Court Rules

Communication

Email
zoomhelp@txcourts.gov
Technical Issues
Phone
(830) 278-3913
Scheduling
Cases:
Filters:

Document Format Requirements2 rules

FormattingMandatoryCriminal cases

an Attorney Fee Voucher in the format approved by the Judge of the 454th Judicial District

Dist Court Atty Fee Schedule 06-07-23 · Jun 2023 · p. 1
|SectionSTANDING ORDER AND FEE SCHEDULE FOR COMPENSATION OF ATTORNEYS
FormattingImportantCriminal cases

In court, time should be itemized on 1/4 of an hour basis. Out of court time should be itemized in real time.

Document Filing Requirements60 rules

Filing RequirementsMandatoryCriminal cases

21. Attorney Certification – I, the undersigned attorney, certify that the above information is true and correct and in accordance with the laws of the State of Texas. The compensation and expenses claimed were reasonable and necessary to provide effective assistance of counsel.

Document
Attorney fee voucher
Placement
Certificate section
Filing RequirementsMandatoryCriminal cases

The attorney must document the initial jail visit

Filing RequirementsMandatoryCriminal cases

Each lawyer shall prepare a detailed statement of the nature of the services performed with the date of such performance and the actual reasonable time spent on each such date and service, and shall submit such statement with a verified voucher for approval by the trial judge:

Filing RequirementsMandatory

the motion must be accompanied by an order setting motion for hearing.

CCL Dist Court Rules 2021 · Feb 2021 · p. 3
|SectionRULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — B. Contents of Motion
Filing RequirementsMandatory

When presenting an ex parte application, counsel must provide a written certification stating either that the opposing party is unrepresented or, if represented, that opposing counsel does not wish to be heard or could not be notified despite diligent efforts and further notice efforts are impracticable.

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 permit additional efforts to give such notice.

CCL Dist Court Rules 2021 · Feb 2021 · p. 4
|SectionRULE 2.1 APPLICATION FOR EX PARTE ORDERS
Filing RequirementsMandatory

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.

CCL Dist Court Rules 2021 · Feb 2021 · p. 5
|SectionRULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
Filing RequirementsMandatory

If you cannot obtain a date that is agreeable to all counsel, send your Order Setting with a letter stating the dates that were given to opposing counsel and their reasons for not agreeing.

CCL Dist Court Rules 2021 · Feb 2021 · p. 5
|SectionRULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
Filing RequirementsMandatory

At the bottom of all Orders of Setting, please 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 propose litigants, please give their address. Do not put "a copy has been sent to all opposing counsel".

CCL Dist Court Rules 2021 · Feb 2021 · p. 5
|SectionRULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
Filing RequirementsMandatory

Submit an Order Setting to the 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.

CCL Dist Court Rules 2021 · Feb 2021 · p. 5
|SectionRULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
Filing RequirementsMandatory

At any contested hearing please provide a copy of the relevant pleadings to the Court at the time of the hearing.

CCL Dist Court Rules 2021 · Feb 2021 · p. 6
|SectionRULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
Filing RequirementsMandatory

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 form, and delivered to the Court for signing.

CCL Dist Court Rules 2021 · Feb 2021 · p. 8
|SectionRULE 2.6 ORDERS AND DECREES
Filing RequirementsMandatory

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

CCL Dist Court Rules 2021 · Feb 2021 · p. 9
|SectionRULE 3.2 DISTRICT COURT-SCHEDULING OF PLEAS
Filing RequirementsMandatory

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

CCL Dist Court Rules 2021 · Feb 2021 · p. 9
|SectionRULE 3.1 DISTRICT COURT-ARRAIGNMENT
Filing RequirementsMandatory

When requesting a setting for the temporary orders hearing, counsel shall state the estimate of time required to present the case.

CCL Dist Court Rules 2021 · Feb 2021 · p. 10
|SectionRULE 4.1 TEMPORARY HEARINGS
Filing RequirementsMandatory

In temporary support matters, each party must furnish specified earnings, income-and-expense, and tax-return documents for the stated periods.

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.

Filing RequirementsMandatory

Counsel must attach Appendix 1’s Standing Order 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.

CCL Dist Court Rules 2021 · Feb 2021 · p. 11
|SectionC. Standing Order Regarding Property and Conduct of Parties in Divorce
Filing RequirementsMandatory

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.

CCL Dist Court Rules 2021 · Feb 2021 · p. 12
|SectionD. Verification of Attendance
Filing RequirementsMandatory

In all contested cases where the value of assets in dispute exceeds $250,000, the following documents are required:

CCL Dist Court Rules 2021 · Feb 2021 · p. 12
|SectionRULE 4.3 FINAL HEARINGS
Filing RequirementsMandatory

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.

CCL Dist Court Rules 2021 · Feb 2021 · p. 12
|SectionRULE 4.3 FINAL HEARINGS
Filing RequirementsMandatory

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.

Filing RequirementsMandatory

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.

Filing RequirementsMandatory

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

Filing RequirementsMandatoryCivil cases

The designation must include the information listed in rule 194.2(f).

Dist Court Scheduling Order · p. 1
|SectionEXPERT WITNESS DESIGNATION
Filing RequirementsMandatoryCivil cases

At or before pretrial, the parties must exchange deposition designations and references, anticipated exhibit lists, edited trial video depositions, motions in limine, and proposed jury charges.

Court's wording

At or before pretrial, the parties shall exchange (a) cross-designations of page and line references of all deposition testimony, including video depositions, to be used at trial; (b) lists of exhibits that each reasonably anticipates will be offered in evidence; (c) page and line references for all deposition testimony to be offered at trial; (d) edited video depositions that will be used in trial; (e) motions in limine; and (f) proposed jury charges.

Dist Court Scheduling Order · p. 2
|SectionPRETRIAL CONFERENCE OR DOCKET CALL
Filing RequirementsMandatoryCivil cases

Please have proposed charge available for review and all exhibits ready to be marked.

Dist Court Scheduling Order · p. 2
|SectionPRETRIAL CONFERENCE OR DOCKET CALL
Filing RequirementsMandatoryCivil cases

By the date set in the order, the parties must exchange anticipated fact-witness lists divided into probable, possible, and rebuttal-only witnesses.

Court's wording

The parties will exchange lists of fact witnesses that reasonably should be anticipated to appear at trial by this date. The parties will segregate the lists into witnesses who will probably be called, witnesses who may be called and witnesses who will be called for rebuttal testimony only.

Dist Court Scheduling Order · p. 2
|SectionFACT WITNESS LISTS
Filing RequirementsMandatoryCivil cases

The parties shall also provide a written statement of page and line references to designations that are the subject of any evidentiary objections, including the basis for the objections.

Dist Court Scheduling Order · p. 2
|SectionPRETRIAL CONFERENCE OR DOCKET CALL
Filing RequirementsMandatoryCivil cases

Each party shall provide a list of Exhibits to the Court and Court Reporter.

Dist Court Scheduling Order · p. 2
|SectionPRETRIAL CONFERENCE OR DOCKET CALL
Filing RequirementsMandatory

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

Filing RequirementsMandatory

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 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 Clerk's office. Fill out the form according to the instructions and either file it with the Clerk's office, or bring the form with you to Court for the final divorce hearing.

CCL Dist Court Standing Order 2021 · Mar 2021 · p. 3
|SectionDIVORCE CHECKLIST FOR PRO SE LITIGANTS
Filing RequirementsMandatory

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.

CCL Dist Court Standing Order 2021 · Mar 2021 · p. 3
|SectionDIVORCE CHECKLIST FOR PRO SE LITIGANTS
Filing RequirementsMandatory

If the marriage has children under 18 and the divorce is contested, 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.

CCL Dist Court Standing Order 2021 · Mar 2021 · p. 3
|SectionDIVORCE CHECKLIST FOR PRO SE LITIGANTS
Filing RequirementsMandatory

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

CCL Dist Court Standing Order 2021 · Mar 2021 · p. 3
|SectionDIVORCE CHECKLIST FOR PRO SE LITIGANTS
Filing RequirementsMandatory

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 divorce hearing.

CCL Dist Court Standing Order 2021 · Mar 2021 · p. 3
|SectionDIVORCE CHECKLIST FOR PRO SE LITIGANTS
Filing RequirementsMandatory

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

CCL Dist Court Standing Order 2021 · Mar 2021 · p. 3
|SectionDIVORCE CHECKLIST FOR PRO SE LITIGANTS
Filing RequirementsMandatory

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.

CCL Dist Court Standing Order 2021 · Mar 2021 · p. 4
|SectionDIVORCE CHECKLIST FOR PRO SE LITIGANTS
Filing RequirementsMandatory

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.

CCL Dist Court Standing Order 2021 · Mar 2021 · p. 4
|SectionDIVORCE CHECKLIST FOR PRO SE LITIGANTS
Filing RequirementsMandatory

When the stated personal-service and nonresponse, unsigned-decree, or nonappearance conditions apply, prepare and bring an Affidavit of Nonmilitary Status to the final hearing.

Court's wording

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.

CCL Dist Court Standing Order 2021 · Mar 2021 · p. 4
|SectionDIVORCE CHECKLIST FOR PRO SE LITIGANTS
Filing RequirementsMandatoryCriminal cases

Please fill in all blanks.

Include

  • Please fill in all blanks
Dist Court CPS-Affidavit · Nov 2006 · p. 1
|SectionAffidavit of Indigence
Filing RequirementsMandatoryCriminal cases

All information must be completed by the respondent and must be current, accurate, and true.

Dist Court CPS-Affidavit · Nov 2006 · p. 1
|SectionAffidavit of Indigence
Filing RequirementsMandatoryCriminal cases

(Attach your latest CLE report from the State Bar)

atty app appt · p. 2
|SectionII. LICENSE AND CLE BACKGROUND
Filing RequirementsMandatoryCriminal cases

Have you ever admitted, in connection with an official proceeding, to having provided ineffective assistance of counsel?(If so, explain by attaching any applicable documents YES NO and, if desired, any written explanations).

atty app appt · p. 5
|SectionV. ETHICS AND PRIOR SANCTION HISTORY DISCLOSURE
Filing RequirementsMandatoryCriminal cases

NOTE: If you are applying for appellate appointments, attach a copy of a brief authored by you filed within the last five years.

atty app appt · p. 5
|SectionV. ETHICS AND PRIOR SANCTION HISTORY DISCLOSURE
Filing RequirementsMandatoryCriminal cases

Have you ever been convicted or placed on deferred Adjudication for any offense other than traffic? (If yes, attach YES NO copies of all final orders {or those deferring adjudication} and judgments).

atty app appt · p. 5
|SectionV. ETHICS AND PRIOR SANCTION HISTORY DISCLOSURE
Filing RequirementsMandatoryCriminal cases

Have you ever been sanctioned for failure to appear before a court? (If so, attach any applicable court documents and, if YES NO desired, any written explanations).

atty app appt · p. 5
|SectionV. ETHICS AND PRIOR SANCTION HISTORY DISCLOSURE
Filing RequirementsMandatoryCriminal cases

3. If you have ever been sanctioned for failure to appear before a court, attach any applicable court documents and, if desired, a written explanation.

atty app appt · p. 6
|SectionREQUIRED ATTACHMENTS
Filing RequirementsMandatoryCriminal cases

2. If you have ever been sanctioned by the State Bar Grievance Committee, attach the decision(s) by the committee and, if desired, a written explanation.

atty app appt · p. 6
|SectionREQUIRED ATTACHMENTS
Filing RequirementsMandatoryCriminal cases

6. If you are applying for appellate appointments, attach a copy of a brief you have authored and which was filed within the past five (5) years.

atty app appt · p. 6
|SectionREQUIRED ATTACHMENTS
Filing RequirementsMandatoryCriminal cases

5. If you have ever been convicted or placed on deferred adjudication for any offense other than traffic, attach copies of all final orders (or those deferring adjudication) and judgments.

atty app appt · p. 6
|SectionREQUIRED ATTACHMENTS
Filing RequirementsMandatoryCriminal cases

1. Your most recent annual CLE report from the State Bar.

atty app appt · p. 6
|SectionREQUIRED ATTACHMENTS
Filing RequirementsMandatoryCriminal cases

4. If you have ever admitted, in connection with an official proceeding, to having provided ineffective assistance of counsel, attach any applicable documents and, if desired, a written explanation.

atty app appt · p. 6
|SectionREQUIRED ATTACHMENTS
Filing RequirementsMandatory

Juror summonses must include information about health and safety precautions and COVID questionnaires about prospective jurors’ exposure or vulnerability.

Court's wording

Courts must include with juror summonses information on precautions that have been taken to protect the health and safety of prospective jurors and COVID questionnaires that elicit from prospective jurors information about their exposure or vulnerability to COVID-19.16

Filing RequirementsImportant

If counsel does not wish to have a hearing for entry of a docket 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.

CCL Dist Court Rules 2021 · Feb 2021 · p. 6
|SectionRULE 2.2 PRE-TRIAL AND TRIAL SETTINGS
Filing RequirementsImportant

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.

Filing RequirementsImportant

Personal appearance for arraignment will only be allowed upon request by the defendant.

CCL Dist Court Rules 2021 · Feb 2021 · p. 9
|SectionRULE 3.1 DISTRICT COURT-ARRAIGNMENT
Filing RequirementsImportant

2. Each judge will include information on orders setting hearings, dockets notices, and in other communications notifying individuals who are in vulnerable populations of the ability to contact the court to identify themselves as a vulnerable individual and receive accommodations.

COVID-19 Court Plan · May 2020 · p. 2
|SectionVulnerable Populations
Filing RequirementsImportantCriminal cases

If you do not know the information being asked, enter DO NOT KNOW in the blank.

Dist Court CPS-Affidavit · Nov 2006 · p. 1
|SectionAffidavit of Indigence
Filing RequirementsImportantCriminal cases

If the information being asked does not apply to you, enter N/A in the blank.

Dist Court CPS-Affidavit · Nov 2006 · p. 1
|SectionAffidavit of Indigence
Filing RequirementsImportant

Judges should include with notices of court settings information for vulnerable individuals or those who live with or are caregivers for vulnerable individuals setting out how those individuals can request accommodations to reduce the appearance of those individuals at the courthouse.

Filing RequirementsNoteCriminal cases

Please attach any other information that would qualify you for appointments in specialized areas

atty app appt · p. 6
|SectionREQUIRED ATTACHMENTS

Filing & Service rules

Electronic Filing Rules

The completed attorney fee voucher must be submitted online through the TechShare Indigent Defense Online system.

submit his/her completed attorney fee voucher online through the TechShare Indigent Defense Online system.

Criminal cases

Page 1 | FLAT FEE

Filing Timing and Cure Windows

on the date of disposition of a case by plea or bench trial;

on the date of disposition of a case by plea or bench trial;

Criminal cases

Page 2 | HOURLY RATE

For an appeal, the detailed statement and verified voucher must be submitted within 15 days of the mandate being returned.

or within 15 days of the date the mandate being returned in an appeal.

Criminal cases

Page 2 | HOURLY RATE

For a jury trial, the detailed statement and verified voucher must be submitted within 15 days of the verdict.

or within 15 days of the date of verdict in a jury trial;

Criminal cases

Page 2 | HOURLY RATE

The Court may be asked to sign an order granting withdrawal no earlier than ten days after the client is notified.

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

Counsel must complete the writing, circulation, and delivery of judgments, decrees, or orders within thirty days after the specified 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 form, and delivered to the Court for signing.

Page 8 | RULE 2.6 ORDERS AND DECREES

The attorney of record must file the arraignment waiver within five days after appointment or notice of appearance.

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

Page 9 | RULE 3.1 DISTRICT COURT-ARRAIGNMENT

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.

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

The certificate of completion is due within 30 days after course completion or at the 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

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

For Level Three discovery, discovery must be completed by the date set in the order.

LEVEL THREE – (Rule 190.4) discovery shall be completed by this date.

Civil cases

Page 1 | DISCOVERY DEADLINES

For Level One discovery, discovery must be completed 30 days before trial.

LEVEL ONE – (Rule 190.2) discovery shall be completed 30 days before the date set for trial.

Civil cases

Page 1 | DISCOVERY DEADLINES

For Level Two discovery, discovery is due at the earlier of 30 days before trial or nine months after the earlier of the first oral deposition or the first written-discovery response due date.

LEVEL TWO – (Rule 190.3) discovery shall be completed the earlier of 30 days before the date set for trial, or 9 months after the earlier of the date of the first oral deposition or the due date of the first response to written discovery.

Civil cases

Page 1 | DISCOVERY DEADLINES

Expert witness designations must be served by their applicable dates.

Expert witness designations are required and must be served by the following dates.

Civil cases

Page 1 | EXPERT WITNESS DESIGNATION

In a divorce of S.A.P.C.R., discovery must be completed 30 days before trial.

If a divorce of S.A.P.C.R., discovery shall be completed 30 days before the date set for trial.

Civil cases

Page 1 | DISCOVERY DEADLINES

Robinson/Daubert challenges must be filed and heard by the date set in the order.

ROBINSON/DAUBERT CHALLENGES are to be filed and heard by this date.

Civil cases

Page 1 | ROBINSON/DAUBERT CHALLENGES

All parties must be added and served by the date set in the order.

All parties musts be added and served, whether by amendment or third party practice, by this date.

Civil cases

Page 1 | JOINDER

Plaintiffs must amend or supplement their pleadings by the date set in the order.

Plaintiff(s) to amend and/or supplement pleadings by this date.

Civil cases

Page 2 | PLEADINGS

Defendants must amend or supplement their pleadings by the date set in the order.

Defendant(s) to amend and/or supplement pleadings by this date.

Civil cases

Page 2 | PLEADINGS

Court-ordered mediation must be completed by the date set in the order.

Mediation conducted pursuant to Court Order must be completed by this date.

Civil cases

Page 2 | MEDIATION

The parties must exchange anticipated fact-witness lists by the date set in the order.

The parties will exchange lists of fact witnesses that reasonably should be anticipated to appear at trial by this date.

Civil cases

Page 2 | FACT WITNESS LISTS

All necessary divorce paperwork, including the Final Decree of Divorce, must be filed with the Clerk before a final hearing date will be given.

You must have filed all necessary paperwork (including a Final Decree of Divorce) with the Clerk's office before you will be given a Court date for the final divorce hearing.

Page 3 | DIVORCE CHECKLIST FOR PRO SE LITIGANTS

A divorce cannot be obtained until 60 days have elapsed from filing the lawsuit, unless the stated 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

Upon failure to furnish the Court with a judgment, order or decree disposing of the case within thirty (30) day period, the Court may place the case on the next regularly scheduled dismissal docket, whereupon the case may be dismissed and costs may be taxed at the Court's discretion.

Upon failure to furnish the Court with a judgment, order or decree disposing of the case within thirty (30) day period, the Court may place the case on the next regularly scheduled dismissal docket, whereupon the case may be dismissed and costs may be taxed at the Court's discretion.

Page 8 | RULE 2.6 ORDERS AND DECREES

Service and Proof of Service Rules

The withdrawing attorney must notify the client in writing by certified mail, return receipt requested.

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

Counsel must forward the written judgment, decree, or order to opposing counsel for approval as to form.

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 form, and delivered to the Court for signing.

Page 8 | RULE 2.6 ORDERS AND DECREES

A party submitting a proposed judgment for signature must serve the judgment and 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

A copy of the temporary-support documents must be provided to opposing counsel and the court at the hearing.

A copy of these documents shall be provided to opposing counsel and to the court at the time of the hearing.

Page 11 | F. Documents Required

The party seeking affirmative relief must serve the relevant matter 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

serve a copy of the same on the Petitioner not less than seven (15) days prior to trial.

serve a copy of the same on the Petitioner not less than seven (15) days prior to trial.

Page 13

The party causing joinder must provide a copy of the scheduling order when service occurs.

THE PARTY CAUSING THE JOINDER SHALL PROVIDE A COPY OF THIS SCHEDULING ORDER AT THE TIME OF SERVICE.

Civil cases

Page 1 | JOINDER

Expert witness designations must be served by the applicable dates.

Expert witness designations are required and must be served by the following dates. The designation must include the information listed in rule 194.2(f).

Civil cases

Page 1 | EXPERT WITNESS DESIGNATION

All parties must be added and served by the date set in the order.

All parties musts be added and served, whether by amendment or third party practice, by this date.

Civil cases

Page 1 | JOINDER

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 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 Attorney General has a case concerning the children, 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 obtain all opposing counsel's approval as to form, counsel may move for entry and a hearing, with notice to 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

Pre-Motion Conference Requirements

If opposing counsel objects in writing within the stated period, the proponent must schedule a hearing for entry under subdivision 1.

If the Court receives written objection from opposing counsel within the stated time, the proponent of the judgment, decree or order shall schedule a hearing for entry of the same pursuant to subdivision 1 of this rule.

Page 9

Adjournment & Extension Requirements

Unless all parties' counsel consent in writing and the Court approves the request, a continuance motion must comply with the applicable Texas civil or criminal procedure rule and include an order setting the motion for hearing; a noncompliant motion will be denied without prejudice to refiling.

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 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — B. Contents of Motion

A request to continue, pass, postpone, or reset a trial or hearing may be granted only if all parties' 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 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — A. Consent or Notice Required

An attorney who files a vacation notice after a trial or pre-trial setting must file a motion for continuance seeking leave to reschedule.

Should an attorney file a notice of vacation after the date a case has been set for trial or pre-trial matters, it is the responsibility of that 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

Counsel may extend discovery beyond the deadline by written agreement, but the extension cannot delay trial without Court approval.

Counsel may by written agreement continue discovery beyond this deadline. Such continued discovery, however, will not delay the trial date without the Court’s approval.

Civil cases

Page 1 | DISCOVERY DEADLINES

Chambers Communication Rules

An attorney must immediately notify the courts concerned upon learning that two or more of the attorney's cases are set for trial at the same time.

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 CONFLICT IN TRIAL SETTINGS — A. Duty of Counsel to Notify Court

When a case is being set for trial, attorneys practicing in the identified courts must advise the Court of any scheduled vacation dates.

Any attorney practicing in the 454th Judicial District Court, and 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

To request a District Court hearing through Court Call, contact the District Court Coordinator; all parties must agree on the hearing date, time, and payment responsibility.

To request a hearing in the District Court through Court Call, please contact the District Court Coordinator. All parties must agree as to the hearing date and time and as to the responsibility for payment.

Page 5 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS

Attorneys practicing in the identified courts must maintain access to an operative fax machine and answering machine at all times and provide the numbers to the Courts, Court Clerks, and opposing counsel.

Any attorney practicing in the 454th Judicial District Court, and the Medina County Court at Law, shall have access to a fax machine and answering machine that will be operative 24 hours a day, seven days a week. 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

Contact the Court Coordinator as soon as possible if a hearing must be canceled or counsel will be late.

If, for any reason, you have to cancel a hearing, or if you are running late to a scheduled hearing, please contact the Court Coordinator as soon as possible.

Page 5 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS

A hearing requiring a record in the Medina County Court at Law may not be conducted by telephone.

Hearings requiring a record in the Medina County Court a Law may not be conducted telephonically.

Page 5 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS

Communications sent by fax to the provided numbers are deemed received, including documents filed with the clerks using E-File.

All communications between the 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

Defense counsel must notify the Court Coordinator before a scheduled plea hearing if a court interpreter is needed.

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

After completing the checklist requirements, call the 454TH District Court to schedule the final divorce hearing.

Only after you have completed all 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 trial or pre-trial matter, 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 estimated time you will need for the hearing.

Page 5 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS

When setting or resetting a trial or pre-trial hearing, contact the applicable court administrator or coordinator for dates, or view the Court’s 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 Law Coordinator, as applicable, for available dates, or you may view the Court's Calendar online under the District Court and County Court at Law tab of the Medina County website (www.medinacountytexas.org).

Page 5 | 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 to be sent electronically transmitted copies of court dockets prior to court settings, counsel must provide his/her email address and contact information to the appropriate Court Coordinator.

Page 6 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS

Upon Court approval, the docket control conference may be held by telephone conference call. To request a hearing through Court Call, please contact the Court Coordinator. All parties must agree as to the hearing date, time and as to the responsibility for payment.

Upon Court approval, the docket control conference may be held by telephone conference call. To request a hearing through Court Call, 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

Telephone conference hearings are acceptable and encouraged by the Court.

Hearings conducted by telephone conference call are acceptable and encouraged by the Court.

Page 5 | RULE 2.2 PRE-TRIAL AND TRIAL SETTINGS

Counsel who wants electronically transmitted docket copies 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 Coordinator.

Page 10 | RULE 3.3 ALL COURTS-DUTIES OF COURT APPOINTED COUNSEL

Courts needing technical assistance with remote proceedings may contact the Office of Court Administration by email.

Courts who need technical assistance with remote proceedings may contact the Office of Court Administration at zoomhelp@txcourts.gov.

Page 3 | Courts should continue to use all reasonable efforts to conduct proceedings remotely

About Judge Daniel J. Kindred

Judge Daniel J. Kindred serves as the 454th Judicial District Court Judge for Medina County, Texas. The court operates from the Courthouse Annex, 1300 Avenue M, Room 242, Hondo, Texas 78861. Phone: (830) 444-2907. Fax: (830) 741-6015.

Courthouse Annex 1300 Avenue M Room 242 Hondo, Texas 78861 Phone: (830) 444-2907 Fax: (830) 741-6015

Common questions about Judge Daniel J. Kindred's rules

Does Judge Daniel J. Kindred require a pre-motion conference or letter before filing a motion?

If opposing counsel objects in writing within the stated period, the proponent must schedule a hearing for entry under subdivision 1.

View ruleSource: page 9

What formatting rules apply to filings before Judge Daniel J. Kindred?

Judge Daniel J. Kindred's formatting rule includes the attorney fee voucher must be in the format approved by the judge of the 454th judicial district.. An Attorney Fee Voucher must use the format approved by the Judge.

View ruleSource: page 1, section STANDING ORDER AND FEE SCHEDULE FOR COMPENSATION OF ATTORNEYS

What must be included with attorney fee voucher filings before Judge Daniel J. Kindred?

The attorney fee voucher includes an attorney certification that the information is true and correct and that the claimed compensation and expenses were reasonable and necessary.

View ruleSource: page 1, section Attorney Certification

What must be included with continuance motion filings before Judge Daniel J. Kindred?

A continuance motion must be accompanied by an order setting the motion for hearing.

View ruleSource: page 3, section RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — B. Contents of Motion

How may parties contact Judge Daniel J. Kindred's chambers?

An attorney must immediately notify the courts concerned upon learning that two or more of the attorney's cases are set for trial at the same time.

View ruleSource: page 4, section RULE 1.3 CONFLICT IN TRIAL SETTINGS — A. Duty of Counsel to Notify Court

How do I request an adjournment or extension before Judge Daniel J. Kindred?

A request to continue, pass, postpone, or reset a trial or hearing may be granted only if all parties' counsel consent or the nonjoining parties are notified and given an opportunity to object.

View ruleSource: page 3, section RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — A. Consent or Notice Required

Is electronic filing required before Judge Daniel J. Kindred?

Yes. Electronic filing is required for the covered filings. The completed attorney fee voucher must be submitted online through the TechShare Indigent Defense Online system.

View ruleSource: page 1, section FLAT FEE

What filing deadlines does Judge Daniel J. Kindred set?

on the date of disposition of a case by plea or bench trial;

View ruleSource: page 2, section HOURLY RATE

What rule applies to service for withdrawal notice before Judge Daniel J. Kindred?

Details: method: service by mail. The withdrawing attorney must notify the client in writing by certified mail, return receipt requested.

View ruleSource: page 7
Complete rules summary for Judge Daniel J. Kindred

The attorney fee voucher includes an attorney certification that the information is true and correct and that the claimed compensation and expenses were reasonable and necessary.

An Attorney Fee Voucher must use the format approved by the Judge.

The attorney must document the initial jail visit.

The completed attorney fee voucher must be submitted online through the TechShare Indigent Defense Online system.

Each lawyer must submit a detailed services statement with the service dates and actual reasonable time spent, together with a verified voucher, for the trial judge's approval.

In court, time should be itemized on 1/4 of an hour basis. Out of court time should be itemized in real time.

on the date of disposition of a case by plea or bench trial;

For a jury trial, the detailed statement and verified voucher must be submitted within 15 days of the verdict.

For an appeal, the detailed statement and verified voucher must be submitted within 15 days of the mandate being returned.

A request to continue, pass, postpone, or reset a trial or hearing may be granted only if all parties' counsel consent or the nonjoining parties are notified and given an opportunity to object.

Unless all parties' counsel consent in writing and the Court approves the request, a continuance motion must comply with the applicable Texas civil or criminal procedure rule and include an order setting the motion for hearing; a noncompliant motion will be denied without prejudice to refiling.

A continuance motion must be accompanied by an order setting the motion for hearing.

An attorney must immediately notify the courts concerned upon learning that two or more of the attorney's cases are set for trial at the same time.

When presenting an ex parte application, counsel must provide a written certification stating either that the opposing party is unrepresented or, if represented, that opposing counsel does not wish to be heard or could not be notified despite diligent efforts and further notice efforts are impracticable.

When setting or resetting a trial or pre-trial hearing, contact the applicable court administrator or coordinator for dates, or view the Court’s online calendar.

Submit an Order Setting to the 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.

At the bottom of all Orders of Setting, please 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 propose litigants, please give their address. Do not put "a copy has been sent to all opposing counsel".

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

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

When setting or resetting a trial or pre-trial matter, advise the Court Coordinator of the estimated hearing time.

Contact the Court Coordinator as soon as possible if a hearing must be canceled or counsel will be late.

Telephone conference hearings are acceptable and encouraged by the Court.

To request a District Court hearing through Court Call, contact the District Court Coordinator; all parties must agree on the hearing date, time, and payment responsibility.

A hearing requiring a record in the Medina County Court at Law may not be conducted by telephone.

When a case is being set for trial, attorneys practicing in the identified courts must advise the Court of any scheduled vacation dates.

An attorney who files a vacation notice after a trial or pre-trial setting must file a motion for continuance seeking leave to reschedule.

Attorneys practicing in the identified courts must maintain access to an operative fax machine and answering machine at all times and provide the numbers to the Courts, Court Clerks, and opposing counsel.

Communications sent by fax to the provided numbers are deemed received, including documents filed with the clerks using E-File.

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

Counsel who wants court dockets transmitted electronically before settings must provide an email address and contact information to the appropriate Court Coordinator.