Court Rules
Judge

Judge Travis E. Kitchens Jr.

Individual Rules, Standing Orders & Policies

Rules last changed:
Polk County District Court, Texas

Communication

Email
258court@co.polk.tx.us
SchedulingTechnical Issues
Cases:
Filters:

Document Format Requirements2 rules

FormattingMandatory

All documents you give to the judge must be originals.

FormattingImportant

All pleadings and Court orders must appear neat and clean.

Document Filing Requirements8 rules

Filing RequirementsMandatory

All contact information MUST be provided on the Settings Request form.

DocumentSetting Request

Filing RequirementsMandatory

You must present a complete decree that resolves all issues.

DocumentDivorce Decree

Filing RequirementsMandatory

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.

DocumentBureau Of Vital Statistics Form

Filing RequirementsMandatory

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.

DocumentDivorce Decree

Filing RequirementsMandatoryCivil cases

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.

DocumentMotion

Polk:5ccfeb87bef911fe87b26026 · Jan 2023 · p. 1
|SecSTANDING ORDER - DEFAULT JUDGMENTS
Filing RequirementsMandatory

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.

DocumentSetting Request

Content & Formatting
Certificate Of Service
Filing RequirementsImportant

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.

DocumentPetition Or Decree

Filing RequirementsImportant

*Please attach list of any additional parties.

DocumentSetting Request

Filing & Service rules

Electronic Filing Rules

A Setting Request form must be submitted by email or Efile.

A Setting Request form can be found on the Court’s webpage and must be submitted by email or Efile.

Page 1 | Court

If a Notice of Hearing is filed, its original must be emailed.

If you file a Notice of Hearing, you will need to email the original.

Page 1 | Setting Requests

The Setting Request Form must be emailed to the Court Coordinator.

The Setting Request Form is required to be emailed to the Court Coordinator.

Page 1 | Setting Requests

Service and Proof of Service Rules

Relevant authorities must be presented to the Court and provided to opposing counsel at least 24 hours in advance of the motion hearing.

Any relevant authorities in support of the Prosecution and the Defense shall be presented to the Court at least 24 hours in advance, with copy of the authority provided to opposing counsel.

Criminal cases

Page 1 | Suppression and Motion Hearings

Defense counsel must complete the probation officer’s Information form and provide it to the Probation department at least 3 days before the plea is entered.

Defense counsel shall have the Information form by the probation officer filled in and provided to the Probation department at least 3 days prior to the time the plea is to be entered.

Criminal cases

Page 2 | Plea Bargains

The Prosecution must provide the Court with the specified plea materials at least 24 hours before the plea is entered.

The Prosecution shall provide the Court a copy of the plea papers, the probation information form, police reports, and any written statement of the defendant at least 24 hours prior to the time the plea is to be entered.

Criminal cases

Page 2 | Plea Bargains

The Prosecution must provide the plea papers to the Defense at least 3 days before the plea is entered.

The Prosecution shall provide the plea papers to Defense at least 3 days prior to the time the plea is to be entered.

Criminal cases

Page 2 | Plea Bargains

If there is a recorded statement, the Prosecution must provide a copy to the Court at least 48 hours before the plea-bargain hearing.

If there is a recorded statement, video or audio, a copy of that shall be provided to the court at least 48 hours before the hearing to enter the plea bargain agreement.

Criminal cases

Page 2 | Plea Bargains

After the motion is filed, the Court will set a hearing and send notice of it to the defendant.

The Court will then set a hearing on the Motion for Default Judgment and send notice to the Defendant of such court hearing.

Civil cases

Page 1 | STANDING ORDER - DEFAULT JUDGMENTS

The person requesting a setting must notify all parties and confirm their availability.

It is your responsibility to notify all parties of the setting and to confirm their availability.

Page 1 | Setting Requests

A copy of the setting request must be mailed or delivered to all other attorneys or parties of record, and the request must certify that it was done.

I further certify that a copy of this setting request has been mailed/delivered to all other attorneys/parties of record.

Page 1 | SETTING REQUEST

Any last-minute authorities presented at a hearing must be provided to the Court and opposing counsel.

Any “last minute” authorities presented at hearing shall be provided both to the Court and a copy to opposing counsel.

Criminal cases

Page 2 | Suppression and Motion Hearings

If a hearing is required, the hearing should be conducted as soon as practicable with notice to all parties.

If a hearing is required, the hearing should be conducted as soon as practicable with notice to all parties.

Page 3 | 9.2.3.2

The recusal order must be filed with the clerk and a copy sent to the referring judge, the Presiding Judge, and all parties.

The order must be filed with the clerk, with a copy sent to the referring judge and the Presiding Judge and all parties.

Page 3 | 9.2.3.3

Chambers Communication Rules

To get a case placed on the docket, contact the Court Coordinator by email.

Although the District Clerk’s office can tell you when court will be held, you may get your case on the docket only by contacting the Court Coordinator, Lianne Mueck, via email at 258court@co.polk.tx.us.

Page 1 | Court

All settings must be confirmed through the Court Coordinator’s office.

Please be advised, all settings need to be confirmed through the Court Coordinator’s office.

Page 1 | Setting Requests

If the setting request is e-filed, it must also be emailed to the court coordinator.

IF YOU E-FILE, PLEASE ALSO EMAIL TO THE COURT COORDINATOR (THE DISTRICT CLERKS OFFICE IS NOT RESPONSIBLE FOR FORWARDING SETTING NOTICES TO THE COURT COORDINATORS)

Page 1 | SETTING REQUEST

An attorney must call the affected judge about all dual settings as soon as the conflicts are known.

It is the duty of the attorney to call the affected Judge's attention to all dual settings as soon as they are known.

Page 4 | 10.2.1

For problems submitting the form, email the Website Manager and provide your name and phone number for a callback.

If you encounter issues submitting the form, please email our Website Manager. Provide your name and phone number for a call back.

Page 1 | Setting Requests

Court-wide rules

Applies court-wide

These 32 rules apply across Polk County District Court, Texas. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 19
  • Applies to
    Affidavit

    The specified affidavits may be filed with the Clerk, but their attachments must not be filed.

  • Applies to
    Petition

    The petitioner must attach the Standing Order to the original petition and every copy of it.

  • 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.

Service

All 6
  • The specified affidavits must be served and their attachments made available to other lead counsel or parties, at the requesting party’s cost.

  • When division of the marital estate is disputed, each party must exchange a final sworn inventory and appraisement at least 30 days before trial.

  • 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.

Communication

All 2
  • 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.

  • 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.

Sealing

All 2
  • The clerk must hold all certificates under seal unless the District Court orders their release.

  • 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.

About Judge Travis E. Kitchens Jr.
  • Location: Polk County Judicial Center
  • Address: 101 West Mill Street, Suite 286, Livingston , TX 77351
  • Phone: 936-327-6847
  • Fax: 936-327-6881
  • It is your responsibility to notify all parties of the setting and to confirm their availability.
  • Professional attire is expected in Court.
Common questions about Judge Travis E. Kitchens Jr.'s rules

What must be included with divorce decree filings before Judge Travis E. Kitchens Jr.?

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.

View ruleSource: page 1, section Pleadings

What must be included with bureau of vital statistics form filings before Judge Travis E. Kitchens Jr.?

Before coming to court for the divorce, obtain the Bureau of Vital Statistics form from the District Clerk’s Office and complete it.

View ruleSource: page 1, section Court

How may parties contact Judge Travis E. Kitchens Jr.'s chambers?

The rule lists email 258court@co.polk.tx.us. To get a case placed on the docket, contact the Court Coordinator by email.

View ruleSource: page 1, section Court

Is electronic filing required before Judge Travis E. Kitchens Jr.?

A Setting Request form must be submitted by email or Efile.

View ruleSource: page 1, section Court

What service or proof of service rules apply before Judge Travis E. Kitchens Jr.?

Details: timing: 24 hours before hearing. Relevant authorities must be presented to the Court and provided to opposing counsel at least 24 hours in advance of the motion hearing.

View ruleSource: page 1, section Suppression and Motion Hearings
Complete rules summary for Judge Travis E. Kitchens Jr.

To get a case placed on the docket, contact the Court Coordinator by email.

Pleadings and court orders must appear neat and clean.

If provisions in the forms do not apply to the spouses, omit them from the petition or decree or strike them through.

Documents submitted to the judge must be originals.

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.

Before coming to court for the divorce, obtain the Bureau of Vital Statistics form from the District Clerk’s Office and complete it.

A Setting Request form must be submitted by email or Efile.

The Settings Request form must include all contact information.

You must present a complete divorce decree that resolves all issues.

Relevant authorities must be presented to the Court and provided to opposing counsel at least 24 hours in advance of the motion hearing.

Any last-minute authorities presented at a hearing must be provided to the Court and opposing counsel.

The Prosecution must provide the plea papers to the Defense at least 3 days before the plea is entered.

Defense counsel must complete the probation officer’s Information form and provide it to the Probation department at least 3 days before the plea is entered.

The Prosecution must provide the Court with the specified plea materials at least 24 hours before the plea is entered.

If there is a recorded statement, the Prosecution must provide a copy to the Court at least 48 hours before the plea-bargain hearing.

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 motion is filed, the Court will set a hearing and send notice of it to the defendant.

The Setting Request Form must be emailed to the Court Coordinator.

All settings must be confirmed through the Court Coordinator’s office.

If a Notice of Hearing is filed, its original must be emailed.

The person requesting a setting must notify all parties and confirm their availability.

For problems submitting the form, email the Website Manager and provide your name and phone number for a callback.

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.

A copy of the setting request must be mailed or delivered to all other attorneys or parties of record, and the request must certify that it was done.

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.

If the setting request is e-filed, it must also be emailed to the court coordinator.

If a hearing is required, the hearing should be conducted as soon as practicable with notice to all parties.

The recusal order must be filed with the clerk and a copy sent to the referring judge, the Presiding Judge, and all parties.

An attorney must call the affected judge about all dual settings as soon as the conflicts are known.

More Judges in Polk County District Court, Texas

John Wells
Judge