Real County District Court, Texas Document Filing Requirements

CRITICALCivil cases

Applies to

Proposed property division

In a divorce case tried to the bench, each attorney must submit a proposed property division to the court.

If a divorce case being tried to the bench, each attorney is required to submit a proposed property division to the court.

CRITICAL

Applies to

Order setting

Orders Setting must list all parties and, at the bottom, the specified contact information for each represented party or pro-se litigant.

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.

CRITICAL

Applies to

Temporary support hearing documents

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.

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.

CRITICALCivil cases

Applies to

Exhibits

All exhibits must be ready to be marked at trial.

and all exhibits ready to be marked.

CRITICALCivil cases

Applies to

Petition

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.

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.

CRITICAL

Applies to

Initial disclosures

All parties must comply with Texas Rule of Civil Procedure 194.2(c) regarding initial disclosures in certain suits under the Family Code.

All parties are required to comply with Tex. R. Civ. Proc. 194.2(c) Initial Disclosures in Certain Suits under the Family Code .

CRITICAL

Applies to

Setting request

The setting request or cover letter must state that opposing counsel was contacted and is available for the requested hearing date.

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 .

CRITICAL

Applies to

Proposed property division

In bench trials, attorneys must submit a proposed property division to the court on the trial date.

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.

CRITICALCriminal cases

Applies to

Discovery motion

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.

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.

CRITICAL

Applies to

Composite inventory and appraisement

After each party's sworn inventory and appraisement has been filed, the parties must file a composite inventory and appraisement.

2. After each party's sworn inventory and appraisement has been filed, the parties shall file a composite inventory and appraisement.

CRITICAL

Applies to

Setting request

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.

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.

CRITICAL

Applies to

Judgment decree or order

Counsel must prepare written judgments, decrees, or orders, forward them to opposing counsel for approval as to form, and deliver them to the Court within 60 days of 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.

CRITICAL

Applies to

Felony plea form

Felony plea forms may be obtained from the District Attorney's office and must be completed and sworn to before the District Clerk before a plea hearing is set.

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.

CRITICAL

Applies to

Sworn 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.

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.

CRITICAL

Applies to

Order setting

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

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.

CRITICAL

Applies to

Original citation

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.

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 .

CRITICALCivil cases

Applies to

Proposed charge

Please have a proposed charge available for review

Please have a proposed charge available for review

CRITICAL

Applies to

Ex parte application

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

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

CRITICAL

Applies to

Continuance motion

Unless all counsel consent in writing and the Court approves, a continuance motion must include an order setting the motion for a hearing.

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.

CRITICAL

Applies to

Certificate of completion

Each party who completes the course must file a certificate of completion with the court.

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.

WARNING

Applies to

Proposed judgment

If counsel cannot obtain all opposing counsel's approval as to form, counsel may present the proposed judgment, decree, or order with a letter requesting signature, provided the Court has received no written objection 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.

WARNING

Applies to

Docket control order

Counsel who does not wish to have a hearing may submit a completed docket control order, signed by all parties, before the scheduled conference’s setting date.

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.

WARNING

Applies to

Notice of waiver of arraignment

A defendant may waive arraignment by filing notice of the waiver.

A waiver of arraignment will be allowed upon filing notice of same.

WARNING

Applies to

Written notification

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.

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.

WARNING

Applies to

Order setting

Do not include the statement that a copy has been sent to all opposing counsel on an Order Setting.

Do not put, " .. a copy has been sent to all opposing counsel".