Polk County District Court, Texas Document Filing Requirements
29 rules from official source documents
Required elements, certificates, and structural requirements for court documents.
CRITICAL
- Applies to
- Affidavit
The specified affidavits may be filed with the Clerk, but their attachments must not be filed.
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:
CRITICAL
- Applies to
- Petition
The petitioner must attach the Standing Order to the original petition and every copy of it.
The petitioner shall attach a copy of the Standing Order to the original petition and to each copy of the petition.
CRITICAL
- Applies to
- Citation
Each citation to be served must include a copy of the Standing Order.
A copy of the Standing Order shall be attached to each citation to be served.
CRITICAL
- Applies to
- Ex parte restraining order
An ex parte restraining order must apply mutually to both parties unless an affidavit states specific facts showing an immediate need to depart from that requirement.
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.
CRITICAL
- Applies to
- Certificate
The parties must file a certificate confirming compliance with the inventory-and-appraisement exchange requirement.
The parties shall file with the court a certificate of compliance with this provision.
CRITICAL
- Applies to
- Inventory and appraisement
The final sworn inventory and appraisement must be supplemented no later than seven days before trial.
A final sworn inventory and appraisement shall be supplemented on or before and no later than seven (7) days before trial.
CRITICAL
- Applies to
- Inventory and appraisement
The inventory and appraisement must substantially follow Appendix B, and real property must be identified by deed copy or a sufficient legal description.
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.
CRITICAL
- Applies to
- Support hearing financial documents
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.
CRITICAL
- Applies to
- Pro se divorce action
In a pro se divorce action, a party seeking affirmative relief must attend a Lone Star Legal Aid Review Clinic or comparable class.
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.
CRITICAL
- Applies to
- Proposed final decree
The court coordinator will not set a final hearing in a pro se divorce until the review clinic is completed and a properly prepared proposed final decree is tendered to the court.
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.
CRITICAL
- Applies to
- Grand jury minute book
At the beginning of a grand jury session, all members present must sign the Grand Jury Minute Book to document their presence and that a quorum was present.
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.
CRITICAL
- Applies to
- Grand jury minute book
For a true bill approved by at least nine grand jurors, the Secretary must enter only the session date, indicted person’s name, offense, and names of the witnesses on which the indictment is founded in the Grand 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.
CRITICAL
- Applies to
- Certificate of no bill
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.
CRITICAL
- Applies to
- Indictment
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.
CRITICAL
- Applies to
- Document containing sensitive data
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.
CRITICAL
- Applies to
- Pleading
The style of a case involving a minor child who is the subject of a suit affecting the parent-child relationship, including a divorce action, must include the child's name.
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.
CRITICALCriminal cases
- Applies to
- Exhibit list
If the Defense makes a written request, the State must prepare a list of exhibits for filing in the case papers on or before the start of trial.
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.
CRITICALCivil cases
- Applies to
- Court setting request
The requesting attorney must certify that they made the stated good-faith conferral efforts and furnished a copy of the request to all counsel.
By submitting this "request for setting" the requesting attorney certifies to the Court that you have conferred or attempted to confer in good faith with the attorney for each opposing party to resolve the issues to be raised in this setting; that a copy of this has been furnished to all counsel in this case, and that you have attempted to confer with all opposing parties on a reasonable time frame or this setting.
CRITICALCivil cases
- Applies to
- Court setting request
The requesting attorney must verify that the appropriate motions for the requested hearing have been filed with the County or District Clerk before submitting the setting request.
I do hereby verify that the appropriate Motion(s) for the type of hearing requested have been filled with the County or District Clerks Office prior to this setting request:
CRITICAL
- Applies to
- Divorce decree
When children were born during the marriage, the decree must address custody and residence, visitation, health insurance, and child support under the Texas Family Code guidelines.
If children were born during the marriage, the decree must include the following. i. A statement regarding who the custody of the children and with whom they will live. ii. A schedule of visitation. iii. A statement regarding how the children will be covered by health insurance; and iv. A statement regarding child support in accordance with the guidelines in the Texas Family Code.
CRITICAL
- Applies to
- Bureau of Vital Statistics form
Before coming to court for the divorce, obtain the Bureau of Vital Statistics form from the District Clerk’s Office and complete it.
Once you are CERTAIN that you are ready for court, obtain the Bureau of Vital statistics form from the District Clerk’s Office and have it completely filled out before you come to court for your divorce.
CRITICAL
- Applies to
- Setting request
The Settings Request form must include all contact information.
All contact information MUST be provided on the Settings Request form.
CRITICAL
- Applies to
- Divorce decree
You must present a complete divorce decree that resolves all issues.
You must present a complete decree that resolves all issues.
CRITICALCivil cases
- Applies to
- Motion
After the time for the defendant to answer has expired, the plaintiff must file a motion for default judgment, request a hearing, and provide the defendant’s last known address.
After the appropriate time has transpired for the Defendant to file an answer, the plaintiff shall file a Motion for Default Judgment requesting a default judgment and shall request a with the Court requesting a hearing on the Motion for Default Judgment, together with the Defendant's last known address.
CRITICAL
- Applies to
- Setting request
- Must include
- certificate of service
The setting request must include certifications about prior discussions, discussion of the requested date with opposing counsel, and delivery of a copy to the other attorneys or parties of record.
I certify that discussions of the matter to be set have been held or would not be productive, and thus without requesting a setting a disposition will not likely occur. I further certify that I have discussed the date of setting with opposing counsel and the requested date is (agreed upon) (not agreed upon). I further certify that a copy of this setting request has been mailed/delivered to all other attorneys/parties of record.
WARNING
- Applies to
- Petition
If the petitioner omits the Standing Order from the petition, the clerk must deliver a copy to the petitioner when the petition is filed.
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.
WARNING
- Applies to
- Support hearing financial documents
The required information exchange constitutes a discovery request, and noncompliance may support sanctions under Texas Rule of Civil Procedure 215.
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.
WARNING
- Applies to
- Petition or decree
If provisions in the forms do not apply to the spouses, omit them from the petition or decree or strike them through.
If provisions contained in the forms, you are using do not apply to you and your spouse, do not include them in the petition or decree, or strike through the inapplicable provisions.
WARNING
- Applies to
- Setting request
The requesting attorney must submit the setting request to the district court coordinator, copy the district clerk, and provide a copy to all other attorneys or parties of record.
*Please attach list of any additional parties.
What must be included with affidavit filings in Polk County District Court, Texas?
The specified affidavits may be filed with the Clerk, but their attachments must not be filed.
What must be included with petition filings in Polk County District Court, Texas?
The petitioner must attach the Standing Order to the original petition and every copy of it.
1 more rule answers this question.
What must be included with citation filings in Polk County District Court, Texas?
Each citation to be served must include a copy of the Standing Order.
What must be included with ex parte restraining order filings in Polk County District Court, Texas?
An ex parte restraining order must apply mutually to both parties unless an affidavit states specific facts showing an immediate need to depart from that requirement.
What must be included with certificate filings in Polk County District Court, Texas?
The parties must file a certificate confirming compliance with the inventory-and-appraisement exchange requirement.
What must be included with inventory and appraisement filings in Polk County District Court, Texas?
The final sworn inventory and appraisement must be supplemented no later than seven days before trial.
1 more rule answers this question.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.