Polk County Court at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Pleading

Must include

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Pleadings in suits affecting the parent-child relationship, except adult adoptions, must use the stated style; a child’s name and birth date may be omitted only when an adoption is requested.

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.

CRITICALCivil cases

Applies to

Document containing sensitive data

If a document must contain sensitive data, the filing party must notify the clerk by designating it as containing sensitive data when e-filed or including the specified notice phrase when it is not e-filed.

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.

CRITICALCivil cases

Applies to

Petition and final order

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.

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.

CRITICALCivil cases

Applies to

Pleading

Must include

caption

Pleadings in divorce or annulment suits must use the style stated in Section 6.401.

Section 6.401 requires the pleadings in a suit for divorce or annulment to be styled "In the Matter of the Marriage of and

CRITICAL

Applies to

Appendix

If a party cannot afford the costs, the court recorder must prepare or arrange the transcription and file it as that party’s appendix with all exhibits.

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.

CRITICAL

Applies to

Appendix

Each party must file an appendix with its brief containing written transcriptions of all relevant recorded portions and copies of all exhibits relevant to the appellate issues.

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.

CRITICALCivil cases

Applies to

Filing or pleading

Must include

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Effective January 1, 2017, the case style must include the name of any minor child who is the subject of a suit affecting the parent-child relationship, including a divorce action; noncompliant filings or pleadings will be returned for correction.

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.

WARNING

Applies to

Supplemental appendix

The appellate court may direct a party to file a supplemental appendix transcribing additional portions of the recorded reporter’s record.

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.

WARNING

Applies to

Court recorder log

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.

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;