Pecos County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Motion and order setting

After agreeing on a date, enter it on the Order Setting and forward the Motion, Order, and a statement that the date is agreed to the Court Administrator.

Once you have an agreed date, fill that date in on your Order Setting and forward both your Motion and Order, along with a statement that the date is an agreed date, to the Court Administrator in Ozona, Texas for entry with the Court.

CRITICAL

Applies to

Request for setting

Must include

certificate of service

A written Request for Setting must be submitted directly to the Court Administrator, not filed with the County Clerk, and must contain the specified case, counsel, discovery, mediation, pretrial, settlement, proposed-date, trial-duration, service, and signature information.

A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Administrator in Ozona, Texas. The party requesting a setting should not file the Request for Setting with the Clerk of Pecos County. The Request for Setting shall contain the following: 1.) The style and number of the case, and the county where the case is pending. 2.) The name, address and telephone number of the attorney making the request and the party represented by said attorney; 3.) Whether discovery is intended to be conducted under level 1, 2 or 3 according to Rule 190, T.R.C.P.; 4.) The date on which the jury fee was paid; 5.) A statement that the pleadings of the party requesting the setting are in order; 6.) A statement that mediation has been completed or none is required. (a) Pending mediation, all discovery is abated unless otherwise ordered by the Court. 7.) A statement that all discovery has been completed or none is desired. (a) If discovery is pending the request shall contain the date on which discovery is expected to be completed; 8.) A statement that all pre-trial matters have been disposed of or none is pending. (a) If pre-trial matters are pending the request for setting shall state the nature of same, the party asserting same, the estimated time for hearing same and possible dates for a pre-trial hearing which have been cleared with opposing counsel; 9.) A statement that the party requesting the setting has made a good-faith effort to negotiate a settlement of the case and further efforts appear futile. 10.) Possible dates for the trial of the case which have been cleared with opposing counsel. (a) If opposing counsel will not agree to a date for trial, the dates proposed and the reason for opposing counsel's refusal to agree to same; 11.) The estimated time of trial; 12.) A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service; 13.) The signature of the attorney making the Request.

CRITICAL

Applies to

Request for setting

Must include

proposed order

14.) A blank Order Setting which should be attached to the Request.

14.) A blank Order Setting which should be attached to the Request.

CRITICAL

Applies to

Order setting

Every Order Setting must list the parties to notify and provide attorneys’ fax numbers or pro se litigants’ addresses, as applicable.

At the bottom of all ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney's fax numbers. If they are pro se litigants, please give their addresses.

CRITICAL

Applies to

Proposed jury questions

Each party must submit proposed jury questions when the parties announce ready.

At the time the parties announce ready, each party shall submit to the Court proposed jury questions.

CRITICAL

Applies to

Temporary restraining order or protective order application

An application for an ex parte Temporary Restraining Order or Protective Order must be accompanied by the applicant’s verified complaint or affidavit, and no testimony will be heard.

An application for a Temporary Restraining Order and/or Protective Order, to be granted without notice to the adverse party, will be considered only upon the applicant's verified complaint or affidavit accompanying the application, and no testimony will be heard.

CRITICAL

Applies to

Temporary restraining order or protective order application

An ex parte application must state specific facts and intelligible grounds for relief; a verified complaint or affidavit containing only conclusions is insufficient.

No Temporary Restraining Order or Protective Order will be granted without notice to the adverse party unless the applicant's verified complaint or affidavit accompanying the application contains "specific facts," as required by Rule 680, T.R.C.P., and "a plain and intelligible statement of the grounds for such relief," as required by Rule 682, T.R.C.P. No such Temporary Restraining Order shall be granted upon a complaint or affidavit containing mere conclusions, even if verified.

CRITICAL

Applies to

Motion

Must include

certificate of service

All motions must include opposing counsel’s name, address, phone number, and fax number under the Certificate of Service, and must not use the quoted generic statement.

At the end of all MOTIONS, please include the opposing counsel's name, address, phone number and fax number under the Certificate of Service. Please do not put "...a copy has been sent to all opposing counsel." (This will let the Court know who the attorneys are since we do not have immediate access to all files in every county).

CRITICAL

Applies to

Order setting

When obtaining a trial date, submit an Order Setting with a Request for Setting; when obtaining a pretrial date, submit a letter stating the agreed date.

a. Submit an Order Setting to the Court, with a Request for Setting when obtaining a trial date, or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.

CRITICAL

Applies to

Order setting

If counsel cannot agree on a date, send the order setting the matter with a letter identifying the dates offered to opposing counsel and their reasons for not agreeing.

b. If you cannot obtain a date that is agreeable to all counsel, send your order Setting with a letter stating the dates that were given to opposing counsel and their reasons for not agreeing.

CRITICAL

Applies to

Request or cover letter

Every request or cover letter seeking a hearing date must state that opposing counsel was contacted and is available on the requested date.

c. ALWAYS ADVISE THE COURT IN YOUR REQUEST OR COVER LETTER THAT YOU HAVE CONTACTED THE OPPOSING COUNSEL AND THAT THEY ARE AVAILABLE FOR HEARING ON THE DATE YOU HAVE REQUESTED.

CRITICAL

Applies to

Order resetting

Send an Order Resetting with a cover letter informing the Court Administrator of the agreed date.

b. Send an Order Resetting with a cover letter advising the Court Administrator in Ozona, Texas of the date the parties have agreed on.

CRITICAL

Applies to

Income and expense statement

In contested support hearings, attorneys must prepare complete written income and expense statements for their clients and present them to the Court before the hearing.

The attorneys in all contested hearings concerning support shall prepare complete written income and expense statements as to their respective clients and present same to the Court prior to the hearing.

CRITICAL

Applies to

Written inventory

In contested property-division cases, the attorney must prepare a complete written inventory of the client’s marital and separate estate assets and liabilities and submit it before trial.

In all contested cases involving the division of property the attorney shall prepare a complete written inventory of the assets and liabilities of the marital estate and of the separate estate of their respective client and submit same to the Court prior to trial.

CRITICAL

The Attorney General and attorneys of record in the specified cases must complete Form VS-165 and present it to the presiding judge when filing the decree or judgment; the decree or judgment will not be signed until the form is submitted.

The Attorney General and any attorney of record, in a case involving a divorce, an annulment, or any suit affecting the parent-child relationship shall complete the form and present it to the presiding judge upon the filing of the decree or judgment. No decree or judgment will be signed until said document is submitted.

WARNING

Applies to

Hearing request

When setting or resetting a case for trial, pretrial, or another hearing, advise the Court of the estimated time needed.

When setting or resetting a case for trial, pre-trial, etc., please advise the Court the estimated time you will need for the hearing.