Montgomery County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Waiver of arraignment reset with scheduling order

6,2 For all other settings, (Arraignment and Pre-Trial settings), the Defendant need not be present for the docket if a waiver of arraignment/reset with scheduling order is filed with the Court prior to noon the business day immediately prior to the Arraignment/Pre-Trial setting.

6,2 For all other settings, (Arraignment and Pre-Trial settings), the Defendant need not be present for the docket if a waiver of arraignment/reset with scheduling order is filed with the Court prior to noon the business day immediately prior to the Arraignment/Pre-Trial setting.

CRITICALCivil cases

Applies to

Page two designation

The first step is to complete the questionnaire on page two.

1. Complete questionnaire above.

CRITICAL

Applies to

Motion

Must include

proposed order

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

Any motion placed on a submission docket shall be in writing and shall be accompanied by a proposed order. The proposed order must be filed as a separate instrument.

CRITICAL

Applies to

Pleading

Pleadings must not contain sensitive or confidential information from anyone involved in the case.

The Court further ORDERS attorneys and self-represented litigants are prohibited from filing pleadings that contain a person's sensitive, confidential information. It is a violation of this Standing Order if an attorney or self-represented litigant uses Generative Al in its work product, research, or drafting of pleadings, and that pleading contains sensitive, confidential information from anyone involved in the case.

CRITICAL

Applies to

Contested motion and response

Must include

proposed order

Contested motions and responses, including motions in limine, must include a proposed order granting or denying the requested relief, filed as a separate instrument.

12.1 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 filed as a separate instrument. This includes motions in limine. The Court may decline to consider any request for relief until a proposed order is submitted.

CRITICAL

Applies to

Written final order

When the Court renders an oral final order, the prevailing party must prepare a written order complying with the ruling, attempt to obtain opposing parties' approval as to form, and file it by the date of entry.

18.1 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 of entry. The Party preparing the order shall attempt to obtain approval as to form from the opposing parties.

CRITICAL

Applies to

Pleading

Must include

ai disclosure

A pleading using Generative Al in its work product, research, or drafting must include the verbatim verification in bold 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.

CRITICALCivil cases

Applies to

Notice of hearing

Attorneys noticing a Zoom hearing must include the Zoom link and meeting ID in the notice; the Court provides the meeting ID when the hearing is set.

Attorneys noticing a hearing to take place via Zoom must provide as part of the notice a link to Zoom and the meeting ID of the meeting (to be provided by the Court when the hearing is set).

CRITICAL

Applies to

Pleadings

Must include

ai disclosure

An attorney or self-represented litigant who uses generative AI must include the court-prescribed verification in bold 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 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

CRITICAL

Applies to

Evidence

An interpreter relying on voice-recognition Al must not be used to translate evidence documents or provide live interpretation in hearings or trial.

The Court further ORDERS attorneys and self-represented litigants are prohibited from using an interpreter that relies on voice recognition Al programs to translate documents to be admitted as evidence or during live interpretation in 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 interpreter that relied upon voice recognition Al to translate a document or piece of live testimony.

CRITICAL

Applies to

Recording approval

Recording in the Court requires prior written approval from the presiding Judge, placed in the applicable case file.

Recording is prohibited in the Court unless written approval from the presiding Judge has been obtained and placed in the applicable case file.

CRITICAL

Applies to

Tro application

A TRO application must be supported by a separate affidavit or unsworn declaration; verification of the application alone is insufficient.

15.3 An Application for a TRO must be supported by a separate affidavit or unsworn declaration. The verification of the application will not suffice to support the issuance of a TRO.

CRITICAL

Applies to

Sworn inventory and appraisement

The sworn inventory must identify each party's property and beneficial interests, state the party's view of each item's separate or community character, list debts, and list and total the fair market value of each property item and liability.

Each party is ordered to list all property, real and personal, tangible and intangible, in which each party owns an interest. The inventory shall include a listing of all beneficial interests, such as insurance and employment benefits. The inventory shall state that party's opinion as to the character of the property, separate or community. The inventory shall list all debt owed by the parties or either party. The inventory shall list and total the fair market value of each individual item of property listed and each liability.

CRITICAL

Applies to

Waiver of arraignment and reset

A waiver of arraignment and reset with a scheduling order must be filed to avoid personal attendance at arraignment.

Defendants must be personally present in court, unless a waiver of arraignment and reset with scheduling order is filed with the Court prior to noon the business day immediately prior to the arraignment setting.

CRITICALCivil cases

Applies to

Standing order

The Order of Protective Custody must be attached to the standing order.

ORDER OF PROTECTIVE CUSTODY MUST BE ATTACHED HERETO

CRITICAL

Applies to

Emergency application

An application designated as an emergency must explain the emergency, the specific harm alleged, why ordinary notice is inadequate, and the relief requested before notice can be provided.

12.8 Any application designated as an emergency shall contain an explanation of the nature of the emergency, the specific harm alleged, why ordinary notice procedures are inadequate, and the relief requested before notice can be provided.

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 in addition to an appropriate 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

Pleading

Must include

ai disclosure

A pleading prepared using Generative AI must include the verbatim verification in bold as required by paragraph III.

The Court, hereby ORDERS 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 fails to include the above verbatim verification in bold in paragraph III.

CRITICALCivil cases

Applies to

Designation of presiding judge

When a judge presides for another court, the judge must file a designation of presiding judge, and the clerk must reflect that judge's name in the case filing system.

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

Pleading

Must include

ai disclosure

A pleading using Generative Al in work product, research, or drafting must include the verbatim verification in bold in paragraph III.

The Court, hereby ORDERS 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 fails to include the above verbatim verification in bold in paragraph III.

CRITICALCivil cases

Applies to

Request for payment of appointment fees

The payment request form states that Exhibit A is a true and correct copy of the appointment order.

Attached as Exhibit "A" is a true and correct copy of this Order.

CRITICAL

Applies to

Discovery order copy

Must include

certificate of service

A Certificate of Service must accompany the copy of the signed Discovery Orders provided to the State's attorney.

Upon the Judge signing the Discovery Orders, a copy shall be immediately provided to the State's attorney by the Defendant along with a Certificate of Service.

CRITICALCivil cases

Applies to

Motion for permission to appear remotely

For a case set for an in-person hearing, a remote appearance requires court permission, and the litigant should file a motion requesting permission.

If a case has been set for in person hearing, the court must give permission for remote appearances. Please file a motion for permission to appear remotely.

CRITICALCivil cases

Applies to

Final order

If the court renders an oral final order, the prevailing party must prepare a written order that complies with the 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 of entry.

CRITICAL

Applies to

Request for relief

Every request for relief, regardless of its title, must state and cite the statutory or common-law basis for the requested relief.

12.6 All requests for relief, whether styled a motion, application, petition or otherwise, shall state the statutory or common law basis for the relief requested by citing such statutory or common

CRITICALCivil cases

Applies to

Packet

The packet must include the two-page standing order and an OPC signed by the judge, and must be emailed to Aimee Newcomb with MCAOMentalHealth@mctx.org copied.

2. Email the packet (2-page Standing Order and OPC signed by Judge) to Aimee.Newcomb@mctx.org and copy MCAOMentalHealth@mctx.org.

CRITICAL

Applies to

Hearing exhibit submission

A party intending to offer hearing exhibits must submit an exhibit list with the 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,

WARNING

Applies to

Fee application

A court-selected individual entitled to fees should apply to the Court with an appropriate itemized fee request filed with the Court.

A guardian ad litem, attorney ad litem, personal representative selected by the Court or any other individual selected by the Court who is entitled to fees should apply to the Court for fees by making an appropriate fee request to include an itemization and filing it with the Court the Court.

WARNING

Applies to

Invoices and time logs

The Court may order attorneys to produce all invoices and time logs related to a pleading to examine possible fraudulent client billing.

Due to the potential to use Generative Al to cut corners while billing clients for work on their case, this Court may Order attorneys to produce to the Court all invoices and time logs pertaining to the pleading in question to ensure there was no fraudulent billing to clients.

WARNING

Applies to

Pleading

The Court may also consider requiring the at-fault attorney or self-represented litigant to attach copies of all case law cited with highlighted

The Court may also consider requiring the at-fault attorney or self-represented litigant to attach copies of all case law cited with highlighted

WARNINGCivil cases

Applies to

Final order

The party preparing the order must attempt to obtain approval as to form from opposing counsel or the pro se litigant.

The party preparing the order shall attempt to obtain approval as to form from the opposing counsel or pro se litigant.

WARNING

Applies to

Designation of presiding judge

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

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.

INFOCivil cases

Applies to

Exhibit email

Exhibit-email subjects should include the full cause number and the applicable party-name exhibit label.

The subject of the mail should be the full cause number and "[Party Name] Exhibits" or "[Party Name] Exhibits" as applicable.

INFOCivil cases

Applies to

Rules of administration for probate cases

The County Clerk is directed to furnish a copy of the Rules of Administration for Probate Cases to the Supreme Court of Texas pursuant to Rule 3(a).

The County Clerk are directed to furnish a copy of these Rules of Administration for Probate Cases to the Supreme Court of Texas pursuant to Rule 3 (a) of the Texas Rules of Civil Procedure.

INFOCivil cases

Applies to

Rules of administration for probate cases

The County Clerk is directed to record the Rules of Administration for Probate Cases in the Probate Minutes of the specified County Courts at Law.

The County Clerk are directed to record these Rules of Administration for Probate Cases in the Probate Minutes of all of the County Courts at Law of Montgomery County, Texas, and all additional County Courts at Law thereafter created.