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Document Filing Requirements14 rules
One permitted certificate form states that counsel personally conferred, substantively discussed every motion item, and could not resolve the matters despite best efforts, and includes a signature and date.
Court's wording
"Counsel for Movant and Counsel for Respondent have personally conducted a conference at which there was a substantive discussion of every item presented to the Court in this Motion and despite best efforts the Counsel for the affected parties have not been able to resolve those matters presented. Signed on this ___ day of _____, 20____, by _____."
A motion must be accompanied by a Certificate of Conference signed by movant’s counsel, except for summary-judgment, jurisdictional-plea, and other case-dispositive motions.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
No Counsel for a party shall file, nor shall any clerk accept for filing, any Motion except a Motion for Summary Judgment, a Plea to the Jurisdiction, or any other Motion that would be dispositive of the case, unless accompanied with a "Certificate of Conference" signed by Counsel for Movant in one of the forms set out below.
"Counsel for Movant has personally attempted to contact Counsel for Respondent on at least one occasion. An emergency exists of such a nature that further delay would cause irreparable harm to the Movant, as follows: Provide dates, times, method of contact, result, details of emergency and harm) Signed on this ___ day of _____, 20____, by _____."
A "Certificate of Conference" shall mean the appropriate one of the following three paragraphs (verbatim):
Must include
- •Certificate of conference
One permitted certificate form records contact dates, times, methods, and results; confirms delivery and receipt of the proposed motion; and states that at least three post-receipt contact attempts received no response or effort to resolve the matters.
Court's wording
"Counsel for Movant has personally attempted to contact the Counsel for Respondent to resolve the matters presented as follows: (Provide dates, times, methods of contact, results) Counsel for Movant has caused to be delivered to Counsel for Respondent, and Counsel for Respondent has received a copy of the proposed Motion. At least three (3) attempts were made to contact Counsel for Respondent following the receipt by Counsel for Respondent of the proposed Motion. Counsel for Respondent has failed to respond or attempt to resolve the matters presented. Signed on this ___ day of _____, 20____, by _____."
Each party to file/exchange Inventory & income information on or before:
This memorandum is not a written order. This memorandum will be reduced to a written order by _____ on or before _____, 202__.
Each parent must produce the listed financial and insurance information within 30 days of appearing and before a temporary-orders hearing.
Court's wording
Within 30 days of a parent's appearance in a suit affecting the parent-child relationship, and before any hearing on temporary orders, each parent shall produce the following: - 4.1 Information sufficient to accurately identify that parent's net resources and ability to pay child support; - 4.2 Copies of income tax returns for the past two years, a financial statement, and current pay stubs; - 4.3 Regarding each child's health insurance: the name of the carrier, the policy number, a copy of the policy and schedule of benefits, a health insurance membership card, and proof of the cost of the child's portion of the premiums; and - 4.4 Regarding each child's dental insurance: the name of the carrier, the policy number, a copy of the policy and schedule of benefits, a dental insurance membership card, and proof of the cost of the child's portion of the premiums.
The initiating party must attach this order to the petition and its service copies; if the petitioner fails, the Clerk must attach it to the copies presented.
Court's wording
The party who initiates any cause of action shall attach a copy of this order to the original and each copy of their petition to be served on the other parties in the case. At the time the petition is filed, if the Petitioner has 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, and shall tax the costs of said copies to the Petitioner.
The certificate of conference states that counsel personally discussed every motion item and were unable to resolve the matters despite best efforts.
Court's wording
CERTIFICATE OF CONFERENCE BETWEEN COUNSEL Counsel for Movant and Counsel for Respondent have personally conducted a conference at which there was a substantive discussion of every item presented to the Court in this Motion and despite best efforts the Counsel for the affected parties have not been able to resolve those matters presented.
An attorney's vacation notice must be written, identify the vacation period, and be filed with the appropriate clerk, with copies to clerks in other counties where the attorney has pending cases.
Court's wording
In civil cases not specially set, an attorney may not be put to trial for a period not to exceed four consecutive weeks of a given year if he or she has, in writing, filed with the appropriate clerk of the county of his residence, with a copy to the appropriate clerk of any other county where he or she has pending cases, at least 90 days in advance, notice of his or her vacation period. At his or her discretion, a judge may recognize another time for the designated vacation period.
A setting request must be written and signed by counsel and certify that depositions are complete, discovery is complete or the client was tendered for deposition at least 20 days earlier, and the case is ready for trial.
Court's wording
(b) Requests for Settings - A party requesting a setting shall certify by request in writing, signed by counsel, to the clerk of court or court administrator with copy to opposing counsel or party where there is not counsel, that all depositions have been taken, that discovery has been completed or that the party requesting the setting has tendered his client for deposition at least 20 days prior to such request; and that the case is ready for trial.
The certificate must state that counsel attempted to contact opposing counsel and describe the contact attempts, emergency, and resulting harm.
Court's wording
Counsel for Movant has personally attempted to contact Counsel for Respondent on at least one occasion. An emergency exists of such a nature that further delay would cause irreparable harm to the Movant, as follows: (provide dates, times, methods of contact, result, details of emergency and harm) Signed on this ______ day of _____________, 20____, by _________________.
CERTIFICATE OF CONFERENCE (Provide dates, times, methods of contact, results)
Filing & Service rules
Filing Timing and Cure Windows
In civil cases not specially set, an attorney may designate up to four consecutive weeks as vacation by filing written notice with the appropriate clerk at least 90 days in advance and copying clerks in other counties where the attorney has pending cases; a judge may recognize a different period.
In civil cases not specially set, an attorney may not be put to trial for a period not to exceed four consecutive weeks of a given year if he or she has, in writing, filed with the appropriate clerk of the county of his residence, with a copy to the appropriate clerk of any other county where he or she has pending cases, at least 90 days in advance, notice of his or her vacation period. At his or her discretion, a judge may recognize another time for the designated vacation period.
Page 5 | RULE 11. ATTORNEY VACATION.
If the setting request relies on tendering the client for deposition, that tender must occur at least 20 days before the request.
(b) Requests for Settings - A party requesting a setting shall certify by request in writing, signed by counsel, to the clerk of court or court administrator with copy to opposing counsel or party where there is not counsel, that all depositions have been taken, that discovery has been completed or that the party requesting the setting has tendered his client for deposition at least 20 days prior to such request; and that the case is ready for trial.
Page 6 | RULE 12. PROCEDURES.
A pretrial motion must be filed with the clerk 3 days before docket call and presented to the court at docket call.
(a) Pretrial Motions - A pretrial motion shall be filed with the clerk 3 days before docket call to facilitate the trials of cases and shall be presented to the court at docket call.
Page 6 | RULE 12. PROCEDURES.
Judges should, as far as reasonably possible, set criminal cases for trial within 180 days after indictment or information, except for good cause shown.
Set for trial within 180 days from date of indictment or information except for good cause shown.
Page 1 | a. CRIMINAL CASES
Judges should, as far as reasonably possible, bring civil jury cases to trial or final disposition within 18 months of the appearance date.
Within 18 months from appearance date.
Page 1 | b. CIVIL CASES OTHER THAN FAMILY LAW; (1) Civil Jury Cases
Judges should, as far as reasonably possible, bring contested family law cases to trial or final disposition within six months of the appearance date or, when a Family Code waiting period is required, within six months after it expires, whichever is later.
Within 6 months from 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 1 | c. FAMILY LAW CASES; (1) Contested Family Law Cases
Within 3 months from appearance date or within 3 months 3 months from the expiration of the waiting period provided by the Family Code where such is required, whichever is later.
Within 3 months from appearance date or within 3 months 3 months from the expiration of the waiting period provided by the Family Code where such is required, whichever is later.
Page 1 | c. FAMILY LAW CASES; (2) Uncontested Family Law Cases
Judges should, as far as reasonably possible, bring civil nonjury cases to trial or final disposition within 12 months of the appearance date.
Within 12 months from appearance date.
Page 1 | b. CIVIL CASES OTHER THAN FAMILY LAW; (2) Civil Nonjury Cases
A juvenile adjudicatory or transfer (waiver) hearing concerning a juvenile in a detention facility should be held within 10 days of admission, except for good cause shown of record.
Not later than 10 days following admission to such a facility, except for good cause shown record.
Page 2 | d. JUVENILE CASES; (2) Adjudicatory or Transfer (Waiver) Hearings; (a)
A juvenile detention hearing should be held on the next business day after admission to a detention facility.
On the next business day following admission to any detention facility.
Page 2 | d. JUVENILE CASES; (1) Detention Hearings
Juvenile disposition hearings should be held within 15 days after the adjudicatory hearing, but the court may grant additional time in exceptional cases requiring more complex evaluation.
Not later than 15 days following the adjudicatory hearing. The court may grant additional time in exceptional cases requiring more complex evaluation.
Page 2 | d. JUVENILE CASES; (3) Disposition Hearings
A juvenile adjudicatory or transfer (waiver) hearing concerning a juvenile in a detention facility should be held within 30 days after the petition is filed, except for good cause shown of record.
Not later than 30 days following the filing of the petition, except for good cause shown of record.
Page 2 | d. JUVENILE CASES; (2) Adjudicatory or Transfer (Waiver) Hearings; (b)
The disposition standards may not be achievable in especially complex cases or special circumstances.
It is recognized that in especially complex cases or special circumstances it may not be possible to adhere to these standards.
Page 2 | e. COMPLEX CASES
Service and Proof of Service Rules
A party requesting a setting must provide a copy of the written request to opposing counsel or, if there is no counsel, to the opposing party.
(b) Requests for Settings - A party requesting a setting shall certify by request in writing, signed by counsel, to the clerk of court or court administrator with copy to opposing counsel or party where there is not counsel, that all depositions have been taken, that discovery has been completed or that the party requesting the setting has tendered his client for deposition at least 20 days prior to such request; and that the case is ready for trial.
Page 6 | RULE 12. PROCEDURES.
Filing Fees and Waivers
If the Petitioner fails to attach the order, the Clerk must attach copies and tax their costs to the Petitioner.
At the time the petition is filed, if the Petitioner has 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, and shall tax the costs of said copies to the Petitioner.
Civil cases
Page 4 | 5. SERVICE & APPLICATION OF THIS ORDER
Pre-Motion Conference Requirements
Before filing a motion, movant’s counsel must personally attempt to arrange a conference; absent an emergency, counsel must make at least three contact attempts during regular business hours on at least two business days.
Prior to the filing of a Motion, Counsel for the potential Movant shall personally attempt to contact Counsel for the potential Respondent to hold or schedule a conference to resolve the disputed matters. Unless an emergency exists, Counsel for the potential Movant shall make at least three (3) attempts to contact Counsel for the potential Respondent. The attempts shall be made during regular business hours on at least two business days.
Civil cases
Page 1 | STANDING ORDER REQUIRING CERTIFICATE OF CONFERENCE BETWEEN COUNSEL IN ALL CIVIL AND FAMILY LAW CASES
The certificate describes personal contact efforts to resolve the dispute, delivery and receipt of the proposed motion, and at least three further contact attempts after receipt.
Counsel for Movant has personally attempted to contact the Counsel for Respondent to resolve the matters presented as follows: (Provide dates, times, methods of contact, results) Counsel for Movant has caused to be delivered to Counsel for Respondent, and Counsel for Respondent has received a copy of the proposed Motion. At least three (3) attempts were made to contact Counsel for Respondent following the receipt by Counsel for Respondent of the proposed Motion. Counsel for Respondent has failed to respond or attempt to resolve the matters presented.
Civil cases
Page 1 | CERTIFICATE OF CONFERENCE
Adjournment & Extension Requirements
A continuance may be granted only as permitted by law and upon a proper motion under the Rules of Procedure.
A continuance shall not be granted except as permitted by law and upon proper motion as required by the Rules of Procedure.
Page 2 | f. CONTINUANCE
After one agreed pass has been granted, no further agreed passes may be granted, and each party receiving one is charged with a continuance.
After one agreed pass has been granted, thereafter, agreed passes shall not be granted and each party receiving same shall be charged with a continuance.
Page 3 | g. AGREED PASSES
Chambers Communication Rules
An attorney must call the affected judges as soon as the attorney learns of conflicting settings.
It is the duty of an attorney to call the affected judges' attention to all dual settings as soon as they are known.
Page 5 | RULE 10. CONFLICTING ENGAGEMENTS.
Vulnerable individuals may contact the court to identify themselves and request special accommodations while attending court.
Please be advised that individuals who are in vulnerable populations may contact the court involved to identify themselves as a vulnerable individual to receive special accommodations while attending court.
Page 1 | Notice to Persons Attending Court
Contact the court by phone at (830) 773-1151 for 365th District Court calendar dates.
For 365th District Court Calendar dates please contact us at (830) 773-1151.
Page 1 | Notice to Persons Attending Court