Nueces County Courts at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Phone
Clerk
Document Format Requirements3 rules
Exhibits intended for a video conference hearing must be pre-marked and in PDF format.
- File type
- Exhibits
Court's wording
Any exhibits a party intends to offer as evidence at the video conference hearing shall be e-filed and pre-marked in a PDF format with the District Clerk prior to the commencement of the court proceeding and as soon as possible after receipt of the video conference hearing invitation with copies transmitted to all parties and Tillie Serna, the court reporter at tillie.serna@nuecesco.com.
Audio and video recordings must be uploaded to a Dropbox folder or similar cloud service and submitted in MP4 format.
Court's wording
A party offering any audio or video recordings shall upload the file to a folder in Dropbox, or similar cloud storage service, and shall include a link to the folder in the party's e-mail exhibit. All audio and video recordings shall be submitted in MP4 format.
On a separate sheet attached to the sealed envelope, the Reporter shall give notice to the Clerk of the Court of Appeals that the envelope contains the record of a Chapter 33, Family Code proceeding.
Document Filing Requirements19 rules
A party offering any audio or video recordings shall upload the file to a folder in Dropbox, or similar cloud storage service, and shall include a link to the folder in the party's e-mail exhibit.
Senders of electronically transmitted pleadings or documents must maintain or file the originals, as required by law.
The originals must be filed with the Clerk for placement in the Court file.
Electronic transmissions must include a cover sheet identifying the sender, case, documents, total pages including the cover sheet, and any special instructions.
Court's wording
A cover sheet shall accompany such transmissions, identifying the sender, the case in which the pleadings or documents are to be filed, the nature of the pleadings or documents, the number of pages being transmitted including the cover sheet, and any special filing, service or dispositional instructions.
The Court Pre-Trial Order shall reflect action taken at any pre-trial conference which order shall control the proceedings until the matter is finally disposed of or modified by the Court.
Parties requesting ex parte temporary restraining orders in family law cases shall present evidence, under oath, by affidavit or live testimony, supporting each matter for which relief is requested.
All applications for ex parte relief shall state, and it shall be brought to the attention of the Court, whether, within the knowledge of the applicant, the opposing party is represented by counsel, who shall be allowed to appear if practicable.
Counsel shall complete and file such request for compensation on a standardized application form adopted by the County Courts-at-Law and District Courts.
A Case Information Sheet must be filed for the discovery control plan and scheduling order, except in Attorney General Title IV-D cases; the plan and order will not be implemented without it.
Court's wording
Each case filed in Nueces County Courts at Law and District Courts shall be governed by a discovery control plan and scheduling order, except for Attorney General Title IV-D cases. Such plan will be determined by the filing of a Case Information Sheet provided by the District Clerk. The Case Information Sheet must be filed within 10 days of the filing of any original petition. A discovery control plan and scheduling order will not be implemented without the Case Information Sheet.
At the conclusion of the hearing on an application the Reporter shall file the original notes, including any computer disks containing Such notes, Of the hearing in the file of the cause.
On a separate sheet attached to the sealed envelope, the . Reporter shall give notice to the Cleric of the Court of Appeals that the envelope contains the record of a Chapter 33, Family Code proceeding
At the conclusion of the hearing on an application, the Reporter shall file the original notes, including any computer disks containing such notes, of the hearing in the file of the cause.
On appeal, the Reporter must prepare and file the record in a sealed envelope and provide a copy to the Clerk for placement in the sealed cause file.
Court's wording
In the event of an appeal, the Reporter shall prepare the record according to the designation of record notice. shall file the record on appeal in a sealed envelope as in other appeals, and shall provide a copy thereof to the Clerk, who shall place the copy in the sealed file of the cause
Before the Clerk may release a copy of the Order, the Clerk shall require the person to sign a statement showing receipt of the Order. The Clerk shall file the signed statement in the file.
The Judge or a person authorized to unseal or open a sealed cause shall sign a statement . on the file that the person unsealed or opened the file.
The Petitioner must attach this order to the original petition and each copy, and the Clerk must ensure attachment if the Petitioner fails to do so.
Court's wording
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.
In the Order giving a case a special or preferential trial setting, the Court shall state specific reasons for such setting.
- Document
- Order
Must include
- •Specific reasons for such setting
Counsel must provide each affected court a written statement of readiness for every same-date trial and explain any unreadiness.
Court's wording
Counsel must state in writing to each of the affected Courts whether he or she is ready for trial in all cases set for trial on the same date, and, if not ready in one or more of said cases, why he or she is not ready for trial.
Counsel shall state, whether .in a motion for continuance or a notice of conflicting jury trial settings, which case has priority under these Rules.
Filing & Service rules
Electronic Filing Rules
Exhibits intended for a video conference hearing must be electronically filed with the District Clerk in PDF format, pre-marked, and filed before the proceeding as soon as possible after the hearing invitation.
Any exhibits a party intends to offer as evidence at the video conference hearing shall be e-filed and pre-marked in a PDF format with the District Clerk prior to the commencement of the court proceeding and as soon as possible after receipt of the video conference hearing invitation with copies transmitted to all parties and Tillie Serna, the court reporter at tillie.serna@nuecesco.com.
Page 2 | 6. Online Evidence Sharing
The sender must personally review court and clerk files to ensure electronically transmitted pleadings or documents are intact and present.
It shall be incumbent upon the sender to personally review court and clerk's files to insure the integrity or existence of electronically transmitted pleadings or documents.
Page 4 | ELECTRONICALLY TRANSMITTED PLEADINGS AND DOCUMENTS
Pleadings and documents may be filed electronically with the appropriate clerk and are treated as originals, subject to the cited statute.
Pleadings and documents may be filed by electronic transmission with the appropriate District or County Court Clerk, and shall be recognized and treated as originals, subject to 51.806 (b), TEXAS GOVERNMENT CODE.
Page 4 | ELECTRONICALLY TRANSMITTED PLEADINGS AND DOCUMENTS
Filing with one clerk does not file the document with the other, and electronic submissions must be addressed to the clerk appropriate for the case or procedure.
Filing with one Court Clerk does not effect filing with the other. Pleadings or documents electronically transmitted for filing must be addressed to the Clerk appropriate for the case or procedure.
Page 4 | ELECTRONICALLY TRANSMITTED PLEADINGS AND DOCUMENTS
Returns of service and bonds may not be filed electronically.
Returns of service and bonds may not be filed electronically.
Page 4 | ELECTRONICALLY TRANSMITTED PLEADINGS AND DOCUMENTS
Filing Timing and Cure Windows
Exhibits must be filed before the proceeding and as soon as possible after receipt of the hearing invitation.
Any exhibits a party intends to offer as evidence at the video conference hearing shall be e-filed and pre-marked in a PDF format with the District Clerk prior to the commencement of the court proceeding and as soon as possible after receipt of the video conference hearing invitation with copies transmitted to all parties and Tillie Serna, the court reporter at tillie.serna@nuecesco.com.
Page 2 | 6. Online Evidence Sharing
In cases filed on or after September 1, 2020, seeking more than $250,000 in damages, a 45-day notice is required when requesting a jury of more than six.
In cases filed on or after September 1, 2020, where the damages sought exceed $250,000, a forty-five-day notice is required ifa jury greater than six is requested.
Civil cases
Page 1 | Standing Order
The clerk must file-stamp electronically transmitted pleadings and documents on the next business day, showing the actual receipt time.
The Court Clerk shall file stamp such pleadings and documents in the same manner as original papers are handled, on the next business day, showing the actual time received.
Page 4 | ELECTRONICALLY TRANSMITTED PLEADINGS AND DOCUMENTS
An application for immediate or temporary relief must be filed and assigned to a Court before it is presented to a Judge, except in emergencies when the Clerk's office is closed.
Except in emergencies when the Clerk's office is not open for business, no applications for immediate or temporary relief shall be presented to a Judge until it has been filed and assigned to a Court as provided in these Rules.
Page 6 | RULE 6: TEMPORARY, EMERGENCY, AND EX PARTE ORDERS
The Case Information Sheet must be filed within 10 days after the original petition is filed; Attorney General Title IV-D cases are excepted from the case-plan requirement.
Each case filed in Nueces County Courts at Law and District Courts shall be governed by a discovery control plan and scheduling order, except for Attorney General Title IV-D cases. Such plan will be determined by the filing of a Case Information Sheet provided by the District Clerk. The Case Information Sheet must be filed within 10 days of the filing of any original petition.
Page 31 | RULE 4: PRE-TRIAL PROCEDURES
Applications must be filed with the District Clerk during business hours.
An application shall be filed with the District Clerk during business hours.
Page 40 | Rule 20.02. Filing of Application
The Reporter must file the original hearing notes in the cause file at the conclusion of the hearing.
At the conclusion of the hearing on an application the Reporter shall file the original notes, including any computer disks containing Such notes, Of the hearing in the file of the cause.
Page 42 | Rule 20.08. Reporter’s Record
The order takes effect when the original petition is filed, remains a Temporary Restraining Order for fourteen days, and continues as a Temporary Injunction if no party contests it at a hearing by then; it terminates upon a final order or dismissal.
This order is effective upon the filing of the original petition and shall remain in full force and effect as a Temporary Restraining Order for fourteen days after the date of the filing of the original petition. If no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of the filing of the original petition, this order shall continue in full force and effect as a Temporary Injunction until further order of the court. This entire order will terminate and will no longer be effective once the court signs a final order or the case is dismissed.
Page 50 | 7. SERVICE AND APPLICATION OF THIS ORDER.
A hearing may be postponed if exhibits are not e-filed in time.
If the exhibits are not e-filed in time for the hearing, the hearing may be postponed until said exhibits are e-filed.
Page 2 | 6. Online Evidence Sharing
Service and Proof of Service Rules
Copies of hearing exhibits must be transmitted to all parties and the court reporter.
Any exhibits a party intends to offer as evidence at the video conference hearing shall be e-filed and pre-marked in a PDF format with the District Clerk prior to the commencement of the court proceeding and as soon as possible after receipt of the video conference hearing invitation with copies transmitted to all parties and Tillie Serna, the court reporter at tillie.serna@nuecesco.com.
Page 2 | 6. Online Evidence Sharing
Filing Fees and Waivers
Court costs and fees are due when the pleading is received, may be paid by the listed methods or credited against advance court costs, and filing fees must be paid or charged to a credit card within seven days of filing.
Court costs and fees for such filings are due when the pleading is received and may be paid in cash, (credit card), check or money order, or may be credited against court costs posted in advance by a party; but filing fees must be paid or accessed against a credit card not later than 7 days of the filing.
Page 4 | ELECTRONICALLY TRANSMITTED PLEADINGS AND DOCUMENTS
Sealing & Redaction Procedures
An application order is confidential and may be released only to the listed persons or entities.
An Order of the Court regarding an application is confidential and privileged and is not subject to disclosure. b. The order may not be released to any person, except the following: 1. the pregnant minor; 2. the pregnant minor’s guardian ad litem; 3. the pregnant minor’s attorney: 4. another person designated by the minor to receive the Order; or, 5. a governmental agency or attorney in a criminal or administrative action seeking to assert or protect the interest of the minor.
Page 42 | Rule 20.09. Confidentiality of Order
On appeal, the Reporter must file the record in a sealed envelope and provide a copy to the Clerk for placement in the sealed cause file.
In the event of an appeal, the Reporter shall prepare the record according to the designation of record notice, shall file the record on appeal in a sealed envelope as in other appeals, and shall provide a copy thereof to the Clerk who shall place the copy in the sealed file of the cause.
Page 42 | Rule 20.08. Reporter’s Record
An order regarding an application is confidential and may be released only to the listed persons or entities.
An order of the Court regarding an application is confidential and privileged and is not subject to disclosure. b. The Order may not be released to any person, except the following: 1. the pregnant minor; 2. the pregnant minor’s guardian ad litem; 3. the pregnant minor’s attorney; 4. another person designated by the minor to receive the Order, or, 5. a governmental agency or attorney in a criminal or administrative action seeking to assert or protect the interest of the minor.
Page 43 | Rule 20.09. Confidentiality of Order
The record on appeal and the copy placed in the cause file must be handled in sealed form.
In the event of an appeal, the Reporter shall prepare the record according to the designation of record notice. shall file the record on appeal in a sealed envelope as in other appeals, and shall provide a copy thereof to the Clerk, who shall place the copy in the sealed file of the cause
Page 43 | Rule 20.08. Reporter’s Record
The Clerk must store all final and closed applications separately from other stored files.
The Clerk shall keep all final and closed applications in a place separate from all other files kept in storage.
Page 44 | Rule 20.10. Confidentiality of Records
The Clerk must deny access, including computer access, to all Chapter 33 application records.
The Clerk shall deny access, including computer access, to all records of applications filed under Chapter 33, Fam.C.
Page 44 | Rule 20.10. Confidentiality of Records
The Clerk must maintain a separate, secure filing and numbering system for all applications.
The Clerk shall establish and maintain a separate and secure filing and numbering system for all applications.
Page 44 | Rule 20.10. Confidentiality of Records
Only the assigned Judge or a person authorized by the Judge may unseal or open a sealed cause.
No person shall unseal or open a sealed cause other than the assigned Judge or a person authorized by the Judge.
Page 44 | Rule 20.11. Sealed Records
The Clerk must keep all listed application and case documents in a sealed envelope at all times, except while the cause is in the Judge’s possession.
Notwithstanding the provisions of Rule 76a, Tx.R.Civ.P., and pursuant to the legislative directive that all Chapter 33 proceedings are confidential and privileged and not subject to disclosure or to discovery, subpoena or other legal process, the Clerk shall keep the application, all pleadings, exhibits, written findings and conclusions, Orders and all other documents in the cause in a sealed envelop at all times, except when the cause is in the possession of the Judge.
Page 44 | Rule 20.11. Sealed Records
The Clerk may destroy an application only in the time and manner provided by law.
The Clerk may destroy an application in the time and manner provided by law.
Page 44 | Rule 20.10. Confidentiality of Records
Adjournment & Extension Requirements
Substitution or withdrawal of counsel cannot be grounds for a continuance or delay absent good cause.
Counsel wishing to substitute in, or withdraw from, representation in a civil or criminal case shall comply with TEXAS RULE OF COURT 10 and shall obtain the Court's written permission to do so. In the absence of good cause, such actions shall not be grounds for continuance nor delay of proceedings.
Page 9 | RULE 13: SUBSTITUTION OF/WITHDRAWAL OF COUNSEL IN CRIMINAL/CIVIL CASES
Nonjudicial resolutions may not delay scheduled proceedings unless the parties agree and reasonably expect the case to settle.
Non judicial resolutions shall not be used to delay scheduled proceedings. Parties may agree to such delays if there is a reasonable expectation the case will be settled.
Page 7 | RULE 7: SETTLEMENT AND ALTERNATIVE DISPUTE RESOLUTION
A conflicting jury-trial setting, by itself, is not a basis for continuing either or both cases.
The mere setting of a case for jury trial on a date that counsel already has a jury trial setting in another case in another Court is not, in and of itself, a basis for a continuance of either or both cases.
Page 55 | 5. Duty of Counsel
Chambers Communication Rules
Settings for matters to be heard by the Court must be obtained from the Court Coordinator.
Settings for any matter to be heard by the Court shall be obtained from the Court Coordinator.
Page 6 | RULE 4: PRE-TRIAL PROCEDURES
The Court Coordinator must be advised of any settlement as soon as practicable.
The Court Coordinator shall be advised as soon as practicable of any settlement, so that the case may be removed from the docket and that the attention of the Court may be turned to other cases.
Page 7 | RULE 7: SETTLEMENT AND ALTERNATIVE DISPUTE RESOLUTION
The Clerk must immediately give actual notice to the Court Coordinator or the Court’s Judge of a suggestion of death or information concerning bankruptcy proceedings.
The Clerk is to immediately give actual notice to the Court Coordinator or the Judge of the Court of any suggestion of death or information concerning bankruptcy proceedings.
Page 8 | RULE 9: BANKRUPTCY, SUGGESTION OF DEATH, ABATEMENT. SUSPENSE DOCKET IN CIVIL CASES
Counsel must stand at counsel table when addressing the Court and may approach the bench only with permission or at the Court's request.
(A) In addressing the Court, counsel shall rise and remain standing at their positions at counsel table. They shall not approach the bench except with permission of or on request of the Court.
Page 10 | RULE 18: CONDUCT AND DECORUM OF ATTORNEYS BEFORE THE COURT
Counsel and parties must not engage the Court in a confidential manner.
(B) Counsel or the parties shall not lean on the Bench, sit on rails or tables, or appear to engage the Court in a confidential manner.
Page 10 | RULE 18: CONDUCT AND DECORUM OF ATTORNEYS BEFORE THE COURT
The jail must contact the jail liaison court coordinator or the presiding County Court at Law judge for authorization and the amount of a personal recognizance bond.
The jail shall contact the jail liaison court coordinator or the presiding County Court at Law on jail issues for the month for authorization and the amount of the personal recognizance bond.
Page 52 | STANDING ORDER
Counsel must timely and promptly inform each affected court of conflicting jury-trial settings or other settings.
Counsel of record have a duty to timely and promptly inform the affected Courts of any conflicting jury trial settings or other settings.
Page 55 | 5. Duty of Counsel
c. A participant experiencing problems with the internet or with the video conference connection during the hearing, should call the court manager who will be on the video conference hearing at (361) 888-0596 or the court clerk at (361) 888-0630.
c. A participant experiencing problems with the internet or with the video conference connection during the hearing, should call the court manager who will be on the video conference hearing at (361) 888-0596 or the court clerk at (361) 888-0630.
Page 3 | Remote Participation
Counsel must address remarks to the Court, not to the Judge as an individual.
(G) All remarks of counsel to the Court shall be addressed to the Court and not to the Judge as an individual.
Page 10 | RULE 18: CONDUCT AND DECORUM OF ATTORNEYS BEFORE THE COURT
Counsel are admonished to follow applicable professional rules, particularly those concerning discussions with the Court outside the courtroom and without opposing counsel present; the Court will enforce those rules.
(F) All counsel are admonished to respect the letter and the spirit of all applicable rules or codes of professional responsibility, including, particularly those dealing with discussion of cases with the Court outside the Courtroom and not in the presence of opposing counsel. The Court shall enforce the same by appropriate action.
Page 10 | RULE 18: CONDUCT AND DECORUM OF ATTORNEYS BEFORE THE COURT
Hearing settings may be obtained from the Court Coordinator.
Settings for any matter to be heard by the Court may be obtained from the Court Coordinator.
Page 31 | RULE 4: PRE-TRIAL PROCEDURES