Judge Kelley T. Kimble
Individual Rules, Standing Orders & Policies
- Rules last changed:
Document Filing Requirements20 rules
Any motion seeking additional discovery must address only matters not covered by the Order and comply with CCP 28.01.
Court's wording
Should additional discovery be necessary the Defendant and/or the State shall file a written motion addressing only matters not covered in this Order. Any such motion must be presented in accordance with CCP 28.01.
Counsel presenti ng any ap pl ication for an ex parte order shall, at the time t he application is presented to the Court, certify in writing that : A. To t he best of counsel's knowledge, the party against whom the relief is sought is not represent ed by counsel; or B. If the party against whom the relief is sought is represented by counsel, that {i) such counsel has been notified of the application
If they are pro-se litigants, please give the ir address and email address.
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 t he date the parties have agreed to.
B. At t he bottom of all Orders Setting, please list all the parties; and, if t he parties are represented by counsel, please list the attorney's name, address, email address and fax number.
C. If you cannot obtain a date that is agreeable to all counsel, send your Order Setting with a letter stating the dat es that were given t o opposing counsel and their reasons fo r not agreeing.
D. Always advise the Court in your request or cover letter than you have contacted the opposing counsel and that they are available for hearing on the date you have requested .
All parties must agree as to the hearing date and t ime and that the hearing be conducted via Zoom video conference.
In temporary-support matters, each party must provide specified prior-year earnings records, a monthly income-and-expense statement, and federal tax returns for the two prior calendar years.
Court's wording
In all cases in which temporary support of a spouse and/or the child is in issue, each party shall be required to furnish all payroll statements, pay stubs, W2 forms and 1099 forms which evidence that party's earnings for the calendar year prior to the temporary hearing, a statement of monthly income and expenses, and copies of that party's federal income tax returns for the two calendar years prior to the temporary hearing.
All parties are required to comply with Tex. R. Civ. Proc. 194.2(c) Initial Disclosures in Certain Suits under the Family Code .
Counsel must attach the specified standing order and Children's Bill of Rights to the original citation in divorce and parent-child relationship suits.
Court's wording
The Standing Order Regarding Property and Conduct of Parties in Divorce and Suits Affecting the Parent-Child Relationship and the Children's Bill of Rights attached hereto are to be attached by counsel to the original citation in all suits of divorce and suits affecting the parent-child relationship .
After each party's sworn inventory and appraisement has been filed, the parties shall file a composite inventory and appraisement. The Petitioner shall initiate the composite inventory and forward it to the Respondent for completion not less than fourteen (14) days prior to trial.
A. In all cases to be tried to the bench, the attorneys are required to submit a proposed property division to the court on the date of trial.
In contested cases where disputed assets exceed $250,000, each party must file a sworn inventory and appraisement at least 30 days before trial.
Court's wording
B. In all contested cases where the value of assets in dispute exceeds $250,000, the following documents are required : 1. Each party shall file, not less than thirty (30) days prior to trial, a sworn inventory and appraisement of all the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.
If the Petitioner does not attach the order, the Clerk must ensure a copy is attached to the petition and every presented copy when the petition is filed.
Court's wording
At the time the petition is filed, if the Petitioner has failed to attach a copy of this Order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this Order is attached to the petition and every copy of the petition presented.
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
Do not put, " .. a copy has been sent to all opposing counsel".
If counsel does not wish to have a hearing for entry of a docket control order, counsel may submit a completed docket control order to the Court, signed by all parties, prior to the setting date fo r the schedu led docket control conference .
If a divorce case being tried to the bench, each attorney is required to submit a proposed property division to the court.
Please have a proposed charge available for review and all exhibits ready to be marked.
Filing & Service rules
Electronic Filing Rules
Efile sends a signed copy of the order only to the party who requested the setting, so that party must circulate it to the others.
Efile will not send a signed copy of any order to any party other than the party requesting the setting.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
The deemed-received rule for fax and email communications does not cover filing documents with the District Clerk unless the Clerk has implemented an Electronic Filing Plan.
This does not include filing documents with the District Clerk, unless the District Clerk has implemented an Electronic Filing Plan.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
Filing Timing and Cure Windows
Within 60 days of the ruling or settlement announcement, counsel must prepare the written order, forward it to opposing counsel for approval as to form, and deliver it to the Court for signing.
Within sixty (60) days after rendition, announcement of the Court's ruling or announcement of settlement by counsel, counsel shall cause all judgments, decrees or orders of any kind to be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered to the Court for signing.
Page 12 | RULE 2.6 ORDERS AND DECREES — A. Reduction to Writing Within Sixty {60) Days
A party who completes the course must file a certificate of completion by the earlier of 30 days after completion or the party’s next court appearance.
Each party completing the course shall file a certificate of completion with the court within thirty (30) days of completion of the course, or at the time of that party's next court appearance, whichever is sooner.
Page 17 | RULE 4.2 PARENT EDUCATION AND FAMILY STABILIZATION COURSE — D. Verification of Attendance
The Petitioner must initiate the composite inventory and forward it to the Respondent for completion at least 14 days before trial.
After each party's sworn inventory and appraisement has been filed, the parties shall file a composite inventory and appraisement. The Petitioner shall initiate the composite inventory and forward it to the Respondent for completion not less than fourteen (14) days prior to trial.
Page 18 | RULE 4.3 FINAL HEARINGS — B.2
In contested cases where disputed assets exceed $250,000, each party must file the sworn inventory and appraisement at least 30 days before trial.
B. In all contested cases where the value of assets in dispute exceeds $250,000, the following documents are required : 1. Each party shall file, not less than thirty (30) days prior to trial, a sworn inventory and appraisement of all the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.
Page 18 | RULE 4.3 FINAL HEARINGS — B.1
The Respondent must complete and file the composite inventory and serve a copy on the Petitioner at least 7 days before trial.
The Respondent shall comp lete and file the composite inventory with the Court and serve a copy of the same on the Petitioner not less than (7) days prior to trial.
Page 18 | RULE 4.3 FINAL HEARINGS — B.2
If a disposing judgment, order, or decree is not furnished within 60 days, the Court must place the case on its next regularly scheduled dismissal docket, where dismissal and costs are discretionary.
Upon failure to furnish the Court with a judgment, order or decree disposing of the case within the sixty (60) day period, the Court shall place the case on the next regularly scheduled dismissal docket, whereupon the case may be dismissed and costs may be taxed at the Court's discretion.
Page 12 | RULE 2.6 ORDERS AND DECREES — B. Dismissal if Written Order Not Furnished
If opposing counsel does not object in writing within 10 days after the letter, counsel may present the proposed judgment, decree, or order with the letter for the Court's signature.
Present the Court with the proposed judgment, decree or order, together with a letter requesting the Court to sign the same if the Court has not received a written objection from opposing counsel within ten (10) days from the date of the letter.
Page 12 | RULE 2.6 ORDERS AND DECREES — C. Procedure for Entry of Order
Service and Proof of Service Rules
The party who set the case must circulate the signed Order Setting to all parties once it is returned through efile.
If you are the party setting the case, it is your responsibility to circulate the signed order setting to all parties once the order containing the judge's signature is returned to you via efile.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
If no attorney will be substituted or the client does not consent by signing the proposed withdrawal order, the withdrawing attorney must notify the client in writing by certified mail with return receipt requested or another method authorized by the Texas Rules of Civil Procedure.
If another attorney is not to be substituted as attorney for the party or if the party does not consent to the motion to withdraw and indicate same by signing the proposed order granting the withdrawal, the withdrawing attorney shall notify the client in writing that the Court will be requested to sign an order granting the withdrawal and set same for hearing. Notice shall be sent by certified mail, return receipt requested or by any other means set forth in the Texas Rules of Civil Procedure .
Page 10 | RULE 2.3 WITHDRAWAL OF COUNSEL
A party submitting a proposed judgment for signature must serve it and a copy of the letter on all other parties who have appeared and remain in the case.
Each party who submits a proposed judgment for signature shall serve the proposed judgment and a copy of the letter on all other parties who have appeared and remain in the case,
Page 12 | RULE 2.6 ORDERS AND DECREES — C. Procedure for Entry of Order
The party submitting a proposed judgment, decree, or order must circulate the signed version to all parties after it is returned via efile.
If you are the party submitting the proposed judgment, decree or order via efile, it is your responsibility to circulate the judgment, decree or order containing the court's signature to all parties once it is returned to you via efile. Efile will not send a signed copy of any judgment, decree or order to any party other than the party submitting same for signature by the court.
Page 13
A responding party seeking affirmative relief on a temporary-orders application must serve its application and hearing notice on the adverse party under Texas Rules of Civil Procedure 5 and 21a.
An application to the Court for a temporary order and notice of any hearing thereon which is presented by a party responding to an application for temporary orders in which that party is seeking affirmative relief shall be served on the adverse party in accordance with Rule 5 and Rule 21a of the Texas Rules of Civil Procedure, as amended.
Page 15 | RULE 4.1 TEMPORARY HEARINGS — B. Notice Required When Responding Party Seeking Affirmative Relief
The Respondent must serve the Petitioner with a copy of the completed composite inventory at least 7 days before trial.
The Respondent shall comp lete and file the composite inventory with the Court and serve a copy of the same on the Petitioner not less than (7) days prior to trial.
Page 18 | RULE 4.3 FINAL HEARINGS — B.2
New parties must be joined and served by the date specified in the scheduling order.
1. NEW PARTIES shall be joined and served by this date.
Civil cases
Page 1 | New Parties
The party who submits a docket control order for signature must circulate the signed order to all parties after it is returned via efile; efile sends it only to the requesting party.
If you are the party submitting the DCO for the Court's signature, it is your responsibility to circulate the signed DCO t o all parties once the order containing the judge' s signature is returned to you via efile. Efile will not send a signed copy of any order to any party other than the party requesting the court's signature/ approval.
Page 9 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
If counsel cannot obtain opposing counsel's approval as to form, counsel may move for entry of the proposed judgment, order, or decree and secure a hearing with notice to all opposing counsel under Rule 21a.
File a motion for entry of the proposed judgment, order or decree and secure a hearing for the same, with notice to all opposing counsel pursuant to Rule 21a, Texas Rules of Civil Procedure.
Page 12 | RULE 2.6 ORDERS AND DECREES — C. Procedure for Entry of Order
The party causing joinder must provide a copy of the scheduling order when serving the new party.
The party causing the joinder shall provide a copy of this scheduling order at the time of service.
Civil cases
Page 1 | New Parties
Adjournment & Extension Requirements
Unless all parties’ counsel consent in writing and the Court approves, a continuance request requires a motion under the applicable civil or criminal rule, accompanied by an order setting the motion for hearing; a noncompliant motion will be denied without prejudice to refiling.
Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as amended, or Article 29.01, Texas Code of Criminal Procedure, as applicable, and the motion must be accompanied by an order setting the motion for a hearing. Any motion that does not meet these requi rements will be denied without prejudice to the right to refile.
Page 5 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — B. Contents of Motion
A request to continue, pass, postpone, or reset a proceeding may be granted only if all parties’ counsel consent or the nonjoining parties are notified and given an opportunity to object.
No request for a continuance, to pass, postpone or reset any trial, pretrial, or other hearing shall be granted unless counsel for all parties consent, or unless all parties not joining in such request have been notified and have had an opportunity to object.
Page 5 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — A. Consent or Notice Required
An attorney who files a vacation notice after a trial or pre-trial setting must move for a continuance and seek leave of court to reschedule.
Should an attorney file a notice of vacation after the date a case has been set for trial or pre-trial matters, it is the responsibility of that attorney to file a motion for continuance seeking leave of court to reschedule said setting.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
Chambers Communication Rules
Counsel must provide an email address and contact information to the Court Coordinator.
Counsel must provide his/her e-mail address and contact information to the Court Coordinator.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
Attorneys must provide their communication numbers and email address to the Courts, Clerks of Court, and opposing counsel.
Said numbers and email address shall be provided to the Courts, the Clerks of Court, and all opposing counsel.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
Disputes concerning compliance with the Order should be brought to the Court’s attention immediately.
Any dispute related to compliance with this Order should be brought to the Court's attention immediately.
Criminal cases
Page 3
E. When setting or resetting a case for trial, pre-trial, etc., please advise t he Co urt Coordinator as to the esti mated time you will need for the hearing.
E. When setting or resetting a case for trial, pre-trial, etc., please advise t he Co urt Coordinator as to the esti mated time you will need for the hearing.
Page 7 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
If a hearing must be canceled or you are running late, contact the Court Coordinator as soon as possible.
F. If, f or any reason, you have to cancel a hearing, or if you are run ning lat e to a schedu led hearing, please contact the Court Coordinator as soon as possib le.
Page 7 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
Communications between the Courts and attorneys sent to the provided fax numbers or email addresses are deemed received.
All communications between the Courts and attorneys sent via fax to the numbers provided, or via email via the addresses provided, shall be deemed received.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
When a case is set for trial, attorneys practicing in the 38th Judicial District must advise the Court of any scheduled vacation dates.
Any attorney practicing in the 38 th Judicial District Court will, at the time a case is being set for trial, advise the Court as to any scheduled vacation dates .
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
If practicable, attorneys practicing in the 38th Judicial District must have access to an operational fax machine, email, and answering machine or cell phone with voicemail 24 hours a day, seven days a week.
Any attorney practicing in the 38th Judicial District Court, if practicable, shall have access to a fax machine, email and answering machine/cell phone with voice mail activated that will be operative 24 hours a day, seven days a week.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
To request a District Court hearing by Zoom, contact the District Court Coordinator.
To request a hearing in the District Court through Zoom video conference, please contact the District Court Coordinator.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
Counsel seeking electronic copies of court dockets before settings must provide an email address and contact information to the appropriate Court Coordinator.
F. If counsel wishes to be sent electronically transmitted copies of court dockets prior to court settings, counsel must provide his/her e-mail address and contact information to the appropriate Court Coordinator.
Page 15 | F.
To obtain dates when setting or resetting a case, contact the District Court Coordinator or view the court calendar online.
When setting or resetting a case for trial, pre-trial hearing, etc., please contact the District Court Coordinator at the Uvalde County Office for available dates, or you may view the District Court's calendar online at www.texas38th.com .
Page 7 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
The Court permits and encourages hearings by Zoom video conference.
Hearings conducted by Zoom video conference are acceptable and encouraged by the Court.
Page 8 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS