Palo Pinto County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- The Court must consider on the record objections or motions related to continuing a jury proceeding at least seven days beforehand, or as soon as practicable if made or filed within seven days of the proceeding.
- The Court must be notified within ten days after receipt of a setting notice if an attorney or litigant has a conflict or cannot appear; otherwise, the setting is firm and may be passed only by mutual agreement with the Court’s consent or by a proper motion for continuance granted after a hearing.
Communication
Phone
Document Format Requirements2 rules
Exhibits offered at a hearing must be delivered in hard copy to the Court Reporter by 4 p.m. the day before the hearing; email is not accepted, and untimely exhibits may not be considered or maintained in the record.
- File type
- Paper
- Exhibits
Court's wording
If you intend to offer any exhibits during the hearing, you need to provide a hard copy to the Court Reporter at 520 Oak Street, Palo Pinto, Texas 76484, no later than 4 p.m. the day before the hearing. Emails to the Court Reporter are not acceptable. The Court cannot consider any exhibits not provided to the court reporter in a timely manner. If you fail to follow this requirement, the court reporter will not maintain these documents in the record.
Exhibits intended for a hearing must be provided to the Court Reporter as hard copies by 4 p.m. the day before the hearing; emailed exhibits are unacceptable, and untimely exhibits may not be considered or maintained in the record.
- File type
- Paper
- Exhibits
Court's wording
If you intend to offer any exhibits during the hearing, you need to provide a hard copy to the Court Reporter at 520 Oak Street, Palo Pinto, Texas 76484, no later than 4 p.m. the day before the hearing. Emails to the Court Reporter are not acceptable. The Court cannot consider any exhibits not provided to the court reporter in a timely manner. If you fail to follow this requirement, the court reporter will not maintain these documents in the record.
Document Filing Requirements17 rules
Juror summonses must include information about health and safety precautions and COVID-19 exposure or vulnerability questionnaires.
Court's wording
Courts must include with juror summonses information on precautions that have been taken to protect the health and safety of prospective jurors and COVID questionnaires that elicit from prospective jurors information about their exposure or vulnerability to COVID-19.
Requests for regular trial settings for all civil jury and non-jury matters shall be in writing and forwarded to the Court, opposing counsel or pro se litigants.
A written trial-setting request must certify the status of pleadings, pretrial needs, discovery, ad litem appointments, service, any jury fee, and service of the request on counsel and pro se parties.
Court's wording
A written request for a setting shall certify; 1) That the requesting party's pleadings are in order; 2) Whether or not a pre-trial setting is necessary; 3) That all necessary discovery has been completed and all necessary ad litem appointments have been made; 4) That service has been perfected on all necessary parties; 5) That a jury fee; if applicable, has been paid; and 6) That a copy of the request has been served on all counsel and pro se parties.
3.1 Immediately upon employment, the defense attorney shall give written notice thereof to the Court, District Attorney, and the District Clerk stating the name of the accused, the offense(s) charged and cause number, if known.
5.5. In all civil jury trial cases, anticipated special issues, definitions and instructions shall be submitted to the Court in writing at or prior to the beginning of the trial.
An attorney of record must obtain leave of Court to withdraw and accompany the motion with client consent, another lawyer’s representation certificate, or the specified mailed notice and attached letter.
Court's wording
No attorney of record shall be permitted to withdraw from any case without presenting a motion, and obtaining from the Court an order granting leave to withdraw. Such motion shall be accompanied by the client's written consent to such withdrawal or a certificate by another lawyer that he has been employed to represent the client in the case, or a copy to such motion shall be mailed to the client at his/her last known address, with a letter advising that the motion will be presented the Court on or after a certain hour, no less than five (5) days after mailing the letter, and that any objection to such withdrawal should be made to the Court in writing before such time and a copy of such letter shall be attached to such motion.
In all divorce cases where division of property is in issue each party shall file a sworn inventory and appraisal of all community and separate assets and liabilities.
In all divorce cases where child support is in issue, each party shall file evidence of income such as payroll check subs or other payroll records.
After leave is granted, the withdrawing attorney shall send the client a letter by certified mail notifying him/her of the withdrawal, stating any settings for trial or otherwise and advising him/her to secure other counsel, and shall send a copy of such letter to opposing counsel and the Clerk of the Court.
The petitioner must attach this order to the original petition and each copy when filing; if omitted, the Clerk must ensure the copies are attached.
Court's wording
7.1 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.
During jury deliberations, courts should make efforts to provide the jury with access to digital exhibits/evidence that would normally be shared with the jury during deliberation.
When physical or paper exhibits/evidence is required, courts should reduce the exchange of that exhibits/evidence to the number of persons necessary and should limit passing the exhibits/evidence to the individual members of the jury.
Courts that provide food to jurors or other participants during a jury proceeding should ensure individual food portions, such as individually boxed meals, are provided.
If an exhibit/evidence is required to be transferred from person-to-person, single use gloves should be worn and discarded immediately after handling the exhibit/evidence.
Courts should limit, to the degree possible, the use of physical or paper exhibits/evidence where feasible or appropriate by converting the exhibit/evidence to a digital form.
This request for setting is made in good faith in the belief that (the party
If digital exhibits are not feasible, courts should consider placing them on a table for jurors to inspect rather than passing them between jurors.
Court's wording
Where digital exhibits/evidence is not feasible, courts should consider limiting the transfer of the exhibits/evidence from juror-to-juror by spreading the exhibits/evidence on a table for inspection from the table in the jury deliberation room.
Filing & Service rules
Electronic Filing Rules
Anyone offering exhibits at a remote hearing must provide the Court Reporter a hard copy by 4 p.m. the day before; email delivery is not accepted.
If you intend to offer any exhibits during the hearing, you need to provide a hard copy to the Court Reporter at 520 Oak Street, Palo Pinto, Texas 76484, no later than 4 p.m. the day before the hearing. Emails to the Court Reporter are not acceptable.
Page 6 | PROCEDURES FOR ATTORNEYS AND LITIGANTS
Filing Timing and Cure Windows
Counsel seeking a ruling on a contested issue requiring court intervention must file a motion and request a setting, which may not be earlier than seven days after filing.
If an issue arises that is contested and requires the Court's intervention, (e.g. motions to suppress, motions to quash, discovery disputes, etc.) it shall be the responsibility of counsel desiring the Court's ruling to file the motion and request a setting from the Court Coordinator. Counsel shall ensure that the setting is not earlier than seven (7) days from the date of the filing of any motion.
Criminal cases
Page 3
Exhibits for a hearing must reach the Court Reporter by 4 p.m. the day before; untimely exhibits may not be considered and will not be maintained in the record.
If you intend to offer any exhibits during the hearing, you need to provide a hard copy to the Court Reporter at 520 Oak Street, Palo Pinto, Texas 76484, no later than 4 p.m. the day before the hearing. Emails to the Court Reporter are not acceptable. The Court cannot consider any exhibits not provided to the court reporter in a timely manner. If you fail to follow this requirement, the court reporter will not maintain these documents in the record.
Page 6 | PROCEDURES FOR ATTORNEYS AND LITIGANTS
In civil cases on the trial calendar, parties must present exceptions, motions, and dilatory pleas to the Court and obtain a hearing if necessary at least fourteen days before trial.
It shall be the duty of all parties having places on the trial calendar to present to the Court and to obtain a hearing, if necessary, on all exceptions, motions and dilatory pleas not less than fourteen (14) days prior to the date the case is set for trial.
Page 5 | SECTION IV: PRETRIAL PROCEDURES (CIVIL CASES)
In criminal cases, preliminary matters must be raised or filed at least seven days before the pretrial hearing, unless the Court permits later action for good cause.
The provisions of Art. 28.01(2), C.C.P. will be strictly complied with, and preliminary matters not raised or filed at least seven (7) days before the pretrial hearing will not thereafter be allowed to be raised or filed, except by permission of the Court for good cause shown.
Page 5 | SECTION III: CRIMINAL DOCKET AND PRETRIAL PROCEDURES
Civil pretrial motions must be filed at least three days before the pretrial hearing, with a copy forwarded to the Court and opposing counsel.
All pretrial motions shall be filed not less than three (3) days prior to the pretrial hearing and a copy thereof shall be forwarded to the Court and to opposing counsel.
Page 5 | SECTION IV: PRETRIAL PROCEDURES (CIVIL CASES)
The responsible attorney must submit orders, decrees, and judgments within 15 days after the Court announces its decision, except temporary orders, due within four days after decision.
All orders, decrees and judgments shall be submitted to the Court by the responsible attorney for entry with fifteen (15) days from the date of the announcement of the Court's decision, except temporary orders, which shall be submitted to the Court within four (4) days after decision.
Page 8 | 6.4 Submission of Judgments
The order takes effect upon filing, operates as a temporary restraining order for fourteen days, and continues as a temporary injunction if no party contests it by presenting evidence at a hearing within that period.
7.2 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.
Civil cases
Page 4 | SERVICE AND APPLICATION OF THIS ORDER
Untimely civil exceptions, motions, and pleas are waived, and the Judge may set an earlier final date for filing them and obtaining a hearing when appropriate.
Failure to present the exceptions, motions and pleas in a timely manner shall cause them to be waived. An earlier date may be specified as a final date for the filing of such exceptions, motions and dilatory pleas and obtaining a hearing thereon in those cases in which the Judge deems an earlier date appropriate.
Page 6 | SECTION IV: PRETRIAL PROCEDURES (CIVIL CASES)
Service and Proof of Service Rules
Each party must provide the opposing party a written disclosure of the names and addresses of witnesses it may use under Rules 702, 703, and 705 at least 20 days before trial, unless the other party waives the notice.
In all criminal cases now or hereafter pending in this Court, each party, State and Defendant, by and through its attorney is hereby ordered to produce and make available to the other party, without the necessity of the filing of a motion, the disclosure notice required by article 39.14(b) of the Texas Code of Criminal Procedure by disclosing in writing the name(s) and address(es) of each person the party may use to present evidence under Rules 702, 703 and 705 of the Texas Rules of Evidence upon the trial of this cause and such notice shall be provided no later than twenty (20) days before the date the trial begins herein unless waived by the other party.
Criminal cases
Page 3
The District Attorney must notify the Defendant’s attorney of newly acquired evidence subject to discovery under the Order and permit appropriate dissemination or inspection.
This order shall be an ongoing one so that the District Attorney shall be required to advise the Defendant's attorney(s) of any new evidence coming into his possession or knowledge subsequent to the original preclusion under this Order, which evidence would be subject to discovery under this Order, and to then permit appropriate dissemination or inspection of the same.
Criminal cases
Page 4
Defense counsel must provide the required written notice to the Court, District Attorney, and District Clerk immediately upon employment.
Immediately upon employment, the defense attorney shall give written notice thereof to the Court, District Attorney, and the District Clerk stating the name of the accused, the offense(s) charged and cause number, if known.
Page 4 | SECTION III: CRIMINAL DOCKET AND PRETRIAL PROCEDURES
A copy of the written trial-setting request must be served on all counsel and pro se parties.
6) That a copy of the request has been served on all counsel and pro se parties.
Page 4 | SECTION II: CALENDAR
A copy of each civil pretrial motion must be forwarded to the Court and opposing counsel.
All pretrial motions shall be filed not less than three (3) days prior to the pretrial hearing and a copy thereof shall be forwarded to the Court and to opposing counsel.
Page 5 | SECTION IV: PRETRIAL PROCEDURES (CIVIL CASES)
When filing a criminal pretrial motion, copies must be forwarded to the Judge and District Attorney at the same time as the original is filed with the District Clerk.
Copies of all pretrial motions shall be forwarded to the Judge and to the District Attorney at the time of filing the originals with the District Clerk.
Page 5 | SECTION III: CRIMINAL DOCKET AND PRETRIAL PROCEDURES
The post-withdrawal notice to the client must be sent by certified mail.
After leave is granted, the withdrawing attorney shall send the client a letter by certified mail notifying him/her of the withdrawal, stating any settings for trial or otherwise and advising him/her to secure other counsel, and shall send a copy of such letter to opposing counsel and the Clerk of the Court.
Page 8 | 6.3 Withdrawal of Attorney
A copy of the motion to withdraw must be mailed to opposing counsel.
A copy of such motion shall be mailed to opposing counsel.
Page 8 | 6.3 Withdrawal of Attorney
The setting request form states that all other attorneys and self-represented parties are being mailed a copy.
All other attorneys (and/or pro se parties) in this case on this date are being mailed a copy of this request of setting.
Page 10 | FORM LETTER A
Sealing & Redaction Procedures
Before showing the Defendant or a third party other discovery information, defense counsel must redact the listed personal and identifying information.
Prior to showing the Defendant or any third party any other discovery information, defense counsel shall redact the address, telephone number, driver's license number, social security number, date of birth, and any bank account or other identifying numbers contained in the document or witness statement.
Criminal cases
Page 3
Pre-Motion Conference Requirements
A hearing for Temporary Orders cannot be scheduled unless the parties or attorneys certify in writing that they conferred and negotiated for at least one hour to resolve all related issues.
9. PARTIES MUST CONFERENCE. No hearing for Temporary Orders shall be scheduled unless the parties/attorneys certify to the Court in writing that they have conferenced and negotiated for at least one (1) hour in an effort to resolve all issues regarding Temporary Orders.
Civil cases
Page 4 | PARTIES MUST CONFERENCE
Adjournment & Extension Requirements
The Court must consider on the record objections or motions related to continuing a jury proceeding at least seven days beforehand, or as soon as practicable if made or filed within seven days of the proceeding.
The Court shall also consider on the record any objection or motion related to continuing the jury proceeding at least seven days before the jury proceeding or as soon as practicable if the objection or motion is made or filed within seven days of the jury proceeding.
Page 4 | Location(s) for Jury Selection, Trial, and Deliberation
The Court must be notified within ten days after receipt of a setting notice if an attorney or litigant has a conflict or cannot appear; otherwise, the setting is firm and may be passed only by mutual agreement with the Court’s consent or by a proper motion for continuance granted after a hearing.
If any attorney or litigant has a conflict or will be unable to appear on the date set for trial or hearing, the Court shall be notified with ten (10) days after receipt of such notice of setting in order to arrange for resetting; otherwise, such setting will be considered a firm setting and the hearing or trial setting will not be passed except upon mutual agreement of the respective attorneys with consent of the Court or upon proper motion for continuance granted by the Court after hearing thereon.
Page 3 | SECTION II: CALENDAR
Chambers Communication Rules
People with the stated symptoms must contact the court by telephone before appearing.
coughing or sneezing, are ordered to contact the court at the telephone number below before appearing.
Attorneys must alert the court in advance when they know a client, witness, or other person has the stated condition.
4. All attorneys who know that clients, witnesses, or others have such a condition are ordered to alert the court that such conditions exist in advance.
Counsel must instruct parties not to contact the Judge directly about pending matters.
1.4 Counsel shall instruct parties not to directly contact the Judge concerning pending matters.
Page 3 | SECTION I: RULES OF DECORUM
Provide your email address to the Court Reporter and Court Coordinator by 4 p.m. the day before any hearing.
Ensure the Court Reporter (elizabeth.bourquin@co.palo-pinto.tx.us) and the Court Coordinator (sherry.roberson@co.palo-pinto.tx.us) have your email address no later than 4 p.m. the day before any hearing.
Page 1 | PROCEDURES FOR ATTORNEYS AND LITIGANTS
People with symptoms or questions about case scheduling may contact the Court Coordinator by telephone at (940) 659-1274.
7. If you need to contact the 29th Judicial District Court because you have symptoms or if you have questions about the scheduling of a case you can contact the Court Coordinator: - By telephone at (940) 659-1274 or
People with symptoms or questions about case scheduling may contact the Court Coordinator by email at teresia.greenhaw@co.palo-pinto.tx.us.
7. If you need to contact the 29th Judicial District Court because you have symptoms or if you have questions about the scheduling of a case you can contact the Court Coordinator: - By email to teresia.greenhaw@co.palo-pinto.tx.us