Upton County Court Document Filing Requirements

CRITICAL

Applies to

Income and expense statement

In contested support hearings, attorneys must prepare complete written income and expense statements for their clients and present them to the Court before the hearing.

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.

CRITICAL

Applies to

Temporary restraining order or protective order application

An application for a Temporary Restraining Order or Protective Order without notice must be accompanied by the applicant’s verified complaint or affidavit; the Court will hear no testimony.

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.

CRITICAL

Applies to

Attorney fee voucher

Court-appointed attorneys must submit an Attorney Fee Voucher, which is available from the Court Administrator.

All court appointed attorneys shall submit an Attorney Fee Voucher, which can be obtained from the Court Administrator in Ozona, Texas.

CRITICAL

Applies to

Temporary restraining order or protective order application

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.

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.

CRITICAL

Applies to

Order setting

Every Order Setting should list the parties to notify and, as applicable, their attorneys’ fax numbers or pro se parties’ addresses.

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.

CRITICAL

Applies to

Motion

Must include

certificate of service

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.

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).

CRITICAL

Applies to

Order setting and letter

If counsel cannot agree on a date, send the order setting with a letter listing the dates offered to opposing counsel and their reasons for not agreeing.

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.

CRITICAL

Applies to

Request or cover letter

The request or cover letter must tell the Court that opposing counsel was contacted and is available on the requested hearing date.

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.

CRITICAL

In divorce, annulment, and parent-child relationship cases, the Attorney General and any attorney of record must complete Form VS-165 and present it to the presiding judge when the decree or judgment is filed; the decree or judgment will not be signed until the form is submitted.

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.

CRITICAL

Applies to

Written inventory

In contested property-division cases, the attorney must prepare a complete written inventory of the client’s marital and separate estate assets and liabilities and submit it before trial.

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.

CRITICAL

Applies to

Request for setting

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.

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.

CRITICAL

Applies to

Order resetting

Send an Order Resetting with a cover letter advising the Court Administrator of the agreed date.

b. Send an Order Resetting with a cover letter advising the Court Administrator in Ozona, Texas of the date the parties have agreed on.

CRITICAL

Applies to

Hearing setting request

When setting or resetting a case for trial, pre-trial, or another hearing, advise the Court of the estimated time needed.

When setting or resetting a case for trial, pre-trial, etc., please advise the Court the estimated time you will need for the hearing.

CRITICAL

Applies to

Request for setting

If item 8(a) of the Request for Setting applies, send an Order Setting for the Court to set a pre-trial hearing.

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.

CRITICAL

Applies to

Request for setting

Must include

case number, certificate of service

A Request for Setting must contain the listed case, attorney, discovery, mediation, pretrial, settlement, trial, service, and signature information.

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.

CRITICAL

Applies to

Motion and order setting

Enter the agreed date on the Order Setting and send the Motion, Order, and a statement confirming the date is agreed to the Court Administrator for entry.

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.

CRITICAL

Applies to

Request for setting

A setting will be made only in response to a proper written Request for Setting.

A setting will be made only in response to a proper written Request for Setting.

CRITICAL

Applies to

Proposed jury questions

Each party must submit proposed jury questions when the parties announce ready.

At the time the parties announce ready, each party shall submit to the Court proposed jury questions.

CRITICAL

Applies to

Motion and order setting

Enter the agreed date on the Order Setting and forward the Motion and Order with a statement that the date is agreed to the Court Administrator.

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

CRITICAL

Applies to

Request for setting

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 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.

CRITICAL

Applies to

Ex parte order

Ex parte orders in family-law matters must comply with the Family Code.

Ex Parte Orders in family law matters must meet the requirements of the Family Code.

CRITICAL

Applies to

Trial setting request

To obtain a trial date, submit an Order Setting with a Request for Setting; to obtain a pre-trial date, submit a letter stating the agreed date.

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.

WARNING

Applies to

Request for setting

14.) A blank Order Setting which should be attached to the Request.

14.) A blank Order Setting which should be attached to the Request.

WARNING

Applies to

Order setting

For uncontested divorces, agreed divorces, defaults, and adoptions, an Order Setting need not be sent; arrange the setting by contacting the Court Administrator.

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.