Orange County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Document Filing Requirements27 rules
Media must submit a written coverage request to the Court Coordinator at least 72 hours in advance, specifying the requested coverage and locations, signed by each agency’s agent, and acknowledging receipt of the rules.
The media shall notify the Court Coordinator of the District or County Court at Law in writing of their desire to record and/or broadcast a proceeding and request permission for such coverage at least seventy-two (72) hours in advance of any coverage. 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
DocumentMedia Coverage Notice
The order granting or denying such motion shall contain an order resetting the case for trial for a specific date and time.
DocumentContinuance Order
The party preparing the order shall obtain approval and signature as to form from the opposing counsel or self-represented litigant.
DocumentFinal Order
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.
DocumentFinal Order
The party preparing the order shall obtain approval and signature as to form from the opposing counsel and/or self-represented litigant.
DocumentInterim Order
File a verified motion for continuance and email the coordinator to request a court proceeding (by submission or in person) .
DocumentContinuance Motion
An application for an ex parte order must include a written certification, made when presented, addressing opposing-party representation and notice to opposing counsel or the basis for attempting or waiving notice.
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.
DocumentEx Parte Order Application
When temporary support or expense division is requested, the specified financial and income documents must be provided, including proof of expenses for 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.
DocumentTemporary Support Request
Motions to Withdraw must comply with all requirements of Tex. R. Civ. P. 10.
DocumentMotion To Withdraw
A subpoena must include a certificate stating either the details and outcome of the contact attempt or the conference and the applicable reasons.
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).
DocumentSubpoena
The withdrawal motion and order must contain the client's last known physical and email address.
DocumentMotion To Withdraw
Discovery sanctions motions, requests for rulings on discovery objections, and motions to compel must identify in the motion's body the disputed request, 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.
DocumentDiscovery Motion
A withdrawal motion may proceed under this option only with the specified client notice, mailing certification, and absence of an objection within 10 days after mailing.
(c) The motion is accompanied by a letter than notifies the client of the client's right to object to the withdrawal within 10 days of the date the letter was mailed, the withdrawing attorney certifies that the motion and letter were sent to the client's last known address by both certified and regular first class mail, and no objection was filed or received.
DocumentMotion To Withdraw
The Scheduling Order filed after conferring 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.
DocumentScheduling 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.
DocumentLetter
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.
DocumentProperty Inventory
This 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.
DocumentProposed Jury Charge And Motion In Limine
All proposed exhibits should be pre-marked and exchanged before this court proceeding takes place.
DocumentProposed Exhibits
Counsel for Petitioner shall be responsible for preparing a comparative inventory with a proposed or requested division of property and debts.
DocumentComparative Inventory
This pre-trial court proceeding is required and must be included in the scheduling order at the time of filing.
DocumentScheduling Order
The parties are required to submit a proposed jury charge and Motions in Limine to the Court at the pre-trial proceeding.
DocumentProposed Jury Charge And Motions In Limine
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.
DocumentFinancial Information Statement
In every case involving children, the parties must file a pleading or statement describing health insurance for the children.
DocumentPleading Or Statement
If signatures are not obtained then a motion to enter the judgment or order should be set for oral hearing or by submission.
DocumentMotion To Enter Order
If signatures are not obtained then a motion to enter the judgment or order should be set for oral hearing or by submission.
DocumentMotion To Enter Order
If the parties are not able to agree to a mediator, they should submit a letter with their scheduling order stating that they could not agree and request the Court to appoint a mediator.
DocumentLetter
Some of the courts provide pre-printed forms for some interim orders and those may be used or counsel can prepare his/her own.
DocumentInterim Order
Filing & Service rules
Electronic Filing Rules
Self-represented litigants must e-file if direct filing with the District Clerk is unavailable.
If direct filing with the District Clerk is not available, self-represented litigants must use the electronic e-filing system.
Page 2 | 2.3. Document Filing and Electronic Filing
Attorneys must use the State-mandated electronic e-filing system.
Attorneys must use the electronic e-filing system as mandated by the State of Texas.
Page 2 | 2.3. Document Filing and Electronic Filing
Submit requests for ex parte relief electronically.
3.4.1. Please submit your request for ex parte relief electronically.
Page 4 | 3.4. Ex Parte Relief
When dates cannot be agreed to, the letter and signature-request attempts should be e-filed.
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.
Page 7 | 5.2 Bench Trials
After receiving trial dates and conferring with the opposing side, parties should e-file the Court’s Scheduling Order form with 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.
Page 7 | 5.2 Bench Trials
Self-represented litigants may e-file or file documents directly with the District Clerk, subject to the Clerk’s discretion.
Self-represented litigants may use the electronic filing system or file documents directly with the District Clerk, at the discretion of the District Clerk.
Page 2 | 2.3. Document Filing and Electronic Filing
Filing Timing and Cure Windows
A written motion to retain must be filed before the dismissal date stated in the notice or the case will be dismissed.
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.
Page 5 | RULE 6 DISMISSAL DOCKET/INVOLUNTARY DISMISSALS — 6.3 Motion to Retain
An attorney who settles or dismisses a case set for trial must notify the court as soon as possible, and final judgment must be entered within 30 days after settlement.
When an attorney settles or dismisses a case which is set for trial, he/she shall give notice to the court as soon as possible and a final judgment shall be entered in that court within 30 days after the settlement is reached.
Page 6 | RULE9 SETTLEMENTS
Unless the Court orders otherwise, the parties must submit a written final judgment or order indicating whether all parties approve it as to form or substance within 30 days after a specified settlement, rendition, or verdict.
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.
Page 7 | 4.5 Final Judgments Due Within 30 Days
Mediation must be completed at least 14 days before a scheduled final court proceeding or trial expected to exceed three hours.
Mediation is required and must be completed at least fourteen (14) days before any scheduled final court proceeding or trial that is expected to exceed three hours of court time.
Page 8 | 5.4 Mediation
A property-division inventory must be filed at least seven days before the final court proceeding.
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.
Page 8 | 5.5 Property Division
If a final judgment is not submitted within 30 days, the Court may presume the parties intend dismissal with prejudice and may tax costs at its discretion.
If a final judgment is not submitted to the Court within 30 days, the Court may presume that the parties intend for the case to be dismissed with prejudice with costs taxed at the Court's discretion.
Page 7 | 4.5 Final Judgments Due Within 30 Days
If opposing counsel has not objected within ten days after receipt of the letter, the Scheduling Order may then be filed for the Court to sign and enter.
After ten days of receipt of your letter and no objection from opposing counsel, you may then file the Scheduling Order and the Court will sign and enter the scheduling order and set the case for trial per the scheduling order.
Page 8 | 5.2 Bench Trials
Service and Proof of Service Rules
Attorneys requesting a hearing should submit the request in writing to the court where the matter is pending and must serve all counsel and self-represented parties with hearing notice.
Requests for hearing should be made in writing to the court in which the matter is pending in accordance with these rules, and the attorneys making such request shall serve all counsel and parties appearing prose with notice of the hearing.
Page 4 | 5.2 Setting Requests
The clerk or court coordinator must promptly send notice of intent to dismiss to attorneys of record and pro se parties with an address in the clerk’s file, and file a copy of the notice.
When a case has been placed on the dismissal docket, the District Clerk and/or the court coordinator shall promptly send notice of the courts intention to dismiss for want of prosecution to each attorney of record and pro se party whose address is shown in the clerk's file. A copy of such notice shall be filed in the court's file .
Page 5 | RULE 6 DISMISSAL DOCKET/INVOLUNTARY DISMISSALS — 6.2 Notice
The attorney or self-represented litigant who sets a hearing must notify the opposing parties and their attorneys through electronic filing and email.
It is the responsibility of the attorney or self-represented litigant who sets a hearing to notify the opposing party(ies) and their attorneys of the hearing via electronic filing and email.
Page 1 | 2.1. Contact Information
Advance notification is not required for the specified protective-order applications or when the application states the described imminent-harm or interference risks.
Advance notification is not required if: (a) the application is for a protective order under Title 4 of the Texas Family Code or Article 7A of the Texas Code of Criminal Procedure; (b) the application sets forth a reasonable basis for believing that irreparable harm is likely imminent and there is insufficient time to notify opposing counsel or parties; or (c) the application sets forth a reasonable basis for believing that notifying the opposing counsel or party would impair the Court's ability to grant relief due to the danger that the subject matter of the application could be compromised, removed, or destroyed.
Page 4 | 3.4. Ex Parte Relief
These items should be exchanged at least twenty-four hours before the scheduled temporary court proceeding.
These items should be exchanged at least twenty-four hours before the scheduled temporary court proceeding.
Page 5 | 3.5. Temporary Orders Court Proceedings
Sealing & Redaction Procedures
In felony cases, the District Clerk must seal these notices and attachments upon filing and prevent public access.
1. The District Clerk of Orange County, Texas shall seal upon filing and prevent the public from viewing any Notice of Intent to Use Child Abuse Victim's Hearsay Statements and any attachments in felony cases before the courts.
Criminal cases
Page 1 | ORDERS
Attorneys and self-represented litigants must redact sensitive data before filing, may include a sensitive-data notice when disclosure is required by law, and must resubmit a redacted substitute if unredacted sensitive data was filed.
2.4.1. All attorneys and self-represented litigants must follow Tex. R. Civ. P. 21 c and must redact sensitive date before filing documents. If the inclusion of sensitive data is required by law, then the documents may be marked with a notice that the document contains sensitive data; otherwise the document must not contain that notice. If a party has filed a document containing un-redacted sensitive data, the party must resubmit a redacted substitute document.
Page 2 | 2.4. Sensitive Data and Initials
The courts and defense attorney are entitled to view the notices and attachments despite their sealing.
2. The courts and the defense attorney shall be entitled to view the Notice of Intent to Use Child Abuse Victim's Hearsay Statements and any attachments.
Criminal cases
Page 1 | ORDERS
Pre-Motion Conference Requirements
Cases being called to jury trial must have a final in-person pretrial court proceeding.
A final in-person pre-trial court proceeding is required for those cases being called to jury trial.
Page 8 | 5.3 Jury Trials
Adjournment & Extension Requirements
A motion to continue a trial setting must be presented under the docket control order or the Texas Rules of Civil Procedure, even if all parties agree.
Any motion for continuance of the trial setting shall be presented to the court pursuant to the docket control order, or the Texas Rules of Civil Procedure, regardless if said motion is agreed to by all parties.
Page 6 | RULE 7 CONTINUANCES
Court approval is required for any request to continue the final trial date, including an agreed request.
Court approval is required for any request for a continuance of the final trial date, even if the request is agreed to by all parties.
Page 3 | 3.2. Continuances
Failure to mediate is not a basis for a requested continuance.
The failure to mediate will not be considered a basis for any requested continuance .
Page 3 | 3.2. Continuances
A party may move for additional time to submit a written final judgment or order.
A party my file a motion to request for additional time to submit a written final judgment or order.
Page 7 | 4.5 Final Judgments Due Within 30 Days
Chambers Communication Rules
A party who is not setting the proceeding but later determines an interpreter is needed must notify the Court at least three business days before the proceeding.
If you are not the party setting the court proceeding and later determine that an interpreter is necessary, you must notify the Court at least three (3) business days before any court proceeding if an interpreter is necessary.
Page 5 | 3.7 Interpreters
The proposed jury charge and Motion in Limine may be submitted by emailing the Court in Word or editable PDF format and copying opposing counsel.
This 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.
Page 8 | 5.3 Jury Trials
Email the coordinator to request a court proceeding on a continuance, either by submission or in person.
File a verified motion for continuance and email the coordinator to request a court proceeding (by submission or in person) .
Page 3 | 3.2. Continuances
If a motion for ex parte relief and proposed order are submitted through e-filing, call or email the Court Coordinator to request action on the request.
If you file a motion requesting ex parte relief and submit your proposed order through e-filing, please call or email the Court Coordinator and let them know that you want action taken on the request.
Page 4 | 3.4. Ex Parte Relief
If interpreters are needed for any court proceeding, please advise the Court when setting the case for court proceeding and let the Court know if additional time will be necessary because of the interpreter(s).
If interpreters are needed for any court proceeding, please advise the Court when setting the case for court proceeding and let the Court know if additional time will be necessary because of the interpreter(s).
Page 5 | 3.7 Interpreters
Please contact the Court Coordinator before the court proceeding date to ensure the child interview is properly scheduled on the Court's calendar.
Please contact the Court Coordinator before the court proceeding date to ensure the child interview is properly scheduled on the Court's calendar.
Page 5 | 3.6 Child Interviews/Testimony
When scheduling a final court proceeding or trial, parties should tell the coordinator how many hours they are requesting.
When scheduling final court proceedings or trials, please let the coordinator know the number of hours that you are requesting for the final court proceeding .
Page 7 | 5.1 Scheduling