Palo Pinto County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Juror summons

Juror summonses must include information about health and safety precautions and COVID-19 exposure or vulnerability questionnaires.

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.

CRITICAL

Applies to

Request for trial setting

Requests for regular civil jury and non-jury trial settings must be in writing and forwarded to the Court and opposing counsel or pro se litigants.

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.

CRITICAL

Applies to

Written request for setting

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.

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.

CRITICAL

Applies to

Notice of appearance

Immediately upon employment, defense counsel must give written notice to the Court, District Attorney, and District Clerk identifying the accused, charged offenses, and cause number if known.

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.

CRITICAL

Applies to

Civil jury trial submissions

In civil jury trials, anticipated special issues, definitions, and instructions must be submitted to the Court in writing no later than the beginning of trial.

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.

CRITICAL

Applies to

Motion to withdraw

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.

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.

CRITICAL

Applies to

Withdrawal notice letter

After leave to withdraw is granted, the attorney must send the client a certified letter stating the withdrawal, any settings, and the need to secure other counsel, and send copies to opposing counsel and the Court Clerk.

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.

CRITICAL

Applies to

Divorce case filing

In divorce cases involving property division, each party must file a sworn inventory and appraisal of all community and separate assets and liabilities.

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.

CRITICAL

Applies to

Divorce case filing

In divorce cases involving child support, each party must file evidence of income, such as payroll check stubs or other payroll records.

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.

CRITICALCivil cases

Applies to

Petition

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.

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.

WARNING

Applies to

Exhibit

Must include

exhibit list

Courts should convert physical or paper exhibits to digital form when feasible or appropriate.

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.

WARNING

Applies to

Exhibit

When physical or paper exhibits are necessary, courts should limit their exchange to necessary persons and limit passing them to individual jurors.

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.

WARNING

Applies to

Exhibit

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.

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.

WARNING

Applies to

Exhibit

During deliberations, courts should make efforts to provide access to the digital exhibits ordinarily shared with the jury.

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.

WARNING

Applies to

Jury proceeding

Courts providing food during a jury proceeding should provide individual portions, such as individually boxed meals.

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.

WARNING

Applies to

Request for setting

The setting request form calls for a good-faith statement about the requesting party’s pleadings.

This request for setting is made in good faith in the belief that (the party

INFO

Applies to

Exhibit

If digital exhibits are not feasible, courts should consider placing them on a table for jurors to inspect rather than passing them between jurors.

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.