Medina County Court at Law Document Filing Requirements

CRITICAL

Applies to

Certificate

Each year, attorneys on the appointment list must file a CLE completion certificate or documentation of juvenile-law specialist certification with the court administration office.

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.

CRITICAL

Applies to

Parenting class

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.

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.

CRITICAL

Applies to

Arraignment waiver

A waiver of arraignment is required in felony proceedings.

A waiver of arraignment is required and shall bel filed by the attorney of record within five days of appointment or notice of appearance.

CRITICAL

Applies to

Written notification

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.

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.

CRITICAL

Applies to

Ex parte application

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.

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.

CRITICAL

Applies to

Medina county proposed property division

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.

CRITICAL

Applies to

Temporary support hearing documents

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.

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.

CRITICAL

Applies to

Order setting

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".

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".

CRITICAL

Applies to

Continuance motion

When a continuance motion is required, it must be accompanied by an order setting the motion for hearing.

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.

CRITICAL

Applies to

Request or cover letter

The request or cover letter must state that opposing counsel was contacted and is available on the requested hearing date.

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.

CRITICAL

Applies to

Waiver of service

A Waiver of Service must be signed by the Respondent before a notary and notarized after the Original Petition for Divorce is filed.

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.

CRITICAL

Applies to

Felony plea forms

Felony plea forms must be completed and sworn to before the District Clerk before a plea hearing is set.

All forms are to be filled out and sworn to before the District Clerk prior to setting a case for a plea hearing.

CRITICAL

Applies to

Original citation

Counsel must attach Appendix 1 to the original citation in divorce and parent-child relationship suits.

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.

CRITICAL

Applies to

Relevant pleadings

Provide the Court with a copy of the relevant pleadings at any contested hearing.

At any contested hearing _please provide a copy of the relevant pleadings to the Court at the_time of the hearin~.

CRITICAL

Applies to

Proposed property division

In bench trials, attorneys must submit a proposed property division to the court on the trial date.

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.

CRITICAL

Applies to

Information on suit affecting the family relationship

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.

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.

CRITICAL

Applies to

Temporary orders hearing setting request

When requesting a setting for a temporary orders hearing, counsel must state the estimated time needed to present the case.

When requesting a setting for the temporary orders_hearing; counsel shall stat~.~e estimate of time required to present the case.

CRITICAL

Applies to

Annual practice time statement

An attorney must submit the specified annual practice-time statement by October 15 through the prescribed online form to the county court administration office.

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.

CRITICAL

Applies to

Trial or pre trial setting request

When obtaining a trial date, submit an Order Setting with a Request for Setting; when obtaining a pre-trial date, submit a letter stating the agreed date.

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.

CRITICAL

Applies to

Medina county proposed property division

The parties must file the Medina County Proposed Property Division in the form identified as Appendix 3.

The parties shall file a Medina County Proposed Property Division attached as Appendix 3.

CRITICAL

Applies to

Request for advance payment

An advance-payment request must include the investigation or expert type, supporting facts, and an itemized list of anticipated expenses, as applicable.

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.

CRITICAL

Applies to

Final hearing documents

Bring a certified copy of the Attorney General order concerning the children to the final hearing.

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.

CRITICAL

Applies to

Denial

If the court denies an expense request in whole or in part, it must state its reasons in writing.

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;

CRITICAL

Applies to

Final hearing documents

If the spouse was served by posting or publication, also prepare and bring a Statement of the Evidence to the final hearing.

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.

CRITICAL

Applies to

Final divorce decree

The Final Decree of Divorce must include all elements required by Texas law.

Additionally, the Final Decree of Divorce must include all of the elements necessary under Texas law.

CRITICAL

Applies to

Final divorce decree

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)

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)

CRITICAL

Applies to

Judgment order or decree

Within 30 days after the ruling or settlement announcement, counsel must put any judgment, decree, or order in writing, send it to opposing counsel for approval as to form, and deliver it to the Court for signing.

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.

CRITICAL

Applies to

Final hearing documents

If the spouse was personally served and did not answer, sign the proposed decree, or appear in court, prepare and bring a Certificate of Last Known Address and an Affidavit of Nonmilitary Status to the final hearing.

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.

CRITICAL

Applies to

Written motion

Should additional discovery be necessary the Defendant and/or the State shall file a written motion addressing only matters not covered in this Order.

Should additional discovery be necessary the Defendant and/or the State shall file a written motion addressing only matters not covered in this Order.

CRITICALCivil cases

Applies to

Petition

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.

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.

CRITICAL

Applies to

Certificate of completion

Each party who completes the course must file a certificate of completion by the earlier of 30 days after completion or the party’s next court appearance.

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.

CRITICAL

Applies to

Fee voucher

Appointed attorneys must complete and submit a fee voucher to the court for services rendered.

An appointed attorney shall fi ll out and submit a fee voucher to the court for services rendered.

CRITICAL

Applies to

Order setting

If counsel cannot agree on a date, send the Order Setting with a letter listing the dates offered to opposing counsel and their reasons for not agreeing.

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.

CRITICAL

Applies to

Divorce case

If a child has been the subject of a prior Court order, the prior case must be transferred to the divorce Court or consolidated with the divorce case.

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).

CRITICAL

Applies to

Medina county proposed property division

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.

WARNING

Applies to

Proposed judgment

Must include

proposed order

If counsel cannot secure opposing counsel's approval as to form, counsel may submit a proposed judgment, decree, or order with a letter requesting signature if no written objection is received within ten days.

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.

INFO

Applies to

Docket control order

Counsel may avoid a hearing for entry of a docket control order by submitting a completed order signed by all parties before the scheduled conference date.

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.