Medina County District Court, Texas Document Filing Requirements

CRITICALCivil cases

Applies to

Pretrial exchange materials

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.

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.

CRITICALCriminal cases

Applies to

Application

Applicants sanctioned for failure to appear before a court must attach applicable court documents; a written explanation is optional.

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.

CRITICAL

Applies to

Information on suit affecting the family relationship form

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.

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.

CRITICAL

Applies to

Certified copy of attorney general order

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

Temporary support hearing documents

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

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.

CRITICALCriminal cases

Applies to

Affidavit of indigence

The respondent must fill in all blanks on the form.

Please fill in all blanks.

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 hearing.

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.

CRITICALCriminal cases

Applies to

Application

Applicants sanctioned by the State Bar Grievance Committee must attach the committee’s decisions; a written explanation is optional.

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.

CRITICALCriminal cases

Applies to

Application

Applicants for appellate appointments must attach a copy of a brief they authored that was filed within the past five years.

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.

CRITICALCivil cases

Applies to

Pretrial materials

The proposed charge must be available for review and all exhibits must be ready to be marked at pretrial.

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

CRITICAL

Applies to

Temporary orders hearing setting request

Counsel requesting a temporary orders hearing setting must state how much time is needed to present the case.

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

CRITICALCriminal cases

Applies to

Attorney fee voucher

The attorney must document the initial jail visit.

The attorney must document the initial jail visit

CRITICALCriminal cases

Applies to

Attorney fee voucher

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.

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.

CRITICAL

Applies to

Parenting class

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.

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

Course completion certificate

A party who completes the course must file a certificate of completion by 30 days after completion or at the next court appearance, whichever is 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.

CRITICAL

Applies to

Final decree of divorce

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

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

CRITICALCriminal cases

Applies to

Application

If the applicant has admitted to providing ineffective assistance of counsel in an official proceeding, they must attach applicable documents; written explanations are optional.

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).

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.

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.

CRITICALCivil cases

Applies to

Fact witness list

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

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.

CRITICALCriminal cases

Applies to

Application

Applicants convicted or placed on deferred adjudication for a non-traffic offense must attach copies of all final orders or deferred-adjudication orders and judgments.

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.

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

Parenting class completion certificate

File the parenting-class completion certificate with the Clerk before a final divorce hearing date will be given.

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.

CRITICAL

Applies to

Continuance motion

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

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

CRITICAL

Applies to

Judgment decree or order

Within thirty days after the specified ruling or settlement event, counsel must prepare the written judgment, decree, or order, forward 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 form, and delivered to the Court for signing.

CRITICALCriminal cases

Applies to

Application

Applicants must submit their most recent annual CLE report from the State Bar.

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

CRITICAL

Applies to

Documents required in contested cases over 250000

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

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

CRITICAL

Applies to

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.

CRITICAL

Applies to

Felony plea forms

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

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

Arraignment waiver

The attorney of record must file a waiver of arraignment within five days of 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.

CRITICALCriminal cases

Applies to

Attorney application

The application must include the applicant’s latest CLE report from the State Bar.

(Attach your latest CLE report from the State Bar)

CRITICALCivil cases

Applies to

Evidentiary objection statement

The parties must provide a written statement identifying the page and line references subject to evidentiary objections and the basis for each objection.

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.

CRITICAL

Applies to

Order setting

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.

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.

CRITICALCivil cases

Applies to

Exhibit list

Each party must provide an exhibit list to the Court and Court Reporter.

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

CRITICALCriminal cases

Applies to

Application

Applicants for appellate appointments must attach a copy of a brief they authored that was filed within the last five years.

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

CRITICAL

Applies to

Order setting

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".

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".

CRITICALCriminal cases

Applies to

Application

Applicants who admitted in an official proceeding to providing ineffective assistance of counsel must attach applicable documents; a written explanation is optional.

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.

CRITICALCivil cases

Applies to

Expert witness designation

An expert witness designation must include the information listed in Rule 194.2(f).

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

CRITICAL

Applies to

Certificate of last known address

When the stated personal-service and nonresponse, unsigned-decree, or nonappearance conditions apply, prepare and bring a Certificate of Last Known Address 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

CRITICALCriminal cases

Applies to

Attorney fee voucher

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.

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:

CRITICAL

Applies to

Medina County Proposed Property Division

The parties must file the Medina County Proposed Property Division attached as Appendix 3.

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

CRITICAL

Applies to

Juror summons

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

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

CRITICAL

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.

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.

CRITICAL

Applies to

Statement of the evidence

If the spouse was served by posting or citation by publication, prepare and bring a Statement of the Evidence to the final hearing in addition to the other required documents.

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

Ex parte order application

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.

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.

CRITICALCriminal cases

Applies to

Application

If the applicant has been convicted or placed on deferred adjudication for a non-traffic offense, they must attach copies of all final orders or deferred-adjudication orders and judgments.

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).

CRITICAL

Applies to

Bench trial

In bench-tried cases, 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

Original citation

Counsel must attach Appendix 1’s Standing Order 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

Affidavit of nonmilitary status

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.

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.