Panola County Court at Law Document Filing Requirements

CRITICAL

Applies to

Preferential setting request

A preferential-setting request must be written and filed with the Court.

The Court may grant a preferential setting of any case upon written request by any. party or their counsel of record filed with the Court.

CRITICALCriminal cases

Applies to

Expense approval request

An expense-approval request must identify the investigation or expert, provide supporting facts about admissible evidence or defense needs, and itemize anticipated expenses.

The request for approval of expenses must state the type of investigation to be conducted or the type of expert witness to be retained, must set out specific facts that suggest the investigation will result in admissible evidence or that the services of an expert witness are reasonably necessary to assist in the preparation of a potential defense, and shall include an itemized list of anticipated expenses for each investigator, expert witness, or both.

CRITICAL

Applies to

Withdrawal notice

If the client is unrepresented, withdrawal is not effective until counsel sends the client a letter advising of any trial or other setting and to promptly secure other counsel, and files a copy with the Court.

5. After leave of Court is granted, if the client is without counsel, withdrawal shall not be effective unless and until withdrawing counsel has written a letter to the client, with a copy filed with the Court advising such client of any setting of the case for trial or for any other hearing or proceeding and advising the client to promptly secure other counsel in the case.

CRITICAL

Applies to

Jury charge materials

Requested definitions, instructions, and questions must be furnished to the Court and opposing counsel before or at trial commencement, unless the Court orders otherwise.

Requested definitions, instructions and questions shall be furnished to the Court and to opposing counsel before or at the commencement of trial unless otherwise ordered by the Court.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must include the client’s written consent, a certificate that replacement counsel has been retained, or the specified mailed notice and an attached copy of the notice letter.

2. Such motion shall be accompanied by the client's written consent to such withdrawal or a certificate by another lawyer that he or she has been employed to represent the client in the case, or a copy of such motion shall be mailed to the client at his or her last known address with a letter advising that the motion will be presented to the Court on or after a certain time, not less than ten (10) 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 the motion.

CRITICAL

Applies to

Initial pleading or appearance

Before or when filing an initial pleading or other appearance, each attorney or self-represented litigant must read the standing order, sign the certification, and file it in the case.

FINALLY, IT IS ORDERED AND DECREED THAT EVERY ATTORNEY OR SELF-REPRESENTED LITIGANT, before, or contemporaneously with the filing of their initial pleadings or other appearance in a case filed in the County Court at Law and County Court of Panola County, shall read and familiarize himself or herself with the terms and provisions of this standing order, shall sign the certification below and file it into the case.

CRITICALCriminal cases

Applies to

Pretrial payment request

Appointed counsel must file a request for investigative or expert expenses before trial.

Appointed counsel for indigent defendants must file with the court a pretrial request for payment of investigative expenses, expert witness expenses, or both.

CRITICAL

Applies to

Proposed judgment or dismissal order

Within 30 days after the Court has announced a verdict or judgment or the Court receives a written announcement of settlement from either party or from a mediator, counsel shall submit to the Court a proposed judgment or dismissal order, unless ordered otherwise.

Within 30 days after the Court has announced a verdict or judgment or the Court receives a written announcement of settlement from either party or from a mediator, counsel shall submit to the Court a proposed judgment or dismissal order, unless ordered otherwise.

CRITICALCivil cases

Applies to

Seminar completion certificate

A person who completes the seminar and pays the appropriate fee must receive a certificate to file with the Court.

Each person completing the seminar and paying the appropriate fee shall receive a certificate to file with the Court.

CRITICAL

Applies to

Ex parte application

Counsel presenting an ex parte application must provide a written certification to the Court at presentation addressing prior ex parte orders and representation or notice to opposing counsel.

Counsel presenting any application for an ex parte order shall at the time the application is presented certify in writing to the Court that: 1. To the best of his or her knowledge, no other Court has issued an ex parte order in the matter made the basis of the suit in which the relief is sought; and 2. To the best of his or her knowledge, the party against whom the relief is sought is not represented by counsel in the matter made the basis of the suit in which the relief is sought; or 3. If the opposing party is represented by counsel in that matter; that (a) opposing counsel has been notified of the application and does not wish to be heard by the Court thereon; or (b) that counsel presenting the application has diligently attempted to notify such counsel and has been unable to do so and the circumstances do not permit additional efforts to give notice.

CRITICALCivil cases

Applies to

Adoptive placement search report

Each month, the assigned placement specialist must provide the Court, the child's attorney, and the guardian ad litem/CASA a written report with specified adoptive-placement search information; email or fax attempts do not satisfy the requirement.

IT IS ORDERED that the Department shall conduct a search for an adoptive placement at least one time each month for each child in the permanent managing conservatorship of the Department whose parents have been terminated or are deceased. Each month the 4 Kids 4 Families "placement specialist" assigned to the child/children is ORDERED to provide a written report to the Court and the child's attorney and guardian ad litem/CASA that includes the following information: 1) what placements or agencies were contacted; 2) what person with personal knowledge of the child/children contacted the placements or agencies; and 3) the response from the placement or agency. Emails or fax contacts attempts will not be considered as compliance with this requirement.

CRITICALCriminal cases

Applies to

Investigator expert service list

The service list must itemize each service and state its date, location, and time spent rounded to the nearest tenth of an hour.

A court-appointed investigator and/or expert shall submit a typed, detailed list of services provided to the appointed counsel. The detailed list must reflect the following: (1) the type of itemized service provided; (2) the date and location of the service; and (3) the time spent providing the service rounded to the nearest tenth of an hour (6 minute increments).

CRITICALCivil cases

Applies to

Placement search documents

At each placement search, the Department must provide the child's common application and ECAP assessment to the child's attorney and guardian ad litem.

IT IS ORDERED that the Department shall produce to the child's attorney and guardian ad litem the child's common application and Every Child A Priority (ECAP) assessment that is submitted to determine a child's placement at each placement search.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach a copy of the order to the original petition and each copy; if omitted, the Clerk must ensure it is attached when the petition is filed.

The Petitioner shall attach a copy of this order to the original petition and to each copy 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.

CRITICAL

Applies to

Discovery motion

A discovery motion seeking a hearing before pre-trial must be accompanied when filed by an order setting a hearing to be completed by the Court.

Motions relating to discovery may be heard in advance of the pre-trial if, when filed, they are accompanied by an order setting hearing to be completed by the Court.

CRITICAL

Applies to

Verification

The verification states under penalty of perjury that the filer knows the statements to be true, has read and understands the standing order, and agrees to comply with it.

I swear under penalties of perjury that the statements contained in this verification are true and correct and based on my personal knowledge. I have read and thoroughly familiarized myself with the terms and provisions of the STANDING ORDER REGARDING USE OF ARTIFICIAL INTELLIGENCE IN THE COUNTY COURT AT LAW AND COUNTY COURT OF PANOLA COUNTY, TEXAS. I fully understand all of the terms and provisions of that order, and I agree to comply with each and every one of them.

CRITICAL

Applies to

Motion

A motion or preliminary matter may be heard before pre-trial if it is filed with an order setting a hearing for completion by the Court; otherwise it must be urged at pre-trial or it is waived.

Motions and other preliminary matters may be heard in advance of the pre-trial if, when filed, they are accompanied by an order setting hearing to be completed by the Court. Otherwise, all such motions and other preliminary matters must be urged at pre-trial, or they will be deemed waived.

CRITICALCivil cases

Applies to

Travel approval form

Unless there is an emergency, the Department must provide the travel approval form to the child's attorney ad litem and Guardian Ad Litem/CASA before the judge approves out-of-state travel.

IT IS ORDERED that, absent an emergency, the Department first provide the travel approval form to the child/children's attorney ad litem and Guardian Ad Litem/CASA prior to Judge's approval if the child/ children will be traveling outside of the state of Texas.

CRITICALCivil cases

Applies to

Visitation plan

The Department must file the statutory visitation plan before the Adversary Hearing.

IT IS ORDERED that the Department shall file the visitation plan as defined in Texas Family Code Section 262.115 before the Adversary Hearing under Texas Family Code Section 262.201.

CRITICAL

Applies to

Certification

Every attorney or self-represented litigant must read the standing order, sign the certification, and file it before or with their initial pleading or other appearance.

FINALLY, IT IS ORDERED AND DECREED THAT EVERY ATTORNEY OR SELF-REPRESENTED LITIGANT, before, or contemporaneously with the filing of their initial pleadings or other appearance in a case filed in the County Court at Law and County Court of Panola County, shall read and familiarize himself or herself with the terms and provisions of this standing order, shall sign the certification below and file it into the case.

CRITICALCivil cases

Applies to

Court report

Each court report, including the Status Report, must include every respite or other temporary placement stay.

IT IS ORDERED that the Department shall include each respite or other temporary placement stay (e.g. hospital, jail, hotel, overnight in an office, etc.) in each court report, including the Status Report.

CRITICAL

Applies to

Objections

The opposing party must approve the proposed order as to form or file written objections with the Court.

The opposing party must either approve the proposed order as to form or file objections in writing with the Court.

CRITICALCriminal cases

Applies to

Attorney fee voucher

The Attorney Fee Voucher must state whether the attorney seeks reimbursement for prepaid expenses or fees, or requests direct payment to the expert or investigator.

The attorncy must note on the Attorncy Fee Voucher if the attorney requests a reimbursement for pre-paid expenses and/or fees, or, if the attorney requests payment be made directly to the expert and/or investigator.

CRITICALCivil cases

Applies to

Court report

The Status Report and each subsequent court report must list all placement types, placement counties, and placement changes.

IT IS ORDERED that the Department shall list all placement types, county of placements, and placement changes in the Status Report and each court report thereafter.

CRITICAL

An attorney of record must present a motion and obtain a court order granting leave before withdrawing.

1. 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.

CRITICAL

Applies to

Setting request

Each contested civil setting request must state the estimated trial time.

Each request shall state the estimated time required for trial.

CRITICAL

Applies to

Ready announcement

To be excused from docket call, the defendant and counsel must file a written announcement of “Ready” with the District Clerk and serve it on the District Attorney before docket call.

The defendant and his counsel are excused from appearing at docket call if a written announcement of "Ready" is filed with the District Clerk and served on the District Attorney prior to the docket call.

CRITICALCivil cases

Applies to

Placement search report

After the stated three-month placement condition, the assigned placement specialist must provide the Court a written report with specified placement-contact information; email or fax attempts do not satisfy the requirement.

IT ISORDERED that if a child/children has not been placedin Panola county or within 150 miles of Panola county and is not in a relative/fictivekin or adoptive home after a period of three (3) months- the 4 Kids 4 Families "placement specialist" assigned to the child/children shall provide a written report to the Court that includes the following information: 1) what placements were contacted; 2) what person with personal knowledge of the child/children contacted the placements; and 3) the response from the placement. Emails or fax contacts attempts will not be considered as compliance with this requirement.

CRITICALCriminal cases

Applies to

Investigator expert payment request

Attorneys are responsible for approving and submitting investigator or expert fee requests to the judge; investigators may not submit payment requests directly.

Attorneys remain responsible for approving and submitting the investigator/expert fees to the judge for payment and/or reimbursement. Investigators shall not directly submit payment requests to the judge.

CRITICALCriminal cases

Applies to

Court approval

Attorneys must obtain written court approval before incurring investigator or expert-witness expenses.

Attorneys must receive written, prior court approval for all investigator and expert witness expenses.

CRITICAL

Applies to

Waiver of arraignment

To be excused from arraignment, the defendant and defense counsel must sign a written waiver, which must be filed with the District Clerk and served on the District Attorney before arraignment.

The defendant and his attorney are excused from appearing at arraignment if a written waiver of arraignment, signed by the defendant and defense counsel, has been filed with the District Clerk and served on the District Attorney prior to arraignment.

CRITICALCriminal cases

Applies to

Payment request

To receive payment, the attorney must provide the court with the required detailed service list and an Attorney Fee Voucher.

To receive payment, the attorney must provide the court the detailed list described in section IV(a) above, along with the Attorney Fee Voucher.

WARNING

Applies to

Proposed order

Except for orders tendered at a hearing, the prevailing party should submit a proposed order on a contested matter after notification of the Court's ruling.

Except for proposed orders tendered at a hearing, the prevailing party should submit proposed orders on contested matters after notification of the Court's ruling.