Polk County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements19 rules
The following Affidavits may be filed with the Clerk in accordance with the Texas Rules of Evidence and the Texas Civil Practice and Remedies Code; however, the attachments shall not be filed:
DocumentAffidavit
A copy of the Standing Order shall be attached to each citation to be served.
DocumentCitation
The petitioner shall attach a copy of the Standing Order to the original petition and to each copy of the petition.
DocumentPetition
Every ex parte restraining order shall be mutual and apply to the conduct of both parties unless the application is supported by an affidavit stating specific facts demonstrating an immediate necessity to deviate from this rule.
DocumentEx Parte Restraining Order
The required pre-hearing exchange includes a household income-and-expense statement, specified tax returns and earnings records, and financial statements prepared for financial institutions during the marriage.
1. A sworn statement of the household usual and ordinary monthly income and expenses; 2. Copies of that party's federal income tax returns for the two calendar years preceding the filing of the Original Petition or Suit Affecting Parent-Child Relationship; 3. All payroll statements, pay stubs, W2 forms and 1099 forms, and all supporting schedules, and any other document evidencing any and all of that party's earning for the calendar year immediately prior to the filing of the Original Petition for Divorce or Suit Affecting Parent-Child Relationship for child support and from January 1 of the current year through the date of the hearing; and 4. Copies of any financial statements prepared for any financial institution during the marriage.
DocumentSupport Hearing Financial Documents
In a pro se divorce action, any party requesting affirmative relief must attend a Review Clinic provided by Lone Star Legal Aid or comparable class.
DocumentPro Se Divorce Action
The inventory and appraisement shall be in a form substantially similar to Appendix B hereto. Real property must be identified by either a copy of the deed into the party or parties or sufficient legal description to describe the specific property.
DocumentInventory And Appraisement
A final sworn inventory and appraisement shall be supplemented on or before and no later than seven (7) days before trial.
DocumentInventory And Appraisement
A final hearing of such divorce will not be set by the court coordinator until the completion of the review clinic and the tender to the court of a proposed final decree in proper form.
DocumentProposed Final Decree
The parties shall file with the court a certificate of compliance with this provision.
DocumentCertificate
When the grand jury begins a session, the District Clerk shall have all members present sign the Grand Jury Minute Book as proof of their presence at the session and to make a record of the fact that a quorum was present at the session.
DocumentGrand Jury Minute Book
When a true bill of indictment is voted in the affirmative by at least nine members of the Grand Jury, the following information shall be entered by the Secretary of the Grand Jury in the Grand Jury Minute Book, and nothing else, to wit: 1. the date of the session; 2. name of the person indicted; 3. offense; and 4. names of the witnesses upon which the indictment is founded.
DocumentGrand Jury Minute Book
The Foreperson must sign a Certificate of No-Bill certifying that the case was presented to the Grand Jury and that a no-bill was returned.
When a defendant is “no-billed”, meaning that a case was presented to the Grand Jury regarding an individual and less than nine affirmative votes were given for a true bill of indictment, a Certificate of No-Bill shall be signed by the Foreperson certifying that the case was presented to the Grand Jury and that a no-bill was returned.
DocumentCertificate Of No Bill
The District Attorney must note specified information on a non-substantive part of the indictment.
The District Attorney shall note on a non-substantive part of the indictment the following information: (1) Whether there are other pending indicted cases on the defendant; (2) Whether the indictment is a re-indictment; (3) The names of any co-defendants, and: (4) Whether the defendant is incarcerated or under bond, and the name of the surety, if any.
DocumentIndictment
If a document must contain sensitive data, the filing party must notify the clerk by designating it during electronic filing or using the specified notice on a non-electronic filing.
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.
DocumentDocument Containing Sensitive Data
Effective March 7, 2019, the name of any minor child which is subject of a suit affecting the parent-child relationship, including divorce actions, shall be included in the style of the case.
DocumentPleading
If a written request is made by the Defense, the State is ordered to prepare a list of exhibits to be filed among the papers of this cause on or before the start of trial.
DocumentExhibit List
At the time the petition is filed, if the petitioner failed to attach a copy of the Standing Order to the petition, the clerk of the court shall deliver to the petitioner a copy of the Standing Order.
DocumentPetition
This rule providing for the exchange of information shall constitute a discovery request under the Texas Rules of Civil Procedure, and the failure to comply with this rule may be grounds for sanctions, as provided by Rule 215 of the T.R.C.P.
DocumentSupport Hearing Financial Documents
Filing & Service rules
Filing Timing and Cure Windows
The District Clerk must return for correction any filing or pleading that fails to comply with the order.
The District Clerk is ordered to return for correction any filing or pleading that does not comply with this order.
Page 8 | ORDER CONCERNING THE IDENTIFICATION OF PARTIES IN PLEADINGS
Service and Proof of Service Rules
The specified affidavits must be served and their attachments made available to other lead counsel or parties, at the requesting party’s cost.
The above described affidavits shall be served upon, and the attachments shall be made available to all other lead counsel or parties in accordance with the Texas Rules of Civil Procedure, the Texas Rules of Evidence and the Texas Civil Practice and Remedies Code at the cost of the requesting party.
Page 3 | 2.6
When division of the marital estate is disputed, each party must exchange a final sworn inventory and appraisement at least 30 days before trial.
In a case where the division of the marital estate is in dispute, each party shall exchange a final sworn inventory and appraisement, no later than thirty (30) days before the trial date.
Page 4 | 3.3
Before a hearing involving child or spousal support, the parties must complete and exchange the listed documents unless they agree otherwise or the court approves an exception for good cause.
Unless otherwise agreed to by the parties or for good cause with court approval, in any hearing in which child support or spousal support is an issue, the parties shall complete and exchange the following documents prior to the commencement of the hearing:
Page 4 | 3.4
If the defendant is under arrest, a copy of the Certificate of No-Bill must be delivered immediately to the Sheriff and the defendant.
If the defendant is under arrest, a copy of the certificate shall be delivered to the Sheriff and the defendant immediately.
Page 6 | 4.1 GRAND JURIES AND ASSIGNMENT OF CASES — B. Presentment of Indictments — A. Defendant Under Arrest
If the defendant is under bond, a copy of the certificate must be delivered to the surety or pre-trial services, as applicable, and to the defendant as soon as practicable.
A copy of the certificate shall be delivered to the surety or pre-trial services, as the case may be, and the defendant as soon as practicable.
Page 6 | 4.1 GRAND JURIES AND ASSIGNMENT OF CASES — B. Presentment of Indictments — B. Defendant Under Bond
A written notice of appearance filed as one means of counsel appearing must be provided to the State's attorney.
4.2 The appearance of counsel as attorney of record for a defendant by a) an actual appearance in open court, b) filing a written notice of appearance with a copy provided to the State's attorney or c) the appointment of counsel by the court upon a finding of indigency shall constitute a discovery request by the defendant under Article 39.14 (a), Code of Criminal Procedure.
Page 7 | 4.2
Sealing & Redaction Procedures
The clerk must hold all certificates under seal unless the District Court orders their release.
All certificates shall be held by the clerk under seal, unless ordered released by the District Court.
Page 6 | 4.1 GRAND JURIES AND ASSIGNMENT OF CASES — B. Presentment of Indictments
Sensitive data in electronic or paper filings must be redacted unless its inclusion is specifically required or the document is a will or filed under seal.
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."
Page 8 | ORDER CONCERNING THE IDENTIFICATION OF PARTIES IN PLEADINGS
Filing Bundling Requirements
The parties are encouraged, by agreement, to use and exchange a single form.
The parties are encouraged to use and exchange a single form by agreement.
Page 4 | 3.3
Adjournment & Extension Requirements
Continuances from a trial setting are governed by Chapter 29 of the Code of Criminal Procedure, subject to Rule 2.5, and its procedures are strictly enforced.
4.3 Subject to the operation of Rule 2.5 above, Chapter 29 of the Code of Criminal Procedure shall control any continuance from a trial setting and the procedures contained therein shall be strictly enforced.
Page 7 | 4.3
Chambers Communication Rules
All requests for settings must be made through the court coordinator for the court where the case is pending, and the clerk must refer setting requests to that coordinator.
2.4 All requests for settings, including civil, criminal and family law cases, shall only be made through the court coordinator of the court in which the particular case is pending. The court clerk shall refer any setting requests to the appropriate coordinator.
Page 2 | 2. Rules Applicable to All Cases
An attorney with conflicting settings in courts covered by these rules must contact each affected court coordinator at least two days beforehand; the coordinators will confer and direct the attorney’s appearance to minimize the conflict while promoting efficient court operations.
2.5 In the event an attorney is scheduled to appear in more than one court subject to these rules at a particular time, the attorney shall contact the court coordinators of each conflicting court at least two days before the time of the conflicting settings. The coordinators will confer and direct the appearance of the attorney in a manner that minimizes the conflict for the attorney while promoting the efficient operation of the courts.
Page 2 | 2. Rules Applicable to All Cases