Travis County Courts at Law Document Filing Requirements

WARNINGCivil 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.

WARNINGCivil cases

Applies to

Final account

If the guardianship is closing because the ward died, probate of his/her estate: Has been opened in Cause No.. Has been determined to be unnecessary because: The estate is insolvent; or

If the guardianship is closing because the ward died, probate of his/her estate: Has been opened in Cause No.. Has been determined to be unnecessary because: The estate is insolvent; or

WARNINGCivil cases

Applies to

Citation

When an applicant seeks to probate a will more than four years after the testator's death, all citations prepared by the Clerk, including the citation by posting, should include the "Notice of Application to Probate a Will More than Four Years after the Testator's Death" that is attached to this Order.

When an applicant seeks to probate a will more than four years after the testator's death, all citations prepared by the Clerk, including the citation by posting, should include the "Notice of Application to Probate a Will More than Four Years after the Testator's Death" that is attached to this Order.

WARNING

Applies to

Media coverage objection

Objections to media coverage should identify the specific and demonstrable injury alleged, rather than be conclusory.

Objections to media coverage should not be conclusory but should state the specific and demonstrable injury alleged to result from media coverage.

WARNING

Applies to

Proposed judgment or order

The word “entered” should not appear on the line above the Judge’s signature to indicate the signing date.

The word “entered” should not be used on the line above the Judge’s signature to show the date on which a judgment or order is signed.

WARNINGCivil cases

Applies to

Proposed order

The proposed order must grant all authority necessary to complete the transactions.

The proposed order grants all necessary authority.

WARNINGCivil cases

Applies to

Annual final account

If an applicable checklist item cannot be checked, counsel is advised to assess readiness and wait to file until the account is complete.

If you are unable to check all items applicable to your type of estate and account, consider whether your account is ready to be filed and wait until it is complete to do so.

WARNING

Applies to

Proposed judgment or order

Counsel for all parties should have an opportunity to approve a proposed judgment or order before it is presented for the Judge’s signature.

Counsel for all parties should have the opportunity to approve a proposed judgment or order before it is presented for the Judge’s signature.

WARNINGCivil 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.

WARNINGCivil cases

Applies to

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 report

For a final guardianship account, a final report of the person must also be filed.

A final report of the person has also been filed.

WARNING

Applies to

Media coverage objection

Any objections to media coverage should not be conclusory, but should state the specific and demonstrable injury alleged to result from media coverage.

Any objections to media coverage should not be conclusory, but should state the specific and demonstrable injury alleged to result from media coverage.

WARNING

Applies to

Hearing request

The Court also strongly prefers that all counsel confer about the time needed for the entire hearing for all participants so the time estimate that must be included in the hearing request is as accurate as possible.

The Court also strongly prefers that all counsel confer about the time needed for the entire hearing for all participants so the time estimate that must be included in the hearing request is as accurate as possible.

WARNING

Applies to

Vacation notice

If counsel chooses to file a vacation notice, it must be filed in a specific case and served on all other parties as required by Texas Rule of Civil Procedure 21.

If counsel chooses to file a vacation notice, the notice must be filed in a specific case, with notice served on all other parties as required by Texas Rules of Civil Procedure Rule 21.

WARNING

Applies to

Draft order judgment or decree

For contested cases, draft orders, judgments, or decrees presented outside a hearing should, as far as possible, be signed by all parties to show approval as to form before presentation.

As far as possible, each draft order, judgment, or decree to be presented to the Court outside of a hearing in a contested case should be signed by all parties evidencing approval as to form before it is presented to the Court.

INFO

Applies to

Authorization application

A person seeking authorization to serve citations or notices may file a written affidavit application using the clerk’s form or a similar suitable application.

A person who wants to be authorized to serve citations and other notices may file a written affidavit as an application. This application is supplied by the clerk’s office, or a person may file a similar suitable application.

INFOCivil cases

Applies to

Affidavit waiving citation

Attorneys are not required to use the attached sample affidavit, but the Court prefers that they adapt it to ensure all necessary information is included.

A sample affidavit waiving citation is attached to this Order. The Court does not require the use of this specific form, but the Court prefers that attorneys adapt this form affidavit to ensure all necessary information is included.

INFOCivil cases

Applies to

Waiver affidavit

Use of the attached sample affidavit is not required, but the Court prefers that attorneys adapt it to include all necessary information.

A sample affidavit waiving citation and waiving objection is attached to this Order. The Court does not require the use of this specific form, but the Court prefers that attorneys adapt this form affidavit to ensure all necessary information is included.

INFO

Applies to

Case style

The Court recommends including a bracketed reference to the principal and other related cases in an ancillary case's style.

In addition, it is helpful to include a bracketed reference to the cause number and style of the principal case and any other related case(s), preferably in smaller type than for the style of the ancillary matter itself.