McLennan County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Agreed motion

Must include

proposed order

Agreed motions submitted in writing with a proposed order and reflecting the agreement of all parties by personal or legally authorized signatures either (a) on the form of order, or (b) in the certificate of conference will be considered without a hearing.

Agreed motions submitted in writing with a proposed order and reflecting the agreement of all parties by personal or legally authorized signatures either (a) on the form of order, or (b) in the certificate of conference will be considered without a hearing.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Whenever practicable, motions should include a signed Certificate of Conference confirming the required conference; absent court leave, a motion without one will not be accepted for filing or scheduled for hearing.

Whenever practicable, counsel shall include with all filed motions a "Certificate of Conference" signed by counsel for movant and containing confirmation that 3.b. below has been satisfied. Except on leave granted by the Court, the Clerk shall not accept for filing and the Court Administrator shall not schedule for hearing any motion not containing a certificate of conference.

CRITICAL

Applies to

Reset form

Disposition reset forms must be signed by the State’s attorney, defense counsel, and the defendant.

All reset forms presented at disposition will be signed by the State's attorney, defense counsel and the defendant.

CRITICAL

Applies to

Motion for scheduling order

Must include

certificate of conference

If the parties cannot agree on a scheduling order, the Plaintiff must promptly move for one and include a certificate of conference.

If the parties cannot agree to a scheduling order, the Plaintiff shall promptly file a motion for the Court to enter a scheduling order, with a certificate of conference.

CRITICAL

Applies to

Proposed jury charge

All parties must submit a complete proposed jury charge in both printed form and digital Microsoft Word format.

All parties will submit, in printed form and in digital form (Microsoft Word format) a complete proposed charge to the jury.

CRITICAL

Applies to

Appearance

Retained attorneys must promptly file an appearance in writing with the Court Administrator.

Retained attorneys must promptly file an appearance in writing with the Court Administrator.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Counsel seeking affirmative relief must be prepared to tender a proposed order at the start of a hearing on a contested matter.

Counsel seeking affirmative relief shall be prepared to tender a proposed order to the Court at the commencement of any hearing on any contested matter.

CRITICAL

Applies to

Pre trial hearing

All parties must announce their readiness for trial at the Pre-Trial hearing.

All parties are required to make announcements at the Pre-Trial hearing concerning their readiness for trial.

CRITICAL

Applies to

Trial setting request

Must include

case number, certificate of conference

A trial-setting request must be in writing and include the case number and style, purpose and requested date, submitting party and counsel, and a certificate of conference showing a reasonable attempt to agree on the setting.

Any party may schedule the trial of a cause, subject to any scheduling order, by submitting a written request to the Court Administrator, with a copy to all other parties , setting out the following : a. The cause number and style of the case ; b. The purpose of and the requested date for the hearing or trial ; c. The identity of the party and counsel submitting the request; and d. A certificate of conference demonstrating a reasonable attempt to reach an agreement on such setting.

CRITICAL

Applies to

Motion

Must include

proposed order

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

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

CRITICAL

Applies to

Motion

Must include

certificate of conference

Counsel should include a signed certificate of conference with all motions whenever practicable; absent court-granted leave, a motion without one will not be accepted for filing or scheduled for hearing.

Whenever practicable, counsel shall include with all filed motions a "Certificate of Conference" signed by counsel for movant and containing confirmation that 3.b. below has been satisfied. Except on leave granted by the Court, the Clerk shall not accept for filing and the Court Administrator shall not schedule for hearing any motion not containing a certificate of conference.

CRITICAL

Applies to

Pre trial motion

Must include

proposed order

The State must timely file and serve each pre-trial motion and include a written proposed order with each motion.

d. timely file and serve all pre-trial motions, accompanied by a written proposed order with each motion .

CRITICAL

Applies to

Exhibit list

The exhibit list must identify each exhibit by number or letter, describe it, and provide space for the court reporter to note whether it was admitted or refused.

a. All parties will pre-mark exhibits to the extent reasonably possible, and prepare an exhibit list containing 1. the number/letter of the exhibit; 2. a description of the exhibit; and , 3. a space for the initial of the Court reporter's notation of the admission of, or refusal to admit the exhibit.

CRITICAL

Applies to

Scheduling order or trial date

The parties must submit an agreed proposed scheduling order or trial date to the Court Administrator after conferring.

Within 30 days following the answer and/or appearance of all parties, the parties must conference and submit an agreed proposed scheduling order or trial date to the Court Administrator.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Counsel seeking affirmative relief must be prepared to tender a proposed order to the Court at the start of any hearing on a contested matter.

Counsel seeking affirmative relief shall be prepared to tender a proposed order to the Court at the commencement of any hearing on any contested matter.

CRITICAL

Applies to

Discovery form

The Defense and the State must complete and sign the official Discovery Form and submit it to the Court at the beginning of or before the Pre-trial Docket.

a. The official Court form entitled "Discovery Form" must be completed and signed by the Defense and the State and submitted to the Court at the beginning of or prior to the Pre-trial Docket;

CRITICAL

Applies to

Pre trial motion

Must include

proposed order

All pre-trial motions must be timely filed and served with a written proposed order accompanying each motion.

b. timely file and serve all pre-trial motions, accompanied by a written proposed order with each motion.

CRITICAL

Applies to

Pre trial motion

Must include

proposed order

Attorneys must present a proposed order granting pre-trial motions or portions of them.

d. Attorneys will present a proposed order granting pre-trial motions, or portions thereof.

CRITICAL

Applies to

Exhibit list

For civil jury and bench trials, parties must pre-mark exhibits to the extent reasonably possible and prepare an exhibit list with the exhibit number or letter, description, and space for the court reporter’s admission-or-refusal notation.

All parties will pre-mark exhibits to the extent reasonably possible , and prepare an exhibit list containing a. the number/letter of the exhibit; b. a description of the exhibit; and, c. a space for the initial of the Court reporter's notation of the admission of or refusal to admit the exhibit.

CRITICAL

Applies to

Written deposition excerpts

A party offering written deposition excerpts at trial must designate each page and line to be used, in sequence.

If written deposition excerpts will be offered at trial, the party must designate each page and line in sequence to be used at trial.

CRITICAL

Applies to

Plea documents

Attorneys scheduling a plea must report to the Court Administrator upon arrival and promptly complete, obtain execution of, and deliver the required plea documents to Court staff.

All attorneys scheduling cases for a plea will report to the Court Administrator upon arrival , and shall promptly complete, have executed and deliver to the Court staff all plea documents as required by the Courts.

CRITICAL

Applies to

Jury instructions

Requested jury instructions must provide for the Court to note approval or rejection.

c. All parties will submit, in printed form and in digital form (Microsoft Word format) any requested instruction(s) to be included in the charge to the jury, with provision for the Court to note its approval or rejection of the requested instruction.

CRITICAL

Applies to

Motion

Must include

proposed order

Motions must be in writing and accompanied by a separate proposed order, unless the motion, order, signature lines, and certificate of service all fit on one page.

Motions shall be in writing and shall be accompanied by a proposed order granting the relief sought. The proposed order shall be a separate instrument, unless the entire motion, order, signature lines and certificate of service are all on one page.

CRITICAL

Applies to

Initial pleading

Initial pleadings must conform to the Texas Rules of Civil Procedure and include any cover sheet or tracking documents the County Clerk requires.

All initial pleadings must conform with the Texas Rules of Civil Procedure, and must include any cover sheet or other tracking documents required by the McLennan County Clerk.

CRITICAL

Applies to

Witness list

A witness list that includes addresses and telephone numbers must be submitted to the court reporter no later than when the case is called for trial.

A witness list, including addresses and telephone numbers, will be submitted to the court reporter no later than the time the case is called for trial.

CRITICAL

Applies to

Motion requesting oral hearing

Must include

proposed order

To request an oral hearing instead of the Submission Docket, parties must file a Motion Requesting Oral Hearing and Proposed Order.

Civil motions will be set automatically on the Court's Submission Docket. Parties may request to be removed from the Submission Docket and set for an oral hearing by filing a Motion Requesting Oral Hearing and Proposed Order.

CRITICAL

Applies to

Exhibit list

The exhibit list must be submitted to the court reporter at the beginning of trial.

b. The exhibit list will be submitted to the court reporter at the beginning of trial.

CRITICAL

Applies to

Initial pleading

Initial pleadings must comply with the Texas Rules of Civil Procedure and include any cover sheet or tracking documents required by the County Clerk.

All initial pleadings must conform with the Texas Rules of Civil Procedure and must include any cover sheet or other tracking documents required by the McLennan County Clerk.

CRITICAL

Applies to

Motion

Must include

certificate of conference

The motion requesting a scheduling order must include a certificate of conference.

If the parties cannot agree to a scheduling order, the Plaintiff shall promptly file a motion for the Court to enter a scheduling order, with a certificate of conference.

CRITICAL

Applies to

Witness list

Each party must prepare and submit a witness list with addresses and telephone numbers to the court reporter when it calls its first witness.

d. All parties will prepare and submit a witness list, including addresses and telephone numbers, to the court reporter at the time the party calls its first witness.

CRITICAL

Applies to

Exhibit list

In civil jury or bench trials, parties should pre-mark exhibits to the extent reasonably possible and prepare an exhibit list with the exhibit identifier, description, and space for the court reporter’s admission notation.

All parties will pre-mark exhibits to the extent reasonably possible, and prepare an exhibit list containing a. the number/letter of the exhibit; b. a description of the exhibit; and, c. a space for the initial of the Court reporter's notation of the admission of or refusal to admit the exhibit.

CRITICAL

Applies to

Witness list

A witness list that includes addresses and telephone numbers must be submitted to the court reporter by the time the case is called for trial.

A witness list, including addresses and telephone numbers, will be submitted to the court reporter no later than the time the case is called for trial.

CRITICAL

Applies to

Trial setting request

Must include

certificate of conference

Subject to any scheduling order, a party may request a trial setting in writing from the Court Administrator, copy all other parties, and include the case identity, purpose and requested date, requesting party and counsel, and a certificate of conference showing a reasonable attempt to agree on the setting.

Any party may schedule the trial of a cause, subject to any scheduling order, by submitting a written request to the Court Administrator, with a copy to all other parties, setting out the following : a. The cause number and style of the case; b. The purpose of and the requested date for the hearing or trial; c. The identity of the party and counsel submitting the request; and d. A certificate of conference demonstrating a reasonable attempt to reach an agreement on such setting.

CRITICAL

Applies to

Discovery disclosure

At that time, the Defendant must specify any item not yet disclosed or reviewed as contemplated by 39.14, TCCrP.

b. The Defendant must specify any item(s) not yet disclosed or reviewed as contemplated by 39.14, TCCrP, at that time.

CRITICAL

Applies to

Motion to withdraw as counsel

An attorney seeking to withdraw must submit a motion to withdraw that conforms to Rule 10 of the Texas Rules of Civil Procedure.

a. By submitting a Motion to Withdraw as Counsel conforming to Rule 10, Texas Rules of Civil Procedure;

CRITICAL

Applies to

Scheduling order or trial date

The parties must confer and submit an agreed proposed scheduling order or trial date within 30 days after the answer and/or appearance of all parties, unless a scheduling order is unnecessary or not required by applicable law.

Within 30 days following the answer and/or appearance of all parties, the parties must conference and submit an agreed proposed scheduling order or trial date to the Court Administrator. In the event a scheduling order is unnecessary or not required under the Texas Rules of Civil Procedure or any applicable statute, this section shall not apply.

CRITICAL

Applies to

Agreed motion

Must include

proposed order

Agreed motions submitted in writing with a proposed order and reflecting the agreement of all parties by personal or legally authorized signatures either (a) on the form of order, or (b) in the certificate of conference will be considered without a hearing .

Agreed motions submitted in writing with a proposed order and reflecting the agreement of all parties by personal or legally authorized signatures either (a) on the form of order, or (b) in the certificate of conference will be considered without a hearing .

CRITICAL

Applies to

Plea documents

Attorneys scheduling pleas must promptly complete and execute the required plea documents and deliver them to court staff.

shall promptly complete, have executed and deliver to the Court staff all plea documents as required by the Courts.

CRITICAL

Applies to

Interpreter oath

Advance approval of an interpreter requires execution of a written interpreter oath and filing it with the official Local Court Rules.

Advance approval of any interpreter in this manner is conditioned upon his/her execution of a written oath as interpreter, which shall be filed with the official Local Court Rules.

WARNING

Applies to

Disposition announcement

At the Disposition docket, the State and Defense must announce the case’s resolution status, discovery status, negotiation status, and whether a trial setting or further resolution efforts are needed.

The State and Defense will be required to make the following announcements: a. The case has been or has not been resolved ; b. Discovery has been completed , or additional discovery time is required ; c. Negotiations have been conducted , and are ongoing or have resulted in no agreement; d. A trial setting is necessary, or additional efforts at resolution are pending .

WARNING

Applies to

Proposed jury charge

Specific requested instructions should be included in the body of the proposed charge and in a separate request containing a provision for the Court to note its approval or rejection of the requested instruction.

Specific requested instructions should be included in the body of the proposed charge and in a separate request containing a provision for the Court to note its approval or rejection of the requested instruction.

WARNING

Applies to

Interpreter approval order

If the County Courts at Law approve an interpreter in advance, the approval must be by court order signed and filed in the Local Rules.

The County Courts at Law may approve in advance an interpreter or interpreters to translate from English into other languages during Court proceedings, by Court order signed and filed in the Local Rules of the County Courts at Law of McLennan County.

WARNING

Applies to

Speedy trial waiver

A defendant may be removed from Jail Status review and rescheduled approximately eight to twelve weeks later if the defendant has executed a written waiver of both statutory and constitutional speedy-trial rights in a form satisfactory to the Court.

c. Defendant has executed a written waiver of both statutory and constitutional rights to a speedy trial, in a form satisfactory to the Court, in which case the defendant will be rescheduled for a Jail Status review approximately eight (8) to twelve (12) weeks away;

WARNING

Applies to

Pre trial hearing

If no party announces readiness, the case is automatically passed and removed from the Trial Docket until rescheduled, although the Court may instead dismiss it for want of prosecution.

If no party announces "ready," the case will be passed automatically and removed from the Trial Docket until it is scheduled again for trial; however, the Court may, in its discretion, exercise its authority to dismiss the case for want of prosecution.

WARNING

Applies to

Proposed jury charge

Specific requested instructions should be included in the body of the proposed charge and in a separate request containing a provision for the Court to note its approval or rejection of the requested instruction .

Specific requested instructions should be included in the body of the proposed charge and in a separate request containing a provision for the Court to note its approval or rejection of the requested instruction .