Orange County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Comparative inventory

Counsel for Petitioner is responsible for preparing a comparative inventory with a proposed or requested division of property and debts.

Counsel for Petitioner shall be responsib le for preparing a comparative inventory with a proposed or requested division of property and debts .

CRITICAL

Applies to

Small estate affidavit

Small estate affidavits must use the Court’s approved form.

ADMINISTRATIVE ORDER REQUIRING THE USE OF THE COURT'S APPROVED FORM FOR SMALL ESTATE AFFIDAVITS

CRITICAL

Applies to

Temporary support proceeding

When temporary support or expense relief is requested, the specified financial and income documents must be provided, including proof of expenses in temporary spousal support cases.

If you are asking the Court to order temporary spousal support, child support or to divide expenses (or if you are the opposing party or counsel, and opposing party's pleadings request such), you must provide a financial information statement, paystubs, or other income reporting documents, as well as proof of expenses for temporary spousal support cases.

CRITICAL

Applies to

Annual report on condition and well being of ward

The annual report on a ward’s condition and well-being must use the Court’s approved form.

ADMINISTRATIVE ORDER REQUIRING THE USE OF THE COURT'S APPROVED FORM FOR ANNUAL REPORT ON THE CONDITION AND WELL-BEING OF THE WARD

CRITICAL

Applies to

Inventory

A property-division filing must include a sworn, verified inventory listing all assets and debts.

If the parties are asking the Court to divide property, a sworn, verified inventory listing all assets and debts must be filed at least seven (7) days before any final court proceeding.

CRITICALCivil cases

Applies to

Small estate affidavit

Small Estate Affidavits filed after October 1, 2016 must use the Court-approved form or a future modification of that form to be approved.

IT IS THEREFORE ORDERED that the County Court at Law will not approve any Small Estate Affidavits filed after October 1, 2016 unless the Court's approved form is used (or whatever modification of the approved form is made available in the future).

CRITICAL

Applies to

Certificate of conference

Must include

certificate of conference

A certificate of conference must report that the filer conferred or made a reasonable attempt to confer with all other parties about the motion’s merits.

As required by CCAL Administrative Order 2019-1, and/or TRCP 191.2, I certify that I have conferred, or made a reasonable attempt to confer, with all other parties-which are listed below-about the merits of this motion with the following results:

CRITICAL

Applies to

Notice of intention to dismiss

A copy of the notice of intent to dismiss must be filed in the court’s file.

A copy of such notice shall be filed in the court's file.

CRITICAL

Applies to

Ex parte application

When presenting an ex parte application, counsel or the party must provide a written certification stating either that the opposing party is unrepresented or, if represented, that counsel was notified and does not wish to be heard, or that diligent notification efforts failed or waiver is warranted.

Counsel or parties presenting any application for an ex parte order shall, at the time the application is presented to the Court, certify in writing that: (a) to the best of counsel's or the party's knowledge, the party against whom the relief is sought is not represented by counsel ; or (b) if the party against whom the relief is sought is represented by counsel , that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon ; or (ii) counsel or the party presenting the application has diligently attempted to notify opposing counsel , has been unable to do so, and/or the circumstances warrant waiver of notification.

CRITICAL

Applies to

Final order

When the court renders an oral final order, a party must prepare a written final order that complies with the ruling.

In the event that the court renders an oral final order, the court shall require a party to prepare a written final order complying with the court's ruling.

CRITICAL

Applies to

Withdrawal motion and order

A withdrawal motion and its order must contain the client's last known physical and email address.

The withdrawal motion and order must contain the client's last known physical and email address.

CRITICAL

Applies to

Scheduling order

The Scheduling Order must specify the tasks to be completed at or before the pretrial proceeding, including expert challenges, proposed jury charges, premarked exhibits, and witness lists.

The scheduling order specifies the many tasks that must be completed at or before the pre-trial court proceeding , including expert challenges , proposed jury charges, per-marked exhibits (and stipulated exhibits), witness lists , etc.

CRITICAL

Applies to

Subpoena

A subpoena must include a certificate describing either the unsuccessful timely contact attempt or the conference and resulting disagreement or reasons the requested documents were critical.

4.1.2 Certificate Requirement. The subpoena must include a certificate that provides the following information : (a) The party timely attempted to contact the legal representative or chief executive officer on (list dates, times, methods of contact, and persons contacted) and provide a detailed message alerting the person of the reasons for the subpoena , but received no response; or (b) The party conferred with an authorized representative and was unable to agree on a representative to appear or provide documents sought were critical for the following reasons: (list all reasons that apply) .

CRITICAL

Applies to

Continuance motion

A continuance request must be made by verified motion.

File a verified motion for continuance

CRITICALCivil cases

Applies to

Request for access to confidential dfps court records

Must include

case number

The access request form asks for the cause number, requestor and agency name if applicable, contact information, reason for the request, signature, and date signed.

1. CAUSE NUMBER: 2. NAME OF REQUESTOR AND AGENCY NAME AS APPLICABLE: 3. ADDRESS OF REQEUSTOR: 4. EMAIL ADDRESS OF REQUESTOR: 5. TELEPHONE NUMBER OF REQUESTOR: 6. REASON FOR REQUEST: SIGNATURE OF REQUESTOR: DATE SIGNED:

CRITICAL

Applies to

Order to report fees

A person seeking court-authorized payment of fees must submit a completed Order to Report Fees, to the extent possible, with the related motions and orders; the Court will not approve payment until it receives the form.

Any person in any case in which the court has appointed a person/entity which will require the payment of fees, including but not limited to civil, criminal, family, probate, juvenile, and mental health cases, shall complete (to the extent possible) and submit to the County Court at Law an "Order to Report Fees" (see attached), along with any other motions for, and orders authorizing, the payment of such fees. IT IS FURTHER ORDERED that the Court will not approve the payment of any fees in said cases until such time as the Court has received the completed "Order to Report Fees.

CRITICAL

Applies to

Scheduling order

Cases being called to jury trial must have a final in-person pretrial proceeding, and the proceeding must be included in the Scheduling Order when it is filed.

A final in-person pre-trial court proceeding is required for those cases being called to jury trial. This pre-trial court proceeding is required and must be included in the scheduling order at the time of filing .

CRITICAL

Applies to

Final judgment or order

Unless the Court orders otherwise, parties must submit a written final judgment or order within 30 days of the specified case-resolution event and indicate whether all parties approve it as to form or substance.

Unless the Court orders otherwise, within 30 days after any reported settlement, mediated settlement agreement that disposes of all issues, rendition , or verdict, parties shall submit to the Court a written final judgment or order, indicating whether it is approved by all parties as to form or substance.

CRITICAL

Applies to

Proposed jury charge and motion in limine

The parties must submit a proposed jury charge and motions in limine at the pretrial proceeding; they may email them to the Court in Word or editable PDF format while copying opposing counsel.

The parties are required to submit a proposed jury charge and Motions in Limine to the Court at the pre-trial proceeding . Th is can be done by emailing the Court with the proposed charge and Motion in Limine in Word or editable PDF format and copying opposing counsel.

CRITICAL

Applies to

Discovery motion

Discovery-sanctions motions, requests for rulings on discovery objections, and motions to compel must identify in the motion body the disputed discovery request and the disputed objection and answer or response.

All motions for discovery sanctions, request for rulings on discovery objections, and motions to compel discovery shall set out within the body of the motion the interrogatory or request which is in dispute, and the objection and answer or response which is in dispute, so that all matters necessary for the Court's consideration are set out in the pleadings.

CRITICAL

Applies to

Pleading or statement

In every case involving children, the parties must file a pleading or statement describing the children’s health insurance.

In every case involving children , the parties must file a pleading or statement describing health insurance for the children.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A motion may not be filed and no hearing may be set without a certificate of conference signed by movant’s counsel stating one of the specified conference, contact, or unopposed-motion alternatives; the certificate requirement does not apply to the listed motions.

Except as provided in Paragraph 4, no counsel for a party shall file, nor shall any hearing be set, for any motion unless accompanied with a Certificate of Conference (SEE ATTACHED EXAMPLE) signed by counsel for movant and stating: (a) Counsel for movant and counsel for respondent have personally conducted a conference at which there was a substantive discussion of the issues raised in this motion and, despite best efforts, the counsel have not been able to revolve those matters presented. (b) Counsel for movant has personally attempted to contact the counsel for respondent to resolve the matters presented, but counsel for respondent has failed to respond or attempt to resolve the matters presented (and, if applicable, describe in detail the attempts made to contact opposing counsel). (c) Counsel for movant has conferred with opposing counsel on the merits of the issues contained in this motion, and opposing counsel has indicated that the motion is unopposed. 4. The requirement for a Certificate of Conference set forth in this order does not apply to 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

Media notice

The notice must specify the requested coverage and locations, be signed by an agent of each media agency covering the proceeding or trial, and acknowledge receipt of the Media Plan; the available text ends before completing the final requirement.

The notice shall include any specific requests , such as broadcasting, photographing, audio recording , or video recording by any means and the location(s) requested , i.e. , inside the courtroom and/or inside the courtroom building. The notice shall be signed by an agent of each specific media agency that intends to cover a proceeding or a trial, and the notice shall contain an acknowledgement that such media agency and agent has received a copy of this

CRITICAL

Applies to

Scheduling order

The Court's form Scheduling Order must include the trial date and mediation details.

After receiving trial dates and conferring with the opposing party or counsel , please e-file the Court's form Scheduling Order (available on the Court's website) with the trial date and mediation details.

CRITICAL

Applies to

Interim order

The preparer of an interim order must obtain opposing counsel’s and/or the self-represented litigant’s approval and signature as to form.

The party preparing the order shall obtain approval and signature as to form from the opposing counsel and/or self-represented litigant.

CRITICAL

Applies to

Vacation designation

Lead counsel and self-represented litigants may designate up to four vacation weeks per year; written designations must be filed by the deadline applicable to the selected weeks.

Attorneys (lead counsel only) and self-represented litigants may designate not more than four weeks of vacation during a calendar year, during which that attorney or self-represented litigant will not be required to participate in any trials, court proceedings, depositions, or mediations related to cases. Written designation for vacation weeks during June, July or August must be filed with the District Clerk, and each Court, by May 15. Written designation for vacation weeks in months other than June, July or August must be filed by February 1.

CRITICAL

Applies to

Financial information statement

Parties seeking spousal support or expense division in the Final Decree must provide a financial information statement listing income and expenses.

If a party is asking the Court to order spousal support or divide expenses in the Final Decree, the parties must provide a financial information statement listing income and expenses.

CRITICAL

Applies to

Final order

The preparer of a final order must obtain opposing counsel’s or the self-represented litigant’s approval and signature as to form.

The party preparing the order shall obtain approval and signature as to form from the opposing counsel or self-represented litigant.

CRITICAL

Applies to

Continuance order

An order granting or denying a continuance motion must reset the case for trial to a specific date and time.

The order granting or denying such motion shall contain an order resetting the case for trial for a specific date and time.

CRITICAL

Applies to

Order to report fees

For matters requiring a fee to be approved or ordered by the County Court at Law, the Order to Report Fees must be completed and submitted.

ORDER REQUIRING COMPLETION AND SUBMISSION OF "ORDER TO REPORT FEES" FOR MATTERS WHEREIN FEE IS REQUIRED TO BE APPROVED/ORDERED BY THE COUNTY COURT AT LAW

CRITICAL

Applies to

Motion to retain

The motion to retain must be written.

Unless a written motion to retain has been filed prior to the dismissal date as set forth in notice of intention to dismiss, such case shall be dismissed.

WARNING

Applies to

Letter

If the parties cannot agree on a mediator, they should submit a letter with the Scheduling Order stating that they could not agree and requesting that the Court appoint a mediator.

If the parties are not able to agree to a mediator, they shou ld submit a letter with their scheduling order stating that they could not agree and request the Court to appoint a mediator.

WARNING

Applies to

Letter

If the parties cannot agree on trial dates, the letter should describe the efforts made and include all attempts to obtain a signature on the Scheduling Order.

If dates cannot be agreed to , please e- file a letter describing your efforts and attach all attempts at obtaining a signature for the scheduling order.

WARNING

Applies to

Exhibits

All proposed exh ibits should be pre-marked and exchanged before this court proceeding takes place.

All proposed exh ibits should be pre-marked and exchanged before this court proceeding takes place.

WARNINGCivil cases

Applies to

Confidential case file access request

A person or entity seeking access to a confidential case file may submit a request to the Court using Exhibit A.

Any other person or entity requesting access to a confidential case file subject to this standing order may submit a request to the Court using the form attached as Exhibit "A".