Polk County Court at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Chambers
Document Format Requirements4 rules
a. Any physical evidence offered at a remote proceeding detention hearing must be displayed so that the court, attorneys, parties, and witness can view it simultaneously.
A testifying party or witness must be clearly seen, identified, and heard on camera or may not testify or continue testifying.
Court's wording
C. The camera of any party or witness who provides testimony must provide an unobstructed view of the party or witness providing testimony. An unobstructed view, for the purposes of this plan, means that the individual can be clearly seen, identified, and heard without any barrier other than a clean camera lens. Consistent with constitutional confrontation requirements, if a party or witness is not on camera, or cannot be clearly seen, the Court will not allow the person to testify or continue to testify unless the witness complies with the requirement of an unobstructed view.
The appendix and transcription must conform to the applicable appellate court specifications and comply with the cited appellate-record order and manual.
Court's wording
The form of the appendix and transcription shall conform to any specifications of the Supreme Court and/or the Court of Criminal Appeals and comply with the Order Directing the Form of the Appellate Record and the Uniform Format Manual for Texas Reporters' Records.
The reporter’s record must clearly identify its numbered contents as a certified, accurate copy, and designated exhibits must be numerically ordered, bound together where practicable, and indexed with brief descriptions.
- Binding
- Securely bound
- Reporter record
Court's wording
The reporter's record on appeal from any proceeding of which an electronic recording has been made shall be labeled to reflect clearly the numbered contents certified by the court recorder to be a clear and accurate copy of the original recording of the entire proceedings. Any exhibits designated by the parties for inclusion in the reporter's record shall be arranged in numerical order and firmly bound together so far as practicable, together with an index consisting of a brief description identifying each exhibit.
Document Filing Requirements9 rules
If a party is unable to afford costs, the court recorder must transcribe or have transcribed recorded reporter's record and file the transcription as that party's appendix, along with all exhibits.
Each party shall file with its brief an appendix containing a written transcription of all portions of the recorded reporter's record and a copy of all exhibits relevant to the issues raised on appeal.
Section 102.008 requires the pleadings in a suit affecting the parent child relationship, excluding the adoption of an adult, to be styled "In the interest of a child." The name and date of birth of a child may be omitted only if an adoption is requested.
Rule 21c(d) provides that if a document must contain sensitive data, the filing party must notify the clerk by either designating the document as containing sensitive data when the document is electronically filed or including the phrase 'NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" if the document is not electronically filed.
Petitions and final orders must include the parties’ full names and the names and birth dates of any minor children in the style and/or body.
Court's wording
Texas Family Code Sections 6.401, 6.406, 102.008, 105.006 and Texas Rules of Civil Procedure Rule 79 require certain information to be included in the style and/or body of a petition and final order including the full name of parties and the names and dates of birth of any minor children.
Section 6.401 requires the pleadings in a suit for divorce or annulment to be styled "In the Matter of the Marriage of and
Effective January 1, 2017, the name of any minor child which is the subject of a suit affecting the parent-child relationship, including divorce actions, shall be included in the style of the case. The District Clerk is ordered to return for correction any filing or pleading that does not comply with this order.
The court recorder’s log must be detailed, legible, indexed by event date and location, and include the specified proceeding, speaker, event, and exhibit information.
Court's wording
Making a detailed, legible log for all proceedings being recorded, indexed by the date and location of each event being recorded, showing the number and style of the proceeding before the court, the correct name of each person speaking, the nature of the proceeding (e.g. voir dire, opening, examination of witnesses, cross-examination, argument, bench conferences, whether in the presence of the jury, etc.), the time of the day of each event and, the offer, admission or exclusion of all exhibits;
The appellate court may direct a party to file a supplemental appendix containing a written transcription of additional portions of the recorded reporter's record.
Filing & Service rules
Filing Timing and Cure Windows
If the offering party is not present in court when physical evidence that cannot be digitized is offered, the evidence must be tendered to the court no later than three days after the remote proceeding.
c. Physical evidence which cannot be rendered in digital form shall be tendered to the court no later than 3 days after the remote proceeding if the party offering the evidence is not present in the court when it is offered.
Civil cases
Page 2 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding
The court recorder must file the reporter’s record with the court of appeals within fifteen days after an appeal is perfected.
The court recorder shall file the reporter's record with the court of appeals within fifteen days after the perfection of an appeal.
Page 6 | Time for Filing
The appendix must be filed at the same time as the party’s brief.
Each party shall file with its brief an appendix containing a written transcription of all portions of the recorded reporter's record and a copy of all exhibits relevant to the issues raised on appeal.
Page 6 | Appendix
After a proceeding ends, the court recorder must file the original log and exhibits with the clerk.
Filing with the clerk the original log and exhibits after a proceeding ends;
Page 5 | Duties of Court Recorders
The other filing deadlines established by the Texas Rules of Appellate Procedure remain unchanged.
No other filing deadlines as set in the Texas Rules of Appellate Procedure are changed
Page 6 | Time for Filing
Sealing & Redaction Procedures
A pleading that includes a minor’s name in its style must comply with Rule 21c(d), and the document may not be made accessible on a public internet site without the redaction required by Rule 21c(f).
The filing party of a pleading which contains the minor's name in the style under this order shall comply with Rule 21c(d) which will prohibit the clerk from making the document accessible on a public internet site, without redacting the information as required by Rule 21c(f).
Civil cases
Page 1 | ORDER CONCERNING THE IDENTIFICATION OF PARTIES IN PLEADINGS
A minor’s name, birth date, and address are sensitive data and generally must be redacted before filing, unless their inclusion is specifically required by law or the document is a will or filed under seal.
Among other information, a minor's name, birth date and address is considered to be sensitive data when including in a pleading. Rule 21c(a)(3), Rules of Civil Procedure. Rule 21c(b) provides that "Unless the inclusion of sensitive data is specifically required by a statute, court rule, or administrative regulation, an electronic or paper document, except for will and documents filed under seal, containing sensitive data may not be filed with a court unless the sensitive data is redacted."
Civil cases
Page 1 | ORDER CONCERNING THE IDENTIFICATION OF PARTIES IN PLEADINGS
Chambers Communication Rules
When practicable, digital copies of physical evidence should be emailed to the court, court reporter, and counsel before the hearing.
b. When digital copies of physical evidence can be prepared, such as audio / video recordings, documents, or images, the digital copies should be emailed to the court at ccl@co.polk.tx.us, court reporter at andrea.simmons@co.polk.tx.us and to counsel for the parties before the hearing if practicable.
Civil cases
Page 1 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding