Panola County District Court, Texas Document Filing Requirements

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach this order to the original petition and each copy, and the Clerk must ensure it is attached if the Petitioner has not done so when filing.

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

Motion

A motion or preliminary matter may be heard before pre-trial if it is filed with an order setting a hearing for the Court to complete.

1. 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.

CRITICAL

Applies to

Discovery motion

Discovery motions may be heard before pre-trial if filed with an order setting a hearing; otherwise, they must be urged at pre-trial or are waived.

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. Otherwise, all such motions shall be urged at pre-trial or they will be deemed waived.

CRITICAL

Applies to

Jury instructions

Requested jury definitions, instructions, and questions must be provided to the Court and opposing counsel before or at trial’s 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

Withdrawal motion

An attorney of record must move for leave and obtain a court order before withdrawing.

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

Withdrawal motion

A withdrawal motion must include the client’s written consent, a new lawyer’s representation certificate, or the specified mailed notice and attached letter.

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

Withdrawal letter

If the client is unrepresented, withdrawal is not effective until counsel sends the specified letter and files a copy with the Court.

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

Ex parte application

Must include

local rule certificate

Counsel presenting an ex parte application must certify in writing, when presenting it, the stated facts about prior orders and opposing-party representation or notice efforts.

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.

CRITICALCriminal cases

Applies to

Request for payment of expenses

Appointed counsel for indigent defendants must file a pretrial expense-payment request, which counsel may file ex parte and confidentially.

a. Appointed counsel for indigent defendants must file with the court a pretrial request for payment of investigative expenses, expert witness expenses, or both. In the discretion of the attorney, this request may be filed as an ex parte confidential request.

CRITICALCriminal cases

Applies to

Request for approval of expenses

An expense-approval request must identify the proposed investigation or expert, provide supporting specific facts, and itemize anticipated expenses for each investigator or expert.

c. 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.

CRITICALCriminal cases

Applies to

Detailed list of services

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

a. 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).

CRITICALCriminal cases

Applies to

Investigator expert payment request

Attorneys must submit investigator or expert payment requests with the detailed services list and Attorney Fee Voucher; investigators may not submit requests directly, and payment requires the judge’s approval.

b. 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. To receive payment, the attorney must provide the court the detailed list described in section IV(a) above, along with the Attorney Fee Voucher. No payment shall be made until the judge approves payment.

CRITICALCriminal cases

Applies to

Attorney fee voucher

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

c. The attorney must note on the Attorney 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.

WARNING

Applies to

Proposed order

Must include

proposed order

The prevailing party should submit a proposed order on a contested matter after the Court rules, except for orders tendered at a hearing, and should provide it to the opposing party at least two working days before submission; the opposing party must approve it as to form or object in writing, and absent objections within five working days it is deemed approved as to form.

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. Proposed orders should be tendered to the opposing party at least two (2) working days before they are submitted to the Court. The opposing party must either approve the proposed order as to form or file objections in writing with the Court. If an order is not approved as to form and no objections are filed within five (5) working days of the submission of the proposed order, the proposed order is deemed approved as to form. Nothing herein prevents the Court from making and signing its own order at any time after the hearing in accordance with the Texas Rules of Civil Procedure.