Midland County District Courts Document Filing Requirements
56 rules from official source documents
Required elements, certificates, and structural requirements for court documents. This page is scoped to Midland County District Courts; use the court rules overview to switch categories without leaving this court.
- Applies to
- Court proceeding coverage order
Media coverage of a court proceeding is permitted only by written order.
Media coverage is permitted only on written order of the court.
- Applies to
- Continuance motion
- Must include
- proposed order, certificate of conference
Unless all affected attorneys and self-represented litigants consent in writing and the court approves, the request must be filed by motion under the applicable civil or criminal rule, include a Rule 4.05-compliant Certificate of Conference, and be accompanied by a proposed order setting the motion for hearing.
Unless all attorneys and self-represented litigants consent in writing to the request to pass, postpone, or reset any trial, pretrial conference, or hearing and the request 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, et seq., of the Texas Code of Criminal Procedure, as amended, as applicable. 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.
- Applies to
- Motion for withdrawal
Each motion for withdrawal must include the attorney's certification that no court rulings remain unwritten and unsigned.
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.
- Applies to
- Notice of limited appearance
An attorney making a limited appearance must file a Notice of Limited Appearance identifying the hearing, any discrete issues covered, and the client's name, address, telephone number, and email address; the 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.
- Applies to
- Notice of completion of limited service
After completing a limited appearance, the attorney must file a Notice of Completion of Limited Service 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.
- Applies to
- Motion and order to substitute attorney
A motion to substitute an attorney in a limited appearance must identify the unfinished matters assumed by the substituting attorney and be signed by both attorneys.
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.
- Applies to
- Pleading or other document challenging constitutionality of texas statute
A filing that challenges the constitutionality of a Texas statute must be accompanied by the Attorney General's completed form, filed simultaneously with the Clerk and promptly delivered or emailed 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.
- Applies to
- Exhibits
Exhibits reasonably anticipated for use at a trial, pretrial conference, or hearing must be pre-marked with the party designation, sequential numbers, and proceeding date.
Exhibits that an attorney or self-represented litigant can reasonably anticipate using at a trial, pretrial conference, or hearing shall be pre marked, utilizing party designation, sequential numbers, and the date of the proceeding.
- Applies to
- Exhibit list
Attorneys and self-represented litigants must provide an exhibit list to the court and every other participant before the proceeding.
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.
- Applies to
- Exhibits
Attorneys and self-represented litigants must provide copies of their exhibits to the court and every other participant before the proceeding.
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.
- Applies to
- Court proceeding coverage request
A person seeking to broadcast, televise, record, or photograph a court proceeding must file a coverage request containing specified information.
A person wishing to broadcast, televise, record, or photograph a court proceeding must file a request to cover the proceeding. The request must state:
- Applies to
- Court proceeding coverage
Audio or visual coverage of potential jurors and jurors in the courthouse is prohibited.
Audio and visual coverage of potential jurors and jurors in the courthouse is prohibited.
- Applies to
- Ex parte order application
Counsel must provide a written certification when presenting an application for an ex parte order.
Counsel presenting an application for an ex parte order shall, at the time the application is presented to the court, certify in writing that:
- Applies to
- Motion requesting a trial or pretrial conference setting
- Must include
- certificate of service, certificate of conference
A request for a trial or pretrial conference may be made by motion accompanied by certificates of conference and service, or by oral request followed by a confirming letter served on opposing counsel.
A party may request a setting for a trial on the merits or a pretrial conference by (i) 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 or (ii) orally requesting the court to schedule the hearing and confirming the setting by letter addressed to the court, a copy of which shall be served on opposing counsel is accordance with Rule 21a of the Texas Rules of Civil Procedure.
- Applies to
- Motion or other pleading
- Must include
- certificate of conference
Every covered Pleading must include a Certificate of Conference signed by counsel.
Each Pleading shall include a Certificate of Conference signed by counsel as follows:
- Applies to
- Certificate of conference
- Must include
- local rule certificate
When counsel conferred on the pleading's merits, the Certificate of Conference must state the conference date, attorneys involved, coverage of all issues, lack of agreement, and submission for determination.
a. 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.
- Applies to
- Certificate of conference
- Must include
- local rule certificate
When counsel did not confer on the pleading's merits, the Certificate of Conference must state the dates and times of attempted conferences, the attorney contacted, unsuccessful attempts, and submission for determination.
b. 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.
- Applies to
- Hearing on pleading
- Must include
- certificate of conference
The court administrator may not schedule a hearing on a pleading unless a compliant Certificate of Conference 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.
- Applies to
- Motion, response, reply, brief, opposition, or 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.
- Applies to
- Motion, response, reply, brief, opposition, or 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.
- Applies to
- Motion or other request for relief
- Must include
- proposed order
Counsel must file a proposed judgment, decree, or order with the associated motion or request for relief, or provide it to the court and counsel when the hearing begins.
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.
- Applies to
- Bankruptcy conclusion notice and order
Within seven days after a bankruptcy proceeding concludes, the debtor's attorney must provide written notice to the court and file the concluding order or judgment.
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.
- Applies to
- Judgment decree or order
Within 30 days after a ruling or settlement announcement, counsel must reduce judgments, decrees, and orders to writing, send them to opposing counsel for form approval, and deliver them to the court for signature.
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.
- Applies to
- Summary of relief requested
Each party must file and provide opposing counsel a summary of the requested relief no later than 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.
- Applies to
- Temporary support documents
In contested cases involving temporary spousal or child support, each party must file and provide the listed documents to opposing counsel no later than the hearing.
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:
- Applies to
- Financial information statement
A party must provide a statement of monthly income and expenses substantially similar to the court’s Financial Information Statement Form.
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.
- Applies to
- Federal income tax returns
Each party must file its federal income tax returns for the two preceding calendar years and must also file the other party's returns if the party possesses them.
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.
- Applies to
- Earnings records
Each party must file all payroll statements, pay stubs, W-2 forms, and 1099 forms evidencing the specified earnings periods.
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.
- Applies to
- Child support calculation
A case involving a child requires a Proposed Child Support Calculation, but agreeing parties may file an Agreed Child Support Calculation instead.
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.
- Applies to
- Spousal maintenance calculation
A party requesting spousal maintenance must provide a Proposed Spousal Maintenance Calculation, but agreeing parties may file an Agreed Spousal Maintenance Decision Calculation instead.
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.
- Applies to
- Sworn inventory and appraisement
When property or debts are in issue, each party 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.
- Applies to
- Composite inventory and appraisement
The petitioner must file a Composite Inventory and Appraisement at least 14 days before the final hearing.
The petitioner shall also file a Composite Inventory and Appraisement at least fourteen (14) days prior to the final hearing.
- Applies to
- Proposed property division
In contested property cases, each party must provide opposing counsel with a signed Proposed Property Division before the final hearing, unless agreeing parties 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.
- Applies to
- Proposed parenting plan
In contested child custody cases, each party must deliver a Proposed Parenting Plan 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.
- Applies to
- Certificate of completion
A party completing the course must file a certificate of completion within 30 days of completion or by 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 comi appearance, whichever is sooner.
- Applies to
- Pretrial exchange
Fourteen days before the initial trial setting, the parties must exchange deposition-testimony designations, an exhibit list, and copies of exhibits not previously produced in discovery.
Fourteen (14) days before the Initial Trial Setting, the parties shall exchange designations of deposition testimony to be offered in direct examination and a list of exhibits, including any demonstrative aids and affidavits, and shall exchange copies of any exhibits not previously produced in discovery;
- Applies to
- Order setting hearing
- Must include
- proposed order
After the parties agree on a hearing date and time, the proposed Order Setting Hearing must be e-filed with email addresses after the judge’s signature line, and all parties must be copied on the email.
Once the parties have agreed to a date and time, email the Court Coordinator with the agreed date and time and EFIlE your proposed Order Setting Hearing, including email addresses after the Judge’s Signature Line. Make sure you copy all parties on the email with the agreed setting.
- Applies to
- Motion
- Must include
- certificate of conference
Every motion, including an unagreed motion, must have an attached certificate of conference.
Regardless of a motion not agreed upon, the motion must still have an attached "certificate of conference."
- Applies to
- Order setting hearing
- Must include
- proposed order
After agreeing on a hearing date and time, email the Court Coordinator and e-file an order setting the hearing for the judge’s signature, copying all parties.
Once the parties have agreed to a date and time, email the Court Coordinator with the agreed date and time and e-file an Order Setting Hearing for Judge to sign. Make sure you copy all parties on the email with the agreed setting.
- Applies to
- Exhibit list
Before trial, provide the Court Reporter with a list of the numbered exhibits.
Prior to trial, provide a list of numbered exhibits to the Court Reporter.
- Applies to
- Pretrial materials
The parties must file the materials required by Rule 166(d)-(m) by 4 p.m. on the Thursday before the initial trial setting.
By 4 p.m. on the Thursday before the Initial Trial Setting, the parties shall file with the Court the materials stated in Rule 166(d)-(m)
- Applies to
- Pretrial materials
The parties must file an estimate of trial length, designations of deposition testimony for direct examination, and any motions in limine by 4 p.m. on the Thursday before the initial trial setting.
By 4 p.m. on the Thursday before the Initial Trial Setting, the parties shall file with the Court the materials stated in Rule 166(d)-(m), an estimate of the length of trial, designation of deposition testimony to be offered in direct examination, and any motions in limine.
- Applies to
- Court proceeding coverage request
The coverage request must be filed with the clerk and a copy delivered to the Court Administrator, all attorneys of record, and all self-represented litigants.
The request shall be filed with the Clerk, with a copy delivered to the Court Administrator, all attorneys of record, and all self-represented litigants.
- Applies to
- Proposed order setting hearing
A party requesting another hearing must either submit a proposed Order Setting Hearing to the Court Administrator or promptly submit one after requesting the hearing.
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.
- Applies to
- Proposed judgment decree or order
- Must include
- proposed order
If opposing counsel has not objected in writing within ten days after the requesting letter, a party may present the court with the proposed judgment, decree, or order and a letter requesting signature.
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.
- Applies to
- Agreed composite inventory and appraisement
Agreeing parties may file an Agreed Composite Inventory and Appraisement signed under oath instead of the separate composite inventories.
If the parties are in agreement, they may instead file an Agreed Composite Inventory and Appraisement signed by the patiies under oath.
- Applies to
- Exhibit list
Before trial, a list of numbered exhibits must be provided to the Court Reporter.
Prior to trial, provide a list of numbered exhibits to the Court Reporter.
- Applies to
- Hearing order
Every order concerning a hearing must include the style of the case.
All Orders for hearing must have the Style of the Case.
- Applies to
- Exhibit list
Before trial, provide the Court Reporter with a list of numbered exhibits.
Prior to trial, provide a list of numbered exhibits to the Court Reporter.
- Applies to
- Expert designation
Plaintiff expert designations must include each expert's name, address, and testimony topics and provide all written reports to defendants by the deadline.
Plaintiffs shall list each expert’s name, address, and topics of the witnesses’ testimony as well as provide all written reports to Defendant(s) by this date.
- Applies to
- Expert designation
Defendant expert designations must include each expert's name, address, and testimony topics and provide all written reports to plaintiffs and counter-plaintiffs by the deadline.
Defendant(s) shall list each expert’s name, address and topics of the witnesses’ testimony as well as provide all written reports to Plaintiff(s) and Counter-Plaintiff(s) by this date.
- Applies to
- Rebuttal expert designation
Rebuttal expert designations must include each expert's name, address, and testimony topics and provide all reports to opposing parties by the deadline.
Parties shall list each expert’s name, address and topics of the witnesses’ testimony as well as provide all reports to the opposing party or parties by this date.
- Applies to
- Expert challenge
An expert challenge must specifically state the reason for challenging the expert.
Any challenge to any expert must set out specifically the reason for the challenge.
- Applies to
- Answer to expert challenge
An answer to an expert challenge must identify prior trials in which the witness was recognized as an expert, including the court, cause number, case style, area of expertise, and subject.
The answer to any challenge to any expert must include previous trials in which the witness has been recognized as an expert by naming the court, the cause number, the style of the case and the area of expertise and subject on which the witness was recognized as an expert.
- Applies to
- Exhibit list
Before trial, a list of numbered exhibits must be provided to the court reporter.
Prior to trial, provide a list of numbered exhibits to the Court Reporter.
- Applies to
- Media coverage product
A product of media coverage under Rule 2.12 is not part of the official court record.
Any product of media coverage of a proceeding pursuant to this Rule shall not be considered a part of the official court record.
What must be included with order setting hearing filings in Midland County District Courts?
The rule requires proposed order. After the parties agree on a hearing date and time, the proposed Order Setting Hearing must be e-filed with email addresses after the judge’s signature line, and all parties must be copied on the email.
What must be included with motion filings in Midland County District Courts?
The rule requires certificate of conference. Every motion, including an unagreed motion, must have an attached certificate of conference.
What must be included with pretrial exchange filings in Midland County District Courts?
The rule requires exhibit list. Fourteen days before the initial trial setting, the parties must exchange deposition-testimony designations, an exhibit list, and copies of exhibits not previously produced in discovery.
What must be included with exhibit list filings in Midland County District Courts?
The rule requires exhibit list. Before trial, provide the Court Reporter with a list of the numbered exhibits.
What must be included with court proceeding coverage order filings in Midland County District Courts?
The rule identifies required filing content or certificates. Media coverage of a court proceeding is permitted only by written order.
What must be included with continuance motion filings in Midland County District Courts?
The rule requires proposed order and certificate of conference. Unless all affected attorneys and self-represented litigants consent in writing and the court approves, the request must be filed by motion under the applicable civil or criminal rule, include a Rule 4.05-compliant Certificate of Conference, and be accompanied by a proposed order setting the motion for hearing.
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Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
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Electronic Filing Rules
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Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.