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Court Rules
Judge

Judge Curtis W. Brancheau

Individual Rules, Standing Orders & Policies

Rules last changed:
Ochiltree County District Court, Texas

Adjournments

  • An objection to an immediate jury-trial setting must be made by verified motion for continuance within 14 days after receiving the request, with detailed grounds.
  • Continuance requests must be written, comply with applicable rules, and state the reason for delay in detail; noncompliant requests will not be considered.

Request must include

Reason for Request
Filters:

Document Filing Requirements8 rules

Filing RequirementsCivil cases

The Petitioner must attach this order to the original petition and each copy, and the Clerk must ensure the copies are attached if the Petitioner has not done 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.

Tx Ochiltree District:00367c256b9e93d341bb61c4 · p. 4
|Section7. SERVICE AND APPLICATION OF THIS ORDER.
Filing RequirementsCivil cases

When temporary spousal or child support is at issue, each party must provide payroll statements, pay stubs, W-2s, and 1099s evidencing earnings for the prior calendar year and the current year through the hearing date.

Court's wording

In all cases in which temporary support of a spouse and/or the child is in issue, each party shall be required to furnish: 13.3 All payroll statements, pay stubs, W2 forms, and 1099 forms which evidence that party’s earnings for the calendar year prior to the temporary hearing and from January 1 of the current year through the date of the temporary hearing.

Tx Ochiltree District:00367c256b9e93d341bb61c4 · p. 5
|Section13. DOCUMENTS REQUIRED IN TEMPORARY HEARINGS
Filing RequirementsCivil cases

When temporary spousal or child support is at issue, each party must provide a monthly income and expenses statement in a substantially similar or court-approved form.

Court's wording

In all cases in which temporary support of a spouse and/or the child is in issue, each party shall be required to furnish: 13.1 A statement of monthly income and expenses in a form substantially similar to the form found in the current Texas Family Law Practice manual published by the State Bar of Texas or in a form approved by this Court.

Tx Ochiltree District:00367c256b9e93d341bb61c4 · p. 5
|Section13. DOCUMENTS REQUIRED IN TEMPORARY HEARINGS
Filing RequirementsCivil cases

In all cases in which temporary support of a spouse and/or the child is in issue, each party shall be required to furnish: 13.2 Copies of that party’s federal income tax returns for the two calendar years prior to the temporary hearing.

Tx Ochiltree District:00367c256b9e93d341bb61c4 · p. 5
|Section13. DOCUMENTS REQUIRED IN TEMPORARY HEARINGS
Filing RequirementsCivil cases

When property or debts are at issue, each party must file a proposed property division form covering the parties’ property and liabilities; use of a substantially similar manual form or a court-approved form is recommended.

Court's wording

In all cases in which the character, value or division of property or debts is in issue, each party shall file a proposed property division form including all of the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties. It is recommended that each party file this proposed property division form in a form substantially similar to the form found in the current Texas Family Law Practice manual published by the State Bar of Texas or in a form approved by the Court.

Tx Ochiltree District:00367c256b9e93d341bb61c4 · p. 5
|Section14. PROPOSED PROPERTY DIVISION FORM REQUIRED
Filing Requirements

A certificate of conference is required for all settings in which the requesting attorney is aware of the existence of opposing counsel.

Document
Setting request

Must include

  • Certificate of conference
Filing Requirements

No less than one (1) week before trial, any suggested special issues are to be provided to the Court as well as a brief summation of the case and a proposed jury charge. Said summation and jury charge are to be mailed, faxed, or emailed to the Judge and not filed with the Clerk.

Filing Requirements

In all cases where support, either temporary or final, is an issue, financial information statements shall be filed before the temporary hearing, per 84th District Court Standing Order.

Filing & Service rules

Electronic Filing Rules

Setting requests must be made through the Court’s website and include an estimate of the required time.

All requests for setting **must be made through the Court's website**, 84thcourt.com, and contain an estimate of the length of time required to conduct the trial or hearing with a copy of same sent to opposing counsel and the District Clerk of the county the case is filed in.

Page 1 | Settings

Service and Proof of Service Rules

A copy of each setting request must be sent to opposing counsel and the county District Clerk.

All requests for setting **must be made through the Court's website**, 84thcourt.com, and contain an estimate of the length of time required to conduct the trial or hearing with a copy of same sent to opposing counsel and the District Clerk of the county the case is filed in.

Page 1 | Settings

Adjournment & Extension Requirements

Continuance requests must be written, comply with applicable rules, and state the reason for delay in detail; noncompliant requests will not be considered.

All motions for continuance shall be made in writing and comply with any applicable rules. The motion or request shall state, in detail, the reason for the delay. **A motion for continuance will not be considered unless the foregoing has been complied with.**

Page 1 | Motions for Continuance

An objection to an immediate jury-trial setting must be made by verified motion for continuance within 14 days after receiving the request, with detailed grounds.

If opposing counsel objects to the immediate setting of a case for jury trial, they must file a verified motion for continuance, within 14 days of receipt of said request, setting out their grounds for continuance in detail (e.g., additional discovery is required, material witnesses are unavailable, etc.).

Page 1 | Jury Trials

Common questions about Judge Curtis W. Brancheau's rules

What must be included with petition filings before Judge Curtis W. Brancheau?

The Petitioner must attach this order to the original petition and each copy, and the Clerk must ensure the copies are attached if the Petitioner has not done so.

View ruleSource: page 4, section 7. SERVICE AND APPLICATION OF THIS ORDER.

What must be included with temporary hearing documents filings before Judge Curtis W. Brancheau?

When temporary spousal or child support is at issue, each party must provide a monthly income and expenses statement in a substantially similar or court-approved form.

View ruleSource: page 5, section 13. DOCUMENTS REQUIRED IN TEMPORARY HEARINGS

How do I request an adjournment or extension before Judge Curtis W. Brancheau?

The request must include reason for request. An objection to an immediate jury-trial setting must be made by verified motion for continuance within 14 days after receiving the request, with detailed grounds.

View ruleSource: page 1, section Jury Trials

Is electronic filing required before Judge Curtis W. Brancheau?

Yes. Electronic filing is required for the covered filings. Setting requests must be made through the Court’s website and include an estimate of the required time.

View ruleSource: page 1, section Settings

What rule applies to serving the opposing party before Judge Curtis W. Brancheau?

Details: recipient: the opposing party. A copy of each setting request must be sent to opposing counsel and the county District Clerk.

View ruleSource: page 1, section Settings
Complete rules summary for Judge Curtis W. Brancheau

The Petitioner must attach this order to the original petition and each copy, and the Clerk must ensure the copies are attached if the Petitioner has not done so.

When temporary spousal or child support is at issue, each party must provide a monthly income and expenses statement in a substantially similar or court-approved form.

When temporary spousal or child support is at issue, each party must provide copies of their federal income tax returns for the two calendar years before the hearing.

When temporary spousal or child support is at issue, each party must provide payroll statements, pay stubs, W-2s, and 1099s evidencing earnings for the prior calendar year and the current year through the hearing date.

When property or debts are at issue, each party must file a proposed property division form covering the parties’ property and liabilities; use of a substantially similar manual form or a court-approved form is recommended.

Setting requests must be made through the Court’s website and include an estimate of the required time.

A copy of each setting request must be sent to opposing counsel and the county District Clerk.

A setting request requires a certificate of conference when the requesting attorney knows opposing counsel exists.

An objection to an immediate jury-trial setting must be made by verified motion for continuance within 14 days after receiving the request, with detailed grounds.

At least one week before trial, suggested special issues, a brief case summation, and a proposed jury charge must be provided to the Court; the summation and charge must be sent to the Judge and not filed with the Clerk.

When temporary or final support is at issue, financial information statements must be filed before the temporary hearing.

Continuance requests must be written, comply with applicable rules, and state the reason for delay in detail; noncompliant requests will not be considered.