Montgomery County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Request for payment of appointment fees

An appointed attorney seeking payment must submit the completed and signed request form to the District Clerk with the appointment order as Exhibit A and a detailed bill or expense explanation as Exhibit B.

Any attorney appointed by the Court seeking payment for fees and/or expenses must submit to the Montgomery County District Clerk's office the REQUEST FOR PAYMENT OF APPOINTMENT FEES IN TDFPS CASE form attached to this order. This form must be completed in full, signed by the attorney seeking payment, have a copy of the order appointing the attorney attached as Exhibit "A," and have a detailed bill itemizing the time and work performed and/or explanation of the nature and amount of any requested expenses attached as Exhibit "B."

CRITICAL

Applies to

Designation of presiding judge

The presiding judge must file a designation of presiding judge in the matter.

the presiding judge shall file a designation of presiding judge in the matter

CRITICALCivil cases

Applies to

Designation of presiding judge

When a judge presides for another court, that judge must file a designation of presiding judge in the matter.

6.1 In all cases where a judge presides for another court, the case shall remain pending in the original court; however, the judge of the court shall file a designation of presiding judge in the matter and the clerk of court shall reflect the name of the presiding judge in the case filing system.

CRITICAL

Applies to

Notice

The notice must state the consideration date and time and whether consideration will be by oral or submission hearing.

Movant shall serve written notice on all parties of the date and time of consideration as well as whether the consideration will be via oral or submission hearing.

CRITICALCivil cases

Applies to

Hearing notice

The written hearing notice must state the consideration date and time and whether the motion will be heard orally or by submission.

Movant shall serve written notice on all parties of the date and time of consideration as well as whether the consideration will be via oral or submission hearing.

CRITICAL

Applies to

Hearing notice

The hearing notice must state the hearing date and time and whether the motion will be heard orally or on a submission docket.

Movant shall serve written notice on all parties of the date and time of the hearing, as well as whether the motion will be considered at oral hearing or will be considered on a submission docket.

CRITICALCivil cases

Applies to

Contested motion and response

Must include

proposed order

Contested motions and responses must be in writing and accompanied by a separate proposed order granting or denying the requested relief.

10.1 Contested motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought. The proposed order shall be a separate instrument.

CRITICALCivil cases

Applies to

Small estate affidavit and order

Applicants must use the Court-promulgated forms published on the Court's website when filing a Small Estate Affidavit and order.

To facilitate administration of the increasing number of Small Estate Affidavit filings it is ordered that applicants utilize the Court promulgated forms published on the Court's website when filing a Small Estate Affidavit (and order).

CRITICALCivil cases

Applies to

Request for payment of appointment fees

The appointee must declare under penalty of perjury that the Exhibit B time and expenses were incurred on behalf of the client and are true and correct.

Appointee declares under penalty of perjury as an Officer of the Court, and with the intention that the Court rely hereon, that the time and expenses reflected on the attached Exhibit "B" were expended on behalf of the clients) regarding this matter and are true and correct.

CRITICALCivil cases

Applies to

Contested motion and response

Must include

proposed order

Contested motions and responses must be written and accompanied by a separate proposed order granting or denying the requested relief.

Contested motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought. The proposed order shall be a separate instrument.

CRITICALCivil cases

After an oral final order, the prevailing party must prepare a written order that complies with the court's ruling.

In the event that the court renders an oral final order, the prevailing party shall prepare a written final order complying with the court's ruling and file the order by the date the court sets for entry.

CRITICALCivil cases

Applies to

Pleading

Must include

caption

Pleadings must identify all parties and minor children by their full names in the caption/style; the clerk is ordered to refuse pleadings that do not comply or use only initials.

As Sections 6.401 and 102.008 of the Texas Family Code require the full names of the parties and the full names of any minor children to be included in the caption/style of the case, the Montgomery County District Clerk is ORDERED to refuse to aceept for filing any pleading that does not contain the required identification and/or contains only the initials of the parties and/or the children in the caption/style of the case.

CRITICAL

Applies to

Response

Must include

proposed order

A response to a submission-docket motion must be written and accompanied by a proposed order filed as a separate instrument.

Responses shall be in writing and shall be accompanied by a proposed order. The proposed order must be filed as a separate instrument.

CRITICAL

Attorneys and self-represented litigants must not enter any person's sensitive or confidential case information into a Generative Al program.

The Court further ORDERS attorneys and self-represented litigants are prohibited from entering any sensitive, contidential information of any person involved in the case into a Generative Al program. It is a violation of this Standing Order if an attorney or self-represented litigant enters sensitive, confidential information of any person involved in the case into any Generative Al program.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach this order to the original petition and every copy; if omitted, the Clerk must ensure it is attached when the petition is filed.

a. The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.

CRITICALCivil cases

Applies to

Citation

All information on the citation must be accurate.

In addition, all information on the citation shall be accurate.

CRITICAL

Applies to

Motion to enter

Must include

proposed order

A motion to enter must be accompanied by the proposed order, which must also be filed as a separate document.

A motion to enter shall be accompanied by the proposed order the subject of the motion, and the proposed order shall also be filed as a separate document.

CRITICAL

Applies to

Temporary order financial disclosures

For qualifying temporary-orders hearings, the parties must file and exchange financial statements, two years of tax returns, six recent payroll stubs, specified bank statements for self-employed parties, and information required by the cited Texas Family Code sections.

Temporary Orders. At least twenty-four (24) hours prior to the commencement of any hearing for temporary orders in which child support and/or spousal support is at issue, the parties shall file and exchange: (a) Monthly Financial Information Statements (in the form substantially in conformity with the Texas Family Practice Manual, or on a form provided by the court); (b) the party's federal income tax returns for the past two (2) years; (c) the party's six (6) most recent payroll stubs; (d) if the party is self-employed, the party's three (3) most recent bank statements for all accounts at financial institutions controlled by the party; and (e) the information required by Sections 154.181(b) and 154.1815(c) of the Texas Family Code.

CRITICALCivil cases

Applies to

Standing order

An Order of Protective Custody must be attached to this standing order.

ORDER OF PROTECTIVE CUSTODY MUST BE ATTACHED HERETO

CRITICALCivil cases

Applies to

Standing order

This standing order is not valid unless an Order of Protective Custody is attached.

THIS ORDER IS NOT VALID WITHOUT AN ORDER OF PROTECTIVE CUSTODY ATTACHED HERETO.

CRITICAL

Applies to

Written order

The prevailing party or court-designated party must prepare a written order that complies with the court's ruling.

Upon rendition of any order, the prevailing party or the party designated by the court shall prepare a written order complying with the court's ruling.

CRITICAL

Applies to

Submission notice

A submission-docket notice must state a submission date obtained from the court that is at least ten days after filing, unless the court grants leave.

Notices of a motion placed on a submission docket shall state a date of submission which shall be obtained by the movant from the court, and which shall be at least ten (10) days from filing, except on leave of court.

CRITICAL

Applies to

Motion

Must include

proposed order

A party seeking to transfer a cause of action under the Texas Estates Code must file a proper motion and proposed order.

A Party seeking to transfer to the Court a cause of action pending in a district, county, or statutory county court under the Texas Estates Code must file a proper motion and proposed order.

CRITICAL

Applies to

Pleading

Must include

ai disclosure

An attorney or self-represented litigant who uses generative AI in work product, research, or drafting must include the specified verification in their pleadings.

As a result of Generative Al's tendency to fabricate and malfunction, the Court hereby ORDERS any attorney or self-represented litigant that chooses to use Generative Al in their work product, research, or drafting must include the following verification in bold in their pleadings: 'Verification Regarding Use of Generative Artificial Intelligence My name is _ _ my address is → 1 am over 18 years of age, of sound mind, and capable of making this verification. I swear under penalties of perjury that the statements contained in this verification are true and correct and

CRITICALCivil cases

Applies to

Notice of hearing or submission

The notice must state whether the motion will be considered at an oral or submission hearing.

Movant shall serve written notice on all parties of the date and time of consideration as scheduled by the court and include whether the consideration will be via oral or submission hearing.

CRITICAL

Applies to

Guardian ad litem fee request

Must include

proposed order

A guardian ad litem applying to the Juvenile Trial Court for fees must submit an appropriate fee request with a proposed order.

A guardian ad litem wishing to apply to the Juvenile Trial Court for fees shall make an appropriate fee request with a proposed order.

CRITICALCivil cases

Applies to

Standing order

The standing order is invalid unless an Order of Protective Custody is attached.

THIS ORDER IS NOT VALID WITHOUT AN ORDER OF PROTECTIVE CUSTODY ATTACHED HERETO.

CRITICALCivil cases

Applies to

Final order

The prevailing party must prepare a written final order that complies with the court's ruling.

the prevailing party shall prepare a written final order complying with the court's ruling

CRITICALCivil cases

Applies to

Contested motion and response

Must include

proposed order

Each contested motion and response must be accompanied by a separate proposed order granting or denying the relief sought.

Contested motions and responses shall be in writing using 12 to 14 point font, shall be well organized, shall use complete sentences, and shall be accompanied by a proposed order granting or denying the relief sought. The proposed order shall be a separate instrument.

CRITICALCivil cases

Applies to

Page two designation

The transferring facility must complete the questionnaire on page two.

To be completed by transferring facility:

CRITICAL

Applies to

Bill of review

A Bill of Review must be filed under a new cause number and as the same case type as the case from which it arose.

12.10 Bills of Review shall be filed as a new cause number and as the same case type of the case from which the Bill of Review was made.

CRITICAL

Applies to

Fee application

A Court-promulgated order form must be filed when requesting fees of $1,000 or more.

File the Court promulgated order form when requesting fees of $1,000.00 or more.

CRITICAL

Applies to

Motion

Must include

certificate of service

A submission-docket motion must include a certificate of service identifying the instrument, service method, recipients, and service date; an incomplete certificate creates no presumption of service.

Additionally, any motion placed on a submission docket must contain a certificate of service that includes (1) the name of the instrument which was served, (2) the method of service, (3) the name(s) of the person/people on whom it was served, and (4) the date on which it was served. A certificate of service which fails to provide this information creates no presumption that the instrument was served.

CRITICALCivil cases

Applies to

Fee request

Must include

proposed order

A guardian ad litem or attorney ad litem applying for fees must submit an appropriate fee request with a proposed order.

A guardian ad litem or attorney ad litem wishing to apply to the Court for fees shall make an appropriate fee request with a proposed order.

CRITICAL

Applies to

Small estate affidavit and guardian of person annual report

Attorneys must use Court-promulgated forms for Small Estate Affidavits, Guardian of the Person Annual Reports, and other forms designated by the trial Judge in a Standing Order.

11.5 Attorneys shall use the Court promulgated forms for consideration of Small Estate Affidavits, Guardian of the Person Annual Report and any other forms designated by the trial Judge in a Standing Order.

CRITICAL

Applies to

Contested motion or response

Must include

proposed order

Contested motions and responses must include a proposed order granting or denying the requested relief.

Contested motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought.

CRITICAL

Applies to

Evidence

An expert whose methodology or work product relies on generative Al must not be used to form opinions offered as evidence at a hearing or trial.

The Court further ORDERS attorneys and self-represented litigants are prohibited from using an expert that relies on generative Al programs in their methodology and work product in forming opinions to be admitted as evidence during hearings or trial. It is a violation of this Standing Order if any attorney or self-represented litigant offers to admit or attach evidence in any contested hearing or trial that used an expert that relied upon Generative Al in forming their opinions.

CRITICAL

Applies to

Application for tro or other ex parte relief

To proceed without the notice required by Rule 15.1, the applicant must file a verified certificate stating one of the specified grounds.

15.2 Compliance with the provisions of 15.1 is not required if a verified certificate is filed with the application, stating: • That immediate harm is imminent and there is insufficient time to notify the opposing Party or opposing Party's Counsel; or • That notifying the opposing Party or opposing Party's Counsel would impair or annul the Court's power to grant relief because the relief request in the application could be subverted, or property removed, secreted, or destroyed, if notice were given.

CRITICAL

Applies to

Pleading

Must include

ai disclosure

A pleading prepared using Generative AI must contain the required verbatim verification or the Court will not consider it.

If an attorney or self-represented litigant uses Generative Al in their work product, research, or drafting of a pleading and that pleading fails to contain the above verbatim verification in bold, it will not be considered by the Court.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A submission-docket motion must include a signed conference certificate documenting pre-filing resolution attempts, their dates and times, and their communication methods, except for the listed motion categories.

Additionally, any motion placed on a submission docket must contain a certificate of conference indicating that the attorneys and/or parties have attempted to resolve the dispute prior to the filing of the motion. Such certificate must be signed by the moving attorney and/or party and must include the date(s) and time(s) of the attempts), and the manner(s) of communication of the attempts). Such certificate is not required for dispositive motions, motions for summary judgment, default judgments, motions for voluntary dismissal or nonsuit, post-verdict motions and motions involving service of citation.

CRITICAL

Applies to

Pleading

Pleadings must not contain misstatements of law, misrepresentations of case law holdings, or citations to nonexistent case law.

The Court further ORDERS attorneys and self-represented litigants are prohibited from filing pleadings that contain misstatements of law, misrepresentations of case law holdings, and cites to non-existent case law. It is a violation of this Standing Order if an attorney or self-represented litigant uses Generative Al in their work product, research, or drafting of a pleading and that pleading misstates the law, misrepresents case law holdings, or cites non-existent case law.

CRITICAL

Applies to

Suggestion of bankruptcy

A party must promptly notify the Court of a bankruptcy petition by filing a Suggestion of Bankruptcy as soon as practicable.

Any Party to a pending case shall promptly notify the Court of the filing of a petition in bankruptcy by any Party. Such notice shall be made by filing a Suggestion of Bankruptcy as soon as practicable.

CRITICALCivil cases

Applies to

Certificate of discovery

Parties in civil cases, including expedited cases, must file Certificates of Discovery with the specified information about discovery requests, responses, and depositions.

9.2 Certificates of Discovery: For civil cases, including expedited cases under Texas Government Code Chapter 22, the parties are required to file Certificates of Discovery providing the following information: 9.2.1 Written Discovery Requests: For written discovery requests, (1) the type(s) of discovery vehicle which was served, (2) when it was served, and (3) who is responsible for responding to the requests which were served. 9.2.2 Written Discovery Responses: For written discovery responses, (1) the type(s) of discovery vehicle to which the response applies and (2) when it was served. 9.2.3 Depositions: For depositions (both oral and written), (1) the identity of the deponent and (2) the date of the deposition.

CRITICAL

Applies to

Final trial financial disclosures

The required final-trial financial disclosures include financial statements, two years of tax returns, six recent payroll stubs, specified bank statements for self-employed parties, and information required by the cited Texas Family Code sections.

Final Trial/Financial Information Statement. At least thirty (30) days prior to the commencement of a final trial in which child support and/or spousal support is at issue, unless the court orders otherwise, the parties shall file and exchange: (a) Monthly Financial Information Statements (in the form substantially in conformity with the Texas Family Practice Manual, or on a form provided by the court); (b) the party's federal income tax returns for the past two (2) years; (c) the party's six (6) most recent payroll stubs; (d) if the party is self-employed, the party's three (3) most recent bank statements for all accounts at financial institutions controlled by the party; and (e) the information required by Sections 154.181(b) and 154.1815(c) of the Texas Family

CRITICALCivil cases

Applies to

Response

Responses must be in writing.

Responses shall be in writing.

CRITICALCivil cases

Applies to

Hearing exhibits

A party intending to offer hearing exhibits must email an exhibit list and the exhibits to all parties and the Court at least 24 hours before the hearing.

5. Exhibits. If a party intends to offer any exhibits during a hearing, an exhibit list and the exhibits must be emailed to all parties and the Court, attention to Kayla Argueta (Court Coordinator) at kayla.argueta@mctx.org and Melody Meador (Court Reporter) at melody.meador@mctx.org at least 24 hours in advance of the hearing,

CRITICAL

Applies to

Motion and response

Must include

proposed order, certificate of service, certificate of conference

Motions and responses shall be in writing and shall be accompanied by a. certificate of service, a certificate of conference, and a proposed order granting or denying the relief sought. The proposed order shall be filed as a separate instrument.

Motions and responses shall be in writing and shall be accompanied by a. certificate of service, a certificate of conference, and a proposed order granting or denying the relief sought. The proposed order shall be filed as a separate instrument.

CRITICALCivil cases

Applies to

Certificate of service

A certificate of service must identify the instrument, service method, recipients, and service date; a certificate missing this information creates no presumption of service.

9.3 Certificates of Service: Certificates of service must include (1) the name of the instrument which was served, (2) the method of service, (3) the name(s) of the person/people on whom it was served, and (4) the date on which it was served. A certificate of service which fails to provide this information creates no presumption that the instrument was served.

CRITICALCivil cases

Applies to

Ad litem fee request

A guardian ad litem or attorney ad litem requesting fees of $1,000 or more must file the Court-promulgated order form along with the fee request.

A guardian ad litem or attorney ad litem wishing to apply to the Court for fees shall in addition to making an appropriate fee request file with the Court the Court promulgated order form when requesting fees of $1,000.00 or more.

CRITICAL

Applies to

Evidence

Evidence to be admitted at a contested hearing or trial must not be created, edited, enhanced, or altered using Generative Al.

The Court further ORDERS attorneys and self-represented litigants are prohibited from using Generative Al to create or edit/enhance/alter evidence to be admitted in any contested hearing (oral or submission) or trial. It is a violation of this Standing Order if any attorney or self- represented litigant offers to admit or attach evidence in any contested hearing or trial that has been created, edited, enhanced, or altered by Generative Al.