Montgomery County Courts at Law Filing Fees and Waivers

CRITICALCivil cases

Applies to

Severance

A severance order remains interlocutory and subject to vacatur until the party requesting severance pays any applicable clerk's filing fees.

5.2 A severance order which is granted remains interlocutory and subject to being vacated, even if a new case is created because a severance is conditionally filed, unless and until any applicable clerk's filing fees are paid by the party requesting the severance.

CRITICALCivil cases

Applies to

Severance

The party seeking severance must pay all applicable clerk filing fees for the severed case to receive a new file date and cause number, and the severance order may be vacated if those fees are not paid.

Unless otherwise specified in the order of severance, if a severance is granted, the new case will be assigned to the court where the original case is pending and the clerk of the court will assign a new file date and a new cause number to the now severed case upon payment of all clerk fees by the party which sought the severance. A severance order remains interlocutory and subject to being vacated if the applicable clerk's filing fees are not paid.

CRITICAL

Applies to

Severed case

A severed claim filed as a new case is subject to the filing fees required by the Clerk.

A severed claim filed as a new case is subject to all filing fees required by the Clerk.

CRITICALCivil cases

Fee

500

Applies to

Attorney ad litem deposit

Applicants in covered cases must deposit $500 toward attorney ad litem services, subject to a refund if the Court orders a smaller payment and authorized County Clerk administrative fees.

It is therefore ORDERED that effective 10/1/23, each applicant in a civil, probate or guardianship case filed in the Montgomery County Probate Court #1 that requires the appointment of an attorney ad litem will be required to deposit $500.00 toward the services of the attorney ad litem. It the Court orders payment of less than $500.00, the excess will be refunded to the applicant. All payments are subject to administrative fees statutorily authorized to be withheld by the County Clerk of Montgomery County, Texas.

CRITICAL

Applies to

Severed case

Failure to pay filing fees due to a severance order results in dismissal of the severed case for want of prosecution.

Failure to pay the required filing fees occurring due to issuance of a severance order will result in the dismissal for want of prosecution of the severed case.

CRITICALCivil cases

Applies to

Severance

A severance order remains interlocutory and subject to vacatur until the party requesting severance pays any applicable clerk's filing fees.

5.2 A severance order which is granted remains interlocutory and subject to being vacated, even if a new case is created because a severance is conditionally filed, unless and until any applicable clerk's filing fees are paid by the party requesting the severance.

CRITICALCivil cases

Applies to

Severance

The party seeking severance must pay all clerk fees before the clerk assigns the severed case a new file date and cause number.

5.1 Unless otherwise specified in the order of severance, if a severance is granted, the new case will be assigned to the court where the original case is pending and the clerk of the court will assign a new file date and a new cause number to the now severed case upon payment of all clerk fees by the party which sought the severance.

CRITICALCivil cases

Applies to

Severance

The party seeking severance must pay all clerk fees before the clerk assigns the severed case a new file date and cause number.

5.1 Unless otherwise specified in the order of severance, if a severance is granted, the new case will be assigned to the court where the original case is pending and the clerk of the court will assign a new file date and a new cause number to the now severed case upon payment of all clerk fees by the party which sought the severance.

INFO

Any cost for this filing is waived.

Cost, if any, for this filing is hereby waived.