Travis County District Courts Document Filing Requirements

CRITICALCriminal cases

Applies to

Designation of lead attorney

When more than one attorney represents a Defendant, the lead attorney must file a designation of lead attorney.

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

CRITICAL

Applies to

Temporary restraining order or injunction request

TRO and temporary injunction requests must not repeat or address subject matter covered by the Travis County Standing Order for Family Law Cases except to seek modification of that 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.

CRITICALCriminal cases

Applies to

Request for order

Original signed consent forms of the parties shall be attached to and filed with the request for order.

Original signed consent forms of the parties shall be attached to and filed with the request for order.

CRITICALCriminal cases

Applies to

Witness consent form

Witness consent forms must be obtained in the manner directed by the Court.

Consent forms of the witnesses shall be obtained in the manner directed by the Court.

CRITICAL

Applies to

Proposed support decision

Each party in a suit requiring a child-support or spousal-maintenance determination 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

Pre trial form

Issues not stated in the required pre-trial forms are deemed waived unless the party shows good cause for the failure to comply.

All issues not stated in pre-trial forms as required by these procedures will deemed waived except upon a showing of good cause for failure to comply with these rules.

CRITICAL

Applies to

Application for authority to serve process

Applications for authority to serve process must be made on the form posted on the Travis County Civil District Courts' website and submitted to the Local Administrative Judge.

A form application for authority to serve process in Travis County, Texas, is posted on the Travis County Civil District Courts' website. Completed applications must be submitted to the Local Administrative Judge.

CRITICAL

Applies to

Motion to retain

Must include

legal argument, statement of facts

A motion to retain must state the factual and legal basis for retaining the case.

Motions to retain must set forth the factual and legal basis for retaining the case

CRITICAL

Applies to

Financial documents

Unless income and/or net resources are agreed or stipulated, each party in a child support or spousal maintenance suit must furnish to the court (without filing) and to opposing parties, at trial, federal income tax returns for the prior two years or, if none were filed, all payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-1s for those years.

(iii) 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: 1. The party's federal income tax returns for the previous two calendar years, or if no such return(s) have been filed, then all payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-1 for such years; and

CRITICAL

Applies to

Notice of limited appearance

An attorney making a limited appearance must file a notice identifying the hearing and, when applicable, the discrete issues covered.

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.

CRITICAL

Applies to

Objection

An objection to an Associate Judge’s assignment for a trial on the merits must be in writing.

A party may file an objection to the assignment of an Associate Judge to hear any trial on the merits. A trial on the merits is any trial in which a party seeks a final adjudication from which an appeal may be taken to a court of appeals. The objection must be in writing.

CRITICAL

Applies to

Draft order

A draft order approved as to form must be presented to the judge who decided the matter, unless instructed otherwise to present it to any judge.

Draft orders approved as to form must be presented to the judge who decided the matter unless instructed to present it to any judge.

CRITICAL

Applies to

Motion to retain

A motion to retain must set forth the factual and legal basis for retaining the case.

Motions to retain must set forth the factual and legal basis for retaining the case

CRITICAL

Applies to

Motion

Must include

certificate of conference

Every non-dispositive motion must additionally certify either a good-faith conferral to resolve or narrow the issues, or that reasonable efforts to confer were unsuccessful.

every motion (other than dispositive motions) must also certify either: (a) "Counsel has conferred with all parties who may be affected by the relief sought in this motion in a good faith effort to resolve or narrow the issues raised."; or (b) "Counsel has made reasonable efforts to confer with all parties who may be affected by the relief sought in this motion but has been unable to do so."

CRITICALCriminal cases

Applies to

Notice of retention

The new attorney must notify prior counsel of the retention.

The new attorney shall also notify prior counsel of his retention.

CRITICAL

Applies to

Income documents

Unless income is agreed or stipulated, each party must furnish the preceding four payroll statements/paystubs and prior year income tax return (if filed) to the judge (delivered but not filed) at the hearing and to the opposing party before the hearing.

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

Letter report

When the Texas Family Code does not require a pre-adoptive home screening and post-placement report, the Family Court Services Manager must file a letter report containing the specified review, investigation, findings, and recommendations.

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 the suit, describing his or her investigation, and reporting his or her findings and recommendations.

CRITICAL

Applies to

Motion to withdraw or substitute

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.

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

Pretrial form

Issues omitted from required pre-trial forms are waived absent good cause for noncompliance.

All issues not stated in pre-trial forms as required by these procedures will deemed waived except upon a showing of good cause for failure to comply with these rules.

CRITICALCriminal cases

Applies to

Trial setting

An estimate of the hearing’s required time must be provided when the setting is made.

An estimate of the time required for the hearing must be given at the time of the setting.

CRITICALCriminal cases

Applies to

Written notice of retention

Immediately upon being retained, a retained attorney must notify the previously appointed attorney and the Court in writing.

A retained attorney shall notify in writing, the previously appointed attorney and the Court of his/her retention immediately upon being retained.

CRITICAL

Applies to

Order containing hearing date before answer date

Orders (including Show Cause Orders or TROs) containing a hearing date prior to the answer date must include a tentative date first procured from the Court Administrator's Office before presentment to the court.

(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

Proposed parenting plan

In suits involving conservatorship or possession and access, each party must deliver a fully completed and signed Proposed Parenting Plan (or a single agreed plan signed by both parties) or summarize the requested relief in a Proposed Disposition of Other Issues; the form posted on the court's website is acceptable and other forms may also be acceptable.

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

Announcement of time

During docket call announcements for jury or non-jury long docket settings, all parties 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

Tro or temporary injunction

Parties in Travis County divorce and parent-child suits are subject to the Travis County Standing Order for Family Law Cases, and counsel requesting a TRO or temporary injunction must not repeat or address the standing order's subject matter except to seek its modification.

The parties 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) filed in Travis County are subject to the Travis County Standing Order for Family Law Cases and any amendments thereto. This and other applicable Standing Orders may be found on the Travis County Civil District Courts' website. When requesting a temporary restraining order or temporary injunction, counsel must not repeat or otherwise address the subject matter contained in the standing order except to seek a modification of the standing order.

CRITICALCriminal cases

Applies to

Case transfer order

A transfer between Travis County Criminal District Courts must be made by written order and requires the consent of the participating judges.

The transfer of cases between Criminal District Courts of Travis County shall be done by written order upon consent of the judges in those courts participating in the transfer.

CRITICAL

Applies to

Pretrial information form

In non-CPS termination suits and all adoption suits, the petitioner must file the completed prescribed pretrial information form and serve the Family Court Services Manager 14 days before the final hearing.

In every termination suit, except those brought by CPS, and in all adoption suits, the petitioner must file a completed pretrial information form with the District Clerk and serve a copy on the Family Court Services Manager fourteen days before the final hearing. Petitioner's Pretrial Form in Suit for Termination and Adoption must be in the form posted on the Travis County Civil District Courts’ website.

CRITICAL

Applies to

Proposed parenting plan

For suits involving conservatorship, possession, or access, each party must provide a completed, signed Proposed Parenting Plan, the parties may provide one agreed plan signed by both, or the requested relief may be summarized in brief complete sentences 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.

CRITICAL

Applies to

Motion

A motion to have another matter heard originally by a District Judge must be written, state its grounds, and be set for hearing with notice to all parties under the applicable civil procedure rules.

A party may file a motion to have any other matter heard originally before a District Judge instead of an Associate Judge. The motion must be in writing and LOCAL RULES effective November 15, 2024 61 ===== PAGE 62 ===== must specify the grounds in support of the motion. The party filing the motion must set the motion for hearing by a judge with notice to all parties as required by the applicable rules of civil procedure.

CRITICAL

Applies to

Motion

Must include

certificate of conference

The court may strike any setting if the motion (or an amended motion) does not include the required conference certificates.

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 property division

Each party in a divorce suit must prepare and deliver a completed, signed Proposed Property Division form or substantially compliant spreadsheet, unless the parties submit one agreed document 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

Proposed support decision

In suits involving child support or spousal maintenance, each party must deliver a fully completed and signed Proposed Support Decision using the form posted on the Travis County Civil District Courts' website.

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

Motion

Must include

local rule certificate

A party may not request a setting unless the motion has been filed with the certifications required by Local Rule 2.2 (or will be filed within 24 hours after obtaining the setting).

A party must not request a setting unless the party has filed the motion with the certifications required in Local Rule 2.2 or will file the motion immediately, but in no event later than 24 hours after obtaining the setting.

CRITICAL

Applies to

Jury trial setting request

A jury trial setting is not permitted where a non-jury trial setting was obtained after the answer date and before the jury fee was paid, unless a written agreement to strike the non-jury setting is presented to the Court Administrator when the jury setting is requested.

(b) A setting for a jury trial if a non-jury trial setting has been obtained after answer date and before a jury fee was paid, unless a written agreement to strike the non-jury setting is presented to the Court Administrator when the jury setting is requested.

CRITICALCriminal cases

Applies to

Written notice of retention

Upon employment in a retained case, the Defense Attorney must give written notice to the Court, District Clerk, and Court Coordinator in the court where the case is filed.

In retained cases, upon employment, the Defense Attorney shall give written notice thereof to the Court, the District Clerk and the Court Coordinator in the Court in which the case is filed.

CRITICAL

Applies to

Recording request

A recording request must identify the case, proceeding date and time, requester, requested recording type, and equipment.

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

Request for setting

Every setting request must include an estimate of the total hearing time for all matters and all participants (half-day settings generally provide fewer than 3 hours and full-day settings fewer than 6 hours).

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

Motion to withdraw minor funds

Must include

proposed order

A motion to withdraw a minor's registry funds must include a proposed order and be accompanied by a Summary of Minor's Bank Account from the District Clerk 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

Motion to substitute attorney

Must include

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; ... 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.

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; ... 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

Motion to withdraw

The stated exception includes filing a certificate with the client's last known mailing address.

(c) Files a certificate stating the last known mailing address of the client;

CRITICAL

Applies to

Announcement

Announcements must state ready and include an updated estimate of time required for the entire hearing on all matters set for all participants, accounting for the fact that half-day hearings generally provide less than three hours and full-day hearings less than six hours.

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. 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 less than three hours, and a full-day hearing generally provides less than six hours.

CRITICAL

Applies to

Proposed parenting plan

In suits involving conservatorship or possession and access, each party must provide one of the specified parenting-plan or requested-relief alternatives; the court-posted form is acceptable and other forms may also be acceptable.

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 to withdraw

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.

CRITICAL

Applies to

Proposed parenting plan

In suits concerning conservatorship or possession and access, each party must prepare and deliver a completed, signed Proposed Parenting Plan, an agreed plan signed by both parties, or summarize the requested relief in a Proposed Disposition of Other Issues; the posted form is acceptable and other forms may be acceptable.

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 property division

If a spreadsheet replaces the Proposed Property Division form, provide the court an editable electronic copy at the beginning of trial.

If a spreadsheet is used in lieu of the Proposed Property Division form, then a copy of such spreadsheet must be provided to the court in an editable electronic format at the beginning of the trial.

CRITICALCriminal cases

Applies to

Motion to substitute counsel

An attorney retained to replace existing counsel must file a motion to substitute counsel naming both the incoming attorney and the attorney to be relieved.

If an attorney is retained to replace existing counsel, the attorney must file a motion to substitute counsel, naming both himself and the attorney to be relieved.

CRITICAL

Applies to

Financial records

Unless the parties agree or stipulate to income or net resources, each party must furnish specified financial records 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

Pretrial information form

The petitioner’s pretrial form in termination and adoption suits must use the form posted on the Travis County Civil District Courts’ website.

Petitioner's Pretrial Form in Suit for Termination and Adoption must be in the form posted on the Travis County Civil District Courts' website.

CRITICAL

Applies to

Submission

Submissions must contain all information and materials necessary for the Court to evaluate the proposed order, and incomplete submissions will not be granted.

Submissions must include all information and materials necessary for the Court to evaluate the proposed order. Incomplete submissions will not be granted.

CRITICAL

Applies to

Application for authority to serve process

Applicants for authority to serve process in Travis County must comply with the Texas Supreme Court certification requirements administered by the Texas Process Service Review Board.

All persons seeking authority to serve process in Travis County, Texas must comply with the certification requirements for Persons Authorized to Serve Process as promulgated by the Texas Supreme Court and administered by the Texas Process Service Review Board.