Court Rules

Reagan County Court

Court-Level Rules, Filing Procedures & Policies

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325-392-5225
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Document Filing Requirements22 rules

Filing RequirementsMandatory

A Request for Setting must include the specified case, counsel, discovery, mediation, pretrial, settlement, trial-date, service, and signature information, and attach a blank Order Setting.

Court's wording

The Request for Setting shall contain the following: 1.) The style and number of the case, and the county where the case is pending. 2.) The name, address and telephone number of the attorney making the request and the party represented by said attorney; 3.) Whether discovery is intended to be conducted under level 1, 2 or 3 according to Rule 190, T.R.C.P.; 4.) The date on which the jury fee was paid; 5.) A statement that the pleadings of the party requesting the setting are in order; 6.) A statement that mediation has been completed or none is required. (a) Pending mediation, all discovery is abated unless otherwise ordered by the Court. 7.) A statement that all discovery has been completed or none is desired. (a) If discovery is pending the request shall contain the date on which discovery is expected to be completed; 8.) A statement that all pre-trial matters have been disposed of or none is pending. (a) If pre-trial matters are pending the request for setting shall state the nature of same, the party asserting same, the estimated time for hearing same and possible dates for a pre-trial hearing which have been cleared with opposing counsel; 9.) A statement that the party requesting the setting has made a good-faith effort to negotiate a settlement of the case and further efforts appear futile. 10.) Possible dates for the trial of the case which have been cleared with opposing counsel. (a) If opposing counsel will not agree to a date for trial, the dates proposed and the reason for opposing counsel's refusal to agree to same, 11.) The estimated time of trial; 12.) A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service; 13.) The signature of the attorney making the Request. 14. A blank Order Setting which should be attached to the Request.

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|SectionRULE 1.11 REQUEST FOR SETTING - JURY CASES
Filing RequirementsMandatory

A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Administrator in Ozona, Texas. The party requesting a setting should not file the Request for Setting with the Clerk of Reagan County.

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|SectionRULE 1.11 REQUEST FOR SETTING - JURY CASES
Filing RequirementsMandatory

A trial setting requires a written Request for Setting submitted directly to the Court Administrator, not filed with the Reagan County Clerk, and containing the jury-setting request information except item 4.

Court's wording

A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Administrator in Ozona, Texas. The party requesting a setting should not file the Request for Setting with the Clerk of Reagan County. The contents of the Request for Setting shall be the same as a Request for Setting for jury trial except for item 4.

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|SectionRULE 1.21 REQUEST FOR SETTING -NON-JURY CONTESTED CASES
Filing RequirementsMandatory

Every Order Setting must list the parties to notify and, as applicable, their attorneys' fax numbers or the pro se parties' addresses.

Court's wording

At the bottom of all ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney's fax numbers. If they are pro se litigants, please give their addresses.

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|SectionRULE 1.12 ORDER SETTING - JURY CASES
Filing RequirementsMandatory

A setting will be made only in response to a proper written Request for Setting.

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|SectionRULE 1.22 ORDER SETTING -NON-JURY CONTESTED CASES
Filing RequirementsMandatory

At the time the parties announce ready, each party shall submit to the Court proposed jury questions.

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|SectionRULE 1.13 PROPOSED JURY QUESTIONS - JURY CASES
Filing RequirementsMandatory

After agreeing on a date, put it in the Order Setting and forward the Motion and Order with a statement that the date is agreed.

Court's wording

Once you have an agreed date, fill that date in on your Order Setting and forward both your Motion and Order, along with a statement that the date is an agreed date, to the Court Administrator in Ozona, Texas for entry with the Court.

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|SectionRULE 1.20 SETTINGS - NON-JURY CONTESTED CASES
Filing RequirementsMandatory

If item 8.(a) in the Request for Setting is applicable, please send an Order Setting and the Court will set a pre-trial hearing.

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|SectionRULE 1.12 ORDER SETTING - JURY CASES
Filing RequirementsMandatory

An application for a temporary restraining or protective order without notice must be accompanied by a verified complaint or affidavit stating specific facts and intelligible grounds; mere conclusions are insufficient.

Court's wording

An application for a Temporary Restraining Order and/or Protective Order, to be granted without notice to the adverse party, will be considered only upon the applicant's verified complaint or affidavit accompanying the application, and no testimony will be heard. No Temporary Restraining Order or Protective Order will be granted without notice to the adverse party unless the applicant's verified complaint or affidavit accompanying the application contains "specific facts," as required by Rule 680, T.R.C.P., and a plain and intelligible statement of the grounds for such relief," as required by Rule 682, T.R.C.P. No such Temporary Restraining Order shall be granted upon a complaint or affidavit containing mere conclusions, even if verified.

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|SectionRULE 1.50 TEMPORARY RESTRAINING ORDERS AND PROTECTIVE ORDERS
Filing RequirementsMandatory

Send an Order Resetting with a cover letter advising the Court Administrator in Ozona, Texas of the date the parties have agreed on.

Filing RequirementsMandatory

The attorneys in all contested hearings concerning support shall prepare complete written income and expense statements as to their respective clients and present same to the Court prior to the hearing.

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|SectionRULE 3.11 INCOME AND EXPENSE STATEMENTS
Filing RequirementsMandatory

All court appointed attorneys shall submit an Attorney Fee Voucher, which can be obtained from the Court Administrator in Ozona, Texas.

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|SectionRULE 2.14 PAYMENT OF COURT APPOINTED ATTORNEYS
Filing RequirementsMandatory

Per Sec. 194.002 of the Health and Safety Code, the clerk shall file with the Bureau a completed report for each divorce or annulment granted during the preceding calendar month.

Filing RequirementsMandatory

At the end of all MOTIONS, please include the opposing counsel's name, address, phone number and fax number under the Certificate of

Document
Motion
Placement
Certificate section
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|SectionRULE 4.10 CERTIFICATE OF SERVICE
Filing RequirementsMandatory

Submit an Order Setting to the Court, with a Request for Setting when obtaining a trial date, or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.

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|SectionRULE 4.11 AVAILABLE COURT DATES
Filing RequirementsMandatory

In all contested cases involving the division of property the attorney shall prepare a complete written inventory of the assets and liabilities of the marital estate and of the separate estate of their respective client and submit same to the Court prior to trial.

Filing RequirementsMandatory

The Attorney General and any attorney of record, in a case involving a divorce, an annulment, or any suit affecting the parent- child relationship shall complete the form and present it to the presiding judge upon the filing of the decree or judgment. No decree or judgment will be signed until said document is submitted.

Filing RequirementsMandatory

c. ALWAYS ADVISE THE COURT IN YOUR REQUEST OR COVER LETTER THAT YOU HAVE CONTACTED THE OPPOSING COUNSEL _AND THAT THEY ARE AVAILABLE FOR HEARING ON THE DATE YOU HAVE REQUESTED.

Filing RequirementsMandatory

If you cannot obtain a date that is agreeable to all counsel, send your order Setting with a letter stating the dates that were given to opposing counsel and their reasons for not agreeing.

Filing RequirementsImportant

After you have available dates, please contact opposing counsel to obtain a date that is agreeable to both parties. Once you have an agreed date, fill that date in on your Order Setting and forward both your Motion and Order, along with a statement that the date is an agreed date, to the Court Administrator in Ozona, Texas for entry with the

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|SectionRULE 1.10 SETTINGS - JURY CASES
Filing RequirementsImportant

Please do not put i...a copy has been sent to all opposing counsel.

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|SectionRULE 4.10 CERTIFICATE OF SERVICE
Filing RequirementsImportant

When setting or resetting a case for trial, pre-trial, etc., please advise the Court the estimated time you will need for the hearing.

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|SectionRule 4.12 Estimated Time for Hearing

Filing & Service rules

Electronic Filing Rules

The rule deeming fax communications received does not apply to filings with the District Clerk unless the Clerk has implemented an Electronic Filing Plan.

This does not include filing documents with the District Clerk, unless the District Clerk has implemented an Electronic Filing Plan.

Page 7 | Rule 4.16 Fax and Answering Machine Availability

Filing Timing and Cure Windows

Proposed jury questions are due when the parties announce ready.

At the time the parties announce ready, each party shall submit to the Court proposed jury questions.

Page 3 | RULE 1.13 PROPOSED JURY QUESTIONS - JURY CASES

Service and Proof of Service Rules

The Request for Setting must be served on all counsel, and its certificate must identify each attorney by name and address and state the service date.

12.) A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service;

Page 2 | RULE 1.11 REQUEST FOR SETTING - JURY CASES

Pre-Motion Conference Requirements

A pre-trial hearing under Article 28.01 must be conducted in each criminal case before trial.

A pre-trial hearing, as provided by Art. 28.01, C.C.P., will be conducted in each case prior to trial.

Page 5 | RULE 2.13 SETTINGS/SCHEDULING

Adjournment & Extension Requirements

Continuances must comply with the cited Texas statutes.

All continuances shall be in accordance with Arts. 29.01 through 29.13, C.C.P. and Art. 30.003, Tx. Civil Prac. & Rem. Code.

Page 5 | RULE 2.10 CONTINUANCES

An agreement or the filing of a motion for continuance does not automatically result in a continuance being granted.

Continuances are not automatic upon agreement by the parties. Mere filing of a Motion for Continuance does not mean the continuance will be granted.

Page 5 | RULE 2,11 AGREED CONTINUANCES

Chambers Communication Rules

For the specified hearings, first call the Court Administrator for available dates, then contact opposing counsel to agree on a date before sending the Motion and Order Setting.

When setting a civil case for pre-trial, non-jury or post trial hearing, please call the Court Administrator in Ozona, Texas prior to sending your Motion and Order Setting to obtain available hearing dates. After you have available dates, please contact opposing counsel to obtain a date that is agreeable to both parties. Once you have an agreed date, fill that date in on your Order Setting and forward both your Motion and Order, along with a statement that the date is an agreed date, to the Court Administrator in Ozona, Texas for entry with the Court.

Page 3 | RULE 1.20 SETTINGS - NON-JURY CONTESTED CASES

For an agreed continuance, contact the Court Administrator in Ozona to advise her; she will consult the Judge before removing the matter from the docket.

If you have a continuance that is agreed to by all parties, please contact the Court Administrator in Ozona, Texas and advise her of this and she will consult with the Judge prior to removing the matter from the docket.

Page 5 | RULE 2,11 AGREED CONTINUANCES

To obtain a resetting date, first contact the Court Administrator for available dates, then coordinate with opposing counsel on a date available and agreeable to all counsel.

To obtain a resetting date, please contact the Court Administrator in Ozona, Texas for available dates, then contact opposing counsel to obtain a date that is available and agreeable to all counsel.

Page 5 | RULE 2.12 RESETTINGS

When setting or resetting a case for trial or pre-trial, contact the Court Administrator for available dates and then coordinate with all other counsel to find a date everyone can attend.

When setting or resetting a case for trial, pre-trial, etc., please contact the Court Administrator in Ozona, Texas for available dates. Then, contact all other counsel and obtain a date that everyone is available.

Page 6 | RULE 4.11 AVAILABLE COURT DATES

For an out-of-county hearing within the district, the attorney must notify the District Clerk in the filing county that the attorney will pick up the case file for transport.

The attorney shall contact the District Clerk in the county for which the case is filed to let them know they will be picking the file up to transport it

Page 7 | Rule 4.13 Court Files

When arranging a civil hearing, counsel are asked to call the Court Administrator before sending the Motion and Order Setting to obtain available dates.

When setting a civil case for pre-trial, jury, non-jury or post trial hearing, please call the Court Administrator in Ozona, Texas prior to sending your Motion and Order Setting to obtain available hearing dates.

Page 1 | RULE 1.10 SETTINGS - JURY CASES

If practicable, attorneys practicing in the 112th District Courts must have access to fax and answering machines that operate 24/7 and provide their numbers to the Courts, court clerks, and opposing counsel.

Any attorney practicing in the 112" District Courts, if practicable, shall have access to a fax machine and answering machine that will be operative 24 hours a day, seven days a week. Said numbers shall be provided to the Courts, the Clerks of Court, and all opposing counsel.

Page 7 | Rule 4.16 Fax and Answering Machine Availability

Communications between the Courts and attorneys sent by fax to the provided numbers are deemed received.

communications between the Courts and attorneys sent via fax to the numbers provided shall be deemed received.

Page 7 | Rule 4.16 Fax and Answering Machine Availability

If a hearing must be canceled, contact the Court Administrator in Ozona as soon as possible.

If for any reason, you have to cancel a hearing, please contact the Court Administrator in Ozona, Texas as soon as possible.

Page 7 | Rule 4.14 Cancel Hearings

Telephone conference call hearings are acceptable and encouraged by the Court.

Hearings conducted by telephone conference call are acceptable and encouraged by the Court.

Page 7 | Rule 4.15 Telephone Conference

Common questions about Reagan County Court rules

Does Reagan County Court require a pre-motion conference or letter before filing a motion?

A pre-trial hearing under Article 28.01 must be conducted in each criminal case before trial.

View ruleSource: page 5, section RULE 2.13 SETTINGS/SCHEDULING

What must be included with request for setting filings in Reagan County Court?

A trial setting request must be written and submitted directly to the Court Administrator; the requesting party should not file it with the Reagan County Clerk.

View ruleSource: page 1, section RULE 1.11 REQUEST FOR SETTING - JURY CASES

What must be included with order setting filings in Reagan County Court?

When item 8(a) applies, an Order Setting must be sent so the Court can set a pre-trial hearing.

View ruleSource: page 3, section RULE 1.12 ORDER SETTING - JURY CASES

How may parties contact Reagan County Court?

For the specified hearings, first call the Court Administrator for available dates, then contact opposing counsel to agree on a date before sending the Motion and Order Setting.

View ruleSource: page 3, section RULE 1.20 SETTINGS - NON-JURY CONTESTED CASES

How do I request an adjournment or extension in Reagan County Court?

Continuances must comply with the cited Texas statutes.

View ruleSource: page 5, section RULE 2.10 CONTINUANCES

Is electronic filing required in Reagan County Court?

The rule deeming fax communications received does not apply to filings with the District Clerk unless the Clerk has implemented an Electronic Filing Plan.

View ruleSource: page 7, section Rule 4.16 Fax and Answering Machine Availability

What filing deadlines does Reagan County Court set?

Proposed jury questions are due when the parties announce ready.

View ruleSource: page 3, section RULE 1.13 PROPOSED JURY QUESTIONS - JURY CASES

What service or proof of service rules apply in Reagan County Court?

Proof of service is required for the covered service rule. The Request for Setting must be served on all counsel, and its certificate must identify each attorney by name and address and state the service date.

View ruleSource: page 2, section RULE 1.11 REQUEST FOR SETTING - JURY CASES
Complete rules summary for Reagan County Court

For the specified hearings, first call the Court Administrator for available dates, then contact opposing counsel to agree on a date before sending the Motion and Order Setting.

When arranging a civil hearing, counsel are asked to call the Court Administrator before sending the Motion and Order Setting to obtain available dates.

After obtaining available dates, counsel are asked to agree on a date with opposing counsel, enter it on the Order Setting, and forward the Motion, Order, and a statement that the date is agreed to the Court Administrator.

A trial setting request must be written and submitted directly to the Court Administrator; the requesting party should not file it with the Reagan County Clerk.

A Request for Setting must include the specified case, counsel, discovery, mediation, pretrial, settlement, trial-date, service, and signature information, and attach a blank Order Setting.

The Request for Setting must be served on all counsel, and its certificate must identify each attorney by name and address and state the service date.

When item 8(a) applies, an Order Setting must be sent so the Court can set a pre-trial hearing.

Every Order Setting must list the parties to notify and, as applicable, their attorneys' fax numbers or the pro se parties' addresses.

Each party must submit proposed jury questions when the parties announce ready.

Proposed jury questions are due when the parties announce ready.

After agreeing on a date, put it in the Order Setting and forward the Motion and Order with a statement that the date is agreed.

A trial setting requires a written Request for Setting submitted directly to the Court Administrator, not filed with the Reagan County Clerk, and containing the jury-setting request information except item 4.

A non-jury contested case setting requires a proper written Request for Setting.

An application for a temporary restraining or protective order without notice must be accompanied by a verified complaint or affidavit stating specific facts and intelligible grounds; mere conclusions are insufficient.

Continuances must comply with the cited Texas statutes.

For an agreed continuance, contact the Court Administrator in Ozona to advise her; she will consult the Judge before removing the matter from the docket.

An agreement or the filing of a motion for continuance does not automatically result in a continuance being granted.

To obtain a resetting date, first contact the Court Administrator for available dates, then coordinate with opposing counsel on a date available and agreeable to all counsel.

For a resetting, send an Order Resetting with a cover letter advising the Court Administrator of the agreed date.

A pre-trial hearing under Article 28.01 must be conducted in each criminal case before trial.

Court-appointed attorneys must submit an Attorney Fee Voucher, available from the Court Administrator in Ozona.

In contested support hearings, attorneys must prepare complete written income and expense statements for their clients and present them to the Court before the hearing.

In a contested property-division case, the attorney must prepare a complete written inventory of the client’s marital and separate estate assets and liabilities and submit it before trial.

The clerk must file with the Bureau a completed report for each divorce or annulment granted during the preceding calendar month.

In divorce, annulment, and parent-child relationship cases, the Attorney General and any attorney of record must complete Form VS-165 and present it to the presiding judge when the decree or judgment is filed; the decree or judgment will not be signed until the form is submitted.

At the end of all MOTIONS, please include the opposing counsel's name, address, phone number and fax number under the Certificate of

Please do not put i...a copy has been sent to all opposing counsel.

When setting or resetting a case for trial or pre-trial, contact the Court Administrator for available dates and then coordinate with all other counsel to find a date everyone can attend.

When obtaining a trial date, submit an Order Setting with a Request for Setting; when obtaining a pre-trial date, submit a letter stating the date agreed to by the parties.

If counsel cannot agree on a date, send the order setting the matter with a letter stating the dates offered to opposing counsel and their reasons for not agreeing.

More Judges in Reagan County Court

Jim T. O'Bryan
Judge