Travis County District Courts Document Filing Requirements

CRITICAL

Applies to

Motion to withdraw

A withdrawal motion requires a hearing unless it complies with Rule 10 and is filed with the specified consents, address certificate, and certification.

A hearing is required for a motion to withdraw unless the motion complies with Rule 10 of the Texas Rules of Civil Procedure and is filed with: (a) A written consent to the withdrawal signed by the withdrawing attorney's client(s); (b) A written consent to the withdrawal signed by all other parties in the action who have appeared; (c) A certificate of last known address of the client(s), containing the client's address, telephone number, email address, and, if available, fax number; and (d) A certification that there are no rulings of the court that have yet to be reduced to writing.

CRITICAL

Applies to

Request for assignment to particular judge

If a party or parties believe that a case, or part of a case, has unusual characteristics that make it particularly suitable for assignment to one judge, the party or parties jointly may request the Local Administrative Judge to assign the case to one judge. The written request, explaining the unusual characteristics, must be filed and also submitted to the Local Administrative Judge by:

If a party or parties believe that a case, or part of a case, has unusual characteristics that make it particularly suitable for assignment to one judge, the party or parties jointly may request the Local Administrative Judge to assign the case to one judge. The written request, explaining the unusual characteristics, must be filed and also submitted to the Local Administrative Judge by:

CRITICAL

Applies to

Post trial pleading

When filing specified post-trial pleadings (requests/notices regarding findings of fact and conclusions of law, affidavits of indigence on appeal, motions for new trial or to modify judgment, JNOV motions, and motions to enter judgment), the party must give notice directly to the trial judge because the District Clerk does not forward filings.

Pleadings that are filed with the District Clerk are not forwarded by the District Clerk to the trial judge. Notice must be given directly to the trial judge when a party files one or more of the following post-trial pleadings: (a) Request for Findings of Fact and Conclusions of Law (TEX. R. CIV. PROC. 296); (b) Notice of Past Due Findings of Fact and Conclusions of Law (TEX. R. CIV. PROC. 296); (c) Any affidavit of indigence filed in connection with an appeal (TEX. R. APP. PROC. 20.1); (d) Motion for New Trial, or Motion to Modify, Correct, or Reform Judgment; (e) Motion for Judgment Notwithstanding the Verdict; or (f) Motions to Enter Judgment.

CRITICAL

Applies to

Return of service

When a return is required, the authorized process server must state their age, lack of an interest in the suit, and written-order authorization number in the return.

When a return is required, a person authorized to serve process must state in his or her return that he or she is (a) Not less than eighteen years of age; (b) Not a party to or interested in the outcome of t~e suit; and (c) Authorized by written order to serve process, and the number of such blanket written order.

CRITICAL

Applies to

Adoption

Must include

proposed order

For an adoption of a child formerly under CPS conservatorship, counsel must present a proposed CPS dismissal order at the adoption in Travis County or send it to the Presiding CPS Court Judge immediately after an out-of-county adoption is granted.

Upon the adoption of a child who was under the conservatorship of CPS, if the adoption is in Travis County, the attorney representing the adoptive parent(s) of the child must present to the court handling the adoption a proposed dismissal order of the CPS case at the time of the adoption. If the adoption is not filed in Travis County, the attorney representing the adoptive parent(s) of the child must send a proposed dismissal order of the CPS case to the Travis County Presiding CPS Court Judge immediately after the adoption is granted.

CRITICAL

Applies to

Certificate

For a substitution in a limited appearance, the paragraph (d) certificate must state the substituting attorney’s responsibility for uncompleted matters within the notice’s scope and be signed by both attorneys.

If an attorney is substituting in a limited appearance, the certificate required by paragraph (d) must state that the substituting attorney has assumed responsibility for all uncompleted matters within the scope of the Notice of Limited Appearance, and it must be signed by both the withdrawing and the substituting attorney.

CRITICAL

Applies to

Submission

Contested matters may not be forwarded for submission unless the Court expressly authorizes it.

No contested matters shall be forwarded for submission unless expressly authorized by the Court.

CRITICAL

Applies to

Temporary restraining order application

If the required advance notice is not provided, the application must state the reason for the failure.

(d) If notice is not provided pursuant to Subsection (c), a statement of the reason for any failure to provide notice.

CRITICAL

Applies to

Chapter 10 case notice

The Chapter 10 case notice must identify the parties and their attorneys and provide specified attorney contact and related-case assignment information.

The notification must contain: (i) A list of all parties to the case; (ii) Their attorneys of record; (iii) The attorneys' addresses, telephone numbers, and electronic mail addresses, if applicable; and (iv) For any case arising from the same or related agency docket or challenging the same rules or rulemaking procedure: 1. the style and cause number, 2. whether it has been assigned, and 3. if so, to whom.

CRITICAL

Applies to

Draft order

Must include

caption, case number

Each draft order must have a heading showing the cause number, the style of the case, and the court in which it is pending.

each such draft must have a heading showing the cause number, the style of the case, and the court in which it is pending.

CRITICAL

Applies to

Draft order

Must include

caption, case number

Draft orders must be on a separate page from pleadings/motions/certificates and must have a heading showing cause number, case style, and court.

A draft of an order must not be typed on the same page with a pleading, motion, certificate of service, or any part thereof, and each such draft must have a heading showing the cause number, the style of the case, and the court in which it is pending.

CRITICAL

Applies to

Order

Before presenting an order (including a Show Cause Order or TRO) that sets a hearing before the answer date, a tentative date must first be procured from the Court Administrator's Office and included in the order.

(a) A setting before answer date. Prior to presenting an order (including a Show Cause Order or Temporary Restraining Order) that contains a date for a hearing prior to the answer date, a tentative date must first be procured from the Court Administrator's Office and such tentative date must be included in the order prior to presentment to the court for consideration.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Before seeking a setting, parties must confer about the date, time, and format of the hearing, and every motion must include a certification of that conferral.

Prior to setting a hearing, the parties must make reasonable efforts to actually speak to one another regarding the date, time, and format (i.e., whether in-person or remote) of a hearing or trial and the substance of the motion in a genuine effort to narrow their disputes before seeking court intervention. To that end, every motion must include a certification that “counsel has conferred with (or made reasonable efforts to confer with) all parties about the date, time, and format of the setting”

CRITICAL

Applies to

Application to restrain agency action

If the required notice was not provided, a statement of the reason for the failure to provide notice must be included.

If notice is not provided pursuant to Subsection (c), a statement of the reason for any failure to provide notice.

CRITICAL

Applies to

Submission email

The submitting party must include a certification of compliance with the Standing Order in the body of the submission email.

The submitting party must certify in the body of the email that it has compiled with the requirements of this Standing Order.

CRITICAL

Applies to

Income and net resources supporting documents

Unless the parties agree or stipulate to income or net resources, each party in a child-support or spousal-maintenance suit must furnish the specified materials to the court without filing them and to opposing parties at trial.

Additionally, in any suit requiring a determination of child support or spousal maintenance, unless the parties agree or stipulate to a party’s income and/or net resources as defined by the Texas Family Code, each party is required to furnish to the court (but not file), and to opposing parties, copies of the following at the time of trial:

CRITICAL

Applies to

Proposed disposition of other issues

Each party must prepare and deliver a Proposed Disposition of Other Issues stating separately, in brief complete sentences, each requested trial decision not covered by the other specified forms.

Additionally, each party must also prepare and deliver a Proposed Disposition of Other Issues, which must state separately in brief complete sentences each trial decision that is sought by the party that is not covered by the Proposed Support Decision or Proposed Parenting Plan.

CRITICAL

Applies to

Signed order or decree

After the support order or decree is signed, the receiving party must deliver a signed copy of it to the Domestic Relations Office.

After the order or decree is signed, that party must deliver to the Domestic Relations Office a signed copy of the order or decree.

CRITICAL

Applies to

Financial records

The required trial disclosures also include specified payroll and tax records for the trial calendar year from January 1 through trial.

All payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-1 for the calendar year of the trial from January 1 through the date of the trial.

CRITICAL

Applies to

Proposed dismissal order

Must include

proposed order

In Travis County adoptions of a child formerly under CPS conservatorship, the adoptive parents' attorney must present a proposed dismissal order of the CPS case to the adoption court at the time of the adoption.

Upon the adoption of a child who was under the conservatorship of CPS, if the adoption is in Travis County, the attorney representing the adoptive parent( s) of the child must present to the court handling the adoption a proposed dismissal order of the CPS case at the time of the adoption.

CRITICAL

Applies to

Proposed support decision

In suits involving child support or spousal maintenance, each party must prepare and deliver a fully completed and signed Proposed Support Decision using the court's posted form.

In any suit requiring a determination of child support or spousal maintenance, each party must prepare and deliver a Proposed Support Decision using the form posted on the Travis County Civil District Courts' website, fully completed and signed by the party.

CRITICALCriminal cases

Applies to

Written jury waiver

If the defendant waives a jury at docket call, counsel and the defendant must sign a written waiver and present it at that setting.

If the defendant waives jury at the docket call, a written waiver, signed by counsel and defendant must be presented at that setting.

CRITICAL

Applies to

Application

If the required advance notice is not provided, the applicant must state the reason for the failure.

(d) If notice is not provided pursuant to Subsection (c), a statement of the reason for any failure to provide notice.

CRITICAL

Applies to

Request to record broadcast or photograph

Must include

case number

Recording or broadcasting is permitted only on written court order, and a request stating the case style and number, proceeding date and time, requester name, type of recording, and equipment must be filed with the District Clerk.

Recording, broadcasting, or photographing is permitted only on written order of the court. A person wishing to record, broadcast, or photograph any person, object, or proceeding in a physical or virtual courtroom must file with the District Clerk a request to do so in the particular proceeding. The request must state: (i) The case style and number; (ii) The date and time when the proceeding is to begin; (iii) The name of the requesting individual or entity; (iv) The type of recording, broadcasting, or photographing; and (v) The type and extent of equipment to be used.

CRITICAL

Applies to

Notice of hearing or trial

Hearing and trial notices must not direct parties to the court number in the case style; they must identify the specially assigned court or otherwise direct parties to the facility and/or the court designated in the posted docket schedule.

Notices of hearings and trials provided by parties pursuantto Local Rule 2.4 must not direct the parties to the court listed in the case style (i.e., the number randomly assigned when the case was filed and listed at the top of each pleading). If a case is specially set in a particular court pursuant to Local Rules 2.6 or 10.2, that court must be listed in the notice. Otherwise, the notice of setting must direct the parties to appear at the Civil and Family Courts Facility and/ or before the court designated in the docket schedule posted on the Travis County Civil District Courts' website and in the Civil and Family Courts Facility prior to the time of the hearing or trial.

CRITICAL

Applies to

Submission email

Must include

caption, case number, proposed order

Submissions must be made by email attaching a file-stamped copy of the motion and proposed order, with a subject line containing 'SUBMISSION', the cause number, and the style of the case.

A file-stamped copy of the motion (along with a proposed order) shall be submitted to the appropriate Court attached to an email requesting approval on submission, with the following subject line: “SUBMISSION”, cause number, and style of the case.

CRITICAL

Applies to

Proposed parenting plan

In qualifying child conservatorship or possession-and-access suits, each party must prepare and deliver either a completed and signed Proposed Parenting Plan, a jointly signed agreed plan, or a summary of requested relief in a Proposed Disposition of Other Issues; the posted form is acceptable and other forms may be acceptable.

(iv) In any suit requiring a determination or modification of conservatorship, or possession and access to a child, each party must prepare and deliver a Proposed Parenting Plan, pursuant to Texas Family Code §153.603, fully completed and signed by the party, a single agreed Proposed Parenting plan signed by both parties, or must summarize the requested relief in brief complete sentences as part of a Proposed Disposition of Other Issues. The form parenting plan posted on the Travis County Civil District Courts’ website is acceptable, and other forms may also be acceptable.

CRITICAL

Applies to

Motion

Must include

proposed order

A request to withdraw registry funds held for a minor must be accompanied by the motion, proposed order, and a District Clerk account summary showing the account status and any previous withdrawals.

When a request is to be made for withdrawal of funds maintained in the Registry of the Court for the benefit of a minor who has not yet reached legal age, the applicant must bring to the court, with the motion and proposed order, a Summary of Minor's Bank Account obtained from the District Clerk reflecting the status of the minor's account and indicating previous withdrawals, if any.

CRITICAL

Applies to

Request to record broadcast or photograph

Must include

case number

A request to record, broadcast, or photograph a courtroom proceeding must be filed with the District Clerk, state the specified information, and receive a written court order before coverage is permitted.

Recording, broadcasting, or photographing is permitted only on written order of the court. A person wishing to record, broadcast, or photograph any person, object, or proceeding in a physical or virtual courtroom must file with the District Clerk a request to do so in the particular proceeding. The request must state: (i) The case style and number; (ii) The date and time when the proceeding is to begin; (iii) The name of the requesting individual or entity; (iv) The type of recording, broadcasting, or photographing; and (v) The type and extent of equipment to be used.

CRITICAL

Applies to

Notice of limited appearance

An attorney making a limited appearance must file a Notice of Limited Appearance stating the hearing covered and, if the appearance does not cover all issues, identifying the discrete issues covered; an attorney may file such a Notice for more than one hearing in a case.

An attorney making a limited appearance must file a Notice of Limited Appearance. The Notice must state the hearing to which the limited appearance pertains, and, if the appearance does not extend to all issues to be considered at the hearing, the Notice must identify the discrete issues covered by the appearance. An attorney may file a Notice of Limited Appearance for more than one hearing in a case.

CRITICAL

Applies to

Motion to withdraw

A withdrawal motion ordinarily requires a hearing after notice to the client and all other parties; the stated filing conditions provide an exception.

A motion to withdraw from representation or from a limited appearance must be presented at a hearing after notice to the client and to all other parties unless the moving attorney: (a) Files written consent to the withdrawal signed by all other parties; (b) Files a written consent to the withdrawal signed by the client; (c) Files a certificate stating the last known mailing address of the client; and (d) Files a certificate stating that he or she has completed all the tasks required by a Notice of Limited Appearance, if any, including obtaining a ruling and filing an order on any matter presented.

CRITICALCriminal cases

Applies to

Media coverage request

A person seeking media coverage must file a request with the District Clerk stating the case details, proceeding date and time, requester, coverage type, and equipment details.

A person wishing to broadcast, televise, record or photograph a court proceeding must file with the District Clerk a request to cover the proceeding. The request must state: (A) the case style and number; (B) the date and time when the proceeding is to begin; (C) the name of the requesting person or organization; (D) the type of coverage requested (for example, televising, recording or photographing); and (E) the type and extent of equipment to be used.

CRITICAL

Applies to

Pretrial forms

Before any hearing on temporary or interim orders in any divorce suit or suit affecting the parent-child relationship, each party must prepare and deliver the specified pre-trial forms.

Before any hearing on temporary or interim orders in any divorce suit divorce suit or suit affecting the parent-child relationship (which include, but are not limited to, modification suits, paternity suits, and original suits) each party must prepare and deliver pre-trial forms as follows:

CRITICAL

Applies to

Notice of hearing

Notices of hearings and trials must not direct parties to the court in the case style; if specially set under Local Rules 2.6 or 10.2 the notice must list that court, otherwise it must direct parties to the Civil and Family Courts Facility and/or the court designated in the posted docket schedule.

Notices of hearings and trials provided by parties pursuant to Local Rule 2.4 must not direct the parties to the court listed in the case style (i.e., the number randomly assigned when the case was filed and listed at the top of each pleading). If a case is specially set in a particular court pursuant to Local Rules 2.6 or 10.2, that court must be listed in the notice. Otherwise, the notice of setting must direct the parties to appear at the Civil and Family Courts Facility and/or before the court designated in the docket schedule posted on the Travis County Civil District Courts' website and in the Civil and Family Courts Facility prior to the time of the hearing or trial.

CRITICAL

Applies to

Proposed parenting plan

In suits involving conservatorship or possession of and access to a child, each party must deliver a signed Proposed Parenting Plan (individually or agreed), or summarize the requested relief in a Proposed Disposition of Other Issues.

In any suit requiring a determination or modification of conservatorship, or possession and access to a child, each party must prepare and deliver a Proposed Parenting Plan, pursuant to Texas Family Code §153.603, fully completed and signed by the party, a single agreed Proposed Parenting plan signed by both parties, or must summarize the requested relief in brief complete sentences as part of a Proposed Disposition of Other Issues. The form parenting plan posted on the Travis County Civil District Courts' website is acceptable, and other forms may also be acceptable.

CRITICAL

Applies to

Proposed order

If the proposed order is agreed, its title must include “Agreed” and all counsel and self-represented parties must sign it “Agreed as to Form and Substance.”

If agreed, the proposed order shall contain “Agreed” in the title and be signed “Agreed as to Form and Substance” by all counsel and self-represented parties.

CRITICAL

Applies to

Proposed disposition of other issues

Each party must prepare and deliver a Proposed Disposition of Other Issues listing, in separate brief complete sentences, each requested trial decision not covered by the Proposed Support Decision or Proposed Parenting Plan.

Additionally, each party must also prepare and deliver a Proposed Disposition of Other Issues, which must state separately in brief complete sentences each trial decision that is sought by the party that is not covered by the Proposed Support Decision or Proposed Parenting Plan.

CRITICALCivil cases

Applies to

Petition

If the petitioner has not attached the standing order, the District Clerk must attach it to the petition and every copy presented when the petition is filed.

At the time the petition is filed, if the petitioner has not attached a copy of this Order to the petition, the District Clerk shall ensure that a copy of this Order is attached to the petition and every copy of the petition presented.

CRITICAL

Applies to

Chapter 10 case notice

An applicant seeking a temporary restraining order or other emergency relief must provide the Rule 10.2 notice contemporaneously with or immediately after seeking relief.

If seeking a temporary restraining order or other emergency relief, the applicant must, contemporaneously with or immediately after seeking a temporary restraining order or other emergency relief, provide the notice described in Rules 10.2.

CRITICAL

Applies to

Proposed property division

In a divorce suit, each party must deliver a Proposed Property Division on the court's form (or a substantially compliant spreadsheet), fully completed and signed by the party, or a single agreed version signed by both parties.

(i) In a divorce suit, each party must prepare and deliver a Proposed Property Division using the form posted on the Travis County Civil District Courts' website or spreadsheet in substantial compliance with such form, fully completed and signed by the party, or a single agreed Proposed Property Division, signed by both parties.

CRITICAL

Applies to

Motion to retain

Motions to retain must state the factual and legal basis for retaining the case and be filed at least 14 days before the dismissal date.

Motions to retain must set forth the factual and legal basis for retaining the case and must be filed at least 14 days prior to the dismissal date specified in the notice of dismissal.

CRITICAL

Applies to

Notice of limited appearance

An attorney making a limited appearance must file a Notice of Limited Appearance stating the hearing it pertains to and, if it does not cover all issues, the discrete issues covered; a Notice may cover more than one hearing.

An attorney making a limited appearance must file a Notice of Limited Appearance. The Notice must state the hearing to which the limited appearance pertains, and, if the appearance does not extend to all issues to be considered at the hearing, the Notice must identify the discrete issues covered by the appearance. An attorney may file a Notice of Limited Appearance for more than one hearing in a case.

CRITICAL

Applies to

Announcement

Announcements must include an announcement of ready and an updated estimate of time required for the entire hearing for all matters set and all participants.

During this period, parties must give their announcement of ready and an updated estimate of time required for the entire hearing, on all matters set,for all participants.

CRITICALCriminal cases

Applies to

Consent form

Court-adopted consent forms must be used to document the parties’ and witnesses’ consent to media coverage.

If media coverage is sought with consent, consent forms adopted by the Court shall be used to evidence the consent of the parties and witnesses.

CRITICAL

Applies to

Motion to withdraw

For substitution in a limited appearance, the paragraph (d) certificate must state that the substituting attorney assumed responsibility for all uncompleted matters within scope and be signed by both attorneys.

If an attorney is substituting in a limited appearance, the certificate required by paragraph (d) must state that the substituting attorney has assumed responsibility for all uncompleted matters within the scope of the Notice of Limited Appearance, and it must be signed by both the withdrawing and the substituting attorney.

CRITICAL

Applies to

Motion to substitute attorneys

A substitution motion must include the substituting attorney's contact and bar information and a certification that no court rulings remain to be reduced to writing.

(c) The substituting attorney's name, State bar number; address, telephone number, email address, and, if available, fax number; and (d) A certification that there are no rulings of the court that have yet to be reduced to writing.

CRITICAL

Applies to

Ex parte application

Must include

specific language

An ex parte application must fully disclose the circumstances, including prior applications, potential conflicts with prior orders, and whether the opposing party has counsel.

A party presenting any application for an ex parte order must fully advise the court of the circumstances, particularly as to whether there has been any previous application for the same or similar relief or whether the relief sought will conflict with any previous order, or whether the opposing party has counsel.

CRITICAL

Applies to

Motion to substitute attorneys

Must include

certificate of service

A substitution motion requires a hearing unless it complies with Rule 10 and is filed with the specified consent and certificate of service.

A hearing is required for a motion to substitute attorneys unless the motion complies with Rule 10 of the Texas Rules of Civil Procedure, and is filed with: (a) A written consent to the substitution signed by all other parties in the action who have appeared; (b) A certificate of service notifying withdrawing attorney of the motion to substitute;

CRITICAL

Applies to

Proposed disposition of other issues

Each party must also deliver a Proposed Disposition of Other Issues that states separately, in brief complete sentences, each sought trial decision not covered by the Proposed Property Division, Proposed Support Decision, or Proposed Parenting Plan.

Additionally, each party must also prepare and deliver a Proposed Disposition of Other Issues, which must state separately in brief complete sentences each trial decision that is sought by the party that is not covered by the Proposed Property Division, Proposed Support Decision, or Proposed Parenting Plan.

CRITICAL

Applies to

Letter report

When the Texas Family Code does not require a pre-adoptive home screening and post-placement adoptive report, the Family Court Services Manager must file a letter report stating that the pleadings have been reviewed.

In every termination suit in which the Texas Family Code does not require the preparation or filing of a pre-adoptive home screening and post-placement adoptive report, the Family Court Services Manager must file with the District Clerk a letter report stating that he or she has reviewed the pleadings filed in