San Saba County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Notice of setting

Must include

certificate of conference

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.

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.

CRITICAL

Applies to

Motion or special exception

Must include

proposed order

For an unopposed motion or special exception, the moving party must submit a proposed order signed by counsel for all parties affected by the order, indicating their approval.

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.

CRITICAL

Applies to

Motion or special exception

Must include

certificate of conference

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.

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.

CRITICAL

Applies to

Mediation certification

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.

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.

CRITICAL

Applies to

Designation of lead attorney

When multiple attorneys represent a defendant, the lead attorney must file a designation of lead attorney with the Court.

In the event more than one Attorney represents a Defendant, then the lead Attorney shall file with the Court a designation of lead Attorney.

CRITICAL

Applies to

Order for substitution of counsel

A motion to substitute counsel may be granted without a hearing if the order is signed by the defendant and both the incoming and outgoing attorneys.

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.

CRITICAL

Applies to

Written designation

A written designation must specify the date of each hearing requested for inclusion in the appellate record.

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.

CRITICAL

Applies to

Appellate record

Hearings other than the jury-trial portion requested for inclusion in an indigent county-paid appellate record require the Presiding Judge's advance approval for county payment.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

For an unopposed motion or special exception, the moving party must submit a proposed order signed by counsel for all affected parties to indicate approval.

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.

CRITICAL

Applies to

Motion

Must include

certificate of conference

For an opposed motion or special exception, the moving party must include one of the specified certificates at the end of the pleading.

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."

CRITICAL

Applies to

Pre trial matter

A pre-trial matter will not be set for hearing without one of the foregoing certificates, except in the specified cases and matters.

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.

CRITICAL

Applies to

Child support order or decree

An order or decree requiring child support payments must direct payment through the Attorney General's Office, Child Support Disbursement Unit, unless otherwise directed.

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.

CRITICAL

Applies to

Support information

The party receiving support must provide the District Clerk's office with the information it requires.

2. Information. The party who is to receive support shall provide to the District Clerk's office the information required by that office.

CRITICAL

Applies to

Wage assignment order

The responsible party must complete and file with the wage assignment order all documents the District Clerk requires to forward wage assignments.

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.

CRITICAL

Applies to

Decree of divorce

The party preparing a divorce decree for the Judge's signature must also complete required vital statistics forms and other documents required by the District Clerk's office.

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.

CRITICAL

Applies to

Inventory and appraisement

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.

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.

CRITICAL

Applies to

Proposed disposition of issues

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.

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.

CRITICAL

Applies to

Proposed support decision and information

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.

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".

CRITICAL

Applies to

Proposed support decision and information

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.

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.

CRITICAL

Applies to

Mediation certification

Must include

certificate of conference

Counsel must certify to the Court seven days before trial that mediation did not resolve the dispute.

Counsel must certify to the Court that they were unable to resolve the dispute by any mediation procedure seven (7) days before trial commences.

CRITICAL

Applies to

Proposed support decision and information

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.

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".

CRITICAL

Applies to

Proposed disposition of other issues

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.

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.

CRITICAL

Applies to

Notice of setting

Must include

certificate of conference

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.

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.

CRITICALCivil cases

Applies to

Oral argument request

An oral-argument request must be written, e-filed, and 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.

CRITICALCivil cases

Applies to

No evidence motion

A no-evidence summary-judgment motion must be accompanied by a separate Adequate-Time-for-Discovery Docketing Statement.

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.

WARNING

Applies to

Appellate record

If counsel does not timely designate the record, the Official Reporter will prepare only the jury-trial portion, including voir dire, for filing with the Court of Appeals.

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.

WARNING

Applies to

Written designation

A designation must state whether a hard paper copy is needed; otherwise, records are delivered as electronic PDFs by email or CD.

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.

WARNING

Applies to

Wage assignment order

The party receiving support through a wage assignment is responsible for presenting the wage assignment order to the Judge, if possible, when the divorce decree or modifying order is signed.

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.

WARNING

Applies to

Domestic relations order

The party receiving a portion of another party's retirement benefit through a domestic relations order is responsible for presenting the order, if possible, when the divorce decree 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.

WARNING

Applies to

Inventory and appraisement

The parties may agree in writing to exchange inventories without filing them or to delay filing beyond 60 days, but the Court may require filing over their objection unless a written agreement completely settles property, custody, and support matters.

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.