Midland County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Ex parte application

When presenting an ex parte application, counsel must certify in writing that opposing counsel is absent or that one of the stated notice conditions applies.

Counsel presenting an 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: 1. Such counsel has been notified of the application and does not wish to be heard by the court thereon; or 2. 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.

CRITICAL

Applies to

Temporary hearing support filings

In contested temporary-support cases, each party must file the listed financial information and, when applicable, child-support or spousal-maintenance calculations; agreed calculations may be filed instead when the parties agree.

In contested cases in which temporary support of a spouse, a child, or both is in issue, each party shall file and provide to opposing counsel the following no later than the day of the hearing: a. A statement of monthly income and expenses in a form substantially similar to the Financial Information Statement Form, which is available on the website of the 318th Family District Court. b. Copies of that party's federal income tax returns for the two (2) calendar years prior to the temporary hearing. A party who has copies of the other party's federal income tax returns for the two (2) calendar years prior to the temporary hearing shall also file copies of those returns. c. All payroll statements, pay stubs, W-2 forms, and 1099 forms which evidence that patiy's earnings for the calendar year prior to the temporary order hearing and from January 1 of the current year through the date of the temporary hearing. d. If the case involves a child, a Proposed Child Support Calculation. If the parties are in agreement, they may instead file an Agreed Child Support Calculation. e. If a patiy is requesting spousal maintenance, a Proposed Spousal Maintenance Calculation. If the parties are in agreement, they may instead file an Agreed Spousal Maintenance Decision Calculation.

CRITICAL

Applies to

Coverage request

A request to cover a proceeding must state the case style and number, proceeding date and time, requester, requested coverage type, and equipment type and extent.

The request must state: 1. The case style and number; 2. The date and time when the proceeding is to begin; 3. The name of the requesting person or organization; 4. The type of coverage requested (e.g., televising, recording, or photographing); and 5. The type and extent of equipment to be used.

CRITICAL

Applies to

Certificate of completion

Each party completing the course must file a certificate of completion, no later than 30 days after completion or the party’s next court appearance, whichever comes first.

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 comi appearance, whichever is sooner.

CRITICAL

Applies to

Proposed judgment decree or order

Must include

proposed order

Proposed judgments, decrees, and orders must accompany the associated motion or request for relief, or be provided to the court and counsel at the start of the hearing.

Counsel shall file proposed judgments, decrees, and orders with the associated motion or other request for relief, or provide their proposed judgments, decrees, and orders to the court and counsel at the commencement of the hearing.

CRITICAL

Applies to

Proposed order

Must include

proposed order

A party may request other hearings by (i) submitting a proposed Order Setting Hearing to the Court Administrator or (ii) requesting a hearing from the Court Administrator and promptly submitting a proposed Order Setting Hearing to the Court Administrator.

A party may request other hearings by (i) submitting a proposed Order Setting Hearing to the Court Administrator or (ii) requesting a hearing from the Court Administrator and promptly submitting a proposed Order Setting Hearing to the Court Administrator.

CRITICAL

Applies to

Bankruptcy conclusion notice

The debtor's attorney must submit written notice that the bankruptcy proceeding has concluded and file a copy of the order or judgment ending it.

Within seven (7) days of the conclusion of the bankruptcy proceeding, the attorney for the debtor shall notify the court in writing that the bankruptcy proceeding has concluded and file a copy of the order or judgment concluding the bankruptcy proceeding so that the court can determine whether to reinstate its case on its active docket, dismiss that case, or seek additional information.

CRITICAL

Applies to

Setting request

Every request to set a trial, pretrial conference, or hearing must estimate the court time required.

All requests for the setting of a trial, pretrial conference, or hearing shall include an estimate of the amount of court time required for the trial, pretrial conference, or hearing.

CRITICAL

Applies to

Exhibit list

Before the proceeding, each attorney or self-represented litigant must provide an exhibit list to the court and every attorney and self-represented litigant.

An attorney or self-represented litigant shall provide a list of the attorney's or self-represented litigant's exhibits to the court and to each attorney and self-represented litigant prior to the proceeding.

CRITICAL

Applies to

Composite inventory and appraisement

The petitioner must file a Composite Inventory and Appraisement at least 14 days before the final hearing, unless the parties agree to file a jointly signed, sworn Agreed Composite Inventory and Appraisement instead.

The petitioner shall also file a Composite Inventory and Appraisement at least fourteen (14) days prior to the final hearing. If the parties are in agreement, they may instead file an Agreed Composite Inventory and Appraisement signed by the patiies under oath.

CRITICAL

Applies to

Motion and order for substitution in limited appearance

For a substitution in a limited appearance, the motion and order must state that the new attorney assumes responsibility for unfinished matters within the notice’s scope, and both attorneys must sign them.

A motion to withdraw from limited representation is governed by Rule 2.06. In addition, if an attorney is substituting in a limited appearance, the motion and order must state that the substituting attorney has assumed responsibility for all matters within the scope of the withdrawing attorney's Notice of Limited Appearance that have not been completed, and it must be signed by both the withdrawing and the substituting attorney.

CRITICAL

Applies to

Letter

An oral request to schedule a hearing must be followed by a letter to the court confirming the setting.

confirming the setting by letter addressed to the court

CRITICAL

Applies to

Motion

Must include

certificate of service, certificate of conference

filing with the court a motion requesting the setting, accompanied by a Certificate of Conference as required by Rule 4.05 and a Certificate of Service on opposing counsel

filing with the court a motion requesting the setting, accompanied by a Certificate of Conference as required by Rule 4.05 and a Certificate of Service on opposing counsel

CRITICAL

Applies to

Proposed property division

In contested property cases, each party must file a signed Proposed Property Division, unless the parties agree to file an Agreed Property Division signed by both.

In contested property cases, each party shall file (and provide a copy to opposing counsel prior to the final hearing) a Proposed Property Division signed by the patiy. If the parties are in agreement, they may instead file an Agreed Property Division signed by both parties.

CRITICAL

Applies to

Exhibits

Before the proceeding, each attorney or self-represented litigant must provide copies of their exhibits to the court and every attorney and self-represented litigant.

An attorney or self-represented litigant shall provide a copy of the attorney's or self-represented litigant's exhibits to the court and to each attorney and self-represented litigant prior to the proceeding.

CRITICAL

Applies to

Certificate of conference

If counsel conferred about the merits of a Pleading, the Certificate of Conference must state the date, participating attorneys, scope of the conference, lack of agreement, and that the Pleading is presented for determination.

If counsel conferred regarding the merits of the Pleading, the Certificate of Conference shall state the following: 1. the date of the conference; 2. the names of the attorneys who conferred; 3. that the conference included all issues raised in the Pleading; 4. that agreement could not be reached; and 5. that the Pleading is therefore presented to the comi for determination.

CRITICAL

Applies to

Notice of completion of limited service

After completing a limited appearance, the attorney must file a notice advising the court that the limited service is complete.

When the attorney has completed a limited appearance, the attorney shall file a Notice of Completion of Limited Service advising the comi that the limited service has been completed.

CRITICAL

Applies to

Motion

Parties seeking an in-chambers conference with a child must file a motion; the court decides whether to confer and schedules a time if it chooses to do so.

Paiiies who wish the court to confer with a child in chambers shall file a motion to that effect. The court shall then determine whether to confer with the child. If the comi decides to confer with the child, a time for the conference shall be scheduled.

CRITICAL

Applies to

Withdrawal motion

Each motion to withdraw must include the attorney’s certification that no court rulings remain to be reduced to writing and signed.

Each motion for withdrawal must contain the attorney's certification that there are no rulings of the court that have yet to be reduced to writing and signed by the court.

CRITICAL

Applies to

Suggestion of death

Within seven (7) days of learning of the death of a party, the party's attorney shall file a suggestion of death.

Within seven (7) days of learning of the death of a party, the party's attorney shall file a suggestion of death.

CRITICAL

Applies to

Pleading or document challenging constitutionality of texas statute

When filing a document challenging the constitutionality of a Texas statute, the filer must simultaneously file the completed Attorney General form with the Clerk and promptly hand-deliver or email a copy to the Court Administrator.

When an attorney or self-represented litigant files a pleading or other document that challenges the constitutionality of a Texas statute, the attorney or self-represented litigant must simultaneously file with the Clerk a completed copy of the form promulgated for that purpose by the Attorney General of Texas and promptly hand deliver or email a copy of that form to the Court Administrator.

CRITICAL

Applies to

Media coverage

Media coverage requires a written court order.

Media coverage is permitted only on written order of the court.

CRITICAL

Applies to

Temporary hearing summary

Each party must file a summary of the relief requested by the temporary hearing.

In all cases, each party shall file and provide to opposing counsel a summary of the relief requested no later than the day of the hearing.

CRITICAL

Applies to

Sworn inventory and appraisement

When property or debts are at issue, both parties must file a sworn inventory and appraisement at least 30 days before the final hearing.

In all cases in which the character, value, or division of property or debts is in issue, the petitioner and the respondent shall file at least thirty (30) days prior to the final hearing a Sworn Inventory and Appraisement of all separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties signed by the party under oath in a form substantially similar to one of those found on the website of the 318th Family District Court.

CRITICAL

Applies to

Judgment decree or order

Counsel must put judgments, decrees, and orders in writing, forward them to opposing counsel for approval as to form, and deliver them to the court for signing.

Within thhiy (30) days after rendition, announcement of the court's ruling, or announcement of settlement by counsel, counsel shall cause all judgments, 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.

CRITICAL

Applies to

Pleading

Must include

certificate of conference

A hearing on a Pleading cannot be scheduled until a Certificate of Conference complying with the Rule has been filed.

The Comi Administrator shall not schedule a hearing on a Pleading unless a Certificate of Conference complying with this Rule has been filed.

CRITICAL

Applies to

Notice of limited appearance

An attorney making a limited appearance must file a notice identifying the hearing, any covered discrete issues, and the client’s contact information; one notice may cover multiple hearings.

An attorney making a limited appearance shall file a Notice of Limited Appearance. The Notice shall state the hearing to which the limited appearance pe1iains, and, if the appearance does not extend to all issues to be considered at that hearing, the Notice shall identify the discrete issues covered by the appearance. The Notice of Limited Appearance shall also state the name, address, telephone number, and email address of the client. An attorney may file a Notice of Limited Appearance for more than one (1) hearing in a case.

CRITICAL

Applies to

Bankruptcy filing notice

The written bankruptcy-filing notice must identify the filing party and date, the bankruptcy court and case, and the debtor's attorney's contact information.

Within three (3) business days of the date of the filing, provide written notice to the court and all attorneys of the filing, including the name of the party filing for bankruptcy protection, the date of the filing, the name and address of the court in which the filing was made, tlie case number and style in the bankruptcy court, and the name, address, telephone number, and email address of the attorney for the debtor.

CRITICAL

Applies to

Withdrawal notice

When no substitute attorney will appear or the party does not consent, the withdrawing attorney must give written notice that the court will be asked to grant withdrawal no earlier than ten days after the 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 or for substitution, 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.

CRITICAL

Applies to

Proposed parenting plan

In contested child-custody cases, each party must file a Proposed Parenting Plan and deliver it to opposing counsel before the final hearing.

In contested child custody cases, each party shall file (and deliver to opposing counsel prior to the final hearing) a Proposed Parenting Plan.

CRITICAL

Applies to

Motion

Must include

proposed order, certificate of conference

A continuance or postponement motion must include a Rule 4.05 Certificate of Conference and a proposed order setting the motion for hearing.

The motion must include a Certificate of Conference that complies with Rule 4.05 and be accompanied by a proposed order setting the motion for hearing.

CRITICAL

Applies to

Certificate of conference

If counsel did not confer about the merits of a Pleading, the Certificate of Conference must describe each attempt and state that the attempts were unsuccessful and the Pleading is presented for determination.

If counsel did not confer regarding the merits of the Pleading, the Ce1iificate of Conference shall include the following: 1. the date and time of each attempt to confer; 2. the name of the attorney with whom counsel attempted to confer; 3. that the attempts to confer were unsuccessful; and 4. that the Pleading is therefore presented to the court for determination.

CRITICAL

Applies to

Pleading

Must include

certificate of conference

Each Pleading must include a Certificate of Conference signed by counsel.

Each Pleading shall include a Certificate of Conference signed by counsel as follows:

WARNING

Applies to

Motion response reply brief opposition memorandum

A motion, response, reply, brief, opposition, or memorandum of twenty or more pages must contain a table of contents.

Any motion, response, reply, brief, opposition, or memorandum that is twenty (20) or more pages long must contain a table of contents.

WARNING

Applies to

Motion response reply brief opposition memorandum

Only pages of discovery requests, responses, and deposition transcripts relevant to the filing may be attached.

Only the pages from discovery requests, discovery responses, and deposition transcripts relevant to the motion, response, reply, brief, opposition, or memorandum shall be attached to the motion, response, reply, brief, opposition, or memorandum.

WARNING

Applies to

Motion for entry of proposed judgment decree or order

If counsel cannot obtain approval as to form from all opposing counsel and self-represented litigants, counsel may file a motion for entry of the proposed judgment, decree, or order and obtain a hearing.

If counsel is unable to secure the approval as to form of all opposing counsel and self-represented litigants, counsel may: 1. File a motion for ent1y of the proposed judgment, decree, or order and secure a hearing for the same, with notice to all opposing counsel and self-represented litigants pursuant to Rule 21a, Texas Rules of Civil Procedure, as amended.

WARNING

Applies to

Letter

If counsel cannot obtain approval as to form, counsel may present the proposed judgment, decree, or order with a letter asking the court to sign it if no written objection is received from opposing counsel within ten days 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.

WARNING

Applies to

Motion response reply brief opposition memorandum

A motion, response, reply, brief, opposition, or memorandum of ten or more pages must begin with a summary of the argument.

Any motion, response, reply, brief, opposition, or memorandum that is ten (10) or more pages long must begin with a summary of the argument.

INFO

Applies to

Motion to withdraw

An attorney whose limited appearance is complete need not file a withdrawal motion in a civil case.

In a civil case, an attorney whose limited appearance has been completed as provided in paragraph d. need not file a motion to withdraw.