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Document Filing Requirements25 rules
If a divorce case being tried to the bench, each attorney is required to submit a proposed property division to the court.
and all exhibits ready to be marked.
Please have a proposed charge available for review
The Petitioner must attach this Order to the original petition and each copy, and the Clerk must ensure the copies are attached at filing if the Petitioner has not done so.
Court's wording
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this Order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this Order is attached to the petition and every copy of the petition presented.
Should additional discovery be necessary the Defendant and/or the State shall file a written motion addressing only matters not covered in this Order. Any such motion must be presented in accordance with CCP 28.01.
Unless all counsel consent in writing and the Court approves, a continuance motion must include an order setting the motion for a hearing.
Court's wording
Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as amended, or Article 29.01, Texas Code of Criminal Procedure, as applicable, and the motion must be accompanied by an order setting the motion for a hearing.
Counsel presenting any application for an ex parte order shall, at the time the application is presented to the Court, certify in writing that: A. To the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or B. If the party against whom the relief is sought is represented by counsel, that (i) such counsel has been notified of the application
Orders Setting must list all parties and, at the bottom, the specified contact information for each represented party or pro-se litigant.
Court's wording
At t he bottom of all Orders Setting, please list all the parties; and, if t he parties are represented by counsel, please list the attorney's name, address, email address and fax number. If they are pro-se litigants, please give the ir address and email address.
Always advise the Court in your request or cover letter than you have contacted the opposing counsel and that they are available for hearing on the date you have requested .
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 t he date the parties have agreed to.
If you cannot obtain a date that is agreeable to all counsel, send your Order Setting with a letter stating the dat es that were given t o opposing counsel and their reasons fo r not agreeing.
Within sixty (60) days after rendition, announcement of the Court's ruling or announcement of settlement by counsel, counsel shall cause all judgments, decrees or orders of any kind to be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered to the Court for signing.
All felony plea forms may be obtained from the District Attorney's office . All forms are to be filled out and sworn to before the District Clerk prior to setting a case for a plea hearing.
When temporary support of a spouse or child is at issue, each party must furnish specified earnings, income-and-expense, and tax documents for the stated periods.
Court's wording
In all cases in which temporary support of a spouse and/or the child is in issue, each party shall be required to furnish all payroll statements, pay stubs, W2 forms and 1099 forms which evidence that party's earnings for the calendar year prior to the temporary hearing, a statement of monthly income and expenses, and copies of that party's federal income tax returns for the two calendar years prior to the temporary hearing.
All parties are required to comply with Tex. R. Civ. Proc. 194.2(c) Initial Disclosures in Certain Suits under the Family Code .
In divorce suits and suits affecting the parent-child relationship, counsel must attach the specified Standing Order and Children's Bill of Rights to the original citation.
Court's wording
The Standing Order Regarding Property and Conduct of Parties in Divorce and Suits Affecting the Parent-Child Relationship and the Children's Bill of Rights attached hereto are to be attached by counsel to the original citation in all suits of divorce and suits affecting the parent-child relationship .
Each party who completes the course must file a certificate of completion with the court.
Court's wording
Each party completing the course shall file a certificate of completion with the court within thirty (30) days of completion of the course, or at the time of that party's next court appearance, whichever is sooner.
A. In all cases to be tried to the bench, the attorneys are required to submit a proposed property division to the court on the date of trial.
2. After each party's sworn inventory and appraisement has been filed, the parties shall file a composite inventory and appraisement.
In contested cases with more than $250,000 in disputed assets, each party must file a sworn inventory and appraisement covering the parties' separate and community property, debts, and liabilities.
Court's wording
B. In all contested cases where the value of assets in dispute exceeds $250,000, the following documents are required : 1. Each party shall file, not less than thirty (30) days prior to trial, a sworn inventory and appraisement of all the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.
Do not put, " .. a copy has been sent to all opposing counsel".
If counsel does not wish to have a hearing for entry of a docket control order, counsel may submit a completed docket control order to the Court, signed by all parties, prior to the setting date for the scheduled docket control conference.
A party may notify the Court in writing when efforts to coordinate an ADR referral fail, after which the Court shall order a referral without a hearing.
Court's wording
upon written notification to the Court by one of the parties that efforts to coordinate a referral have been unsuccessful, the Court, without a hearing, shall enter an order of referral to an ADR procedure, and under such terms and conditions selected by the Court.
Present the Court with the proposed judgment, decree or order, together with a letter requesting the Court to sign the same if the Court has not received a written objection from opposing counsel within ten (10) days from the date of the letter.
A waiver of arraignment will be allowed upon filing notice of same.
Filing & Service rules
Filing Timing and Cure Windows
Expert-qualification and opinion-reliability objections must be heard at least 30 days before trial, and the objecting party must obtain a timely hearing or the objection is waived.
Any objections to the qualifications of an expert witness or to the reliability of an expert’s opinion must be heard by the Court no later than 30 days prior to the trial date or such objection shall be deemed waived. It is the responsibility of the party making such objection to obtain a timely hearing on the objection.
Civil cases
Page 1 | EXPERT WITNESSES
Unless a conflicting statutory deadline applies, an expert-qualification or reliability objection must be made within 30 days after receipt of the expert report or the expert’s deposition, or it is waived.
Except when in conflict with applicable deadlines established by Tex. Civ. Prac. & Rem. §74 or other statute, any objection to the qualifications of an expert witness or to the reliability of an expert’s opinion must be made not later than the 30th day after: (1) the date the objecting party receives a copy of the expert’s report, or (2) the date of the expert’s deposition, or such objection shall be deemed waived.
Civil cases
Page 1 | EXPERT WITNESSES
Mediation or a hearing on an objection to mediation must occur 30 days before trial.
MEDIATION, or a hearing on objection to mediation, must occur 30 days before trial.
Civil cases
Page 1 | MEDIATION
If the expert-objection deadlines have already passed, the objection must be made within 30 days after the scheduling order’s date.
If any such deadlines have already passed prior to the date of this order, any such objections must be made not later than 30 days after the date of this order.
Civil cases
Page 1 | EXPERT WITNESSES
The written judgment, decree, or order must be delivered to the Court for signing within 60 days after the specified ruling or settlement announcement.
Within sixty (60) days after rendition, announcement of the Court's ruling or announcement of settlement by counsel, counsel shall cause all judgments, decrees or orders of any kind to be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered to the Court for signing.
Page 12 | RULE 2.6 ORDERS AND DECREES
The certificate of completion is due within 30 days after course completion or at the party's next court appearance, whichever occurs sooner.
Each party completing the course shall file a certificate of completion with the court within thirty (30) days of completion of the course, or at the time of that party's next court appearance, whichever is sooner.
Page 17 | RULE 4.2 PARENT EDUCATION AND FAMILY STABILIZATION COURSE — D. Verification of Attendance
The Respondent must complete and file the composite inventory and serve a copy on the Petitioner at least 7 days before trial.
The Respondent shall comp lete and file the composite inventory with the Court and serve a copy of the same on the Petitioner not less than (7) days prior to trial.
Page 18 | RULE 4.3 FINAL HEARINGS
In contested cases with more than $250,000 in disputed assets, each party must file the sworn inventory and appraisement at least 30 days before trial.
B. In all contested cases where the value of assets in dispute exceeds $250,000, the following documents are required : 1. Each party shall file, not less than thirty (30) days prior to trial, a sworn inventory and appraisement of all the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.
Page 18 | RULE 4.3 FINAL HEARINGS
The Order is effective when the original petition is filed and remains a Temporary Restraining Order for fourteen days; a party must contest it by presenting evidence at a hearing by that deadline to prevent its continuation as a Temporary Injunction.
This Order is effective upon the filing of the original petition and shall remain in full force and effect as a Temporary Restraining Order for fourteen days after the date of the filing of the original petition. If no party contests this Order by presenting evidence at a hearing on or before fourteen days after the date of the filing of the original petition, this Order shall continue in full force and effect as a Temporary Injunction until further Order of the Court.
Civil cases
Page 5 | SERVICE AND APPLICATION OF THIS ORDER
The Court may be asked to sign the proposed judgment, decree, or order if it receives no written objection from opposing counsel within 10 days of the letter's date.
Present the Court with the proposed judgment, decree or order, together with a letter requesting the Court to sign the same if the Court has not received a written objection from opposing counsel within ten (10) days from the date of the letter.
Page 12 | RULE 2.6 ORDERS AND DECREES, C. Procedure for Entry of Order
Service and Proof of Service Rules
New parties must be joined and served by the date specified in the scheduling order.
NEW PARTIES shall be joined and served by this date.
Civil cases
Page 1 | NEW PARTIES
The party causing joinder must provide a copy of the scheduling order when serving the new party.
The party causing the joinder shall provide a copy of this scheduling order at the time of service.
Civil cases
Page 1 | NEW PARTIES
The party who set the case must circulate the signed Order Setting to all parties once it is returned via efile, because efile sends the signed order only to the requesting party.
If you are the party setting the case, it is your responsibility to circulate the signed order setting to all parties once the order containing the judge's signature is returned to you via efile. Efile will not send a signed copy of any order to any party other than the party requesting the setting.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
The party who submits a docket control order for signature must circulate the signed order to all parties after receiving it; efile sends the signed copy only to the requesting party.
If you are the party submitting the DCO for the Court's signature, it is your responsibility to circulate the signed DCO t o all parties once the order containing the judge' s signature is returned to you via efile. Efile will not send a signed copy of any order to any party other than the party requesting the court's signature/ approval.
Page 9 | Rule 2.2 Pretrial and Trial Settings
If no substitute attorney is to appear or the party does not consent by signing the proposed withdrawal order, the withdrawing attorney must notify the client in writing of the request for an order and hearing, using certified mail with return receipt requested or another method authorized by the Texas Rules of Civil Procedure.
If another attorney is not to be substituted as attorney for the party or if the party does not consent to the motion to withdraw and indicate same by signing the proposed order granting the withdrawal, the withdrawing attorney shall notify the client in writing that the Court will be requested to sign an order granting the withdrawal and set same for hearing. Notice shall be sent by certified mail, return receipt requested or by any other means set forth in the Texas Rules of Civil Procedure
Page 10 | Rule 2.3 Withdrawal of Counsel — Notice to Client
A party submitting a proposed judgment for signature must serve the proposed judgment and letter on every other party who has appeared and remains in the case.
Each party who submits a proposed judgment for signature shall serve the proposed judgment and a copy of the letter on all other parties who have appeared and remain in the case,
Page 12 | RULE 2.6 ORDERS AND DECREES, C. Procedure for Entry of Order
The party submitting a proposed judgment, decree, or order must circulate the signed copy to all parties after it is returned via efile.
If you are the party submitting the proposed judgment, decree or order via efile, it is your responsibility to circulate the judgment, decree or order containing the court's signature to all parties once it is returned to you via efile. Efile will not send a signed copy of any judgment, decree or order to any party other than the party submitting same for signature by the court.
Page 13
A responding party seeking affirmative relief must serve its temporary-order application and hearing notice on the adverse party under Texas Rules of Civil Procedure 5 and 21a.
An application to the Court for a temporary order and notice of any hearing thereon which is presented by a party responding to an application for temporary orders in which that party is seeking affirmative relief shall be served on the adverse party in accordance with Rule 5 and Rule 21a of the Texas Rules of Civil Procedure, as amended.
Page 15 | RULE 4.1(B) NOTICE REQUIRED WHEN RESPONDING PARTY SEEKING AFFIRMATIVE RELIEF
The Petitioner must initiate the composite inventory and forward it to the Respondent for completion at least 14 days before trial.
The Petitioner shall initiate the composite inventory and forward it to the Respondent for completion not less than fourteen (14) days prior to trial.
Page 18 | RULE 4.3 FINAL HEARINGS
The Respondent must serve the Petitioner a copy of the completed composite inventory at least 7 days before trial.
The Respondent shall comp lete and file the composite inventory with the Court and serve a copy of the same on the Petitioner not less than (7) days prior to trial.
Page 18 | RULE 4.3 FINAL HEARINGS
If counsel cannot obtain all opposing counsel's approval as to form, counsel may move for entry of the proposed judgment, order, or decree and obtain a hearing with notice to all opposing counsel under Rule 21a.
File a motion for entry of the proposed judgment, order or decree and secure a hearing for the same, with notice to all opposing counsel pursuant to Rule 21a, Texas Rules of Civil Procedure.
Page 12 | RULE 2.6 ORDERS AND DECREES, C. Procedure for Entry of Order
Adjournment & Extension Requirements
A request to continue, pass, postpone, or reset a trial, pretrial, or other hearing may be granted only with consent of counsel for all parties or after nonjoining parties are notified and given an opportunity to object.
No request for a continuance, to pass, postpone or reset any trial, pretrial, or other hearing shall be granted unless counsel for all parties consent, or unless all parties not joining in such request have been notified and have had an opportunity to object.
Page 5 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT
Unless all counsel consent in writing and the Court approves, a continuance request requires a motion filed under the applicable cited procedure and accompanied by an order setting a hearing; a noncompliant motion will be denied without prejudice to refiling.
Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as amended, or Article 29.01, Texas Code of Criminal Procedure, as applicable, and the motion must be accompanied by an order setting the motion for a hearing. Any motion that does not meet these requi rements will be denied without prejudice to the right to refile.
Page 5 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — B. Contents of Motion
If an attorney files a vacation notice after a trial or pre-trial setting, the attorney must move for a continuance and seek leave of court to reschedule.
Should an attorney file a notice of vacation after the date a case has been set for trial or pre-trial matters, it is the responsibility of that attorney to file a motion for continuance seeking leave of court to reschedule said setting.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
Chambers Communication Rules
An attorney with cases set for trial at the same time must notify the courts concerned immediately after learning of the conflicting settings.
Whenever an attorney has two or more cases on trial dockets for trial at the same time, it shall be the duty of the attorney to bring the matter to the attention of the courts concerned immediately upon learning of the conflicting settings.
Page 6 | RULE 1.3 CONFLICT IN TRIAL SETTINGS — A. Duty of Counsel to Notify Court
The attorney's phone numbers and email address must be provided to the Courts, the Clerks of Court, and all opposing counsel.
Said numbers and email address shall be provided to the Courts, the Clerks of Court, and all opposing counsel.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
Counsel must provide an email address and contact information to the Court Coordinator.
Counsel must provide his/her e-mail address and contact information to the Court Coordinator.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
Individuals charged with a felony who seek court-appointed counsel must contact the Indigent Defense Coordinator's office at the listed number.
All individuals charged with a felony offense who wish to apply for court appointed counsel must contact the office of the Indigent Defense Coordinator for the 38 th Judicial District at 830-278-3913 .
Page 13 | RULE 3.1 COURT APPOINTED COUNSEL FOR INDIGENT DEFENDANTS
Defense counsel must notify the Court Coordinator before a scheduled plea hearing if a court interpreter is needed.
It is the responsibility of defense counsel to advise the court of the need for a court interpreter, by notifying the Court Coordinator, prior to any scheduled plea hearing.
Page 14 | RULE 3.3 DISTRICT COURT-SCHEDULING OF PLEAS
Any dispute related to compliance with this Order should be brought to the Court's attention immediately.
Any dispute related to compliance with this Order should be brought to the Court's attention immediately.
Criminal cases
Page 3 | STANDING DISCOVERY ORDER
When setting or resetting a case for trial, pre-trial hearing, etc., please contact the District Court Coordinator at the Uvalde County Office for available dates, or you may view the District Court's calendar online at www.texas38th.com .
When setting or resetting a case for trial, pre-trial hearing, etc., please contact the District Court Coordinator at the Uvalde County Office for available dates, or you may view the District Court's calendar online at www.texas38th.com .
Page 7 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
When setting or resetting a matter, advise the Court Coordinator of the estimated hearing time.
When setting or resetting a case for trial, pre-trial, etc., please advise t he Co urt Coordinator as to the esti mated time you will need for the hearing.
Page 7 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
If a hearing must be canceled, contact the Court Coordinator as soon as possible.
If, f or any reason, you have to cancel a hearing, or if you are run ning lat e to a schedu led hearing, please contact the Court Coordinator as soon as possib le.
Page 7 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
If practicable, an attorney practicing in the 38th Judicial District Court should have access to fax, email, and an answering machine or cell phone with voicemail operating 24 hours a day, seven days a week.
Any attorney practicing in the 38th Judicial District Court, if practicable, shall have access to a fax machine, email and answering machine/cell phone with voice mail activated that will be operative 24 hours a day, seven days a week.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
An attorney practicing in the 38th Judicial District Court must advise the Court of scheduled vacation dates when the case is being set for trial.
Any attorney practicing in the 38 th Judicial District Court will, at the time a case is being set for trial, advise the Court as to any scheduled vacation dates .
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
Zoom hearings are accepted and encouraged; to request one, contact the District Court Coordinator, and all parties must agree on the date, time, and use of Zoom.
Hearings conducted by Zoom video conference are acceptable and encouraged by the Court. To request a hearing in the District Court through Zoom video conference, please contact the District Court Coordinator. All parties must agree as to the hearing date and t ime and that the hearing be conducted via Zoom video conference.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
Court-attorney communications sent by fax or email to the provided contact details are deemed received; this does not apply to filings with the District Clerk unless the Clerk has implemented an Electronic Filing Plan.
All communications between the Courts and attorneys sent via fax to the numbers provided, or via email via the addresses provided, shall be deemed received. This does not include filing documents with the District Clerk, unless the District Clerk has implemented an Electronic Filing Plan.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
With Court approval, the docket control conference may be held by Zoom; a Zoom hearing request should be made to the Court Coordinator, and all parties must agree on its date and time.
Upon Court approval, the docket control conference may be held by Zoom video conference . To request a hearing through Zoom vi deo conference, please contact the Court Coordinator. All parties must agree as to the hearing date and time
Page 9 | Rule 2.2 Pretrial and Trial Settings
Counsel who wish to receive electronically transmitted docket copies before court settings must provide their email address and contact information to the appropriate Court Coordinator.
F. If counsel wishes to be sent electronically transmitted copies of court dockets prior to court settings, counsel must provide his/her e-mail address and contact information to the appropriate Court Coordinator.
Page 15 | F.
Counsel who wish to use remote video conference at the Uvalde County Jail may contact the Indigent Defense Coordinator at the listed number for the application and procedures.
Should counsel wish to contact his/her counsel via remote video conference at the Uvalde County Jail, counsel may contact the Indigent Defense Coordinator at 830-278-3913 to obtain the digital application and procedures in order to do so.
Page 14 | RULE 3.4 DUTIES OF COURT APPOINTED AND RETAINED COUNSEL