Medina County Court at Law
Court-Level Rules, Filing Procedures & Policies
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Document Filing Requirements37 rules
When a continuance motion is required, it must be accompanied by an order setting the motion for hearing.
Court's wording
Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as amended, or Article 29.01, Texas Code of Criminal Procedure, as applicable, and the motion must be accompanied by an order setting motion for hearing. Any motion that does not meet these requirements will be denied without prejudice to the right to refile.
Counsel presenting an ex parte application must provide a written certification at presentation addressing whether opposing counsel is unrepresented, has been notified and declines to be heard, or could not be reached despite diligent efforts and circumstances preventing further notice.
Court's wording
Counsel presenting any application for an ex parte order shall, at the time the application is presented to the Court, certify in writing that: A. To the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or B. 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 pennit additional efforts to give such notice.
At the bottom :of all Orders of Setting, pl~e list all the parties; and, if the parties are represented by counsel, please list the attorney's name, address and fax number. If they are pro:-se litig~ts, please give their address. Do not put, "a copy has been sent to all opposing· counsel".
Always advise'the Court in your request or cover letter that you have contacted opposing counsel and that.they are available for hearing on the date you have requested.
Submit an Order Setting to th_e Court, with a Request for .Setting when .obtaining a trial date, or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.
If you cannot obtain a date :that is agreeable to all counsel, send yo-µr Order Setting with a letter stating the dates that were given to opposing counsel and their reasons for not agreeing.
At any contested hearing _please provide a copy of the relevant pleadings to the Court at the_time of the hearin~.
If the parties cannot agree on an ADR referral, one party must notify the Court in writing that coordination efforts failed, after which the Court must order a referral without a hearing.
Court's wording
If the parties are unable to cooperate or agree to a referral of such issues to an ADR procedure, then upon written notification to the Court by one of the parties that efforts to coordinate a referral have been unsuccessful, the Court, without a hearing, shall enter an order of referral to an ADR procedure, and under such terms and conditions selected by the Court.
Within thirty (30) days after rendition, announcement of the Court's ruling or announcement of settlement by counsel, counsel shall cause all judgements, decrees or orders of any kind to be reduced to writing, forwarded to opposing counsel for approval as to fonn, and delivered to the Court for signing.
A waiver of arraignment is required and shall bel filed by the attorney of record within five days of appointment or notice of appearance.
All forms are to be filled out and sworn to before the District Clerk prior to setting a case for a plea hearing.
When requesting a setting for the temporary orders_hearing; counsel shall stat~.~e estimate of time required to present the case.
In temporary support matters, each party must furnish the specified income and tax documents and provide copies to opposing counsel and the court at the hearing.
Court's wording
In all cases in which temporary support of a spouse/or the child is in issue, each party shall be required to furnish all payroll statements, pay stubs, W2 forms and 1099 forms which evidence that party's earnings for the calendar year prior to the temporary hearing, a statement of monthly income and expenses attached as Appendix 2, and copies of that party's federal income tax returns for the two calendar years prior to the temporary hearing. A copy of these documents shall be provided to opposing counsel and to the court at the time of the hearing.
Counsel must attach Appendix 1 to the original citation in divorce and parent-child relationship suits.
Court's wording
The "Standing Order Regarding Property and Conduct of Parties in Divorce and Suits Affecting the Parent-Child Relationship" attached hereto as Appendix 1, is to be attached by counsel to the original citation in all suits of divorce and suits affecting the parent-child relationship.
In all cases to be tried to the bench, the attorneys are required to submit a proposed property division to the court on the date of trial.
Each party completing the course shall file a certificate of completion with the court within thirty (30) days of completion of the course, or at the time of that party's next court appearance, whichever is sooner.
The Respondent shall complete and file the Medina County Proposed Property Division with the Court and serve a copy of the same on the Petitioner not less than seven (15) days prior to trial.
The parties shall file a Medina County Proposed Property Division attached as Appendix 3.
The Petitioner shall initiate the Medina County Proposed Property Division and forward it to the Respondent for completion not less than fourteen (30) days prior to trial.
The Petitioner must attach this Order to the original petition and each copy; if the Petitioner does not, the Clerk must ensure it is attached when the petition is filed.
Court's wording
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.
An attorney must submit the specified annual practice-time statement by October 15 through the prescribed online form to the county court administration office.
Court's wording
An attorney shall submit by October 15 th each year a statement that describes the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in this county for adult criminal cases and juvenile delinquency cases for the prior 12 months that begins on October pt and ends on September 30 th . The report must be submitted through the online form to the Texas Indigent Defense Commission/form prescribed by the Texas Indigent Defense Commission to the court administration office in the county.
All attorneys on the appointment list must file a certificate with the court administration office each year attesting to completion of the required CLE or submit documentation showing that the attorney is certified as a specialist in juvenile law.
An appointed attorney shall fi ll out and submit a fee voucher to the court for services rendered.
An advance-payment request must include the investigation or expert type, supporting facts, and an itemized list of anticipated expenses, as applicable.
Court's wording
The request for expenses must state the following, as applicable: a. The type of investigation to be conducted or the type of expert to be retained; b. Specific facts that suggest the investigation will result in admissible evidence or that the services of an expert are reasonably necessary to assist in the preparation of a potential defense; and c. An itemized list of anticipated expenses for each investigation and/or each expert.
If the court denies in whole or in part the request for expenses, the court shall: a. State the reasons for the denial in writing;
Should additional discovery be necessary the Defendant and/or the State shall file a written motion addressing only matters not covered in this Order.
In a contested divorce involving children under 18 born during the marriage, attend a parenting class that complies with Texas Family Code Section 105.009 and is approved by the Court.
Court's wording
If there were children born during this marriage who are under the age of 18 years, and the divorce is contested (not agreed to) you must attend a parenting class as set out, in Sec. 105 .009 of the Texas Family Code. The course you select must comply with the requirements set out in Sec. 105 .009 of the Texas Family Code and must be approved by the Court.
If you are using a Waiver of Service, this document must have been signed by the Respondent in front of a notary public and notarized on a date after the Original Petition for Divorce was filed.
Obtain and complete the Information on Suit Affecting the Family Relationship form, then either file it with the Clerk or bring it to the final divorce hearing.
Court's wording
Pick up a form entitled Information on Suit Affecting the Family Relationship (Texas Department of State Health Services - Vital Statistics Form) from the C lerk's office. Fill out the form according to the instructions and either file it with the C lerk 's office, or bring the form with you to Court for the final divorce hearing.
Additionally, the Final Decree of Divorce must include all of the elements necessary under Texas law.
If a citation issued by the Clerk was personally served on your spouse and they did not file an answer, sign the proposed decree, or if they are not going to appear in court, you will need to prepare and bring to your final hearing a Certificate of Last Known Address and an Affidavit of Nonmilitary Status.
You must also bring a certified copy of the Attorney General order concerning the child(ren) in this divorce with you to the final hearing.
If the spouse was served by posting or publication, also prepare and bring a Statement of the Evidence to the final hearing.
Court's wording
If your spouse was served by posting or citation by publication you will, in addition to the above, need to prepare and bring to your final hearing a Statement of the Evidence pursuant to Sec. 6.409 of the Texas Family Code.
either party parented a child with someone other than the other spouse during the marriage (unless that third-party is made a party to the divorce suit and is addressed in the decree)
a child has been the subject of a prior Court order (unless the prior Court case has been transferred to the divorce Court, or consolidated with the divorce case).
Present the Court with the proposed judgment, decree or order, together with a letter requesting the Court to sign the same if the Court has not received a written objection from opposing counsel within ten (10) days from the date of the letter.
- Document
- Proposed judgment
Include
- •Proposed order
lf counsel does not wish to have a hearing for entry of a 9,9cket control :order, counsel may submit a:completed docket control order to the Court, signed by all parties, prior to the setting date for the scheduled docket control conference.
Filing & Service rules
Filing Timing and Cure Windows
The written order, judgment, or decree must be delivered to the Court for signing within 30 days after the stated ruling or settlement event.
Within thirty (30) days after rendition, announcement of the Court's ruling or announcement of settlement by counsel, counsel shall cause all judgements, decrees or orders of any kind to be reduced to writing, forwarded to opposing counsel for approval as to fonn, and delivered to the Court for signing.
Page 8 | RULE 2.6 A. Reduction to Writing Within Thirty (30) Days
The attorney of record must file the arraignment waiver within five days of appointment or notice of appearance.
A waiver of arraignment is required and shall bel filed by the attorney of record within five days of appointment or notice of appearance.
Page 9 | RULE 3.1 DISTRICT COURT-ARRAIGNMENT
The certificate of completion is due within 30 days after course completion or at the completing party’s next court appearance, whichever occurs sooner.
Each party completing the course shall file a certificate of completion with the court within thirty (30) days of completion of the course, or at the time of that party's next court appearance, whichever is sooner.
Page 12 | D. Verification of Attendance
The Petitioner shall initiate the Medina County Proposed Property Division and forward it to the Respondent for completion not less than fourteen (30) days prior to trial.
The Petitioner shall initiate the Medina County Proposed Property Division and forward it to the Respondent for completion not less than fourteen (30) days prior to trial.
Page 13 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
The Respondent shall complete and file the Medina County Proposed Property Division with the Court and serve a copy of the same on the Petitioner not less than seven (15) days prior to trial.
The Respondent shall complete and file the Medina County Proposed Property Division with the Court and serve a copy of the same on the Petitioner not less than seven (15) days prior to trial.
Page 13 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
The Order takes effect when the original petition is filed and remains a Temporary Restraining Order for fourteen days; absent a contest supported by evidence at a hearing by then, it continues as a Temporary Injunction until further court order, and terminates when the Court signs a final Order.
This Order is effective upon the filing of the original petition and shall remain in full force and effect as a Temporary Restraining Order for fourteen days after the date of the filing of the original petition. If no party contests this Order by presenting evidence at a hearing on or before fourteen days after the date of the filing of the original petition, this Order shall continue in full force and effect as a Temporary Injunction until further Order of the Court. This entire Order will terminate and will no longer be effective once the Court signs a final Order.
Civil cases
Page 5 | SERVICE AND APPLICATION OF THIS ORDER
The annual practice-time statement is due by October 15 each year.
An attorney shall submit by October 15 th each year a statement that describes the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in this county for adult criminal cases and juvenile delinquency cases for the prior 12 months that begins on October pt and ends on September 30 th . The report must be submitted through the online form to the Texas Indigent Defense Commission/form prescribed by the Texas Indigent Defense Commission to the court administration office in the county.
Page 7 | Minimum Attorney Qualifications
Payment requests for an appeal must be made within 30 days after completion of the last deadline or oral argument.
and within 30 days after completion of the last deadline or oral argument on appeal.
Page 20 | Miscellaneous
Payment requests for detention hearings or a final disposition hearing must be made within 10 working days.
Request for payments must be made within 10 working days for hearings on detention or final disposition hearing
Page 20 | Miscellaneous
All necessary paperwork, including the Final Decree of Divorce, must be filed with the Clerk before a date is given for the final divorce hearing.
You must have filed all necessary paperwork (including a Final Decree of Divorce) with the Clerk's office befo re you will be given a Court date for the final divorce hearing.
Page 3 | DIVORCE CHECKLIST FOR PRO SE LITIGANTS
The parenting-class completion certificate must be filed with the Clerk before a date is given for the final divorce hearing.
Your certificate of completion from your parenting class must be filed with the Clerk's office before you will be given a Court date for the final di vorce hearing.
Page 3 | DIVORCE CHECKLIST FOR PRO SE LITIGANTS
A divorce cannot be granted until 60 days have elapsed from filing the lawsuit, unless the family-violence exception applies.
You will not be able to get a divorce if (a) 60 days have not elapsed from the date the lawsuit was filed (unless family violence is involved pursuant to § 6.702(c) of the Texas Family Code)
Page 4 | DIVORCE CHECKLIST FOR PRO SE LITIGANTS
The Court may be asked to sign the proposed judgment, decree, or order if it has received no written objection from opposing counsel within ten days from the letter's date.
Present the Court with the proposed judgment, decree or order, together with a letter requesting the Court to sign the same if the Court has not received a written objection from opposing counsel within ten (10) days from the date of the letter.
Page 9
An attorney may appeal a disapproved payment request, or one not acted on by the 60th day after submission, by filing a motion with the presiding judge of the administrative judicial region.
An attorney whose request for payment is disapproved or is not otherwise acted on by the 60 th day after the date the request for payment is submitted may appeal the disapproval or failure to act by filing a motion with the presiding judge of this adm ini strative judicial region.
Page 18 | Fee and Expense Payment Process
Service and Proof of Service Rules
In the stated circumstances, the withdrawing attorney must notify the client in writing by certified mail, return receipt requested, and the order may be signed no earlier than ten days after notice.
If another attorney is not to be substituted as attorney for the party or if the party does not consent to the motion to withdraw, the withdrawing attorney shall notify the client in writing that the Court will be requested to sign an order granting the withdrawal on or after ten (10) days following the date of such notice. Notice shall be sent by certified mail, return receipt requested.
Page 7 | No Delay of Trial
A party submitting a proposed judgment for signature must serve the judgment and the accompanying letter on all other parties who have appeared and remain in the case, under Rule 21a.
Each party who submits a proposed judgment for signature shall serve the proposed judgment and a copy of the letter on all other parties who have appeared and remain in the case, in accordance with Rule 21a, Texas Rules of Civil Procedure.
Page 9
Papers seeking affirmative relief must be served on the adverse party under Texas Rules of Civil Procedure 5 and 21a.
which that party is seeking affirmative relief shall be served on the adverse party in accordance with Rule 5 and Rule 21a of the Texas Rules of Civil Procedure, as amended.
Page 11
The Respondent shall complete and file the Medina County Proposed Property Division with the Court and serve a copy of the same on the Petitioner not less than seven (15) days prior to trial.
The Respondent shall complete and file the Medina County Proposed Property Division with the Court and serve a copy of the same on the Petitioner not less than seven (15) days prior to trial.
Page 13 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
If the spouse's whereabouts are unknown and there are no children born of the marriage, ask the Clerk to issue citation by posting under Texas Family Code Section 6.409(d).
If your spouse's whereabouts are unknown and there are no children born of the marriage, you must ask that the Clerk issue a citation by posting pursuant to Sec. 6.409 (d) of the Texas Family Code.
Page 3 | DIVORCE CHECKLIST FOR PRO SE LITIGANTS
If the spouse's whereabouts are unknown and there are children born of the marriage, ask the Clerk to issue citation by publication under Texas Family Code Section 6.409.
If your spouse's whereabouts are unknown and there are children born of the marriage, then you must ask the Clerk to issue citation by publication pursuant to Sec. 6.409 of the Texas Family Code.
Page 3 | DIVORCE CHECKLIST FOR PRO SE LITIGANTS
If the spouse will not sign a Waiver of Citation and their address is known, ask the Clerk to issue a citation under Texas Rule of Civil Procedure Section 99.
If your spouse will not sign a Waiver of Citation and you know their address, you must ask that the Clerk issue a citation pursuant to the Texas Rules of Civil Procedure Section 99 .
Page 3 | DIVORCE CHECKLIST FOR PRO SE LITIGANTS
If an Attorney General case concerns the children in the divorce, provide that office a file-stamped copy of the Petition for Divorce as soon as it is filed.
If you have a case with the Attorney General concerning the child(ren) in this divorce, you must give their office a file-stamped copy of the Petition For Divorce as soon as you file it.
Page 4 | DIVORCE CHECKLIST FOR PRO SE LITIGANTS
If counsel cannot secure opposing counsel's approval as to form and chooses the motion route, counsel may file a motion for entry, secure a hearing, and give notice to all opposing counsel under Rule 21a.
File a motion for entry of the proposed judgment, order or decree and secure a hearing for the same, with notice to all opposing counsel pursuant to Rule 21a, Texas Rules of Civil Procedure.
Page 9
Sealing & Redaction Procedures
When an expense request is denied in whole or in part, the request and denial must be submitted as a sealed exhibit to the record.
If the court denies in whole or in part the request for expenses, the court shall: a. State the reasons for the denial in writing; b. Attach the denial to the confidential request; and c. Submit the request and denial as a sealed exhibit to the record.
Page 19 | C. Payment of Expenses
Adjournment & Extension Requirements
A continuance or other request to change a hearing or trial setting may be granted only if all counsel consent or the nonjoining parties are notified and given an opportunity to object.
No request for a continuance, to pass, postpone or reset any trial, pre-trial or any other hearing shall be granted unless counsel for all parties consent or, unless all parties not joining in such a request have been notified and have had an opportunity to object.
Page 3 | RULE 1.2 A. Consent or Notice Required
A continuance motion must be filed under the applicable cited procedure unless all counsel consent in writing and the Court approves the request; a noncompliant motion will be denied without prejudice.
Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as amended, or Article 29.01, Texas Code of Criminal Procedure, as applicable, and the motion must be accompanied by an order setting motion for hearing. Any motion that does not meet these requirements will be denied without prejudice to the right to refile.
Page 3 | RULE 1.2 B. Contents of Motion
If an attorney files a vacation notice after a trial or pre-trial setting has been set, the attorney must move for a continuance and seek court permission to reschedule.
Should ·an attorney .file a notice of vacation after the date·a case has·been set for trial qr pre-trial matt~, it is the respom,ibility of ~at attorney to file a motion for continuance seeking leave of court to reschedule said setting.·
Page 5 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
Chambers Communication Rules
An attorney with conflicting trial settings must notify the affected courts immediately upon learning of the conflict.
Whenever an attorney has two or more cases on trial dockets for trial at the same time, it shall be the duty of the attorney to bring the matter to the attention of the courts concerned immediately upon learning of the conflicting settings.
Page 4 | RULE 1.3 A. Duty of Counsel to Notify Court
If you must cancel a hearing or will be late, contact the Court Coordinator as soon as possible.
If, for any reason, yoti:have to cancel a hearing, or if you are running iate to a . scheduled hearing, please contact the Court_Coordinator as soon as possible.
Page 5 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
When a case is being set for trial, attorneys practicing in the specified courts must advise the Court of any scheduled vacation dates.
Any·attomey practicinif in the 454th Judicial DistricfCourt,. imd the Medina County Court at Law, will,. at the time a case.is being set for trial, advise the Court as to any scheduled vacation dates.
Page 5 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
Hearings requiring a record in the Medina County Court at Law may not be held by telephone.
Hearings r~quiring a record in the Medi;na County Court a Law may not be conducted telephonically.
Page 5 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
Attorneys practicing in the specified courts must maintain an operational fax machine and answering machine around the clock and provide their numbers to the Courts, court clerks, and opposing counsel.
Any attorney practicing in the 454th Judici8:1 District Court, and the Medina County Court it µw, if applicable, shall have access to a fax machine and answering machine·that will b~ operative 24 hours a day, seven days a wee~. Said numbers shall be provided to the Courts; the Clerks of the Court, and all opposing counsel.
Page 5 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
To request a docket control conference by telephone, contact the Court Coordinator; all parties must agree on the hearing date, time, and responsibility for payment.
To request a hearing through Court <;all, please contact the Court Coordinator. All parties must agree as-to the hearing date, time and as to the responsibility for payment.
Page 6 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
Court communications faxed to the provided numbers are deemed received, including documents filed with the clerks using E-File.
All communications : between th~ Courts and attorney sent via fax to the numbers provided shall be deemed received. This will include documents filed with the clerks using E-File.
Page 6 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
Counsel who wants court dockets transmitted electronically before settings must provide an email address and contact information to the appropriate Court Coordinator.
If counsel wishes· fo be sent electronically transmitted copies of court dockets prior to court settings, counsel must provide his/her email.a~dress and -contact information·to the aj>propriate Court Coordinator.
Page 6 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
Defense counsel must notify the Court Coordinator of any need for a court interpreter before a scheduled plea hearing.
It is the responsibility of defense counsel to advise the Court of the need for a court interpreter, by notifying the Court Coordinator, prior to any scheduled plea hearing.
Page 9 | RULE 3.2 DISTRICT COURT-SCHEDULING OF PLEAS
Appointed counsel must notify the court within 72 hours after receiving the appointment.
Notify the court within 72 hours of the receipt of appointment;
Page 11 | E. Duties of Appointed Counsel
Telephone conference hearings are accepted and encouraged; to request one in District Court, contact the District Court Coordinator, and all parties must agree on the date, time, and responsibility for payment.
Hearings conducted by telephone conference call are acceptable and · encouraged by the Court. To request a hearing in the District Court through Court Call, please contact the District Court Coordinator. All p~es ~µst agr~ ~ -to the hearing d~t~ and tiµie and to the as re$ponsibility for payment.
Page 5 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
After completing all checklist requirements, call the 454th District Court at (830) 278-3913 to schedule the final divorce hearing.
Only after you have completed a ll of the above should you call the 454TH District Court at (830) 278-3913 to schedule a Court date for the final divorce hearing.
Page 4 | DIVORCE CHECKLIST FOR PRO SE LITIGANTS
When setting or resetting a case, the Court requests that you contact the appropriate court administrator or coordinator for dates, or consult the online calendar.
When setting or :resetting a case for trial, pre-trial hearing, etc., please contact the District Court Administrator in Medina County or the Medina County·Court at Paw Coordinator, as:applicab1~, for available dat~~or you may view the Court's Calendar online under the District Court.and County Court at Law tab of the Medin~ ·County.website (www .medinacountytexas.org) :·
Page 5 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
When setting or resetting a case, the Court requests that you advise the Court Coordinator of the estimated hearing time.
When setting or resetting a case for trial, pre-trial, etc., please advise the Court Coordinator as to the ~timated time·you _will need for the hearing.
Page 5 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
Counsel who wants court dockets sent electronically before court settings may provide an email address and contact information to the appropriate Court Coordinator.
If counsel wishes to be sent electronically transmitted copies of court dockets prior to court settings, counsel may provide his/her email address and contact information to the appropriate Court Coor4inator.
Page 10 | RULE 3.3 ALL COURTS-DUTIES OF COURT APPOINTED COUNSEL
Contacting the court may be done by fax, email, phone, or personal visit.
Contacting the court may be by fax, email, phone or personal visit.
Page 14 | Prompt Appointment of Counsel