission.
If signatures are not obtained then a motion to enter the judgment or order should be set for oral hearing or by submission.
If signatures are not obtained, then a motion to enter the order should be set for oral hearing or by submission.
The Clerk is directed to: a. Submit a copy of this order to the Office of Court Administration's Local Rules, Forms and Standing Orders website.
Filing & Service rules
Electronic Filing Rules
The standing order does not prohibit electronic filing, which is mandated by TRCP 21(f).
Nothing in this standing order prohibits the use of electronic filing as mandated by TRCP 21(f).
Civil cases
Page 2 | Standing Order Establishing Confidentiality of DFPS Court Records
Filing Timing and Cure Windows
A response must be filed at least three working days before the motion's submission date.
Responses shall be filed at least three (3) working days before the submission date.
Page 7 | 4.5.3. Response
The motion's submission date must be at least 10 days after filing, unless the Court grants leave.
Motions shall state a date of submission which shall be at least 10 days from filing, except on leave of court.
Page 7 | 4.5.2. Submission
The motion to retain must be filed before the dismissal date specified in the notice; otherwise, the case shall be dismissed.
Unless a written motion to retain has been filed prior to the dismissal date as set forth in the notice of intention to dismiss, such case shall be dismissed.
Page 7 | 4.4.3. Motion to Retain
Uncontested family-law cases must be tried or dismissed within the stated three-month period measured from the later of the appearance date or expiration of any required Family Code waiting period.
5.2.2. Uncontested cases shall be tried or dismissed within 3' months from appearance date or within 3 months from the expiration of the waiting period provided by the Family Code where such is required, whichever is later.
Page 9 | Rule 5.2 Time Standards for Family Law Case Disposition
Contested family-law cases must be tried or dismissed within six months of the later of the appearance date or expiration of any required Family Code waiting period.
5:2.1. Contested cases shall be tried or dismissed within 6 months from the appearance date or within 6 months from the expiration of the waiting period provided by the Family Code where such is required, whichever is later.
Page 9 | Rule 5.2 Time Standards for Family Law Case Disposition
Temporary orders must be presented to the Court for entry within ten days after the hearing or on the entry date set by the Court.
All temporary orders shall be presented to the Court for entry within ten (10) days after the hearing or at the entry date set by the Court.
Page 9 | Rule 5.3.2 Temporary Orders Entry
Failure to mail the notices does not affect the periods in Texas Rule of Civil Procedure 306(a), except as that rule provides.
Failure to mail notices as set out above shall not affect any of the periods mentioned in Rule 306 (a) of the Texas Rules of Civil Procedure except as provided in that rule.
Page 7 | 4.4.3. Motion to Retain
Felony criminal cases should, if possible, reach trial or final disposition within 12 months of the earlier of arrest or indictment, subject to complex-case or special-circumstance limitations.
Felony criminal cases shall be brought to trial or final disposition within 12 months of arrest or return of indictment, whichever is earlier, if possible. It is recognized that in complex cases or special circumstances it may not be possible to adhere to these standards as provided herein.
Page 11 | Rule 6.5 Time Standards for Felony Criminal Cases
Service and Proof of Service Rules
A party seeking to appear by videoconference or other electronic means in a trial or contested matter must serve all counsel and parties with a notice of hearing.
For trials and contested matters, any party requesting to appear by videoconferencing or other electronic means must file a motion with the court and serve all counsel and parties with a notice of hearing.
Page 3 | Rule 3.4 Appearance via Videoconferencing
Attorneys requesting a hearing must serve notice of the hearing on all counsel and parties appearing pro se.
Requests for hearings shall be made in writing to the court in which the matter is pending in accordance with these rules, and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the hearing.
Page 3 | Rule 3.2.2. Setting Requests
The party obtaining a non-jury trial setting must notify all counsel and parties appearing pro se of the setting.
The party obtaining the setting shall notify all counsel and parties appearing pro se of the setting.
Page 6 | Rule 4.3.8. Trial Settings
Copies of a jury trial request must be served on all attorneys and pro se parties involved in the case.
All requests for jury trials shall be in writing and copies of said request served upon all attorneys and parties pro se involved in the case.
Page 6 | Rule 4.3.8. Trial Settings
A preferential trial setting request must include notice to all counsel and parties appearing pro se.
All requests for preferential trial settings shall be made in writing with notice to all counsel and parties appearing pro se.
Page 6 | Rule 4.3.8. Trial Settings
Copies of a non-jury trial request must be served on all attorneys and pro se parties involved in the case.
The request shall be in writing and copies of said request served upon all attorneys and parties pro se involved in the case.
Page 6 | Rule 4.3.8. Trial Settings
When a case is placed on the dismissal docket, the District Clerk must promptly send notice of the intended dismissal to the listed attorneys, parties, and the Office of the Attorney General at addresses shown in the clerk's file.
When a case has been placed on the dismissal docket, the District Clerk shall promptly send notice of the Court's intention to dismiss for want of prosecution to each attorney of record, attorney ad litem or guardian ad litem, Office of the Attorney General, and pro se party whose address is shown in the clerk's file.
Page 7 | 4.4.2. Notice
Notice that the dismissal order has been signed must be given as required by Texas Rule of Civil Procedure 165(a).
Notice of the signing of the order of dismissal shall be given as required by Rule 165 (a) of the Texas Rules of Civil Procedure.
Page 7 | 4.4.3. Motion to Retain
Sealing & Redaction Procedures
DFPS affidavits, court reports, and other documents in covered suits are confidential, must be maintained as confidential by the District Clerk, and may be accessed by the listed persons and entities.
IT IS THEREFORE ORDERED that access to affidavits, court reports, and other documents filed in a suit brought by DFPS pursuant to Chapters 261, 262, and 264 of the Texas Family Code are CONFIDENTIAL and shall be maintained by the District Clerk of Liberty County as such. The Clerk of the Court shall allow access to these pleadings, orders, and documents to the court, an associate judge, DFPS employees, employees of a Single Source Continuum Contractor (SSCC) acting as an authorized agent of DFPS, a party, a party's attorney, any attorney ad litem or guardian ad litem for the child, and the Office of the Attorney General.
Civil cases
Page 2 | Standing Order Establishing Confidentiality of DFPS Court Records
Adjournment & Extension Requirements
A motion to continue a trial setting must be presented in accordance with the docket control order or the Texas Rules of Civil Procedure.
Any motion for continuance of the trial setting shall be presented to the Court pursuant to the docket control order, or the Texas Rules of Civil Procedure.
Page 8 | Rule 4.6 Continuances
Continuance motions by either the State or the Defendant must comply with the applicable rules and law and be presented to the Court; the Court will not consider a continuance motion on the scheduled trial date except for good cause shown and upon compliance with the rules.
All motions for continuance, whether filed by the State or the Defendant, must comply with the considered by the Court. Except for good cause shown and upon compliance with these rules, the applicable law contained in the Code of Criminal Procedure and must be presented to and Court shall not consider any motion for continuance on the scheduled trial date.
Page 10 | Rule 6.3 Motions for Continuance
Chambers Communication Rules
When the State and Defense announce readiness for trial, the listed trial-preparation tasks, including notifying the Court if interpreters are needed, must be completed immediately.
When announcement is made by the State and Defense that he/she is ready for trial, all subpoenas, scheduling of witnesses, discovery, notification to the Court if interpreters are needed, etc., shall be completed immediately.
Page 11 | Rule 6.8 Trial Settings
An attorney who settles or dismisses a case set for trial must notify the Court as soon as possible.
When an attorney settles or dismisses a case which is set for trial, he/she shall give notice to the Court as soon as possible.
Page 8 | Rule 4.8 Settlements