Travis County District Courts Document Filing Requirements

CRITICAL

Applies to

Submission

Must include

proposed order

A motion must be filed with the District Clerk before its proposed order can be considered on submission; the proposed order itself need not be filed.

A motion must be filed with the District Clerk before a proposed order granting the motion may be considered on submission. A proposed order need not be filed.

CRITICALCriminal cases

Applies to

Pre trial hearing setting request

A request to set a pre-trial hearing must include an estimate of the total time required for the hearing.

All requests for a pre-trial hearing setting must also include an estimate of the time required for the hearing in its entirety.

CRITICAL

Applies to

Return of service

A return of service must state the server is at least 18 years old, not a party to or interested in the suit, and authorized by written order to serve process, including the blanket 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

Setting request

For jury trials, the announced time estimate must include pretrial, voir dire, evidence, the charge conference, closing argument, and deliberation.

For jury trials, the total announced time must include time for pretrial, voir dire, evidence, charge conference, closing argument, and deliberation.

CRITICAL

Applies to

Draft judgment decree or order

So far as practicable, every draft of a judgment, decree, or order to be signed by a judge or associate judge must be signed by all parties evidencing approval as to form before it is presented to the judge. Each attorney's signature block on these documents must identify the parties represented by that attorney.

So far as practicable, every draft of a judgment, decree, or order to be signed by a judge or associate judge must be signed by all parties evidencing approval as to form before it is presented to the judge. Each attorney's signature block on these documents must identify the parties represented by that attorney.

CRITICAL

Applies to

Request to establish account

When spousal or child support is ordered, the receiving party must submit a 'Request to Establish an Account' with the required information to the Domestic Relations Office.

At the time any spousal or child support is ordered, the party who is to receive the support must provide to the Domestic Relations Office a "Request to Establish an Account" containing the information required by that office.

CRITICAL

Applies to

Notice of chapter 10 case to local administrative judge

Parties filing a Chapter 10 (administrative agency judicial review) case must notify the Local Administrative Judge in writing, with an additional notice required after all parties answer unless TRO/emergency relief is being sought 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

Pre trial forms

Before any hearing on temporary or interim orders in divorce or parent-child suits (including modification, paternity, and original 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:

CRITICAL

Applies to

Motion

Must include

certificate of conference

Every motion must include a certification that counsel conferred (or made reasonable efforts to confer) with all parties about the date, time, and format of the setting.

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

Motion to withdraw as attorney

A hearing is required for a motion to withdraw as attorney unless the motion complies with Texas Rule of Civil Procedure 10 and is filed with written client consent, written consent of all appearing parties, a certificate of the client's last known address, and a certification that no rulings remain unwritten; this chapter does not apply to limited appearances governed by Chapter 20.

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

Proposed order

A motion must be filed with the District Clerk before a proposed order granting it may be considered for submission.

A motion must be filed with the District Clerk before a proposed order granting the motion may be considered on submission.

CRITICAL

Applies to

Draft judgment decree or order

So far as practicable, every draft judgment, decree, or order must be signed by all parties evidencing approval as to form before it is presented to the judge.

So far as practicable, every draft of a judgment, decree, or order to be signed by a judge or associate judge must be signed by all parties evidencing approval as to form before it is presented to the judge.

CRITICAL

Applies to

Adoption

Must include

proposed order

For a Travis County adoption of a child formerly under CPS conservatorship, the adoptive parent’s attorney must present a proposed CPS-case dismissal order to the adoption court at the time of 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

Chapter 10 case notice

A party filing a Chapter 10 Case must notify the Local Administrative Judge in writing, provide an additional notice after all parties answer unless seeking a TRO or emergency relief, and include the specified party, attorney, and related-case information.

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. 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

Submission

Emergency and urgent matters may not be submitted; they must be set for hearing or presented under Local Rules Chapters 2 or 7.

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

Proposed order

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

Documents provided to judge for action

Documents submitted to a judge for action must first be filed with the District Clerk, and then a copy must be provided to the judge.

Also note that providing documents to a judge does not file them; documents provided to a judge for action (e.g., motions) must first be filed with the District Clerk, then a copy provided to the judge.

CRITICAL

Applies to

Proposed dismissal order cps case

Must include

proposed order

When the adoption is in Travis County, the adoptive parent(s)' attorney must present a proposed CPS case dismissal order 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

Motion

Must include

proposed order

A request to withdraw funds held for a minor must be accompanied by the motion, proposed order, and a District Clerk-obtained bank-account summary showing the account status and any prior 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

Income and resources documents

Unless the parties agree or stipulate to income or net resources, each party must provide the judge at the hearing (without filing) and the opposing party before the hearing with the preceding four payroll statements or paystubs and the preceding year’s filed income tax return, if any.

(ii) 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

Adoption

Must include

proposed order

If the adoption is not filed in Travis County, the adoptive parent’s attorney must send the proposed CPS-case dismissal order to the Travis County Presiding CPS Court Judge immediately after the adoption is granted.

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

Financial records

The required trial disclosures include federal tax returns for the prior two calendar years or, if none were filed, specified payroll and tax records for those years.

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 hearing temporary orders

Notices of Hearing for Temporary Orders requiring appearance after answer day need no order and must not be presented to a judge for signature.

Notices of Hearing for Temporary Orders that require appearance after answer day do not require an order and must not be presented to a judge for signature.

CRITICAL

Applies to

Chapter 10 case notice

In addition to filing the notice, the party must submit it to the Local Administrative Judge by delivery, mail, or email using one of the specified destinations.

In addition to filing, the notice must be submitted to the Local Administrative Judge by: (i) Delivering the notice to the attention of the Local Administrative Judge at the Office of the District Judges at the Civil and Family Courts Facility; (ii) Mailing the notice to the Local Administrative Judge at P.O. Box 1748, Austin, TX 78767-1748; or (iii) Emailing the notice to: LocalAdministrativeJudge@traviscountytx.gov.