Travis County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Annual or final account

The Account Submission Checklist is a required cover sheet for every annual and final account.

The purpose of this checklist is to assist counsel in ensuring that an annual or final account is complete and ready for court staff to review. It is a required cover sheet for all annual and final accounts by Administrative Order, in part to ensure that court staff are not devoting time to accounts that are incomplete.

CRITICALCivil cases

Applies to

Accounting backup

An electronic version of all required backup must be provided; it may be emailed to the stated address or submitted on a flash drive delivered with the paper backup to the Court Coordinator.

3. An electronic version of all required back-up (see #2 above). This electronic version may be emailed to probate.auditors@traviscountytx.gov or may be submitted on a flash drive delivered with the paper back-up to the office of the Court Coordinator.

CRITICAL

Applies to

Media coverage request

The media coverage request includes an agreement that coverage will cease immediately if the Court withdraws permission.

2 Permission may be withdrawn by the Court any time pursuant to the Guidelines, at which time media coverage will immediately cease.

CRITICALCivil cases

Applies to

Notice or waiver affidavit

The notice or waiver affidavit must state who will inherit the testator's property if the offered will is not admitted to probate.

The notices or affidavits must contain a statement that the testator's property will pass to the testator's heirs if the will is not admitted to probate (or, if another will of the testator has already been admitted to probate, to the beneficiaries of that will).

CRITICALCivil cases

Applies to

Account

The Guardian or Representative must sign the Account under penalty of perjury.

The Guardian/Representative has signed the Account under penalty of perjury.

CRITICAL

Applies to

Motion to withdraw

Except as provided in Rules 8 and 10 of the Texas Rules of Civil Procedure, a motion to withdraw may be granted without a hearing if it includes the specified attorney consents, client consent or an explanation for its absence, and a certificate stating the client’s last known mailing address.

Except as provided in Rules 8 and 10 of the Tex. R. Civ. P., a motion to withdraw will be granted without a hearing if the moving attorney: a. files written consent to the withdrawal signed by attorneys for all parties; and b. files a written consent to the withdrawal signed by the client, or includes a specific statement of the circumstances that justify the withdrawal and the circumstances that prevent obtaining the client’s written consent in the motion; and c. files a certificate stating the last known mailing address of the client.

CRITICAL

Applies to

Account submission

The Court's Account Submission Checklist must be used.

Amended Administrative Order Requiring the Use of the Court's Account Submission Checklist

CRITICAL

Applies to

Proposed judgment or order

A draft proposed judgment or order must be submitted before or during the hearing.

Drafts of a proposed judgment or order are mandatory and must be submitted before or during a hearing.

CRITICAL

Applies to

Court order

If the Court denies media coverage, its order must state the findings supporting the denial.

If the Court denies coverage, it shall set forth in its order the findings upon which such denial is based.

CRITICALCivil cases

Applies to

Account

The account must explain how any requested commission was calculated.

The account explains the basis for calculation of any requested commission.

CRITICAL

Applies to

Media coverage

Media coverage may occur only if the Court issues a written order.

Media coverage is permitted only on written order of the Court.

CRITICALCivil cases

Applies to

Annual or final account

Annual and final accounts must include the currently approved Account Submission Checklist as a cover sheet to be approved.

It is therefore ORDERED that the Travis County Probate Court No. 2 will not approve any Annual or Final Account unless it includes as a cover sheet the Account Submission Checklist posted on the Court's Annual and Final Accountings and Reimbursements website (or whatever modification of the approved form is posted in the future).

CRITICAL

Applies to

12 member jury request

A party requesting a 12-member jury must give the court’s judicial aide a written copy of the request.

When a party files a written request for a 12-member jury, the party shall give a written copy of the request to the court’s judicial aide no later than 30 days before trial pursuant to Tex. Govt. Code § 25.2292(d).

CRITICALCivil cases

Applies to

Account

The attorney for the Guardian or Administrator must sign the Account.

I have signed the Account as attorney for the Guardian/Administrator.

CRITICAL

Applies to

Motion to retain

A motion to retain must include a written memorandum stating its factual and legal basis.

A party filing a motion to retain shall include a written memorandum containing the factual and legal basis supporting the motion.

CRITICALCivil cases

Applies to

Annual final account

Proof of payment of insurance premiums must be ready for submission with the account.

Proof of payment of insurance premiums is ready to be submitted with this account.

CRITICALCivil cases

Applies to

Citation

The Clerk must attach the order’s notice of the right to object to every citation issued under Texas Estates Code § 258.002.

The Clerk must attach to each citation issued under Texas Estates Code § 258.002 the "Notice of Application to Probate Copy of Lost Will or Codicil or Lost Will or Codicil without a Copy that is attached to this Order, informing all persons interested in the estate of their right to object to the probate.

CRITICALCivil cases

Applies to

Waiver affidavit

A waiver affidavit must state that the heir or beneficiary does not object to offering the will for probate.

Affidavits must also include a statement that the heir (or beneficiary) does not object to the offer of the testator's will for probate.

CRITICAL

Applies to

Motion to retain

A motion to retain must state the factual and legal basis for retaining the case and comply with the notice of dismissal's requirements.

A motion to retain must set forth the factual and legal basis for retaining the case and must comply with all requirements set out in the notice of dismissal.

CRITICAL

Applies to

Media coverage request

Original signed party consent forms must be attached to and filed with the request, and witness consent forms must be obtained as the Court directs.

Original signed consent forms of the parties must be attached to and filed with the request to cover the proceeding. Consent forms of the witnesses must be obtained in the manner directed by the Court.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

A certificate of service must identify each recipient, any party represented by a recipient attorney, and the service method, with address or contact details when service was not through the electronic filing manager.

Under these rules, a generic statement that all necessary notice has been served is never sufficient without additional information. This Court requires that a certificate of service must specifically include all of the following: (1) the name of each person who was served with the pleading or notice; (2) if the person served is an attorney, the name of the party or parties the attorney represents; and (3) the manner in which each person was served. (A) If service was through the electronic filing manager, no additional information about the manner of service is needed. (B) If service was not through the electronic filing manager, the certificate must give further details about the manner of service, specifying the physical address, mailing address, email address, or fax number used for service.

CRITICAL

Applies to

Media coverage consent form

When media coverage is sought with consent, the Court-adopted consent forms must be used to indicate the consent of parties and witnesses.

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

CRITICAL

Applies to

Hearing request for affirmative relief

Must include

proposed order

A party seeking affirmative relief at a hearing must provide an appropriate proposed order.

A party seeking affirmative relief at a hearing must provide an appropriate proposed order.

CRITICAL

Applies to

Pleading

A self-represented party must sign each filed pleading and include the specified contact information.

A party not represented by an attorney must sign each filed pleading and must include the party’s address, telephone number, email address, and, if available, fax number.

CRITICAL

Applies to

Pleading

Each pleading for a represented party must be signed by an attorney of record and include the specified attorney contact information and State Bar identification number.

Each pleading of a party represented by an attorney must be signed by at least one attorney of record in the attorney’s individual name and must include the attorney’s State Bar of Texas identification number, address, telephone number, email address, and if available, fax number.

CRITICAL

Applies to

Hearing request

A hearing-date or trial-setting request must be submitted using the Regular Docket Hearing Request Form.

Request a hearing date or a trial setting by emailing a Regular Docket Hearing Request Form, posted on the Court’s website, to the Court Coordinator of the Court in which the case is pending.

CRITICAL

Applies to

Media coverage request

A person seeking media coverage must file a request with the Probate Clerk containing the specified case, proceeding, requester, coverage, equipment, and consent information.

A person wishing to broadcast, televise, record, or photograph a court proceeding must file with the Probate Clerk a request to cover the proceeding. The request must state all of the following: (A) the cause number and case style; (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); (E) the type and extent of equipment to be used; and (F) if requesting media coverage with consent, all signed consent forms.

CRITICALCivil cases

Applies to

Small estate affidavit

A Small Estate Affidavit must use the Court-approved form posted on its website, including any future modification, to be approved.

It is therefore ORDERED that the Travis County Probate Court No. 2 will not approve any Small Estate Affidavit unless it uses the approved form posted on the Court's website (or whatever modification of the approved form is posted in the future).

CRITICALCriminal cases

Applies to

Bail determination information

Information provided to a judge to help determine bail or pretrial-release conditions, including the listed records and reports, must be provided to defense counsel before the judicial determination.

1. Any information or data which has been or will be provided to any judge for the purpose of assisting the judge in determining bail and any conditions of pre-trial release shall be provided to any attorney representing a criminal defendant prior to said judicial determination. This order includes the defendant's criminal history record information or other involvement with law enforcement agencies, any reports or evaluations concerning physical or mental condition or treatment for any substance use disorder, emergency protective orders, orders of commitment and other such information or data obtained or provided by Travis County officials, agencies, or departments in possession of the information or data. Each official, agency, or department shall establish its own procedures for release of said information or data.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must include the attorney’s certification that no Court rulings remain to be reduced to writing.

A motion to withdraw must contain the attorney’s certification that there are no Court rulings in the case that have yet to be reduced to writing.

CRITICAL

Applies to

Motion to retain

Must include

proposed order

Under the motion-to-retain option, the applicant must obtain a specific hearing or trial setting and file a motion to retain and proposed order that comply with the notice of dismissal.

applicant has obtained a specific hearing or trial setting and has filed a motion to retain and a proposed order, both of which comply with all requirements set out in the notice of dismissal.

CRITICAL

Applies to

Media coverage order

If the Court denies media coverage, its order must state the findings supporting the denial.

If the Court denies coverage, it will set forth in its order the findings on which its denial is based.

CRITICAL

Applies to

Notices and pleadings listed on compliance notice

Absent special circumstances, an attorney will not be released or allowed to withdraw until all notices and pleadings listed on the compliance notice have been filed.

Absent special circumstances, the attorney will not be released or allowed to withdraw until all notices and pleadings listed on the compliance notice have been filed.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw generally requires a hearing unless the specified written consents and client-address certificate are filed; a substitute attorney’s appearance can replace the client consent and address certificate, but not the other parties’ consents.

No motion to withdraw as attorney of record will be granted without a hearing unless: (1) the moving attorney files a written consent to the withdrawal signed by all parties; (2) the moving attorney files a written consent to the withdrawal signed by the client; and (3) the moving attorney files a certificate stating the client’s last known mailing address. If a motion to withdraw and to substitute another attorney includes an appearance by another attorney under the Texas Rules of Civil Procedure, that appearance will satisfy the requirements of paragraphs (2) and (3) above, but the appearance by another attorney will not satisfy the requirement that the movant must file written consents to the withdrawal signed by counsel for all other parties.

CRITICAL

Applies to

Related or ancillary case

Contested matters unrelated to estate administration are usually related or ancillary matters and must receive a new cause number.

While any stage of a probate or guardianship proceeding can be contested, it is usually the contested matters that bear no direct relationship to the administration of the estate that are related or ancillary and must be given a new cause number.

CRITICAL

Applies to

Media coverage order

Media coverage requires a written court order; different procedures may be used only in extraordinary circumstances upon a court finding of good cause.

Media coverage is permitted only on the Court’s written order. The following procedures must be followed, except in extraordinary circumstances and only if there is a finding by the Court that good cause justifies a different procedure.

CRITICAL

Applies to

Pleading

All pleadings must be signed and include full contact information, including an email address.

All pleadings must be signed with full contact information, including email address, as required by Texas Rules of Civil Procedure Rule 57.

CRITICAL

While Travis County requires it, anyone seeking to use the Court’s E-Courtroom equipment must certify that counsel or the firm’s managing partner has signed the applicable User Agreement.

As long as it is a Travis County requirement, anyone wanting to use the Court’s E-Courtroom equipment must certify that counsel or the managing partner of counsel’s firm has signed the Travis County User Agreement governing use of E-Courtroom equipment.

CRITICAL

Applies to

Motion to retain or objection to motion to retain

A motion to retain or an objection to one must be delivered to the Court Coordinator in addition to being filed with the County Clerk.

In addition to being filed with the County Clerk, a motion to retain or an objection to a motion to retain must also be delivered to the Court Coordinator.

CRITICALCivil cases

Applies to

Personal citation

When a guardianship application is filed, the Clerk must attach the Bill of Rights for Persons under Guardianship to each personal citation issued to a proposed ward under either cited statute.

It is therefore ordered that when an application for guardianship is filed, the Clerk must attach to each personal citation on a proposed ward issued under either Texas Estates Code §1051.103(a)(1) or Texas Estates Code §1251.005 the "Bill of Rights for Persons under Guardianship" that is attached to this Order, informing the proposed ward of the proposed ward's rights if he or she is placed under a guardianship.

CRITICALCivil cases

Applies to

Personal citation

When a guardianship application is filed, the Clerk must attach the Bill of Rights for Persons under Guardianship to each personal citation issued to a proposed ward under either specified statute.

It is therefore ordered that when an application for guardianship is filed, the Clerk must attach to each personal citation on a proposed ward issued under either Texas Estates Code §1051.103(a)(1) or Texas Estates Code §1251.005 the "Bill of Rights for Persons under Guardianship" that is attached to this Order informing the proposed ward of the proposed ward's rights if he or she is placed under a guardianship.

CRITICAL

Applies to

Case style

A related or ancillary case's style must identify the parties in that case.

The case style for a related or ancillary case must indicate the parties in that related or ancillary case.

CRITICAL

Applies to

Motion to dismiss

Must include

proposed order

If the applicant uses the motion-to-dismiss option to avoid dismissal, the motion must be filed with a proposed order.

applicant files a motion to dismiss with a proposed order

CRITICAL

Applies to

Pleadings

Must include

case number

After docketing, pleadings must use the assigned cause number unless the Court orders severance or consolidation.

Once a cause number has been assigned and the case has been docketed, all pleadings in the case must be filed using the same cause number (unless the Court orders a severance or consolidation).

CRITICAL

Applies to

Pleading or notice

Must include

certificate of service

When the cited rules or statutes require service, the filing attorney or self-represented party must certify that all other parties and specified representatives were served.

When Texas Rules of Civil Procedure (TRCP) Rule 21 or any provision of the Texas Estates Code or other statute requires a pleading or notice to be served on other parties, TRCP Rule 21a requires that the attorney or pro se party who is filing the pleading or notice must certify to the Court that all other parties have been served with a copy of the pleading or notice – including all attorneys known to represent other parties in the matter, all other parties not represented by an attorney, and any attorney ad litem or guardian ad litem who has been appointed in the case.

CRITICAL

Applies to

Jury trial request

A party must file a written jury-trial request before seeking a setting, and the jury fee must be paid unless the party files an affidavit stating inability to pay.

(1) Before requesting a setting for a jury trial, the party requesting the jury trial must file the required written request for a jury trial and must pay the jury fee. See Texas Rule of Civil Procedure Rule 216. The Court will not set a jury trial date until the request for a jury trial has been filed and the jury fee has been paid (unless the party requesting the jury trial has filed an affidavit to the effect that the party is unable to pay the jury fee).

CRITICAL

Applies to

Pleading

Each pleading must have a precise title identifying the pleading, rather than a generic title.

All pleadings must include a precise title that identifies the pleading. For example, “Application to Probate a Copy of a Will as a Muniment of Title,” not “Application”; “Order Approving Annual Account from May 15, 2016 to May 14, 2017,” not “Order.”

WARNINGCivil cases

Applies to

Citation

As authorized by Texas Estates Code § 51.151, explicit notice of their right to object should be given to all heirs, either attached to all citations prepared by the Clerk or included as part of all waivers of citation.

As authorized by Texas Estates Code § 51.151, explicit notice of their right to object should be given to all heirs, either attached to all citations prepared by the Clerk or included as part of all waivers of citation.

WARNINGCivil cases

Applies to

Final account

If property must be deposited into the court registry, the account must request that deposit.

Some property will need to be deposited into the court registry, and the account makes this request.

WARNINGCivil cases

Applies to

Final account

When estate property remains and transactions must be completed, the account must request all authority necessary to complete them.

- The account requests all authority necessary to complete those transactions (sig a deed, etc.).