San Saba County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance of an MSJ hearing will not be granted without compelling evidence of good cause presented in a sworn motion for continuance.
Request must include
Document Format Requirements1 rule
Designation of Reporter's Record must also specify if a hard paper copy is needed, otherwise all records will be delivered in an electronic PDF format via email or CD.
- File type
Document Filing Requirements30 rules
If counsel do not agree on a trial setting, the attorney who sets the case must immediately notify opposing counsel and include a detailed certificate of conference on the notice of setting.
- Document
- Notice of setting
Must include
- •Certificate of conference
Court's wording
If the case is set without agreement of Counsel, the Attorney who set the case shall immediately notify opposing Counsel according to the Rules of Civil Procedure, and provide a written certificate of conference on their notice of setting explaining in detail their attempts to confer with opposing counsel regarding the date.
For an opposed motion or special exception, the moving party must include one of the specified certificates at the end of the pleading.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
If the motion or special exception will be opposed, the moving party shall include at the end of his pleading one of the following certificates: 1) "A conference was held on (date) with (name), Attorney for opposing party, on the substance of this motion or special exception. We are not able to agree, therefore, the matter is presented to the Court for determination," or 2) "I was unable to reach opposing Counsel, (name), to confer about the merits of this matter, after the following attempts: (briefly state the dates and nature of the unsuccessful attempts to contact opposing Counsel)." Or 3) In multi-party cases, "Before setting this matter for hearing, I attempted to resolve this dispute by sending the attached letter to all Counsel of record."
If the motion or special exception will not be opposed, the moving party shall submit a proposed order signed by Counsel for all parties affected by the order indicating approval of same.
- Document
- Motion
Must include
- •Proposed order
Every order or decree requiring payment of child support shall require all payments be made through the Attorney General's Office, Child Support Disbursement Unit, unless otherwise directed.
4. Other Forms. The party who is responsible for preparing a decree of divorce for the Judge to sign is also responsible for completing any vital statistics forms and other documents required by the District Clerk's office.
A pre-trial matter will not be set for hearing without one of the foregoing certificates, except in the specified cases and matters.
Court's wording
b) The Court Coordinator will not set any pre-trial matter for hearing unless it is accompanied by one of the foregoing certificates. c) This rule does not apply to cases in which no opposing Attorney has entered an appearance, or to matters involving family violence, habeas corpus, attachment, contempt of court, or temporary orders.
2. Information. The party who is to receive support shall provide to the District Clerk's office the information required by that office.
The party is also responsible for having all documents required by the District Clerk for forwarding wage assignments completed and filed with the wage assignment order.
Each party must file a sworn inventory and appraisement of the parties' property, including property belonging to their children, within 60 days after the Respondent's answer or waiver is filed, unless a written agreement completely settles property, custody, and support matters.
Court's wording
a) Within sixty days after Respondent's answer or waiver is filed, each party shall file with the District Clerk, a copy being furnished to the Judge, opposing Counsel and pro se parties, a sworn inventory and appraisement of all property (both separate and community) of the parties, including any property belonging to children of the parties. b) In the event of the filing of a written agreement completely settling the property of the parties to such action and all custody and support matters, it shall not be necessary to file such inventories and appraisements.
Counsel must certify to the Court that they were unable to resolve the dispute by any mediation procedure seven (7) days before trial commences.
For a trial determining child or spousal support, each party must deliver a completed Exhibit B form to the opposing party and Court Coordinator before 5:00 p.m. seven days before trial.
Court's wording
a) Before 5:00 p.m. on the date that is seven days prior to the date set for a trial on the merits before a Judge to determine an amount of child or spousal support, each party shall deliver to the opposing party and to the Court Coordinator of the Court in which the case is filed a Proposed Support Decision and Information, fully completed and in the form attached to these Rules as Exhibit "B".
If the specified agreement and trial-setting conditions are met, the parties must deliver either their signed written agreement or a jointly signed Proposed Disposition of Issues to the Court Coordinator.
Court's wording
b) If the parties have an agreement on issues pertaining to the division of community property and community debt, and the trial on the merits on the Court's docket setting remains at the time the parties are required to deliver the Proposed Disposition of Issues, the parties shall deliver to the Court Coordinator either a signed copy of their written agreement or a single Proposed Disposition of Issues stating their agreement and signed by both parties.
If the parties agree on all support issues and the setting remains on the docket, they must deliver either their signed written agreement or a jointly signed form stating their agreement to the Court Coordinator.
Court's wording
b) If the parties have an agreement on all issues pertaining to support, and the setting remains on the Court's docket at the time when the Proposed Support Decision and Information forms must be delivered, the parties shall deliver to the Court Coordinator either a signed copy of their written agreement or a single Proposed Support Decision and Information stating their agreement and signed by both parties.
When a party must deliver disputed or agreed pretrial forms, the party must also deliver a Proposed Disposition of Other Issues to each opposing party and the Court Coordinator, except for temporary-orders requirements.
Court's wording
Except for temporary orders requirements, at the time any party is required by these Rules to deliver one or more disputed or agreed pre-trial forms, the party shall also deliver to each opposing party and to the Court Coordinator a Proposed Disposition of Other Issues, which shall state separately in brief, complete sentences each trial or hearing decision that is sought by the party not covered by a required form.
Immediately before a temporary-orders hearing deciding child or spousal support, each party must deliver a completed Exhibit B form to the opposing party if known and to the Court.
Court's wording
Immediately before a hearing on temporary orders in which the Court must decide temporary child support or temporary spousal support, each party shall deliver to the opposing party if known, and to the Court, a Proposed Support Decision and Information, fully completed and in the form attached to these Rules as Exhibit "B".
Attorneys must confer with opposing counsel before requesting a trial setting; if they do not agree on a date, the setting attorney must immediately notify opposing counsel and include a detailed written certificate of conference on the notice of setting.
- Document
- Notice of setting
Must include
- •Certificate of conference
Court's wording
Attorneys shall communicate with opposing Counsel before requesting the setting of a trial in an effort to agree upon a setting date. If the case is set without agreement of Counsel, the Attorney who set the case shall immediately notify opposing Counsel according to the Rules of Civil Procedure, and provide a written certificate of conference on their notice of setting explaining in detail their attempts to confer with opposing counsel regarding the date.
If the motion or special exception will not be opposed, the moving party shall submit a proposed order signed by a Counsel for all parties affected the order indicating approval of same.
- Document
- Motion or special exception
Must include
- •Proposed order
For an opposed motion or special exception, the moving party must include one of the specified certificates at the end of the pleading, and the Court Coordinator will not set the matter for hearing without one.
- Document
- Motion or special exception
Must include
- •Certificate of conference
Court's wording
If the motion or special exception will be opposed, the moving party shall include at the end of Movant’s pleading one of the following certificates: 1) “A conference was held on (date) with (name), Attorney for opposing party, on the substance of this motion or special exception. We are not able to agree, therefore, the matter is presented to the Court for determination,” or; 2) “I was unable to reach opposing Counsel, (name), to confer about the merits of this matter, after the following attempts: (briefly state the dates and nature of the unsuccessful attempts to contact opposing Counsel).” or; 3) In multi-party cases, “Before setting this matter for hearing, I attempted to resolve this dispute by sending the attached letter to all Counsel of record.” b) The Court Coordinator will not set any pre-trial matter for hearing unless it is accompanied by one of the foregoing certificates.
After discovery and before trial, counsel must participate in mediation unless the Court waives it, and must certify to the Court seven days before trial that mediation did not resolve the dispute.
Court's wording
After completion of discovery but prior to any case being tried before the Court or a jury, counsel will participate in mediation to attempt to resolve the dispute, unless waived by the Court. Counsel must certify to the Court that they were unable to resolve the dispute by any mediation procedure seven (7) days before trial commences.
In the event more than one Attorney represents a Defendant, then the lead Attorney shall file with the Court a designation of lead Attorney.
Motions to Substitute Counsel will be granted without hearing if the order is signed by the Defendant as well as the incoming and outgoing Attorneys.
A written designation must specify the date of each hearing requested for inclusion in the appellate record.
Court's wording
All official reporter's records are archived by date; therefore, the written designation to the Official Court Reporter must include the date specificity regarding each specific hearing being requested to be included in the Reporter's Record on appeal.
All hearings being requested to be included in the Official Record on an indigent county-paid appeal other than the jury trial portion of said record must be pre-approved by the Presiding Judge for county payment.
Any request for oral argument must be made in writing at least seven (7) days prior to the hearing date and must be e-filed and served on all parties.
A no-evidence summary-judgment motion must be accompanied by a separate Adequate-Time-for-Discovery Docketing Statement.
Court's wording
Any no-evidence motion for summary judgment must be accompanied by a separate Adequate-Time-for-Discovery Docketing Statement which shall affirmatively state that one of the presumptive discovery thresholds has been met or set forth specific grounds explaining why an adequate time for discovery has otherwise passed.
3. Wage Assignment Order. The party who is to receive support through a wage assignment is responsible for presenting the wage assignment order to the Judge, if at all possible, at the time a decree of divorce or order modifying a prior order is signed.
5. QDRO. The party who is to receive a portion of another party's retirement benefit through a domestic relations order is responsible to present the order, if at all possible, at the time the decree of divorce is signed.
d) The parties may agree in writing to exchange inventories without filing the inventories or to delay filing inventories beyond sixty days after an answer or waiver is field, but the Court may require the filing of same, over the objection of all parties, unless there is a written agreement completely settling the property and all custody and support matters.
If timely designation is not forthcoming, the Official Reporter will prepare the jury trial portion of the record, including voir dire, for filing with the Third Court of Appeals and no other hearings will be included.
Designation of Reporter's Record must also specify if a hard paper copy is needed, otherwise all records will be delivered in an electronic PDF format via email or CD.
Filing & Service rules
Electronic Filing Rules
When the appellate record is complete, the original transcript must be e-filed with the Third Court of Appeals and electronic copies transmitted to appellate counsel, State's counsel, and the District Clerk, unless otherwise specified.
Upon completion of appellate record, the original transcript will be E-filed with the Third Court of Appeals and electronic copies of same will be transmitted to appellate counsel, counsel for the State of Texas, and the District Clerk of said county unless otherwise specified.
Page 30 | VI. CRIMINAL CASES - INDIGENT COUNTY PAID APPEALS IN CRIMINAL CASES
An oral-argument request must be e-filed at least seven days before the hearing.
Any request for oral argument must be made in writing at least seven (7) days prior to the hearing date and must be e-filed and served on all parties.
Civil cases
Page 1 | I. HEARING SETTINGS
All parties must e-file proposed orders before the hearing or submission date.
All parties shall e-file proposed orders prior to the hearing or submission date.
Civil cases
Page 2 | III. PROPOSED ORDERS
Filing Timing and Cure Windows
Each party must file the inventory and appraisement within 60 days after the Respondent's answer or waiver is filed.
a) Within sixty days after Respondent's answer or waiver is filed, each party shall file with the District Clerk, a copy being furnished to the Judge, opposing Counsel and pro se parties, a sworn inventory and appraisement of all property (both separate and community) of the parties, including any property belonging to children of the parties.
Page 12 | D. PRE-TRIAL PROCEDURES IN FAMILY LAW CASES — 1. Inventory and Appraisement
Pretrial hearings must be held at least seven days before jury trial.
b) All pre-trials shall be held at least seven (7) days prior to jury trial.
Page 29
Upon appointment as appellate counsel to handle a specific appeal, all court-appointed appellate attorneys are advised that they are required to deliver a written designation to the Official Court Reporter and/or the Deputy Official Reporter within 15 days of appointment whereas the Official Reporter can begin transcription and meet imposed deadlines with the Third Court of Appeals.
Upon appointment as appellate counsel to handle a specific appeal, all court-appointed appellate attorneys are advised that they are required to deliver a written designation to the Official Court Reporter and/or the Deputy Official Reporter within 15 days of appointment whereas the Official Reporter can begin transcription and meet imposed deadlines with the Third Court of Appeals.
Page 29 | VI. CRIMINAL CASES - INDIGENT COUNTY PAID APPEALS IN CRIMINAL CASES
For an indigent defendant or one seeking appointed counsel after conviction, trial counsel must file a motion for new trial and notice of appeal before withdrawing.
If a defendant has been deemed to be indigent or files for appointed counsel after conviction, trial counsel shall file a Motion for New Trial and a Notice of Appeal before withdrawing from the case.
Page 29 | VI. CRIMINAL CASES - INDIGENT COUNTY PAID APPEALS IN CRIMINAL CASES
Pretrial motions must be filed at least seven days before the pretrial hearing.
c) All pre-trial motions must be filed at least seven (7) days before the date of the pre-trial hearing.
Page 29
The Court will schedule a summary-judgment hearing 35–60 days after filing, with scheduling up to 90 days permitted under the stated conditions.
1. Upon filing of a Motion for Summary Judgment, the Court will schedule a hearing at the first available date occurring no earlier than thirty-five (35) days after the date of filing and no later than sixty (60) days from the date of filing. 2. If required by docket constraints, for good cause shown or upon agreement of the movant the hearing may be scheduled up to ninety (90) days from the date of filing, but not beyond that time.
Civil cases
Page 1 | I. HEARING SETTINGS
An oral-argument request must be filed at least seven days before the hearing.
Any request for oral argument must be made in writing at least seven (7) days prior to the hearing date and must be e-filed and served on all parties.
Civil cases
Page 1 | I. HEARING SETTINGS
Unless the Court grants leave, the movant may file and serve a reply within seven days after the response is filed.
B. Reply. Except on leave of Court, the movant may file and serve a reply within seven (7) days after the non-movant's response is filed.
Civil cases
Page 2 | II. NOTICE AND RESPONSE DEADLINES
Unless the Court grants leave, the non-movant must file and serve its response and summary-judgment evidence within 21 days after the motion is filed.
A. Response. Except on leave of Court, the non-movant's response and summary-judgment evidence must be filed and served within twenty-one (21) days after the Motion for Summary Judgment is filed.
Civil cases
Page 2 | II. NOTICE AND RESPONSE DEADLINES
The non-movant may file a written response contesting the docketing statement within 10 days after the docketing statement and no-evidence motion are filed.
The non-movant shall have ten (10) days from the date the docketing statement and no evidence motion are filed to file a written response contesting the contents of the docketing statement.
Civil cases
Page 2 | VII. RESPONSE TO DOCKETING STATEMENT
Proposed orders must be e-filed before the hearing or submission date.
All parties shall e-file proposed orders prior to the hearing or submission date.
Civil cases
Page 2 | III. PROPOSED ORDERS
To encourage the expeditious disposal of cases, to promote judicial economy, and without the diluting the rights of Defendants and in the interest of justice, the District Attorney's office will provide a check list of discovery material provided informally to the Defense Attorney and the list will be filed with the Court upon completion of discovery.
To encourage the expeditious disposal of cases, to promote judicial economy, and without the diluting the rights of Defendants and in the interest of justice, the District Attorney's office will provide a check list of discovery material provided informally to the Defense Attorney and the list will be filed with the Court upon completion of discovery.
Page 25 | H. DISCOVERY
Late filings will not be considered unless the Court grants leave.
C. Late Filings. Late filings will not be considered absent leave of Court.
Civil cases
Page 2 | II. NOTICE AND RESPONSE DEADLINES
The Court will sign and file its written order resolving the summary-judgment motion within 90 days after the hearing.
The Court will sign a written order resolving the MSJ and file it with the clerk no later than ninety (90) days from the date of the hearing.
Civil cases
Page 2 | IV. COURT'S RULING DEADLINES
Service and Proof of Service Rules
Before presenting a TRO or other petition for extraordinary relief, the movant’s attorney must notify known opposing counsel and give them an opportunity to appear.
Before presenting a TRO or any petition for extraordinary relief, the Attorney representing the Defendant or Respondent, if known, must be notified by the Plaintiff's or Movant's Attorney and given the opportunity to appear with Plaintiffs or Movant's Attorney.
Page 7 | C. TRO'S, WRITS OF ATTACHMENT, WRITS OF GARNISHMENT, WRITS OF SEQUESTRATION
Each party must furnish a copy of the inventory and appraisement to the Judge, opposing Counsel, and pro se parties.
a) Within sixty days after Respondent's answer or waiver is filed, each party shall file with the District Clerk, a copy being furnished to the Judge, opposing Counsel and pro se parties, a sworn inventory and appraisement of all property (both separate and community) of the parties, including any property belonging to children of the parties.
Page 12 | D. PRE-TRIAL PROCEDURES IN FAMILY LAW CASES — 1. Inventory and Appraisement
Each party must deliver the proposed support form to the opposing party and Court Coordinator before 5:00 p.m. seven days before a trial determining child or spousal support.
a) Before 5:00 p.m. on the date that is seven days prior to the date set for a trial on the merits before a Judge to determine an amount of child or spousal support, each party shall deliver to the opposing party and to the Court Coordinator of the Court in which the case is filed a Proposed Support Decision and Information, fully completed and in the form attached to these Rules as Exhibit "B".
Page 13 | 3. Proposed Support Decision and Information.
At the time disputed or agreed pretrial forms are due, the party must also deliver the Proposed Disposition of Other Issues to each opposing party and the Court Coordinator, except for temporary-orders requirements.
Except for temporary orders requirements, at the time any party is required by these Rules to deliver one or more disputed or agreed pre-trial forms, the party shall also deliver to each opposing party and to the Court Coordinator a Proposed Disposition of Other Issues, which shall state separately in brief, complete sentences each trial or hearing decision that is sought by the party not covered by a required form.
Page 14 | 6. Proposed Disposition of Other Issues.
Immediately before the specified temporary-orders hearing, each party must deliver the form to the opposing party if known and to the Court.
Immediately before a hearing on temporary orders in which the Court must decide temporary child support or temporary spousal support, each party shall deliver to the opposing party if known, and to the Court, a Proposed Support Decision and Information, fully completed and in the form attached to these Rules as Exhibit "B".
Page 14 | 5. Proposed Support Decision—Temporary Orders.
Upon employment, defense counsel must provide written notice to the County Attorney, County Clerk, and Court Coordinator in the court where the case is filed.
Upon employment, the Defense Attorney shall give notice thereof, in writing, to the County Attorney, to the County Clerk and the Court Coordinator in the Court in which the case is filed.
Page 27 | 3. Notice in Retained Cases
Motions to withdraw or substitute counsel must be set with the Court Coordinator at the Court’s convenience, and notice must be delivered to the State when the motion is set.
Motions to Withdraw or Substitute Counsel are set with the Court Coordinator at the convenience of the Court. Notice of such motions shall be delivered to the State when the motion is set.
Page 28 | D. WITHDRAWAL OF COUNSEL
Defense attorneys must subpoena all witnesses and law enforcement officers necessary for pretrial hearings.
4. Defense Attorneys shall subpoena all witnesses, including the State's witnesses, and law enforcement officers necessary for pre-trial hearings.
Page 29
An oral-argument request must be served on all parties at least seven days before the hearing.
Any request for oral argument must be made in writing at least seven (7) days prior to the hearing date and must be e-filed and served on all parties.
Civil cases
Page 1 | I. HEARING SETTINGS
Unless the Court grants leave, the movant may serve a reply within seven days after the response is filed.
B. Reply. Except on leave of Court, the movant may file and serve a reply within seven (7) days after the non-movant's response is filed.
Civil cases
Page 2 | II. NOTICE AND RESPONSE DEADLINES
Unless the Court grants leave, the non-movant must serve its response and summary-judgment evidence within 21 days after the motion is filed.
A. Response. Except on leave of Court, the non-movant's response and summary-judgment evidence must be filed and served within twenty-one (21) days after the Motion for Summary Judgment is filed.
Civil cases
Page 2 | II. NOTICE AND RESPONSE DEADLINES
Filing Fees and Waivers
A jury trial will not be set until the jury fee is paid and mediation has occurred.
No setting for jury trial will be given until the proper jury fee has been paid and mediation has occurred.
Page 9 | B. SETTING THE CASE; 1. Court Coordinator/Administrator
Pre-Motion Conference Requirements
Before requesting a trial setting, attorneys must communicate with opposing counsel in an effort to agree on a date.
Attorneys shall communicate with opposing Counsel before requesting the setting of a trial in an effort to agree upon a setting date.
Page 9 | B. SETTING THE CASE; 2. Attorney Conference
Before setting a pre-trial matter for hearing, the moving party must communicate with opposing counsel to determine whether the contemplated motion or special exception is opposed.
No pre-trial matter will be set for hearing unless the moving party has first communicated with opposing Counsel to determine whether a contemplated motion or special exception will not be opposed.
Page 10 | B. SETTING THE CASE; 5. Attempt to Confer
After discovery and before trial, counsel must participate in mediation unless the Court waives it.
After completion of discovery but prior to any case being tried before the Court or a jury, counsel will participate in mediation to attempt to resolve the dispute, unless waived by the Court.
Page 13 | 4. Mediation.
Before a pre-trial matter is set for hearing, the moving party must communicate with opposing counsel to determine whether the contemplated motion or special exception will be opposed.
a) No pre-trial matter will be set for hearing unless the moving party has first communicated with opposing Counsel to determine whether a contemplated motion or special exception will be opposed.
Page 19 | 5. Attempt to Confer
Adjournment & Extension Requirements
A continuance of an MSJ hearing will not be granted without compelling evidence of good cause presented in a sworn motion for continuance.
Continuances of MSJ hearings will not be granted absent compelling evidence demonstrating good cause as outlined under a sworn motion for continuance.
Civil cases
Page 3 | IX. CONTINUANCES
Chambers Communication Rules
When setting a jury trial, the Court Coordinator/Administrator must schedule a pre-trial hearing date.
At the time a jury trial is set, the Court Coordinator/Administrator shall schedule a date for the pre-trial hearing.
Page 9 | B. SETTING THE CASE; 1. Court Coordinator/Administrator
Settings for non-jury matters and jury trials must be arranged through the Court Coordinator/Administrator’s office.
All settings for non-jury matters and jury trials shall be done though the office of the Court Coordinator/Administrator for the court in which the case is pending.
Page 9 | B. SETTING THE CASE; 1. Court Coordinator/Administrator
Requests for settings must not be directed to any Judge.
No request for settings shall be directed toward any Judge.
Page 10 | B. SETTING THE CASE; 3. Conflicts
A conflict or difficulty obtaining a setting may require a court hearing, at which the Court will resolve the conflict or set a reasonable date for all parties.
Any conflicts or difficulties in obtaining a setting may require a hearing before the Court. The Court shall then resolve the conflict or set the case at a time that is reasonable for all parties.
Page 10 | B. SETTING THE CASE; 3. Conflicts