Swisher County District Court, Texas Document Filing Requirements

CRITICALCivil cases

Applies to

Proposed property division form

When the character, value, or division of property or debts is at issue, each party must file a proposed property division form covering all claimed separate and community property and all debts and liabilities.

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.

CRITICALCivil cases

Applies to

Original petition

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

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.

CRITICALCivil cases

Applies to

Certificate of completion

A party who completes the course must file a certificate of completion with the court.

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.

CRITICALCivil cases

Applies to

Ex parte application

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.

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.

CRITICALCivil cases

Applies to

Monthly income and expenses statement

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.

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.

CRITICALCivil cases

Applies to

Federal income tax returns

When temporary support of a spouse or child is at issue, each party must furnish copies of federal income tax returns for the two calendar years before the temporary hearing.

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.

CRITICALCivil cases

Applies to

Earnings records

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.

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.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A continuance motion must include a certificate stating that the request was discussed with all opposing parties or counsel and whether the motion is agreed or opposed.

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.

CRITICAL

Applies to

Contested non jury setting request

A request for a contested non-jury setting must certify that discovery is complete or will be complete within 20 days after the request.

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.

CRITICAL

Applies to

Contested non jury setting request

A contested non-jury setting request must be in writing, addressed to the appropriate administrator, give notice to all counsel and pro se parties, and estimate trial time.

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.

CRITICAL

Applies to

Jury trial setting request

A jury-trial setting request must certify discovery completion by at least 20 days before the first docket date, payment of the jury fee, and filing of a jury demand.

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.

CRITICAL

Applies to

Jury trial setting request

A jury-trial setting request must be in writing, addressed to the appropriate administrator, give notice to all counsel and pro se parties, and estimate trial time.

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.

CRITICAL

Applies to

Property inventory and proposed division

In disputed property division cases, each attorney must provide the court and opposing counsel by the commencement of trial an inventory stating property values and debts and a proposed property division that includes claimed or recognized separate property.

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.

CRITICAL

Applies to

Children interest seminar certificate

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.

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.

CRITICAL

Applies to

Motion for continuance

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.

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.

CRITICAL

Applies to

Notice of substitution

An attorney substituting for counsel of record must file a written Notice of Substitution signed by the client and furnish copies to the Judge, outgoing attorney, and all other attorneys of record or pro se parties when filing.

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.

CRITICAL

Applies to

Motion to withdraw

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.

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.

CRITICAL

Applies to

Reporter record

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.

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.

CRITICAL

Applies to

Brief

Each party must file an appendix with its brief containing written transcriptions of all recorded portions and copies of exhibits relevant to the appellate issues.

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.

CRITICAL

Applies to

Appendix

When a party cannot afford costs, the court recorder must arrange transcription and file it as the party's appendix with all exhibits.

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.

CRITICAL

Applies to

Confidentiality agreement

All court personnel must review and sign the Confidentiality Agreement in Exhibit A.

All court personnel shall review and sign a Confidentiality Agreement in the form set out in Exhibit A to these Rules.

WARNINGCivil cases

Applies to

Original petition

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.

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.

WARNING

Applies to

Supplemental appendix

The appellate court may direct a party to file a supplemental appendix transcribing additional portions of the recorded reporter's record.

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.