Swisher County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance requires good cause shown by written motion supported by affidavit, and the motion must include a certificate of conference.
- Continuances are not granted summarily or automatically as a first continuance.
- An attorney seeking a continuance because of a conflicting trial setting must provide a motion with specified information and the setting notice, and must immediately notify the Judge and opposing counsel if the conflicting case is passed, continued, or disposed of before or during the week of trial.
Request must include
Document Format Requirements4 rules
In all jury cases, anticipated jury questions, definitions and instructions shall be submitted to the court in electronic medium, thumb drive, USB drive, or by email in Word format.
Appendices and transcriptions must conform to applicable appellate-court specifications and the identified appellate-record order and uniform format manual.
Court's wording
The form of the appendix and transcription shall conform to any specifications of the Supreme Court and/or the Court of Criminal Appeals and comply with the Order Directing the Form of the Appellate Record and the Uniform Format Manual for Texas Reporter's Records.
any exhibits designated by the parties for inclusion in the reporter's record shall be arranged in numerical order and firmly bound together so far as practicable
- Reporter record
Formatting
- •Arrange designated exhibits in numerical order
The court recommends using a substantially similar form to the current Texas Family Law Practice manual form or a form approved by the Court.
Court's wording
It is recommended that each party file this proposed property division form in a form substantially similar to the form found in the current Texas Family Law Practice manual published by the State Bar of Texas or in a form approved by the Court.
Document Filing Requirements23 rules
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.
A party who completes the course must file a certificate of completion with the court.
Court's wording
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.
By presenting an ex parte application, counsel represents either that the opposing party is unrepresented or that the specified notice or diligent-notice-attempt conditions are met.
Court's wording
By presenting any application for an ex parte order, counsel is deemed to represent to the Court that: 12. l to the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or 12.2 if the party against whom the relief is sought is represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) counsel presenting the application has diligently attempted to notify opposing counsel, has been unable to do so, and the circumstance do not permit additional efforts to give such notice.
In all cases in which the character, value or division of property or debts is in issue, each party shall file a proposed property division form including all of the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.
When temporary support of a spouse or child is at issue, each party must furnish a monthly income-and-expenses statement in a substantially similar form or a court-approved form.
Court's wording
In all cases in which temporary support of a spouse and/or the child is in issue, each party shall be required to furnish: 14. l A statement of monthly income and expenses in a form substantially similar to the form found in the current Texas Family Law Practice manual published by the State Bar of Texas or in a form approved by this Court.
In all cases in which temporary support of a spouse and/or the child is in issue, each party shall be required to furnish: 14.2 Copies of that party ' s federal income tax returns for the two calendar years prior to the temporary hearing.
When temporary support of a spouse or child is at issue, each party must furnish specified earnings records covering the prior calendar year and the current year through the temporary hearing date.
Court's wording
In all cases in which temporary support of a spouse and/or the child is in issue, each party shall be required to furnish: 14.3 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 and from January 1 of the current year through the date of the temporary hearing.
All Motions for continuance shall contain a certificate of conference that the request has been discussed with all opposing parties or counsel and that such Motion is agreed or opposed.
- Document
- Motion
Must include
- •Certificate of conference
a. A request for non-jury setting for a contested case shall include a certification that all discovery is complete, or will be complete within no more than twenty (20) days after the request.
b. Requests for settings for jury trial shall be made in writing addressed to the appropriate administrator, with notice to all counsel and pro se parties, and shall include an estimate of the time required for trial.
Such requests shall be addressed in writing to the appropriate administrator, with notice to all counsel and pro se parties, and shall include an estimate of the time required for trial.
a. Requests for settings for jury trials shall include a certification that all discovery is complete, or will be complete at least twenty (20) days prior to the first docket date, that the jury fee has been paid, and that a demand for jury has been filed.
In disputed property division cases, each attorney shall submit to the court and opposing counsel not later than the commencement of trial an inventory of property, with values, and debts and a proposed property division including property claimed or recognized as separate property.
In suits involving the parent-child relationship other than uncontested adoptions and terminations, parties must file their children's interest seminar completion certificates with the Clerk.
Court's wording
In any suit involving the parent-child relationship, except uncontested adoptions and terminations, all parties shall successfully complete the children's interest seminar, "For Kids Sake", file their certificate of completion with the Clerk, and require children in their custody between the ages of six and seventeen to attend the "Sandcastles" program.
Any attorney substituting for another attorney of record shall file with the Clerk a written Notice of Substitution signed by the client. At the time of filing, such attorney shall furnish a copy of the notice to the Judge, the attorney for whom substitution is being made, and all other attorneys of record or pro-se parties.
A Motion for Continuance based on a conflicting trial must identify the other court, case style, setting time, and date the conflicting setting was made, and include a copy of the setting notice.
Court's wording
An attorney seeking to have a case continued on the grounds that the attorney is to go to trial in another court, shall furnish the court and opposing counsel with a Motion for Continuance, which shall disclose the name of the court in which such other case is filed, the style of the case, the time for which such case is set, and the date on which the conflicting setting was made. A copy of the setting notice of the conflicting case shall be attached to the motion.
Without a substitution, an attorney of record may withdraw only by motion and court order; the motion must include the client's written consent or the specified mailed notice and certification, with at least 10 days between mailing and presentation.
Court's wording
If there is no substitution of counsel as provided in Rule 10.02, no attorney of record shall attempt to withdraw 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 a certification that a copy of such motion has been mailed to the client at his/her last known address, with notice advising the client that the motion will be presented to the court at a date not less than 10 days after mailing, and that any objection to such withdrawal should be made to the court in writing before such date. Such notice shall be included within the Motion or a copy of the letter attached to the motion.
Each party shall file with its brief an appendix containing a written transcription of all portions of the recorded reporter's record and a copy of all exhibits relevant to the issues raised on appeal.
The reporter's record must clearly label its certified recording contents and include designated exhibits in numerical order, firmly bound where practicable, with a descriptive index and certified recorder logs.
Court's wording
The reporter's record on appeal from any proceeding of which an electronic recording has been made shall be labeled to reflect clearly the numbered contents certified by the court recorder to be a clear and accurate copy of the original recording of the entire proceedings; any exhibits designated by the parties for inclusion in the reporter's record shall be arranged in numerical order and firmly bound together so far as practicable, together with an index consisting of a brief description identifying each exhibit; and certified copies of the logs prepared by the court recorder under Rule 13.2, Texas Rules of Appellate Procedure shall be included.
If a party is unable to afford costs, the court recorder must transcribe or have transcribed the recorded reporter's record and file the transcription as that party's appendix, along with all exhibits.
All court personnel shall review and sign a Confidentiality Agreement in the form set out in Exhibit A to these Rules.
If the Petitioner omits the order, the clerk must request correction and notify the district administrative judge if the Petitioner fails or refuses to correct it.
Court's wording
If the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the clerk shall notify Petitioner of this Order and request Petitioner correct the filed petition and each copy and attach a copy of this order. If the Petitioner fails or refuses to do so, the clerk shall notify the administrative judge for the district.
The appellate court may direct a party to file a supplemental appendix containing a written transcription of additional portions of the recorded reporter's record.
Filing & Service rules
Electronic Filing Rules
Agreed or approved judgments and orders should be submitted electronically for the Judge’s signature.
a. Agreed or approved judgments and orders should be submitted by E-File for submission to the Judge for signature.
Page 7 | Rule 1.09 – Submission of Orders, Judgments, Instruments
Filing Timing and Cure Windows
The certificate of completion is due within 30 days after course completion or at the party’s next court appearance, whichever is sooner.
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.
Civil cases
Page 7 | 11. PARENT EDUCATION AND STABILIZATION
In contested matters, an unagreed order or judgment may be submitted no earlier than 10 days after a copy and instructions for written objections are mailed or delivered to opposing counsel or a pro se party.
b. In contested matters, orders and judgments which are not agreed or approved shall be submitted no sooner than 10 days after a copy has been mailed or delivered to opposing counsel or pro se party with instructions to opposing counsel or party to send written objections to the trial court before the proposed submission date.
Page 7 | Rule 1.09 – Submission of Orders, Judgments, Instruments
Within one year after referral to the Suspense Docket or the last status report, the attorneys in charge or pro se parties must file a case-status report with the clerk.
b. Within one year of referral of a case to a Suspense Docket or the last status report, all attorneys in charge or pro se parties shall file with the clerk a report explaining the status of the case.
Page 8 | Rule 3.09 – Suspense Docket
Unless good cause is shown, plea bargains other than those for first degree felonies must be announced at docket call or received in writing by 5:00 P.M. on the Tuesday before trial week to be approved.
Unless good cause is shown, plea bargains, except for first degree felonies, must be announced to the court in person at docket call or in writing received by the Court not later than 5:00 P.M. on the Tuesday prior to trial week or will not be approved.
Page 12 | Rule 5.09 Plea Bargains
The court recorder must file the original log and exhibits with the clerk after the proceeding ends.
c. Filing with the clerk the original log and exhibits after a proceeding ends, and within ten days, delivering to the court a certified copy of the recording of the proceeding that is appropriately labeled as required herein, to be stored at the court;
Page 16 | RULE 19 – COURT RECORDERS, RULES GOVERNING THE PROCEDURE FOR MAKING A RECORD OF CIVIL AND CRIMINAL COURT PROCEEDINGS BY ELECTRONIC RECORDING IN THE 64TH AND 242ND JUDICIAL DISTRICT COURTS
The court recorder must file the reporter's record with the court of appeals within fifteen days after the appeal is perfected.
The court recorder shall file the reporter's record with the court of appeals within fifteen days after the perfection of an appeal.
Page 17 | Rule 19.04 Time for Filing
Service and Proof of Service Rules
If, after service, no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of service of the original petition, this order shall continue in full force and effect as a temporary injunction until further order of this court.
If, after service, no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of service of the original petition, this order shall continue in full force and effect as a temporary injunction until further order of this court.
Civil cases
Page 6 | 8. SERVICE AND APPLICATION OF TIDS ORDER
A copy of a contested, unagreed order or judgment must be mailed or delivered to opposing counsel or the pro se party with instructions for submitting written objections before the proposed submission date.
b. In contested matters, orders and judgments which are not agreed or approved shall be submitted no sooner than 10 days after a copy has been mailed or delivered to opposing counsel or pro se party with instructions to opposing counsel or party to send written objections to the trial court before the proposed submission date.
Page 7 | Rule 1.09 – Submission of Orders, Judgments, Instruments
Requests for hearings on pre-trial motions must be submitted to the administrator for setting, after which the moving party must provide proper notice or citation to opposing parties entitled to it.
Requests for hearings on pre-trial motions including, but not limited to, temporary injunctions, discovery motions, protective orders, summary judgments, and contempt, shall be submitted to the administrator for setting. After setting is obtained, it is the responsibility of the moving party to obtain proper notice to or citation on all opposing parties entitled thereto.
Page 8 | Rule 3.10 – Hearings on Pre-Trial Pleas and Motions
When filing a Notice of Substitution, the attorney must furnish a copy to the Judge, outgoing attorney, and all other attorneys of record or pro se parties.
At the time of filing, such attorney shall furnish a copy of the notice to the Judge, the attorney for whom substitution is being made, and all other attorneys of record or pro-se parties.
Page 13 | Rule 10 – Attorney Matters, Rule 10.02
A copy of a motion to withdraw must be delivered or mailed to opposing counsel.
A copy of the motion shall also be delivered or mailed to opposing counsel.
Page 14 | Rule 10 – Attorney Matters, Rule 10.03
If leave to withdraw is granted, the attorney must notify the party and all other attorneys or pro se parties by certified mail, email, or E-File notification.
If leave is granted, the attorney shall notify the party and all other attorneys or pro se parties of such action by certified mail, email, or E-File notification.
Page 14 | Rule 10 – Attorney Matters, Rule 10.03
Filing Fees and Waivers
The jury fee must be paid for a jury-trial setting request.
a. Requests for settings for jury trials shall include a certification that all discovery is complete, or will be complete at least twenty (20) days prior to the first docket date, that the jury fee has been paid, and that a demand for jury has been filed.
Page 8 | Rule 3.06 – Request for Jury Trial Settings
Pre-Motion Conference Requirements
Summary judgments are heard by submission, and briefs are due by the submission date.
a. Summary judgments are heard by submission only with briefs due by the submission date.
Page 9 | Rule 3.12 Summary Judgments
A party may request oral argument from the administrator before the submission date, but the Judge decides whether to grant the request and may also request oral argument.
b. Any party may request oral argument by request made to the administrator prior to the submission date. The Judge will grant or deny the request at his/her discretion. c. The Judge may request that the parties present oral arguments.
Page 9 | Rule 3.12 Summary Judgments
Adjournment & Extension Requirements
A continuance requires good cause shown by written motion supported by affidavit, and the motion must include a certificate of conference.
Continuances will not be granted except for good cause shown upon written Motion supported by affidavit. All Motions for continuance shall contain a certificate of conference that the request has been discussed with all opposing parties or counsel and that such Motion is agreed or opposed.
Page 6 | Rule 1.04 Continuances
An attorney seeking a continuance because of a conflicting trial setting must provide a motion with specified information and the setting notice, and must immediately notify the Judge and opposing counsel if the conflicting case is passed, continued, or disposed of before or during the week of trial.
An attorney seeking to have a case continued on the grounds that the attorney is to go to trial in another court, shall furnish the court and opposing counsel with a Motion for Continuance, which shall disclose the name of the court in which such other case is filed, the style of the case, the time for which such case is set, and the date on which the conflicting setting was made. A copy of the setting notice of the conflicting case shall be attached to the motion. In the event the conflicting case is passed, continued or disposed of prior to or during the week in which the case is set for trial under these Rules, the attorney shall immediately notify the Judge and opposing counsel of such fact.
Page 13 | Rule 10 – Attorney Matters, Rule 10.01(a)
Continuances are not granted summarily or automatically as a first continuance.
There will be no summary or automatic “first” continuances.
Page 12 | Rule 5.08 Continuances