Upton County Court
Court-Level Rules, Filing Procedures & Policies
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Document Filing Requirements24 rules
Once you have an agreed date, fill that date in on your Order Setting and forward both your Motion and Order, along with a statement that the date is an agreed date, to the Court Administrator in Ozona, Texas for entry with the
A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Administrator in Ozona, Texas. The party requesting a setting should not file the Request for Setting with the Clerk of Upton County.
A Request for Setting must contain the listed case, attorney, discovery, mediation, pretrial, settlement, trial, service, and signature information.
- Document
- Request for setting
Must include
- •Case number
Court's wording
The Request for Setting shall contain the following: 1.) The style and number of the case, and the county where the case is pending. 2.) The name, address and telephone number of the attorney making the request and the party represented by said attorney; 3.) Whether discovery is intended to be conducted under level 1, 2 or 3 according to Rule 190, T.R.C.P.; 4.) The date on which the jury fee was paid; 5.) A statement that the pleadings of the party requesting the setting are in order; 6.) A statement that mediation has been completed or none is required. (a) Pending mediation, all discovery is abated unless otherwise ordered by the Court. 7.) A statement that all discovery has been completed or none is desired. (a) It discovery is pending the request shall contain the date on which discovery is expected to be completed; 8.) A statement that all pre-trial matters have been disposed of or none is pending. (a) If pre-trial matters are pending the request for setting shall state the nature of same, the party asserting same, the estimated time for hearing same and possible dates for a pre-trial hearing which have been cleared with opposing counsel; 9. A statement that the party requesting the setting has made a good-faith effort to negotiate a settlement of the case and further efforts appear futile. 10.) Possible dates for the trial of the case which have been cleared with opposing counsel. (a) If opposing counsel will not agree to a date for trial, the dates proposed and the reason for opposing counsel's refusal to agree to same; 11.) The estimated time of trial; 12.) A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service; 13.) The signature of the attorney making the Request.
Every Order Setting should list the parties to notify and, as applicable, their attorneys’ fax numbers or pro se parties’ addresses.
Court's wording
At the bottom of all ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney's fax numbers. If they are pro se litigants, please give their addresses.
Request a merits-trial setting by submitting a written Request for Setting directly to the Court Administrator, not the Upton County Clerk, with the same contents as a jury-trial request except item 4.
Court's wording
A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Administrator in Ozona, Texas. The party requesting a setting should not file the Request for Setting with the Clerk of Upton County. The contents of the Request for Setting shall be the same as a Request for Setting for jury trial except for item 4.
If item 8.(a) in the Request for Setting is applicable, please send an Order Setting and the Court will set a pre-trial hearing.
Once you have an agreed date, fill that date in on your Order Setting and forward both your Motion and Order, along with a statement that the date is an agreed date, to the Court Administrator in Ozona, Texas for entry with the Court.
A setting will be made only in response to a proper written Request for Setting.
At the time the parties announce ready, each party shall submit to the Court proposed jury questions.
An application for a Temporary Restraining Order and/or Protective Order, to be granted without notice to the adverse party, will be considered only upon the applicant's verified complaint or affidavit accompanying the application, and no testimony will be heard.
To obtain a Temporary Restraining Order or Protective Order without notice, the accompanying verified complaint or affidavit must state specific facts and intelligible grounds for relief and cannot contain mere conclusions.
Court's wording
No Temporary Restraining Order or Protective Order will be granted without notice to the adverse party unless the applicant's verified complaint or affidavit accompanying the application contains "specific facts," as required by Rule 680, T.R.C.P., and "a plain and intelligible statement of the grounds for such relief," as required by Rule 682, T.R.C.P. No such Temporary Restraining Order shall be granted upon a complaint or affidavit containing mere conclusions, even if verified.
Ex Parte Orders in family law matters must meet the requirements of the Family Code.
The attorneys in all contested hearings concerning support shall prepare complete written income and expense statements as to their respective clients and present same to the Court prior to the hearing.
All court appointed attorneys shall submit an Attorney Fee Voucher, which can be obtained from the Court Administrator in Ozona, Texas.
b. Send an Order Resetting with a cover letter advising the Court Administrator in Ozona, Texas of the date the parties have agreed on.
All motions must include opposing counsel’s name, address, phone number, and fax number under the Certificate of Service, and must not use the quoted boilerplate statement.
- Document
- Motion
Include
- •Certificate of service
Court's wording
At the end of all MOTIONS, please include the opposing counsel's name, address, phone number and fax number under the Certificate of Service. Please do not put "...a copy has been sent to all opposing counsel." (This will let the Court know who the attorneys are since we do not have immediate access to all files in every county).
The Attorney General and any attorney of record, in a case involving a divorce, an annulment, or any suit affecting the parent- child relationship shall complete the form and present it to the presiding judge upon the filing of the decree or judgment. No decree or judgment will be signed until said document is submitted.
In all contested cases involving the division of property the attorney shall prepare a complete written inventory of the assets and liabilities of the marital estate and of the separate estate of their respective client and submit same to the Court prior to trial.
a. Submit an Order Setting to the Court, with a Request for Setting when obtaining a trial date, or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.
b. If you cannot obtain a date that is agreeable to all counsel, send your order Setting with a letter stating the dates that were given to opposing counsel and their reasons for not agreeing.
c. ALWAYS ADVISE THE COURT IN YOUR REQUEST OR COVER LETTER THAT YOU HAVE CONTACTED THE OPPOSING COUNSEL AND THAT THEY ARE AVAILABLE FOR HEARING ON THE DATE YOU HAVE REQUESTED.
When setting or resetting a case for trial, pre-trial, etc., please advise the Court the estimated time you will need for the hearing.
14.) A blank Order Setting which should be attached to the Request.
When requesting a setting for uncontested divorces, agreed divorces, defaults or adoptions, you do not need to send an Order Setting. These matters can be set by contacting the Court Administrator in Ozona, Texas.
Filing & Service rules
Service and Proof of Service Rules
A copy of the Request for Setting must be served on all counsel, and the request must include a certificate identifying each attorney and the date of service.
12.) A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service;
Page 2 | RULE 1.11 REQUEST FOR SETTING - JURY CASES
Sealing & Redaction Procedures
Party names and addresses in civil actions filed with the County and District Clerks remain public and are not confidential except as provided by section 30.015 of the Texas Civil Practices and Remedies Code.
The names and addresses of all parties to civil action filed with the County and District Clerks shall remain public information and shall not be confidential by law other than 30.015 of the Texas Civil Practices and Remedies Code.
Page 4 | RULE 1.60 PUBLIC INFORMATION
Pre-Motion Conference Requirements
After obtaining available dates, contact opposing counsel to agree on a hearing date before sending the setting papers.
After you have available dates, please contact opposing counsel to obtain a date that is agreeable to both parties.
Page 3 | RULE 1.20 SETTINGS - NON-JURY CONTESTED CASES
After obtaining available dates, contact opposing counsel for an agreeable date before forwarding the Motion and Order Setting to the Court Administrator.
After you have available dates, please contact opposing counsel to obtain a date that is agreeable to both parties. Once you have an agreed date, fill that date in on your Order Setting and forward both your Motion and Order, along with a statement that the date is an agreed date, to the Court Administrator in Ozona, Texas for entry with the
Page 1 | RULE 1.10 SETTINGS - JURY CASES
Adjournment & Extension Requirements
Party agreement or filing a motion for continuance does not automatically result in a continuance being granted.
Continuances are not automatic upon agreement by the parties. Mere filing of a Motion for Continuance does not mean the continuance will be granted.
Page 5 | RULE 2.11 AGREED CONTINUANCES
Continuances must comply with the cited statutory provisions.
All continuances shall be in accordance with Arts. 29.01 through 29.13, C.C.P. and Art. 30.003, Ix. Civil Prac. & Rem. Code.
Page 5 | RULE 2.10 CONTINUANCES
Chambers Communication Rules
Before sending the Motion and Order Setting for a civil pre-trial, non-jury, or post-trial hearing, call the Court Administrator in Ozona to obtain available dates.
When setting a civil case for pre-trial, non-jury or post trial hearing, please call the Court Administrator in Ozona, Texas prior to sending your Motion and Order Setting to obtain available hearing dates.
Page 3 | RULE 1.20 SETTINGS - NON-JURY CONTESTED CASES
To obtain a resetting date, contact the Court Administrator for available dates and then coordinate with opposing counsel on a date available and agreeable to all counsel.
a. To obtain a resetting date, please contact the Court Administrator in Ozona, Texas for available dates, then contact opposing counsel to obtain. a date that is available and agreeable to all counsel.
Page 5 | RULE 2.12 RESETTINGS
For an agreed continuance, contact the Court Administrator in Ozona, Texas, who will consult with the Judge before removing the matter from the docket.
If you have a continuance that is agreed to by all parties, please contact the Court Administrator in Ozona, Texas and advise her of this and she will consult with the Judge prior to removing the matter from the docket.
Page 5 | RULE 2.11 AGREED CONTINUANCES
When setting or resetting a trial, pre-trial, or similar matter, contact the Court Administrator for available dates and then coordinate with all other counsel to obtain a date everyone can attend.
When setting or resetting a case for trial, pre-trial, etc., please contact the Court Administrator in Ozona, Texas for available dates. Then, contact all other counsel and obtain a date that everyone is available.
Page 6 | RULE 4.11 AVALLABLE COURT DATES
The attorney must contact the District Clerk in the filing county to advise that the case file will be picked up for transport to a hearing in another county.
The attorney shall contact the District Clerk in the county for which the case is filed to let them know they will be picking the file up to transport it to another county for hearing.
Page 7 | RULE 4.13 COURT FILES
Provide the fax and answering-machine numbers to the Courts, Clerks of Court, and all opposing counsel.
Said numbers shall be provided to the Courts, the Clerks of Court, and all opposing counsel.
Page 7 | RULE 4.16 FAX AND ANSWERING MACHINE AVAILABLITY
If a hearing must be canceled for any reason, contact the Court Administrator in Ozona as soon as possible.
If for any reason, you have to cancel a hearing, please contact the Court Administrator in Ozona, Texas as soon as possible.
Page 7 | RULE 4.14 CANCEL HEARINGS
When arranging a civil-case hearing, call the Court Administrator before sending the Motion and Order Setting to obtain available dates.
When setting a civil case for pre-trial, jury, non-jury or post trial hearing, please call the Court Administrator in Ozona, Texas prior to sending your Motion and Order Setting to obtain available hearing dates.
Page 1 | RULE 1.10 SETTINGS - JURY CASES
If practicable, attorneys practicing in the 112th District Courts must have access to an operative fax machine and answering machine 24 hours a day, seven days a week.
Any attorney practicing in the 112" District Courts, if practicable, shall have access to a fax machine and answering machine that will be operative 24 hours a day, seven days a week.
Page 7 | RULE 4.16 FAX AND ANSWERING MACHINE AVAILABLITY
Fax communications between the Courts and attorneys to the provided numbers are deemed received, but this rule does not extend to filings with the District Clerk unless the Clerk has implemented an Electronic Filing Plan.
communications between the Courts and attorneys sent via fax to the numbers provided shall be deemed received. This does not include filing documents with the District Clerk, unless the District Clerk has implemented an Electronic Filing Plan.
Page 7 | RULE 4.16 FAX AND ANSWERING MACHINE AVAILABLITY
The Court accepts and encourages hearings by telephone conference call.
Hearings conducted by telephone conference call are acceptable and encouraged by the Court.
Page 7 | ROLE 4.15 TELEPHONE CONFERENCE