San Patricio County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Inventory
- 1 copy • At the Time of Hearing
- At the Time of Hearing
Motion, Response, Reply
- Prior to Submission Date
Adjournments
- Grounds for a trial continuance should be presented at the Pre-Trial setting or at least ten days before the trial setting at the call of the docket.
- Grounds for continuing a trial setting should be presented to the Court at least 10 days before the trial setting, at the call of the docket or at the Pre-Trial Conference.
- For a continuance based on counsel's trial setting elsewhere, the motion should identify the other court and case and estimate counsel's unavailability, and the Court may verify that counsel's appearance is necessary.
- A tentative schedule in another court is not a ground for granting a continuance.
- If the other court's case is passed, continued, or disposed of before or during the week of trial, the attorney must immediately notify the Court and opposing counsel.
- +10 more
Request must include
Communication
Phone
Document Format Requirements3 rules
Audio and/or video evidence that a party intends to offer at pre-trial or trial must be in admissible form and format at the time of the offer of said evidence.
Audio and/or video evidence that a party intends to offer at pre-trial or trial must be in admissible form and format at the time of the offer of said evidence. A flash drive is preferable over a DVD. Questions regarding form and formats of said evidence SHALL be made to the trial judge prior to the offer of evidence and MUST be made prior jury selection, if applicable
A flash drive is preferable over a DVD.
Document Filing Requirements29 rules
The course provider must issue each participant a certificate stating the participant’s name, provider’s name, completion date, and method of instruction.
Court's wording
On completion of the course, the course provider shall issue a certificate of completion to each participant. The certificate must state: (1) The name of the participant; (2) The name of the course provider; (3) The date the course was completed; and (4) Whether the course was provided by; (a) Personal instruction; (b) Videotape instruction; (c) Instruction through an electronic medium; or (d) A combination of those methods.
All felony cases shall be styled: "THE STATE OF TEXAS vs. named, Defendant"; and shall be noted as filed "IN THE FELONY DISTRICT COURTS OF said COUNTY, TEXAS"
All applications for ex parte relief shall state whether within the knowledge of applicant and his/her attorney the opposing party is represented by counsel and if so the name of such counsel.
Any said offer with a translation MUST be disclosed along with the translation to opposing parties at least 3 days prior to the offer of said exhibit with a translation.
A jury charge, with questions and instructions that may be reasonably anticipated should be prepared and submitted to the Court at pre-trial hearing, or at least seven (7) days in advance of trial, whichever is earlier.
All exhibits shall be in the English language or, if they are not, they shall be offered with an English translation.
In all cases requiring a division of property and/or liabilities, each party shall file with the court and exchange between themselves, sworn inventories.
Each inventory shall list the value of each item of property and shall list each liability, the number of periodic payments in arrears, if any, the property securing its payments, and the name of the creditor.
Each attorney shall submit a proposed property division, including property claimed or recognized as separate property, to the Court and opposing counsel not later than the commencement of trial.
All applications for ex parte relief shall state whether or not within the knowledge of applicant and his/her attorney the opposing party is represented by counsel and if so the name of such counsel.
A jury charge, with questions and instructions that may be reasonably anticipated should be prepared and submitted to the Court at pre-trial hearing, or at least seven (7) days in advance of trial, whichever is earlier.
In property-division cases, each spouse must file and exchange a sworn inventory containing the specified property, liability, arrearage, security, creditor, and separate-property information.
Court's wording
In all cases requiring a division of property and/or liabilities, the husband and wife shall each file with the court and exchange between themselves, sworn inventories. Each inventory shall list the value of each item of property and shall list each liability, the number of periodic payments in arrears, if any, the property securing its payments, and the name of the creditor. Any property or liability claimed to be separate shall be so characterized.
The name and address of the obligor's employer must accompany any order for withholding from income for child support.
At the conclusion of a family law case, the appropriate BVS and child-related forms must be completed.
Court's wording
At the conclusion of any family law case, the appropriate BVS forms and information on child (suit affecting parent-child relationship forms) shall be filled out and an Order/Decree prepared and presented to the Court forthwith.
Child support payments are to be ordered withheld from the obligor's earnings.
Each attorney shall submit a proposed property division, including property claimed or recognized as separate property, to the Court and opposing counsel not later than the commencement of trial.
Attorneys are required to notify the Office of the Judge and of the Clerk in writing that they are employed in the case. If such retainer notice is not given to the Clerk prior to the dates of hearing, pre-trial arraignment, hearing, announcement or trial, the Court may make an appointment from among the attorneys available to the Court for appointment and the client may be required to pay for such services.
No attorney of record shall be permitted to withdraw from any case without presenting a motion and obtaining from the Court an Order granting Leave to Withdraw. Such motion shall be accompanied by the client's written consent to such withdrawal or pursuant to Texas Rules of Civil Procedure.
7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
If the Petitioner has not attached the order, the Clerk must ensure it is attached to the petition and every copy presented when the petition is filed.
Court's wording
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.
The course provider must issue each participant a certificate stating the participant’s name, provider’s name, completion date, and method of instruction.
Court's wording
On completion of the course, the course provider shall issue a certificate of completion to each participant. The certificate must state: (1) the name of the participant; (2) the name of the course provider; (3) the date the course was completed; and (4) whether the course was provided by: (A) personal instruction; (B) videotape instruction; (C) instruction through an electronic medium; or (D) a combination of those methods.
Have a Divorce Decree with all blanks filled in and a vital statistics form (obtained from the clerk) placed in their Divorce file in the Clerk's office.
3. You must provide an order appointing the ad litem. You may suggest an ad litem but the Judge will have the right to select the ad litem.
- Document
- Ad litem appointment order
Must include
- •Order appointing the ad litem
If you feel that an ad litem is not necessary, you must notify the court of that fact and provide a written waiver to the Judge prior to obtaining a hearing date from the court administrator.
1. You must provide an order appointing the pre-adoptive home screening and post-placement report provider. You may suggest a provider but the Judge will have the right to select their preferred provider.
2. The criminal history must be obtained as required by Family Code Section 162.0085 and must be from the Texas Department of Public Safety https://www.dps.texas.gov/internetforms/Forms/CR-62.pdf
The Petitioner must attach this order to the original petition and each copy; if the Petitioner does not, the Clerk must ensure it is attached when the petition is filed.
Court's wording
7.1 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.
After the appearance date of the defendant in a case has passed, a written request for entry of a Default Judgment may be made, and a form of judgment presented, together with any affidavits as to unliquidated parts of such claim.
4. Please do not forget to have your clients fill out the Adoption Vital Statistic Form prior to their leaving the courthouse.
Filing & Service rules
Filing Timing and Cure Windows
A motion for a court-appointed interpreter must be filed at or before pre-trial, as provided by the Code of Criminal Procedure.
In criminal cases, a motion for a court appointed interpreter shall be filed at pre-trial or earlier as provided in the Code of Criminal Procedure.
Page 9 | Rule 5.11 Court Appointed Interpreters
Orders and judgments must be submitted for entry within seven days after the hearing or court decision unless the court approves additional time.
All orders and judgments must be submitted to the Court for entry within seven (7) days from the date of the hearing or decision by the Court unless additional time has been approved by the court.
Page 10 | Rule 7.10 Judgment and Orders.
A motion for a court-appointed interpreter must be filed at pre-trial or earlier, as provided by the Code of Criminal Procedure.
In criminal cases, a motion for a court appointed interpreter shall be filed at pre-trial or earlier as provided in the Code of Criminal Procedure.
Page 16 | 5.12 Court Appointed Interpreters
Orders and judgments must be submitted for entry within seven days after the hearing or decision unless the court approves additional time.
All orders and judgments must be submitted to the Court for entry within seven (7) days from the date of the hearing or decision by the Court unless additional time has been approved by the court.
Page 21 | Rule 9.11 Judgment and Orders
If the waiver is signed on the day the petition is filed, the waiver must be filed afterward and receive a different District Clerk timestamp.
If the Waiver is signed the same day the Divorce Petition is filed the Waiver must be filed AFTER the petition and must have a different time stamped by the District Clerk's office.
Page 30 | Pro-se Divorce Procedures in the District Courts
File the criminal history report with the district clerk by the time the hearing is set; if it is not filed, the case will be passed, and the petitioner's attorney must request a reset after filing.
If the criminal history report is not filed with the district clerk by the time the hearing is set, the case will be passed until such time as the report is filed. It will then be the duty of the attorney for the petitioner to request a reset once the report is on file.
Page 31 | ADOPTION PROCEDURES IN THE DISTRICT COURTS IN ARANSAS, BEE, LIVE OAK, MCMULLEN and SAN PATRICIO COUNTIES
The order takes effect when the original petition is filed and terminates when the Court signs a final order or the case is dismissed.
7.2 This order is effective upon the filing of the original petition and shall remain in full force and effect until the final order is entered in this case or the case is dismissed. This entire order will terminate and will no longer be effective when the Court signs a final order or the case is dismissed. The requirement of a bond is hereby waived
Civil cases
Page 4 | 7. SERVICE AND APPLICATION OF THIS ORDER
Service and Proof of Service Rules
Notice of a motion or request to set an uncontested non-jury civil case must be emailed to all other counsel and pro se parties.
Notice of such Motion or request shall be e-mailed to all other counsel/pro se parties in the case.
Page 5 | Rule 2.14 Request for Settings
The petitioner must serve the respondent under the Texas Rules of Civil Procedure or file a Waiver of Citation signed and dated after the divorce petition is filed.
Either: Serve the Respondent (the non-filing party) as stated in the Texas Rules of Civil Procedure; or, File a Waiver of Citation that is dated and signed after the date the Petition for Divorce is filed.
Page 30 | Pro-se Divorce Procedures in the District Courts
The pro se petitioner must keep the District Clerk's office informed of their current address.
The Pro Se Petitioner must keep the District Clerk's office notified of their current address.
Page 30 | Pro-se Divorce Procedures in the District Courts
Filing Fees and Waivers
The Clerk's deposit-for-costs requirement must be met before a severed claim is filed as a new case.
Before the severed claim is filed as a new case, the Clerk's requirement concerning deposit for costs shall be met.
Page 5 | Rule 3.12 Motions for Severance
An incorrect address in the Clerk's file may result in dismissal, loss of the filing fees, and the need to file a new case with new filing fees.
If the Clerk's file does not have a correct address the case may be dismissed and the filing fees will be lost and a new case would then need to be filed with new filing fees.
Page 30 | Pro-se Divorce Procedures in the District Courts
Courtesy Copy Requirements
Courtesy copies of all motions, responses, and replies must be mailed or delivered to the Judge before the submission date; email is not accepted.
Courtesy copies of all motions, responses and replies shall be MAILED OR DELIVERED (EMAILS ARE NOT ACCEPTED) to the Judge prior to the submission date at the Court's address on the setting notice.
Page 5 | Rule 3.14 Motions for Summary Judgment
A courtesy copy of the inventory must be provided to the Court at the hearing.
A courtesy copy of the inventory shall be provided to the Court at the time of hearing.
Page 8 | Rule 4.12 Property Division
Courtesy copies of summary judgment motions, responses, and replies must be mailed or delivered to the Judge at the Sinton office before the submission date.
Courtesy copies of all motions, responses and replies shall be mailed or delivered to the Judge prior to the submission date at the Sinton, Texas office.
Page 10 | Rule 3.15 Motions for Summary Judgment
A courtesy copy of the inventory must be provided to the Court at the hearing.
A courtesy copy of the inventory shall be provided to the Court at the time of hearing.
Page 14 | Rule 4.12 Property Division
Pre-Motion Conference Requirements
Summary judgment motions will be decided by submission only unless the Court approves otherwise.
All motions for summary judgment will be set by submission only unless otherwise approved by the Court.
Page 9 | Rule 3.15 Motions for Summary Judgment
Adjournment & Extension Requirements
If the other court's case is passed, continued, or disposed of before or during the week of trial, the attorney must immediately notify the Court and opposing counsel.
In the event the case in the other Court is passed, continued or disposed of prior to or during the week in which the case is set for trial in these Courts, the attorney shall immediately notify the Court and opposing counsel of such fact.
Page 6 | Rule 3.17 Conflicting Engagements of Counsel
A tentative schedule in another court is not a ground for granting a continuance.
Tentative schedules in some other Court will not be grounds for granting a continuance.
Page 6 | Rule 3.17 Conflicting Engagements of Counsel
If an attorney’s vacation conflicts with a prescheduled trial date, a motion for continuance must be filed, and the judge decides whether to grant it.
If there is a prescheduled trial date a Motion for Continuance must be filed and said continuance may be granted at the discretion of the judge.
Page 10 | Rule 6.10 Attorney Vacations.
A motion to continue a trial setting, including a joint or agreed motion, cannot be granted without the Court's consent.
No Motion for Continuance of a trial setting, including joint or agreed motions of all parties shall be granted without the Court's consent.
Page 9 | Rule 3.13 Motions for Continuance
A tentative schedule in another court is not grounds for a continuance.
Tentative schedules in some other Court will not be grounds for granting a continuance.
Page 11 | Rule 3.19 Conflicting Engagements of Counsel
A continuance for a prescheduled trial date requires a filed motion and may be granted at the judge’s discretion.
If there is a prescheduled trial date a Motion for Continuance must be filed and said continuance may be granted at the discretion of the judge.
Page 18 | Rule 8.10 Attorneys - Attorney Vacations
Grounds for a trial continuance should be presented at the Pre-Trial setting or at least ten days before the trial setting at the call of the docket.
Any grounds for continuance of a trial setting should be presented to the Court at the Pre-Trial setting or at least ten (10) days prior to the trial setting at the call of the docket.
Page 5 | Rule 3.13 Motions for Continuance
For conflicting settings, the court with the earliest setting has preference, except that criminal cases in all District Courts take priority over civil cases.
In case of such conflicting settings, the Court whose date of setting is the earliest has preference; except that criminal cases in all District Courts shall have priority over civil cases.
Page 6 | Rule 3.17 Conflicting Engagements of Counsel
For a continuance based on counsel's trial setting elsewhere, the motion should identify the other court and case and estimate counsel's unavailability, and the Court may verify that counsel's appearance is necessary.
When a Motion for Continuance is made on the basis that counsel already has a trial setting in another court, such motion should state the court and cause number and style of the case pending elsewhere and should include the estimated length of time the attorney will be unavailable to this Court. The Court reserves the right to verify that appearance of counsel is necessary in any other Courts.
Page 6 | Rule 3.17 Conflicting Engagements of Counsel
Grounds for continuing a trial setting should be presented to the Court at least 10 days before the trial setting, at the call of the docket or at the Pre-Trial Conference.
Any grounds for continuance of a trial setting should be presented to the Court at least ten (10) days prior to the trial setting at the call of the docket or at Pre-Trial Conference.
Page 9 | Rule 3.13 Motions for Continuance
Upon granting a Motion for Continuance, a setting conference shall immediately be held and the Order granting such Motion for Continuance should contain an Order resetting the case for trial.
Upon granting a Motion for Continuance, a setting conference shall immediately be held and the Order granting such Motion for Continuance should contain an Order resetting the case for trial.
Page 9 | Rule 3.13 Motions for Continuance
When a Motion for Continuance is made on the basis that counsel already has a trial setting in another court, such motion should state the court and cause number and style of the case pending elsewhere and should include the estimated length of time the attorney will be unavailable to this Court.
When a Motion for Continuance is made on the basis that counsel already has a trial setting in another court, such motion should state the court and cause number and style of the case pending elsewhere and should include the estimated length of time the attorney will be unavailable to this Court.
Page 11 | Rule 3.19 Conflicting Engagements of Counsel
If a setting is made after the Court Administrators receive an attorney’s vacation letter, the attorney may request a reset from the Court Administrator without filing a motion for continuance.
If a setting is made after a vacation letter has been received by the Court Administrators said attorney may request a reset from the Court Administrator without a Motion for Continuance.
Page 10 | Rule 6.10 Attorney Vacations.
The Court may verify whether counsel’s appearance is necessary in the other court.
The Court reserves the right to verify that appearance of counsel is necessary in any other Courts.
Page 11 | Rule 3.19 Conflicting Engagements of Counsel
If a setting is made after the Court Administrators receive a vacation letter, the attorney may request a reset from the Court Administrator without filing a Motion for Continuance.
If a setting is made after a vacation letter has been received by the Court Administrators said attorney may request a reset from the Court Administrator without a Motion for Continuance.
Page 18 | Rule 8.10 Attorneys - Attorney Vacations
Chambers Communication Rules
In a criminal case where the defendant or a trial witness does not speak English, counsel must notify the District Judges' office about the need for a translator at appointment or appearance, or as soon as the need arises.
In any Criminal case where the defendant or any trial witness does not speak English, the attorney representing the State or the Defendant must advise the District Judges' office of the need for a translator at the time of appointment/appearance or as soon as the need arises.
Page 7
A court date will not be set if the stated service, waiver or answer, and decree-file conditions are unmet.
If the Respondent was not served, there is no waiver of service or no answer by the Respondent or a Decree of Divorce in the clerk's file then a court date will not be set.
Page 30 | Pro-se Divorce Procedures in the District Courts
After completing the listed prerequisites, the pro se petitioner may call the court administrator to request a court date.
When all of the above requirements have been completed, the Pro Se Petitioner may call the Court Administrator of the court that the divorce was filed in at the number listed below to request a court date.
Page 30 | Pro-se Divorce Procedures in the District Courts
Docket control conferences are held by telephone conference call or email unless otherwise specified.
Docket control conferences will be held by telephone conference call or e-mail unless otherwise specified.
Page 3 | Rule 2.15 Request for Settings
A trial setting may be requested from the Court Administrators' office by email.
Cases may be set for trial upon request to the Court Administrators' office by Motion, letter, email or telephone.
Page 3 | Rule 2.15 Request for Settings