Van Zandt County Court at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements4 rules
When presenting a TRO application, counsel or a pro se party must certify whether the case is subject to transfer and, if it is, counsel must fully advise the Court of the circumstances, including prior related applications and potentially conflicting orders.
Court's wording
Counsel (or pro se party) presenting any application for a temporary restraining order shall, at the time the application is presented, further certify that to the best of counsel's knowledge, the case in which the application is presented is not subject to transfer. If the case is subject to transfer, counsel shall fully advise the Court of the circumstances, particularly as to whether there has been any previous application for the same or similar relief or whether the relief sought will conflict with any other previous order.
To invoke an exception to advance notice, the applicant must file a verified party certificate or counsel certificate stating one of the specified grounds.
Court's wording
Compliance with the provisions of subparagraph (1) hereof is not required if a verified certificate of a party or a certificate of counsel is filed with the application, (1) That irreparable harm is imminent and there is insufficient time to notify the opposing party or counsel; (2) That to notify the opposing party or counsel would impair or annul the court's power to grant relief because the subject matter of the application could be accomplished or property removed, secreted or destroyed, in notice were required.
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
At filing, the Clerk must ensure the order is attached to the petition and every copy presented if the Petitioner has not attached it.
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.
Filing & Service rules
Filing Timing and Cure Windows
Motions challenging witness qualifications or evidence admissibility under Daubert or Frye must be filed at least 10 days before jury selection, or, in a court trial, at least 10 days before evidence is presented.
Any motion challenging the qualifications of the witness or the admissibility of the evidence under Daubert or Frye must be filed at least 10 days prior to jury selection or in the case of a trial to the court at least 10 days prior to the presentation of evidence.
Criminal cases
Page 2 | Experts
Pre-trial motions not covered by the listed orders must be filed seven days before the first pretrial hearing unless the Court gives special permission; otherwise, the motion will be waived or denied.
Any Pre-Trial Motions not covered by the listed orders such as a Motion to Suppress must be filed seven days prior to the first Pretrial Hearing unless special permission from the Court has been given. Without special permission and after such time has elapsed without the filing of the Motion, the Motion will be waived or denied.
Criminal cases
Page 3 | Pre-Trial Motions and Settings
Service and Proof of Service Rules
The State must produce the specified documents and information and make the specified physical items available for inspection at least five working days before trial.
Not less than five working days prior to trial, the State shall produce the following documents and information and make the following physical items available for inspection by Defendant, or if represented, by Defendant's counsel:
Criminal cases
Page 2 | Trial Disclosures
At least 20 days before trial, each party must disclose the names and addresses of its potential expert witnesses and any written report or opinion summary to the other party.
Not later than twenty days prior to trial, the parties shall disclose to the other in writing by hard copy or electronic means the name and address of each person the disclosing party may use at trial to present evidence under Rules 702, 703, and 705, Texas Rules of Evidence, as well as any written report or summary detailing the opinion which may be offered by the expert.
Criminal cases
Page 2 | Experts
The applicant must notify the opposing party and provide the application and proposed order at least two hours before presentation to the Court, subject to the stated certificate exceptions.
Counsel (or pro se party) presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing party's counsel, or the opposing party if unrepresented by counsel in the present controversy, and provide opposing counsel or party with a copy of the application and proposed order are at least 2 hours before the application and proposed order are to be presented to the Court for decision, except as provided in subparagraph (1) hereof.
Page 1 | APPLICATION FOR TRO AND OTHER EX PARTE ORDERS
Pre-Motion Conference Requirements
All hearings on the Pre-Trial Motions not covered by these orders must be heard prior to trial at the convenience of the Court or be carried to the time of trial at the discretion of the Court.
All hearings on the Pre-Trial Motions not covered by these orders must be heard prior to trial at the convenience of the Court or be carried to the time of trial at the discretion of the Court.
Criminal cases
Page 3 | Pre-Trial Motions and Settings
The Defense and the State should not file pre-trial motions covering the previously listed orders.
No Pre-Trial Motions covering the above listed orders should be filed by the Defense or the State.
Criminal cases
Page 3 | Pre-Trial Motions and Settings