Lubbock County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Certificate of conference

For a civil continuance motion, the certificate of conference must state that each party agrees to granting the motion and name each party or attorney with whom the requesting party conferred.

A.2.a. The certificate of conference must contain the following elements to be considered complete: A.2.a.1. A statement that each party is in agreement with the motion for continuance being granted; and, A.2.a.2. Contain the name of each party or attorney with whom the requesting party conferenced.

CRITICALCivil cases

Applies to

Ex parte application

Presenting an ex parte application constitutes counsel’s representation that opposing counsel is unrepresented or, if represented, has been notified or could not be notified despite diligent efforts and circumstances preclude further notice.

7. APPLICATION FOR EX PARTE ORDERS. By presenting any application for an ex parte order, counsel is deemed to represent to the Court that: 7.1. To the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or 7.2. If the party against whom the relief is sought is represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) counsel presenting the application has diligently attempted to notify opposing counsel, has been unable to do so, and the circumstances do not permit additional efforts to give such notice.

CRITICAL

Applies to

Motion to withdraw

or provide notice of a deadline to object in the motion.

or provide notice of a deadline to object in the motion.

CRITICALCriminal cases

The designation must be entered into the minutes of the magistrate and district courts.

IT IS FURTHER ORDERED that this designation be entered into the minutes of the magistrate and district courts.

CRITICALCivil cases

Applies to

ADR resolution documents

The parties must exchange documents relevant to resolving the case at least seven days before mediation, including medical bills, medical records, a lien summary, and other documents that may facilitate resolution.

The parties are further ordered to e.xchange documents that will assist in resolving the case at least seven days before the ADR proceeding or mediation. These documents include medical bills, medical records, a summai'y of any and all liens, and any other documents which will facilitate a resolution of the case.

CRITICAL

Applies to

Seminar certificate of attendance

A party completing the seminar must file a copy of the attendance certificate with the District Clerk before the final hearing.

Each party completing the seminar shall be provided with a certificate of attendance which that party shall present to the Court prior to final hearing of the case by filing a copy of the same in the case with the District Clerk.

CRITICAL

Applies to

Scheduling order

If counsel agree on the scheduling order’s content and deadlines, the first-named plaintiff must submit the scheduling order to the Court, subject to court approval.

If counsel agree on content and deadline dates, the Plaintiff named first in the lawsuit shall submit a scheduling order to the Court within sixty (60) days from the first answer date, subject to Court approval.

CRITICALCriminal cases

Applies to

State objection

The State must submit a written objection identifying the individual whose release it opposes and stating its reasons.

If the State objects to the release of the detained individual, they shall notify the Court in writing of the specific individual for whom they oppose release as well as the reasons they oppose the release.

CRITICAL

Applies to

Scheduling order

If counsel agree on the scheduling order’s content and deadlines, the first-named plaintiff must submit the scheduling order to the Court, subject to court approval.

If counsel agree on content and deadline dates, the Plaintiff named first in the lawsuit shall submit a scheduling order to the Court within forty (40) days from the first answer date, subject to Court approval.

CRITICALCriminal cases

(b) Another court designated in writing by the court described by Paragraphy A:

(b) Another court designated in writing by the court described by Paragraphy A:

CRITICAL

Applies to

Order granting withdrawal

An order granting withdrawal must require counsel to notify the client of all known pending settings and deadlines.

All orders granting withdrawal of counsel shall require withdrawing counsel to notify his or her client of all pending settings and deadlines known to withdrawing counsel.

CRITICAL

Applies to

Objection

A party seeking to object to an associate judge hearing a trial on the merits must file a written objection.

(b) Unless a party files a written objection to the associate judge hearing a trial on the merits, the judge may refer the trial to the associate judge.

CRITICALCivil cases

Applies to

Petition

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

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

CRITICAL

Applies to

Support case documents

In cases involving temporary or final spousal or child support, each party must provide the listed financial documents to the Court and opposing party, including specified child-support information from each parent.

A.1. In all cases in which support of a spouse and/or child(ren) is in issue, whether temporary or final, each party shall be required to furnish to the Court and opposing party: a) A statement of monthly income and expenses; b) Copies of that party’s federal income tax returns for the two (2) calendar years prior to the hearing; c) All payroll statements, pay stubs, W2 forms, and 1099 forms which evidence that party’s earnings for the calendar year prior to the hearing and from January first of the current year through the date of the hearing; d) Copies of any financial statements filed by that party with any financial institution in the two (2) years prior to the hearing; e) In all suits involving child support, each party who is a parent shall furnish to the Court the information described for determination of child support set out in Section 154.063, Texas Family Code, as amended.

CRITICAL

Applies to

Certificate of conference

For a criminal continuance motion, the certificate of conference must state that each party agrees to granting the motion and name each party or attorney with whom the requesting party conferred.

B.1.a. The certificate of conference must contain the following elements to be considered complete: B.1.a.1. A statement that each party is in agreement with the motion for continuance being granted; and, B.1.a.2. Contain the name of each party or attorney with whom the requesting party conferenced.

CRITICAL

Applies to

Notice of appearance

An attorney representing a defendant must file a Notice of Appearance with the appropriate clerk and forward a copy to the Criminal District Attorney’s Office and the appropriate court coordinator.

An attorney hired by or appointed to represent a defendant will file a Notice of Appearance with the appropriate clerk’s office and notify the Criminal District Attorney’s Office and the appropriate court coordinator by forwarding them a copy of said Notice.

CRITICAL

Applies to

Scheduling order

If counsel agree on the scheduling order’s content and deadlines, the first-named plaintiff must submit the scheduling order to the Court, subject to court approval.

If counsel agree on content and deadline dates, the Plaintiff named first in the lawsuit shall submit a scheduling order to the Court within thirty (30) days from the first answer date, subject to Court approval.

CRITICALCivil cases

Applies to

Child support information

Each parent must produce information identifying their net resources and ability to pay child support, including specified earnings records, within 30 days of appearance and at least 24 hours before any hearing.

8. MANDATORY EXCHANGE OF INFORMATION PRIOR TO HEARING ON CHILD SUPPORT. Within 30 days of a parent's appearance in a suit involving children, and at least 24 hours prior to any hearing, each parent shall produce the following: 8 .1. Information sufficient to accurately identify that parent's net resources and ability to pay child support including all payroll statements, pay stubs, W2 forms, and 1099 forms which evidence that party's earnings for the six months preceding the first scheduled hearing.

CRITICAL

Applies to

Scheduling order

If counsel agree on content and deadline dates, the plaintiff/petitioner named first in the lawsuit shall submit a scheduling order to the Court within forty (40) days from the first answer date, subject to Court approval.

If counsel agree on content and deadline dates, the plaintiff/petitioner named first in the lawsuit shall submit a scheduling order to the Court within forty (40) days from the first answer date, subject to Court approval.

CRITICALCivil cases

Applies to

Written notice

The parties or facilitator must promptly submit a written notice to the court stating whether the matter was resolved.

The parties or the person facilitating the proceeding shall promptly report to the court in writing a notice of whether or not the matter was resolved.

CRITICAL

Applies to

Post trial paperwork

The Criminal District Attorney’s office must prepare required post-trial paperwork, such as judgments of guilt or not guilty, and present it to the Court for signature.

Within one business day following a trial, the Criminal District Attorney’s office will prepare any required paperwork (i.e., judgment of guilt, judgment of not guilty, etc.) and present all such paperwork to the Court for signature.

WARNING

Applies to

Alternative program information

Parties choosing another program may submit information to the Associate Judge for approval before enrolling.

B.2. Parties who wish to satisfy the requirement with another program may submit information regarding the program to the Associate Judge for approval prior to enrollment in the program.

WARNING

Applies to

Substitution of counsel motion without hearing

Must include

certificate of conference

Substitution of counsel may be granted without a hearing only if the motion is signed by the substituting attorney, represents that the defendant agrees, and includes a certificate of conference stating that the attorney of record was notified of the proposed substitution.

B. Substitution of counsel may be granted without a hearing if a motion is filed with the signature of the substituting attorney, a representation that the defendant agrees to the substitution and a certificate of conference representing that the attorney of record has been notified as to the proposed substitution of counsel.

WARNING

Applies to

Adr outcome report

The selected neutral must report the ADR outcome to the ODR and Court in accordance with Chapter 154.

The selected neutral shall report the outcome of the ADR procedure to the ODR and the Court consistent with the provisions of the Texas Civil Practice and Remedies Code, Chapter 154.