McLennan County District Courts Document Filing Requirements

Applies to

Electronically filed document

A registered filer must use their confidential, unique electronic identifier when e-filing, and that use constitutes a digital signature.

(a) Upon completion ofthe initial registration procedures, each filer will be issued a confidential and unique electronic identifier. Each filer must use his or her identifier in order to electronically file documents. Use ofthe identifier to electronically file docwnents constitutes a "digital signature" on the particular document.

Applies to

Electronically filed document

A digital signature satisfies document-signature requirements imposed by the Texas Rules of Civil Procedure or other law.

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

Applies to

Electronically filed document

An electronic digital signature authorizes payment of document filing fees.

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

Applies to

Attendance certificate

Each party required to attend the parent education course must file an attendance certificate no later than the date the case is set for final hearing.

C. All parties required by paragraph A herein to attend a parent education course shall file with the court a certificate verifying the party's attendance at such course. The certificate shall be filed no later than the date the case is set for final hearing.

Applies to

Notice of final hearing

Notice of the first setting for a final hearing or trial must comply with Texas Rule of Civil Procedure 245, providing 45 days' notice.

Notice of all first settings for final hearing or trial shall be pursuant to Rule 245 of the Texas Rules of Civil Procedure (i.e. 45-days' notice).

Applies to

Property inventory

In cases involving an appreciable amount of disputed property, counsel must prepare a sworn property inventory with value estimates, provide it to opposing counsel at least seven days before trial, and provide it to the court before testimony begins.

In cases involving an appreciable amount of property in dispute, counsel for each party shall prepare a sworn list of property involved with estimates of value noted thereon. A copy of the list shall be presented to opposing counsel at least seven (7) days before trial, and to the court prior to any testimony being offered.

Applies to

Motion

Must include

certificate of conference

A party seeking an exception to the mediation requirement must file a verified motion accompanied by a certificate of conference.

Parties seeking an exception must file a verified motion with a certificate of conference.

Applies to

Final decree or order

A pro se litigant must present a complete final decree or order settling all issues in a divorce or parent-child relationship suit.

If you are representing yourself (Pro Se) in a divorce or in a Suit Affecting the Parent-Child Relationship, please understand the following: You must present a complete Decree or Order that settles all issues.

Applies to

Discovery motion

Must include

certificate of conference

Every discovery motion must include a certificate of conference, and the court will not set a hearing without it.

a certificate of conference must be attached to any discovery motion. If no certificate of conference is attached, no hearing will be set.

Applies to

Pretrial materials

When required by rule or statute, all pretrial materials must be exchanged and filed before the pretrial conference.

Any scheduling order shall require the exchange and filing, if required by rule or statute, of all pretrial materials before the date of the pretrial conference.

Applies to

Proposed jury instructions

Attorneys must email proposed jury charges in Microsoft Word format to the Court Administrator.

Attorneys must e-mail their proposed jury charges in Microsoft Word format to the Court Administrator.

Applies to

Certificate

Parties must attend a specified parenting course and file the certificate before the court will set a final hearing.

parties must attend either the Seminar for Divorcing Parents or Co-Parenting Course/ Shared Parenting Course and file their certificate before a final hearing will be set.

In a divorce case, both parties must preserve records and must not falsify writings or records relating to either party's property.

5. PERSONAL AND BUSINESS RECORDS IN DIVORCE CASE. Ijthis is a divorce case, both parties to the marriage are ORDERED to refrain from doing the following acts : 5.1 Concealing, destroying, disposing of, or altering any family records, property records, financial records, business records, or any records of income, debts, or other obligations. 5.2 Falsifying any writing or record relating to the property of either party. "Records", as used in the section, include e-mails or other digital or electronic data, whether stored on a computer hard drive, diskette or other electronic storage device or method.

Applies to

Petition

The petitioner must attach a copy of the standing order to the original petition and every copy; if omitted, the clerk must ensure it is attached before or at filing.

8.1 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 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.

Applies to

Verified motion

Must include

certificate of conference

For Family Code cases, mediation is required before a final-orders hearing lasting two hours or longer, and a party seeking an exception must file a verified motion with a certificate of conference.

10.1 In cases brought under the Family Code, mediation is required before all final orders hearings lasting two (2) hours or longer. Failure to mediate may not be used as an excuse to avoid a final orders hearing. Exceptions may be made in certain cases. Parties seeking an exception must file a verified motion with a certificate of conference. Failure to mediate before trial may result in imposition of sanctions, as permitted by law.

Applies to

Filed document

Must include

certificate of service

Every filed document must include a signed statement on a separate page confirming that a true and correct copy was mailed to the other side.

You must also attach a separate page of paper to every document you file with a statement that tells the Court you have mailed a true and correct copy of the paperwork to the lawyer on the other side, or to the other party if they do not have a lawyer. You must sign the statement.

Applies to

Court request

Must include

certificate of service

Every written request to the Court must include a signed statement confirming that a copy was sent to the opposing party.

Any requests to the Court must be made in writing with the signed statement attached that you have sent a copy to the opposing party.

Applies to

Discovery motion

Must include

certificate of conference

A certificate of conference must be attached to every discovery motion.

A certificate of conference must be attached to any discovery motion.

Applies to

Discovery motion

Must include

certificate of conference

The court will not set a discovery hearing if the required certificate of conference is missing.

If no certificate of conference is attached, no hearing will be set.

Applies to

Certificate

In specified family cases, parties must attend the required parenting course or seminar and file the certificate before a final hearing is set.

In divorce cases involving children and in Original Suits Affecting the Parent Child Relationship, parties must attend either the Seminar for Divorcing parents or Co-Parenting Course/Shared Parenting Course and file their certificate before a final hearing will be set.

Applies to

Motion

Must include

certificate of conference

A party seeking an exception to the mediation requirement must file a verified motion with a certificate of conference.

Parties seeking an exception must file a verified motion with a certificate of conference.

Applies to

Plea documents

To avoid appearing at the status docket, properly signed plea documents without electronic signatures must be delivered to the court by noon two days beforehand.

To avoid having to appear for status docket, one of these must have happened by noon two days before the status docket (typically a Wednesday): properly signed plea documents (no Esignatures) must be delivered to the Court, or

Applies to

Psi packet

When a guilty plea and PSI are anticipated, the client must complete the PSI packet and email it to the Probation Department before the plea date.

If your client is going to enter a plea of guilty and a PSI is being ordered, please make sure your client fills out the PSI packet and email it to the Probation department at [email protected] prior to the plea date.

Applies to

Psi packet

If the PSI paperwork is not timely submitted to the CSCD, the client must appear in court with the completed packet.

If the paperwork is not timely submitted to the CSCD, then your client must appear in court with the PSI packet completed.

Applies to

Initial pleading

The first-listed signer of 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 ofTexas Rules of Civil Procedure 8, unless otherwise designated.

Applies to

Electronically filed document

For Texas Rules of Civil Procedure 13 and 57, the electronic filing's digital signature is attributed to the first-listed signer in the signature block.

The digital signature on any document filed is deemed to be the signature ofthe 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 electronically filed document must include an e-mail address in addition to the information required by Texas Rule of Civil Procedure 57.

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.