Travis County District Courts Document Filing Requirements

CRITICAL

Applies to

Proposed disposition of other issues

Each party must also prepare and deliver a Proposed Disposition of Other Issues stating separately, in brief complete sentences, each trial decision sought that is 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.

CRITICALCriminal cases

Applies to

Motion to substitute counsel

A motion to substitute counsel that will cause delay requires a hearing, and the Court has discretion over it.

A motion to substitute counsel that will cause delay requires a hearing and is subject to the discretion of the Court.

CRITICAL

Applies to

Motion to withdraw

The stated exception includes filing written consent to withdrawal signed by all other parties.

(a) Files written consent to the withdrawal signed by all other parties;

CRITICAL

Applies to

Order setting case

A judge must not be asked to sign an order setting a case unless a show-cause order is necessary or a rule of law requires judicial signature.

Judges must not be requested to sign orders setting cases except when a show cause order is necessary, or when some rule of law requires that an order for a setting be signed by a judge.

CRITICAL

Applies to

Notice of chapter 10 case to local administrative judge

A TRO or emergency relief applicant must provide the Rule 10.2 notice to the Local Administrative Judge contemporaneously with or immediately after seeking the 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 disposition of other issues

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

CRITICAL

Applies to

Proposed property division

In divorce suits, each party must prepare and deliver a fully completed and signed Proposed Property Division using the court's posted form or a substantially compliant spreadsheet, or a single agreed version signed by both parties.

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

Proposed support decision

In suits requiring a determination of child support or spousal maintenance, each party must deliver a Proposed Support Decision on the court's form, fully completed and signed by the party.

(ii) 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.

CRITICAL

Applies to

Request for order

The parties must attach and file the required materials with the request for order, and witness consent forms must be obtained as the court directs.

parties must be attached to and filed with the request for order. Consent forms of the witnesses must be obtained in the manner directed by the court.

CRITICAL

Applies to

Orders to appear

Orders to Appear before answer day must contain the language in the form posted on the Travis County Civil District Courts' website.

Orders to Appear before answer day must be on a separate page and must contain the language in the form posted on the Travis County Civil District Courts’ website.

CRITICAL

Applies to

Pretrial forms

Before a hearing on temporary or interim orders in the specified suits, each party must prepare and deliver the required 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:

CRITICALCriminal cases

Applies to

Bond request

Bond requests involving pre-trial services must be accompanied by information about the accused and his circumstances.

In all matters involving pre-trial services, the information regarding the accused and his circumstances must be presented to the Court along with any bond requests.

CRITICAL

Applies to

Motion

Must include

certificate of conference

The court may strike any setting if the underlying motion does not include the required conferral certifications.

The court retains discretion to strike any setting in which the motion (or an amended version of the motion) does not include such certificates.

CRITICAL

Applies to

Proposed support decision

In a suit requiring a child support or spousal maintenance determination, each party must prepare and deliver a completed, signed Proposed Support Decision using the court-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.

CRITICAL

Applies to

Ex parte application

An application for an ex parte order must fully advise the court of the circumstances, including prior similar applications, 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

Tro request served with citation

In family law cases, a TRO request to be served with citation may be presented ex parte at the uncontested docket only if supported by an affidavit and the relief would not affect possession of or access to a child.

Notwithstanding Chapter 7, in a family law case, a request for a TRO to be served with citation may be presented ex parte at the uncontested docket if supported by an affidavit and if the relief would not affect the possession of or access to a child.

CRITICAL

Applies to

Announcement of time

Announcements of time for jury or non-jury long docket settings must state whether mediation has been completed.

When making an announcement for either a jury setting or a non-jury long docket setting during the announcement period, all parties must include in their announcement of time a statement as to whether or not mediation has been completed.

CRITICAL

Applies to

Motion to withdraw and substitute

In a withdrawal-and-substitution motion, the paragraph (d) certificate must state that the substituting attorney has assumed responsibility for all uncompleted limited-appearance matters and must be signed by both the withdrawing and substituting attorneys.

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.

CRITICALCriminal cases

Applies to

Written request for bond condition records

A defendant’s attorney may request bond-condition compliance information in writing and must name the assigned Assistant District Attorney.

We hereby ORDER Travis County Pretrial Services to provide information regarding a defendant’s compliance with bond conditions, including any records of violations on Ignition Interlock, Portable Alcohol Monitor, SCRAM-CAM, GPS or EM, on the written request of the defendant’s attorney for any case filed in Travis County District Courts. The defense attorney making the request shall also name the assigned Assistant District Attorney.

CRITICALCriminal cases

Applies to

Motion to withdraw

Before disposition, an appointed or retained attorney seeking to withdraw must file a written motion and appear with the Defendant before the Court to address it.

If, prior to the disposition of a case, an appointed or retained attorney has reason to withdraw, the attorney must file a written motion to withdraw with the Court and appear before the Court with the Defendant to address the motion.

CRITICAL

Applies to

Order to appear

Orders to Appear before answer day must include the language set out in the form posted on the Travis County Civil District Courts' website.

must contain the language in the form posted on the Travis County Civil District Courts' website

CRITICAL

Applies to

Pretrial forms

Before a final trial on the merits in a divorce suit or suit affecting the parent-child relationship, each party must prepare and deliver pre-trial forms and any amended pleadings (specific requirements follow in the source).

Before the final trial on the merits in any 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 and any amended pleadings as follows:

CRITICAL

Applies to

Motion to withdraw

The stated exception includes filing a certificate that all required tasks under any Notice of Limited Appearance are complete, including obtaining rulings and filing orders on matters presented.

(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.

CRITICALCivil cases

Applies to

Original petition

Petitioners in divorce and SAPCR cases must attach a copy of this standing order to the original petition and every copy of the petition; if not attached at filing, the District Clerk will ensure a copy is attached.

The petitioner in a divorce case or SAPCR shall attach a copy of this Order to the original petition filed in the case and each copy of the petition. 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

Proposed support decision

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

(i) 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.

CRITICAL

Applies to

Consent form for recording broadcasting or photographing

If recording is sought with consent, the court-adopted consent forms must be used to evidence the consent of the parties and witnesses.

If the recording, broadcasting, or photographing is sought with consent, consent forms adopted by the court must be used to evidence the consent of the parties and witnesses.

CRITICAL

Applies to

Motion to substitute attorney

Must include

certificate of service

A hearing is required for a motion to substitute attorneys unless the motion complies with Texas Rule of Civil Procedure 10 and is filed with written consent of all appearing parties and a certificate of service notifying the withdrawing attorney; this chapter does not apply to limited appearances governed by Chapter 20.

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

Request to record broadcast or photograph

Must include

case number

Recording, broadcasting, or photographing is permitted only by written court order, and a request must be filed with the District Clerk stating the case style and number, date and time of the proceeding, requester's name, type of coverage, and equipment to be used.

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

Chapter 10 case notice

A party filing a Chapter 10 case must notify the Local Administrative Judge in writing and provide notice again after all parties answer, except when seeking a temporary restraining order or emergency relief under Rule 10.3.

A party who files a Chapter 10 Case must notify in writing the Local Administrative Judge, as specified below in section (b). A notice under this Subsection also must be provided after all parties have answered, unless a party seeks a temporary restraining order or emergency relief pursuant to Rule 10.3.

CRITICAL

Applies to

Administrative appeal brief

Administrative appeal briefs must include a glossary of technical terms, which is excluded from the brief length limit.

(ii) do include a glossary of technical terms, which is not counted in determining the limit on the length of the brief

CRITICAL

Applies to

Pretrial form

Each party must deliver the required form to the opposing party and the judge hearing the case.

Each party must deliver the required form to the opposing party and to the judge hearing the case.

CRITICALCriminal cases

Appointed attorneys must disclose all compensation received on the indigent defendant’s behalf to the Court and the designated appointing authority.

Attorneys appointed to represent indigent defendants must disclose to the Court and to the designated appointing authority any and all compensation received from any source on behalf of the indigent defendant.

CRITICAL

Applies to

Submission

Emergency, urgent, and date-certain matters may not be submitted and must instead be set for hearing or presented under Chapters 2 or 7 of the Local Rules.

Matters requiring emergency relief and those requiring urgent attention or approval by a definite date shall not be forwarded for submission. Instead, such matters shall be set for hearing (in accordance with Chapter 2 of the Local Rules) or presented pursuant to Chapter 7 of the Local Rules.

CRITICAL

Applies to

Income records

Unless the parties agree or stipulate to income or net resources, each party must furnish specified payroll and tax records to the judge at the hearing and to the opposing party beforehand, without filing them.

Additionally, 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 copies of the party's preceding four payroll statements or paystubs and the party's preceding year's income tax return (if the tax return has been filed) to the judge (but not file) at the time of the hearing and to the opposing party prior to the hearing.

CRITICAL

Applies to

Order

Before presenting an order setting a hearing before the answer date, obtain a tentative date from the Court Administrator’s Office and include it in the order.

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

Ex parte application

Applications for ex parte orders must fully advise the court of the circumstances, including any prior similar applications, 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

Return of service

A required return of service must state that the server is at least 18, is not a party or interested in the suit’s outcome, and is authorized by written order, including the order number.

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 the suit; and (c) Authorized by written order to serve process, and the number of such blanket written order.

CRITICAL

Applies to

Notice to local administrative judge

Parties filing a Chapter 10 administrative review case must give written notice to the Local Administrative Judge, again after all parties answer unless TRO or emergency relief is sought.

A party who files a Chapter 10 Case must notify in writing the Local Administrative Judge... A notice under this Subsection also must be provided after all parties have answered, unless a party seeks a temporary restraining order or emergency relief pursuant to Rule 10.3.

CRITICAL

Applies to

Pretrial form

Each party must deliver the required form to the opposing party before the case is called for hearing and to the judge at the hearing.

Each party must deliver the required form to the opposing party before the case is called for hearing, and to the judge at the time of the hearing.

CRITICAL

Applies to

Notice of hearing

Notices of hearings/trials must not direct parties to the court listed in the case style; if specially set, the particular court must be listed, and otherwise the notice 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 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

Notice of limited appearance

An attorney making a limited appearance must file a notice identifying the relevant hearing and, if applicable, the discrete issues covered; one notice may cover multiple hearings.

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

Proposed property division

In a divorce suit, each party must prepare and deliver a completed, signed Proposed Property Division, or the parties may use one agreed division signed by both.

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

Draft judgment decree or order

An attorney’s signature block on a draft judgment, decree, or order must identify the parties the attorney represents.

Each attorney’s signature block on these documents must identify the parties represented by that attorney.

CRITICAL

Applies to

Signed copy of 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

Setting request

Every setting request must include an estimate of total hearing time for all matters and participants, keeping in mind that a half-day generally provides fewer than three hours and a full-day fewer than six hours of actual hearing time.

Each request for a setting must include an estimate of the total time required for the entire hearing, on all matters, for all participants. Please note that a half-day hearing usually includes a break, and a full-day hearing includes breaks in the morning and afternoon as well as a lunch break. As a result, a half-day hearing generally provides fewer than three hours, and a full-day hearing generally provides fewer than six hours.

CRITICAL

Applies to

Proposed order

Except for an agreed judgment, a motion must be filed with the District Clerk before its proposed order may be considered on submission.

Except for the submission of an agreed judgment, a motion must be filed with the District Clerk before a proposed order granting the motion may be considered on submission.

CRITICAL

Applies to

Tro or temporary injunction

When requesting a TRO or temporary injunction in a family law case, counsel must not repeat or address the subject matter of the Travis County Standing Order for Family Law Cases except to seek modification of the order.

When requesting a temporary restraining order or temporary injunction, counsel must not repeat or otherwise address the subject matter contained in Travis County Standing Order for Family Law Cases except to seek a modification of such Standing Order.

CRITICAL

Applies to

Motion to withdraw

Must include

local rule certificate

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.

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

Motion to substitute counsel

Must include

certificate of service

The motion must include an attached certificate of service showing notice to previous counsel in the case and the District Attorney.

The motion must also have attached a certificate of service showing notice to both previous counsel in the case and the District Attorney.

CRITICAL

Applies to

Brief

Administrative appeal briefs must follow the appellate rules for briefs and length, omit an oral-argument statement, and include a glossary of technical terms excluded from the length limit.

(d) Briefs must conform to the "Requisites of Briefs," in the Texas Rules of Appellate Procedure, including the limits on length, as they apply to an administrative appeal in the courts of appeal, except: (i) do not include a statement regarding oral argument; and (ii) do include a glossary of technical terms, which is not counted in determining the limit on the length of the brief.