San Patricio County District Court, Texas Document Filing Requirements

CRITICALCivil cases

Applies to

Certificate of completion

The course provider must issue each participant a certificate stating the participant’s name, provider’s name, completion date, and method of instruction.

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.

CRITICAL

Applies to

Felony case filing

Felony cases must use the specified case style and filing notation.

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"

CRITICAL

Applies to

Ex parte application

Applications for ex parte relief must state whether the opposing party is represented by counsel and, if so, identify counsel.

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.

CRITICAL

Applies to

Exhibit

Exhibits must be in English or offered with an English translation.

All exhibits shall be in the English language or, if they are not, they shall be offered with an English translation.

CRITICAL

Applies to

Exhibit

An exhibit offered with a translation must be disclosed to opposing parties with the translation at least three days before the offer.

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.

CRITICAL

Applies to

Jury charge

Prepare and submit the jury charge, including reasonably anticipated questions and instructions, at the pretrial hearing or at least seven days before trial, whichever is earlier.

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.

CRITICAL

Applies to

Inventory

In cases involving division of property or liabilities, each party must file and exchange sworn inventories.

In all cases requiring a division of property and/or liabilities, each party shall file with the court and exchange between themselves, sworn inventories.

CRITICAL

Applies to

Inventory

Each inventory must state each property's value and list each liability, any periodic payments in arrears, the property securing those payments, and the creditor's name.

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.

CRITICAL

Applies to

Proposed property division

Each attorney must submit a proposed property division, including property claimed or recognized as separate, to the Court and opposing counsel by the commencement of trial.

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.

CRITICAL

Applies to

Ex parte application

An ex parte relief application must state whether the opposing party is represented by counsel and, if so, identify counsel.

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.

CRITICAL

Applies to

Jury charge

Prepare and submit the anticipated jury charge to the Court at the pre-trial hearing or at least seven days before trial, whichever is earlier.

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.

CRITICAL

Applies to

Child support order

Child support payments are to be withheld from the obligor's earnings by court order.

Child support payments are to be ordered withheld from the obligor's earnings.

CRITICAL

Applies to

Child support income withholding order

Any child-support income-withholding order must be accompanied by the obligor's employer name and address.

The name and address of the obligor's employer must accompany any order for withholding from income for child support.

CRITICAL

Applies to

Inventory

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.

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.

CRITICAL

Applies to

Proposed property division

Each attorney must submit a proposed property division, including separate property, to the Court and opposing counsel by the commencement of trial.

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.

CRITICAL

Applies to

BVS and child related forms

At the conclusion of a family law case, the appropriate BVS and child-related forms must be completed.

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.

CRITICAL

Applies to

Retainer notice

Attorneys must notify the Judge’s Office and Clerk in writing that they are retained, and failure to notify the Clerk before the listed proceedings may result in appointment of another attorney and a requirement that the client pay for the services.

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.

CRITICAL

An attorney seeking to withdraw must present a motion and obtain leave of court, and the motion must include the client's written consent unless withdrawal is pursuant to the Texas Rules of Civil Procedure.

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.

CRITICAL

Applies to

Petition

The Petitioner must attach a copy of the order to the original petition and every copy of the petition.

7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.

CRITICAL

Applies to

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.

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

Certificate

The course provider must issue each participant a certificate stating the participant’s name, provider’s name, completion date, and method of instruction.

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.

CRITICAL

Applies to

Divorce decree

Before requesting a court setting, the petitioner must place a completed Divorce Decree and a clerk-obtained vital statistics form in the divorce file.

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.

CRITICAL

Applies to

Provider appointment order

Provide an order appointing the provider; you may suggest a provider, but the Judge retains the right to select the provider.

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.

CRITICAL

Applies to

Criminal history report

Obtain the criminal history report as required by Family Code Section 162.0085 from the Texas Department of Public Safety.

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

CRITICAL

Applies to

Ad litem appointment order

Provide an order appointing the ad litem; you may suggest an ad litem, but the Judge retains the right to select the ad litem.

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.

CRITICAL

Applies to

Written waiver

If you believe an ad litem is unnecessary, notify the court and provide the Judge a written waiver before obtaining a hearing date from the court administrator.

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.

CRITICALCivil cases

Applies to

Petition

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.

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.

WARNING

Applies to

Default judgment

After the defendant's appearance date passes, a written request for default judgment may be made and presented with a form of judgment and any affidavits concerning unliquidated parts of the claim.

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.

WARNING

Applies to

Adoption vital statistic form

4. Please do not forget to have your clients fill out the Adoption Vital Statistic Form prior to their leaving the courthouse.

4. Please do not forget to have your clients fill out the Adoption Vital Statistic Form prior to their leaving the courthouse.