Montague County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Setting request

A setting request must identify the proceeding and its estimated duration, disclose unresolved discovery or pretrial matters, and certify delivery of a copy to opposing counsel and pro se parties.

Requests for settings shall be made in writing and timely delivered to the District Court Coordinator and to opposing counsel or pro se parties. The request shall: (a) Advise that the case is either a hearing, a non-jury trial or a jury trial and state the estimated time of the entire hearing, non-jury trial or jury trial; (b) Advise which, if any, discovery and other pretrial matters remain unresolved; and (c) Certify that a copy of the request has been delivered to all opposing counsel and pro se parties.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Every motion must include the filing party's certificate that efforts to resolve the dispute without court intervention were attempted and failed, and a motion without it cannot be set for hearing until the certificate is filed.

(a) All motions shall contain a certificate by the party filing the same that efforts to resolve the dispute without Court intervention have been attempted and failed. (b) Any motion omitting such certificate shall not be set for hearing until such certification has been filed.

CRITICAL

Applies to

Ready announcement

A civil ready announcement must state that the announcing party made a rejected bona fide settlement offer and attempted all reasonable settlement efforts.

(I) In a civil case, a statement that the announcing party has made a bona fide offer of settlement that has been rejected and that all reasonable efforts to settle have been attempted,

CRITICAL

Applies to

Ready announcement

A ready announcement must estimate the time required for trial.

(ii) An estimate of the time required for trial,

CRITICAL

Applies to

Ready announcement

A ready announcement must state that all pretrial matters are resolved and all pretrial orders and Local Rules have been complied with.

(iii) A statement that all pretrial matters have been disposed of and that all pretrial orders and the Local Rules have been complied with.

CRITICAL

Applies to

Ready announcement

A ready announcement must certify that its signer is the attorney in charge and that its information is true.

(iv) A certificate that the person signing the announcement is the attorney in charge of the case and that the information set out therein is true.

CRITICAL

Applies to

Request for appointment of counsel

The court will not consider a defendant’s request for appointment of an attorney unless the indigency and appointment-of-counsel forms are fully completed.

Full completion of these forms shall be an absolute requirement before a request for appointment of an attorney by a defendant will be considered by the Court.

CRITICAL

Applies to

Plea papers

Except for plea papers that must be signed in open court, all plea papers must be completed and sworn to before counsel and the defendant appear before the bench or within the bar.

(c) All plea papers, except those actually required to be signed before the Judge in open court, shall be fully completed and sworn to prior to the appearance of counsel and the Defendant before the bench or within the bar of the court.

CRITICAL

Applies to

Plea bargain order

The Court may permit a plea bargain with sentencing at a later date only if it enters a written order stating the defendant’s reappearance date and the specific plea-bargain terms.

(e) The Court may, at its discretion, permit the entry of a guilty plea pursuant to a plea bargain agreement which provides that the defendant will appear at a later date for sentencing, but only in those instances where the Court enters a written order setting for the specific date for re-appearance by the Defendant and the specific terms of the plea bargain.

CRITICAL

Applies to

Jury trial readiness announcement

Counsel must provide written ready-or-not-ready announcements to the District Court Coordinator at least 10 days before the jury term begins, including an estimate of trial time.

(a) All counsel shall file announcements of "ready" or "not ready" shall be received by the District Court Coordinator in writing at least ten (10) days prior to the first day of jury term, according to the requirements of Local Rule 4.7(h); announcements shall also state an estimate of the time required to try the case.

CRITICAL

Applies to

Motion for continuance

A not-ready announcement must be made through a properly formed, detailed motion for continuance explaining why the case is not ready; an improper announcement is treated as ready.

(b) Announcements of "not ready" shall be made in a detailed Motion for Continuance in proper form, containing a detailed explanation of why the case is not ready for trial. Failure to announce properly will be considered an announcement of "ready" by the Court.

CRITICAL

Applies to

Agreed scheduling order

An agreed scheduling order must include the stated familiarity and compliance statements and be filed before the scheduled conference.

Such an agreed order must contain a statement that all counsel and/or pro se parties are familiar with the Court's Local Rules and the same must conform to the time standards of the Rules of Judicial Administration, and must be filed with Court before the date of the scheduled Pretrial Scheduling Conference.

CRITICAL

Applies to

Exhibit objections

Objections to exhibits must be presented in writing at the Final Pretrial Conference.

and any objections to such exhibits shall be presented, in writing, at the Final Pretrial Conference.

CRITICAL

Applies to

Texas Rule 166 k items

All items described in Texas Rule of Civil Procedure 166(k) must be presented to the Court at the Final Pretrial Conference.

(f) All items described in the Texas Rules of Civil Procedure 166(k) shall be presented to the Court at the Final Pretrial Conference.

CRITICAL

Applies to

Request for issuance

Requests for issuance of the listed writs, notices, and orders must be filed with the District Clerk using the Court’s designated E-Filing Request for Issuance form.

Requests for issuance of writs, citation, citation for expedited foreclosure, any notice, precept, show cause notice or temporary restraining order shall be filed with the District Clerk using the form "E-Filing Request for Issuance" available on the Court's website.

CRITICAL

Applies to

Request for issuance

Requests for issuance of abstracts of judgment or writs of execution must be filed with the District Clerk using the designated form available on the Court’s website.

Requests for issuance of Abstracts of Judgment and/or Writs of Execution shall be filed with the District Clerk using the form "E-Filing Request for Issuance of Abstract of Judgment and/or Writ of Execution" available on the Court's website.

CRITICAL

Applies to

Request for issuance

Requests for orders of sale must be filed with the District Clerk using the designated form available on the Court’s website.

Requests for Orders of Sale shall be filed with the District Clerk using the form "e-Filing Request for Issuance for an Order of Sale" available on the Court's website.

CRITICAL

Applies to

Temporary orders

In a family law case seeking an ex parte support order, the temporary orders must include the specified income-statement language requiring filing and service by the day before the hearing.

In all family law cases in which an ex parte order involving temporary orders for support is requested, the party seeking such temporary orders hearing shall include the following language in the temporary orders: All parties to this action shall file with the District Clerk and serve all counsel or pro se parties with a written statement accurately showing the gross income of each party hereto for the preceding three (3) calendar months and the preceding three (3) calendar years by at least the day preceding the hearing on temporary orders.

CRITICAL

Applies to

Temporary orders form

Every temporary-orders hearing requires use of the Court’s short form, compiled by counsel insofar as possible before the hearing, with the original provided to the Court before or during the hearing.

A temporary orders short form available on the Court's website and from the District Clerk's Office shall be used in every temporary orders hearing and shall be compiled by counsel insofar as possible before the hearing; the original copy of the form shall be provided to the Court by counsel or pro se party before or during the hearing.

CRITICAL

Applies to

Temporary orders form

Regardless of whether the parties reach agreement, all counsel and parties must sign one completed temporary-orders form before leaving court and file its original with the District Clerk after Court approval.

Whether or not agreement is reached, all counsel and parties shall sign one completed temporary orders form before leaving court and file the original of that form with the District Clerk after the same is approved by the Court.

CRITICAL

Applies to

Formal temporary orders

All counsel shall retain a copy of the completed form and file a copy of it with the Court with the formal Temporary Orders.

All counsel shall retain a copy of the completed form and file a copy of it with the Court with the formal Temporary Orders.

CRITICAL

Applies to

Temporary orders hearing materials

For temporary-support matters, each party must provide the Court and opposing counsel or a pro se party specified income, tax, earnings, and financial-statement records.

(e) In all cases in which temporary support of a spouse and/or a child or children is in issue, each party shall be required to furnish to the Court and to opposing counsel or pro se party: (I) A statement of monthly income and expenses similar to that available on the Court's website. (ii) Copies of that party's federal income tax return for the two (2) calendar years prior to the temporary orders hearing; (iii) All payroll statements, pay stubs, W-2 forms, and 1099 forms which evidence the party's earnings for the calendar year prior to the temporary orders hearing and from January 1 of the current year through the date of the temporary orders hearing; (iv) Copies of all financial statements filed by that party with a financial institution in the two (2) years prior to the hearing.

CRITICAL

Applies to

Inventory and appraisement

In dissolution-of-marriage suits, each party must file a sworn, itemized inventory and appraisement with the District Clerk at least 30 days before trial, including specified property, debts, and values.

(a) In all suits for the dissolution of marriage, each party shall file with the District Clerk, no later than thirty (30) days prior to the commencement of trial, a complete, itemized, sworn inventory and appraisement of all separate and community property owned or claimed by the parties to the marriage, and all debts and liabilities owed by the parties. Any property claimed to belong to children of the marriage must also be listed in the inventory and appraisement. This inventory shall list each item of property and each debt, with the value of that item shown to the right of the property description.

CRITICAL

Applies to

Composite inventory and appraisement

After the sworn inventories are filed, the Petitioner must initiate and forward a composite inventory at least 14 days before trial, and the Respondent must complete and file it at least 7 days before trial.

(b) After each party's sworn inventory and appraisement has been filed, the parties shall file a composite inventory and appraisement in a form substantially similar to that on the Court's website. The Petitioner shall initiate the composite inventory and forward it to the Respondent for completion not less than fourteen (14) days prior to the trial. The Respondent shall complete and file the composite inventory with the Court and serve a copy of the same on Petitioner not less than seven (7) days prior to trial.

CRITICAL

Applies to

Gross income statement

Parties in child-support actions must file a statement of all adult parties’ gross income for the preceding three years and three months.

All parties in an action involving child support shall file with the Court a written statement setting forth the accurate gross income of all adult parties to the proceeding for the preceding three (3) calendar years and the preceding three (3) calendar months.

CRITICAL

Applies to

Deduction statement

Counsel or a pro se party seeking deductions from gross income must prepare a statement identifying the deductions and explaining why the Court should allow them.

Each counsel or pro se party shall also prepare a written statement showing any items for which a deduction from gross income (except Social Security tax and income tax withheld) is sought, including a written statement of the reasons such deduction should be allowed by the Court.

CRITICAL

Applies to

Child support calculation

Counsel or a pro se party must file a statement calculating the amount of child support sought.

Each counsel or pro se party shall also file with the Court a written statement setting forth his calculation of the amount of child support sought to be ordered by the Court in that proceeding.

CRITICAL

Applies to

Support order

Support decrees, judgments, and orders must state the payment manner and place and include the SDU’s proper address.

All decrees, judgments and orders for support shall include provisions stating the manner and place of payment in compliance with the Local Rules and shall include the proper address of the SDU.

CRITICAL

Applies to

Child support order

Every proposed order containing child-support provisions must be accompanied by a compliant medical support order.

Every order submitted to the Court for approval which contains provisions for child support shall be accompanied by a medical support order in conformance with the requirements of Texas Family Code Sec. 154.181, as amended

CRITICAL

Applies to

Final child support order

Every final order containing child-support provisions must be accompanied by an income-withholding order or writ that complies with Chapter 158 of the Texas Family Code.

Every final order submitted to the Court for approval which contains provisions for child support shall be accompanied by an order or writ for income withholding in accordance with Chapter 158, Texas Family Code, as amended.

CRITICAL

Applies to

Income withholding order or writ

Anyone presenting an income-withholding order or writ must also submit the specified e-Filing Request form to the District Clerk.

All persons presenting said order or writ for income withholding shall also submit an “e-Filing Request for Issuance for an Order Withholding to Employer’s” to the District Clerk, available on the Court’s website.

CRITICAL

Applies to

Divorce or annulment decree or order

At the conclusion of divorces and annulments, except adoptions, the party submitting a decree or order must also present the specified completed form at the same time.

At the conclusion of all divorces/annulments (with or without children) excluding adoptions, the party submitting a decree or order to the Court must also present, at the same time, a completed form entitled AInformation on Suit Affecting the Family Relationship (Excluding

CRITICAL

Applies to

Proposed division of community estate and support decision

Counsel and pro se parties must present a document with the specified property and support information before a final divorce hearing where property division is contested; they may use the Court’s website form.

Counsel for each party and each pro se party shall present to the Court prior to the final divorce hearing in which property division is contested, a document containing the following information: (a) Community assets requested to be awarded to each of the respective parties; (b) Community liabilities requested to be awarded to each of the respective parties; (c) Assets or liabilities requested to be confirmed to each of the respective parties as separate property; and (d) Information for calculating support. (e) The document submitted may follow the format in the form available on the Court's website.

CRITICAL

Applies to

Final order for adoption

When presenting a signed final adoption order to the District Clerk, the Petitioner must also present a completed Certificate of Adoption at the same time.

The Petitioner, upon presenting a signed copy of a final order for adoption to the District Clerk shall, at the same time, present a completed Certificate of Adoption.

WARNING

Applies to

Discovery motion

Discovery matters not addressed or provided in the State’s Disclosure document must be requested in a separate, specific motion identifying each item sought.

Any matters requested by defense counsel which are not addressed or provided in a State's Disclosure document filed with the Court shall be requested by a specific, separate motion identifying each item or thing sought.

WARNING

Applies to

Inventory and appraisement

Inventories under this Local Rule are not required if the parties completely settle all property, custody, and support issues before the final hearing.

(d) In the event an agreement completely settling all property, custody and support issues in the suit is entered into prior to the final hearing, then the filing of inventories under this Local Rule shall not be required.