Lubbock County District Courts Document Filing Requirements

Applies to

Electronically filed document

A digital signature satisfies signature requirements under the Texas Rules of Civil Procedure and other law.

(b) The attachment of a digital signature on an electronically-filed document is deemed to constitute a signature on the document for purposes of signature requirements imposed by the Texas Rules of Civil Procedure or any other law.

Applies to

Electronically filed document

Every electronically filed document must include the filer's e-mail address.

In addition to the information required on a pleading by TEX. R. CIV. P. 57, a filer must include an e-mail address on any electronically-filed document.

Applies to

Electronically served document

Must include

certificate of service

A filer must include a written certification of electronic service with the document when it is filed.

A filer who electronically serves a document upon another party shall make a written certification of such service that shall accompany the document when that document is filed.

Applies to

Electronic service certification

Must include

certificate of service

The electronic-service certification must include the filer's e-mail address or fax number and the recipient's e-mail address.

The written certification shall include, in addition to any other requirements imposed by the Texas Rules of Civil Procedure, the following: (i) the filer's e-mail address or telecopier (facsimile machine) number; (ii) the recipient's e-mail address;

Applies to

Case record

A case record containing information excluded from remote access must display the specified caption in 36-point font at the top of its first page.

(a) A person filing a case record described in Rule 15.4(a), (b), (c), (d), (e) or (i) must type or stamp the following caption in 36-point font "CONTAINS INFORMATION EXCLUDED FROM REMOTE ACCESS" at the top of the first page of the case record.

Applies to

Notice of appearance

All retained or court-appointed attorneys must immediately file a notice of appearance with the Court Coordinator’s Office, or with the Designated Appointing Judge’s Coordinator when adversarial proceedings have not yet been filed.

All attorneys retained or court appointed are required to immediately upon undertaking representation on any case, file a notice of appearance with the Court Coordinator’s Office of that Court or on cases on which adversarial proceedings have not been filed with the “Designated Appointing Judge” Coordinator.

Applies to

Scheduling order

If counsel agree, the first-listed plaintiff must submit the scheduling order within 40 days after the first answer, 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.

Applies to

Scheduling order

If counsel agree, the first-listed plaintiff must submit the scheduling order within 30 days after the first answer, 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 ===== PAGE 10 ===== from the first answer date, subject to Court approval.

Applies to

Scheduling order

If counsel agree, the first-listed plaintiff must submit the scheduling order within 60 days after the first answer, 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.

Applies to

Monthly income and expenses statement

Each party must furnish a statement of monthly income and expenses to the Court and opposing party in any case involving temporary or final spousal or child support.

a) A statement of monthly income and expenses;

Applies to

Federal income tax returns

Each party must furnish copies of federal income tax returns for the two calendar years before the hearing to the Court and opposing party.

b) Copies of that party’s federal income tax returns for the two (2) calendar years prior to the hearing;

Applies to

Earnings records

Each party must furnish specified payroll and earnings records for the prior calendar year and from January 1 of the current year through the hearing date.

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;

Applies to

Financial institution statements

Each party must furnish copies of financial statements filed with financial institutions during the two years before the hearing to the Court and opposing party.

d) Copies of any financial statements filed by that party with any financial institution in the two (2) years prior to the hearing;

Applies to

Child support determination information

Each parent must furnish the Court with the child-support determination information specified in Section 154.063 of the Texas Family Code.

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.

Applies to

Motion for substitution of counsel

Must include

certificate of conference

A motion for substitution of counsel may be granted without a hearing only if it includes the substituting attorney’s signature, the defendant’s agreement, and a certificate of conference confirming notice to the attorney of record.

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.

Applies to

Certificate of conference

Must include

certificate of conference

A complete civil continuance certificate of conference must state that every party agrees to the continuance and name each party or attorney consulted.

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.

Applies to

Certificate of conference

Must include

certificate of conference

A complete criminal continuance certificate of conference must state that every party agrees to the continuance and name each party or attorney consulted.

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.

Applies to

Ad litem appointment list application

Applications for inclusion on the attorney ad litem appointment list must be submitted on the approved application form.

Applications to be included on the ad litem list must be made on the approved application form (available on the Courts website at www.co.lubbock.tx.us/DCrt/Forms.htm) and may be submitted at any time.

Applies to

CLE compliance certification

Each attorney must certify annual CLE compliance on the Courts website's approved form by July 1.

Each attorney must certify CLE compliance (15 hours of MCLE) by July 1 of each year. Certification shall be made on the approved form available from the Courts website.

Applies to

Disposition proposal

Each party must submit a proposed property division identifying property claimed or recognized as separate property.

3. DISPOSITION PROPOSALS: Each party shall submit a proposed property division including property claimed or recognized as separate property to the Court and opposing counsel.

Applies to

Inventory and appraisement

Spouses must exchange a sworn inventory and appraisement by the date set for this scheduling event.

5. INVENTORY AND APPRAISEMENT: Spouses shall exchange a sworn inventory and appraisement by this date.

Applies to

Inventory

A complete inventory must be filed before the mediation date.

A complete inventory shall be filed prior to the mediation date.

Applies to

Defendant expert witness designation

Defendant must identify each expert's name, address, and testimony topics and provide any generated reports by the scheduled date, or the expert will not be permitted to testify and the deadline will not be extended.

In addition to compliance with the Texas Rules of Civil Procedure 195, defendant shall list each expert’s name, address and topics of the witness’ testimony as well as provide all reports, if generated, to the Plaintiff(s) by this date. Unless so provided the witness will not testify and this date will not be extended.

Applies to

Plaintiff expert witness designation

Plaintiff must identify each expert's name, address, and testimony topics and provide any generated reports by the scheduled date, or the expert will not be permitted to testify and the deadline will not be extended.

In addition to compliance with the Texas Rules of Civil Procedure 195, plaintiff shall list each expert’s name, address, and topics of the witness’ testimony as well as provide all reports, if generated, to Defendant(s) by this date. Unless so provided the witness will not testify and this date will not be extended.

Applies to

Fact witness list

Each party must provide a fact-witness list stating each witness's name, address, phone number, and testimony topic by the scheduled date, and unlisted witnesses cannot testify absent good cause.

A list including the name, address, phone number, and topic of testimony of each fact witness who may be called at trial must be provided by this date. Witnesses not provided as ordered will not be permitted to testify unless good cause is shown.

Applies to

Pretrial exchange

By the pre-trial exchange deadline, counsel must provide other counsel with requested jury charges, motions in limine, a described and numbered exhibit list, tagged and numbered trial exhibits, identified deposition excerpts, and other pretrial matters.

Counsel shall provide to all other counsel, the following: (1) requested jury charges, (2) motions in limine, (3) exhibit lists containing a description of each exhibit and exhibit number, (4) copies of all exhibits the party intends to offer at trial, marked with exhibit tags and numbers, (5) deposition excerpts (counsel shall identify each deposition counsel intends to offer at trial, either by video or otherwise, and designate by page and line number those portions of each deposition counsel intends to offer at trial), and (6) all other pre-trial matters .

Applies to

Ex parte order application

Counsel presenting an ex parte application must represent that the affected party is unrepresented or that represented counsel was notified and declined to be heard, or that counsel diligently attempted but could not provide notice because further efforts are not permitted by the circumstances.

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.

Applies to

Child support financial information

Within 30 days of appearing in a suit involving children and again at least 24 hours before any hearing, each parent must produce information accurately identifying that parent's net resources and ability to pay child support, supported by payroll statements, pay stubs, W-2 forms, and 1099 forms covering the six months preceding the first scheduled 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.

Applies to

Sensitive data form

Except as provided in 14.3(d), filers must not include Sensitive Data in a case record, as defined by Rule of Judicial Administration 15.2, except in a separately filed, clearly identifiable Sensitive Data Form approved by the Supreme Court of Texas.

- (a) Except as provided in 14.3(d), Sensitive Data must not be filed or included in a case record, as defined by Rule of Judicial Administration 15.2, except in a separately filed, clearly identifiable Sensitive Data Form approved by the Supreme Court of Texas.

Applies to

Case record

When sensitive data must be included in a case record outside a Sensitive Data Form, the data must be abbreviated to the last four digits.

- (b) If a court rule, court order, or statute requires a person to file or include sensitive data in a case record other than in a Sensitive Data Form, a person must abbreviate the data and use only the last four digits of those numbers.

Applies to

Sensitive data form

The Sensitive Data Form must be filed simultaneously with the first case record containing abbreviated sensitive data, and an additional form is required when new abbreviated sensitive data is later included.

- (c) A person must file the Sensitive Data Form at the same time the first case record containing the abbreviated sensitive data is filed. A person must file additional Sensitive Data Forms in a particular cause only if a case record is filed containing abbreviated sensitive data not previously included in a Sensitive Data Form.

Applies to

Sensitive data form

A Sensitive Data Form cannot be included in the clerk's appellate record and may be supplied to an appellate court only by specific written order; if filed there, it must be maintained separately.

14.4 Record on Appeal. A Sensitive Data Form must not be included in the clerk's record on appeal. A Sensitive Data Form may be provided to the appellate court only upon specific written order from the appellate court. If an appellate court orders a copy of the Sensitive Data Form to be filed, it must maintain the Sensitive Data Form separately from the remainder of the record or court file.

Applies to

Case record

A person filing a case record described in Rule 15.4(a), (b), (c), (d), (e), or (i) must include the specified remote-access exclusion caption at the top of the first page.

(a) A person filing a case record described in Rule 15.4(a), (b), (c), (d), (e) or (i) must type or stamp the following caption in 36-point font "CONTAINS INFORMATION EXCLUDED FROM REMOTE ACCESS" at the top of the first page of the case record.

Applies to

Certificate of participating official

A participating official must certify that the office has read the electronic access policy and will comply with it.

I, _________________________, the _____________________of Lubbock County, Texas, have read the Lubbock County Court Case Records Access Policy (the “Policy”) and hereby certify that my Office will comply with its requirements.

Applies to

Witness list

By the stated date, parties must file a witness list identifying each expert and fact witness's name, address, and subject of testimony.

A list must be filed which includes the name, address, and topic of testimony of each expert witness and fact witness by this date.

Applies to

Disposition proposal

Each attorney must submit a proposed property division to the court and opposing counsel that includes all separate property claimed or recognized.

Each attorney shall submit a proposed property division including property claimed or recognized as separate property to the court and opposing counsel.

Applies to

Initial pleading

The first attorney named in an initial pleading is the attorney in charge under Texas Rule of Civil Procedure 8 unless another attorney is designated.

The person whose name appears first in the signature block of an initial pleading is deemed to be the attorney in charge for the purposes of Texas Rules of Civil Procedure 8, unless otherwise designated.

Applies to

Electronically filed document

For Texas Rules of Civil Procedure 13 and 57, the document's digital signature is attributed to the first attorney named in its signature block.

The digital signature on any document filed is deemed to be the signature of the attorney whose name appears first in the signature block of the document for the purpose of Texas Rules of Civil Procedure 13 and 57.

Applies to

Electronically filed document

An electronic filer's digital signature authorizes payment of filing fees.

(c) A digital signature on an electronically-filed document is deemed to constitute a signature by the filer for the purpose of authorizing the payment of document filing fees.

Applies to

Scheduling order

At each scheduling conference, every case must receive a specific date and time for any court setting, provided in writing or electronically.

Each court will determine the trial settings according to their schedule, but all cases will receive a specific date and time, in writing or electronically, for any setting from the court, at each scheduling conference.

Applies to

Motion for continuance

Must include

certificate of conference

A completed certificate of conference permits the court to grant a civil continuance motion without a hearing.

A.2. If a completed certificate of conference accompanies a motion for continuance, the Court may grant the motion for continuance without a hearing.

Applies to

Motion for continuance

Must include

certificate of conference

A completed certificate of conference permits the court to grant a criminal continuance motion without a hearing.

B.1. If a completed certificate of conference accompanies a motion for continuance, the Court may grant the motion for continuance without a hearing.