Walker County District Court Document Filing Requirements

CRITICALCivil cases

Applies to

Exhibit list

A comprehensive exhibit list must be submitted, and exhibit copies must be prepared for opposing counsel, the Court Reporter, and the Court.

4. Exhibit List and Copies: A comprehensive exhibit list must be submitted, with copies prepared for opposing counsel, the Court Reporter, and the Court.

CRITICALCivil cases

Applies to

Party and counsel list

The Party and Counsel List must identify all parties and attorneys of record by complete and correct names and include designated representatives’ names, titles, and physical mailing addresses for business entities.

I . Party and Counsel List: A list identifuing all parties, including any self-represented parties and attomeys ofrecord, with complete and correct names. For any business entity, include the designated representative's name and title. along with physical mailing addresses.

CRITICALCivil cases

Applies to

Trial witness list

The Trial Witness List must identify each trial witness’s name, address, and testimony subject matter and comply with the Texas Rules of Civil Procedure disclosure requirements.

2. Trial Witness List: A complete list of trial witnesses, including the name, address, and subject matter of testimony, consistent with the disclosure requirements under the Texas Rules of Civil Procedure.

CRITICALCivil cases

Applies to

Jury charge

For a jury trial, counsel must prepare and submit a draft proposed Jury Charge.

3. Draft Jury Charge or Bench Trial Documents: Prepare and submit a draft ofthe proposed Jury Charge.

CRITICALCivil cases

Applies to

Proposed findings conclusions

For a bench trial, counsel must submit proposed Findings of Fact and Conclusions of Law, which may be revised as appropriate during trial.

If the case will proceed as a bench trial, submit proposed Findings ofFact and Conclusions ofLaw. Revisions to these documents may be made as appropriate during the trial.

CRITICALCivil cases

Applies to

Deposition designations

Deposition designations must include deposition excerpts or edited video testimony and clearly identify page and line numbers in the intended trial presentation sequence.

5. Deposition Designations: Submit excerpts ofdepositions or edited video testimony. clearly identifying the page and line numbers in the sequence intended to be presented at trial.

CRITICALCivil cases

Applies to

Motion in limine

All Motions in Limine must be filed and prepared for discussion at the hearing in accordance with the Walker County Standing Order in Limine.

6. Motions in Limine: All Motions in Limine must be filed and prepared for discussion at the hearing pursuant to the Walker County Standing Order in Limine.

CRITICALCivil cases

Applies to

Trial logistics

Counsel must inform the Court of anticipated trial scheduling needs, audiovisual equipment use, estimated trial duration, and potential scheduling conflicts.

7. Trial Logistics: Counsel shall inform the Court of anticipated trial scheduling needs, use ofany audio-visual equipment, estimated duration ofthe trial, and any potential scheduling conflicts.

CRITICAL

Applies to

Audio or video exhibit

Only the audio or video segments offered as exhibits may be included.

Only the segments of audio or video content being offered as exhibits shall be included.

CRITICAL

Applies to

Audio or video exhibit

When only some recordings on a disc are offered, the sponsoring party must copy those recordings to a separate disc and exclude the rest.

For example, if a disc contains 50 jail phone calls and only a portion are being admitted, the sponsoring party must copy only those specific calls to a separate disc and offer that disc as the exhibit, excluding all others.

CRITICAL

Applies to

Exhibit

If the Court of Appeals cannot open an exhibit in an appealed case, the sponsoring party must provide the court reporter with a replacement in an acceptable and accessible format.

In the event a case is on appeal and the Court of Appeals is unable to open an exhibit as submitted, the sponsoring party that offered the exhibit shall be responsible for providing the court reporter with a replacement exhibit in an acceptable and accessible format.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach a copy of the order to the original petition and every copy of the petition.

The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.

CRITICALCriminal cases

Applies to

Application for court appointed attorney

The defendant must fill out the application to determine eligibility for court-appointed counsel.

To deterrnlne eltgibtli9 lor court appoinlment of an afiorney, the defendan, masl ltll ou, ,hls fotrrl

CRITICAL

Applies to

Continuance motion

Must include

proposed order

Unless all counsel consent in writing and the court approves, a continuance motion must comply with TRCP Rule 251 et seq. and be accompanied by an order.

Unless counsel for all parties consent in writing to the request for a continuiulce and the same is approved by the court, a motion must be filed pursuant to Rule 251,, et seq. of the TRCP, as amended. The motion must be accompanied by an order.

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

Unless all parties’ counsel consent in writing and the court approves the request, a continuance request must be made by motion under the cited TRCP provisions, and the motion must be accompanied by an order.

Unless counsel for all parties consent in writing to the request for a continuEulce and the same is approved by the court, a motion must be filed pursuant to Rule 25'1,, et seq. of the TRCP, as amended. The motion must be accompanied by an order.

CRITICAL

Applies to

Notice to client

The notice to the client must state that the court will be asked to grant withdrawal on or after ten days from the notice date if no objection is filed.

The notice must inform the client that the court will be requested to grant the withdrawal on or after ten (10) days from the date of the notice, if no objection is filed.

CRITICAL

Applies to

Email

Emails responding to an inquiry by the judge must include the sender’s full name, mailing address, telephone number, fax number, and, if applicable, State Bar of Texas number.

Such emails shall include the sender's full name, mailing address, telephone number, fax number and State Bar of Texas number (if applicable).

CRITICAL

Applies to

Motion

Must include

proposed order

A filed motion seeking affirmative relief must be accompanied by an order in a form that would grant or deny the motion.

2.15.2 Form of orders. All filed motions seeking affumative relief from the court shall be accompanied by an order in such form as to grant or deny the motion.

CRITICAL

Applies to

Pleading

Represented parties’ pleadings must be signed by an attorney of record and include the contact information required by the applicable rule; unrepresented parties must sign their own pleadings and include the listed contact information.

Every pleading submitted by a party represented by an attomey shall be signed by at least one attorney of record and include the contact information required under TRCP 57 or, for criminal mafters, Article 1.052 of the Code of Criminal Procedure. A party not represented by an attomey shall sign their own pleadings and include the contact information listed in TRCP 57 or Article 1,.052.

CRITICAL

An attorney who has appeared may withdraw only by filing a motion that includes the information required by TRCP 10; appointed counsel in criminal cases must also comply with Article 26.04.

An attomey who has entered a aPPearance i. *y case may withdraw onlyby filing a motion with the court. The motion must include the information required by TRCP 10. In criminal cases, appointed counsel must comply with Article 26.04 of the Code of Criminal Procedure to withdraw.

CRITICAL

Newly retained counsel may not be permitted to substitute for counsel of record unless they certify that they are prepared to proceed without delaying the proceedings.

Newly retained counsel may not be permitted to substitute for counsel of record unless they certify that they are PrePared to proceed without causing any delay of the proceedings.

CRITICAL

Applies to

Motion to withdraw

If the withdrawal motion lacks the signature of substitute counsel and/or the client, withdrawing counsel must attach a copy of the cover letter advising the client of the motion’s filing.

If the motion does not contain the signature of substitute counsel and/or the client, withdrawing counsel must attach a copy to the motion of the cover letter sent to the clienf advising them of the motion's fili.g.

CRITICAL

Applies to

Ex parte application

Applications for ex parte relief must include a counsel-signed certificate in a form provided in the court’s website document.

All applications for ex parte relief shall contain a certificate signed by counsel in one of the forms set forth in the document entitled "certificate of conference and/or notice" on the court's website.

CRITICAL

Applies to

Preferential setting motion

A motion for preferential setting must be written, verified, and clearly state its specific grounds.

Motions for preferential setting shall be in writing, verified, and clearly state the specific grounds for the request.

CRITICAL

Applies to

Hearing confirmation or setting request

A hearing confirmation or setting request must be filed with the appropriate clerk, and a copy must be provided to the coordinator.

A confirmation of hearing or setting request (as determined by specific court procedures) must be filed with the appropriate clerh and a copy must be provided to the coordinator.

CRITICAL

Applies to

Ad litem appointment agreement

An agreement for appointment of an ad litem must be submitted in writing as a motion and order, signed by all attorneys, and will be considered without a hearing.

An agreement by the parties for appointment of an ad litem shall be submitted in writing in the form of a motion and order to the court, signed by all attomeys and will be considered by the court without a hearing.

CRITICAL

Applies to

Motion and response

Must include

proposed order

Motions and responses must be written and accompanied by a separate proposed order granting or denying the requested relief.

Motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought. The proposed order shall be a separate document.

CRITICAL

Applies to

Proposed order

An unopposed motion must include a separate proposed order granting the requested relief, signed by all attorneys.

A separate proposed order gr​anting the requested relief must accompany the motion and be signed by all attomeys.

CRITICAL

Applies to

Deposition notice

A written deposition notice using a date, time, or location that was not agreed must include the specified conference statement.

A written notice of deposition on a date, time or location that is not agreed shall state as follows: "A conference was held (or attempted) with the counsel for opposing party to agree to a time, date, location, and materials to be produced. Agreement could not be reached (or counsel will not respond) and the deposition is therefore being taken pursuant to this notice."

CRITICAL

Applies to

Discovery motion

Must include

proposed order, certificate of conference

A discovery motion must include a proposed order and Certificate of Conference to avoid being deemed premature.

A discovery motion may be deemed premature unless the movanfs counsel has: (L) made a good faith attempt to obtain the discovery or requested relief by agreement with opposing counsef (2) complied with the Texas Rules of Civil Procedure and either was unsuccessful or demonstrates good cause for not doing so; and (3) included a proposed order and a Certificate of Conference in accordance with Rule 3.15.7.

CRITICAL

Applies to

Bankruptcy notice

Counsel must provide the court and all counsel written notice within three days of a bankruptcy filing, including the specified bankruptcy and trustee information.

Whenever a party in this court files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party's counsel to, within three (3) days of any bankruptcy filing, provide written notice to the court and all counsel that a bankruptcy has occurred, stating the name and location of the bankruptcy court the bankruptcy cause number and style, the date of filing and the name and address of counsel for the bankrupt party, as well as the name and address for the trustee.

CRITICAL

Must include

proposed order

A motion to retain must include a written memorandum stating the factual and legal grounds for avoiding dismissal and a compliant proposed pretrial order.

The motion must be accompanied by a written memorandum outlining the factual and legal grounds for avoiding dismissal for want of prosecution, along with a proposed pretrial order that complies with Texas Rule of Civil Procedure 165a(1).

CRITICAL

An objection to a motion to retain must be supported by a written memorandum stating its factual and legal basis.

A party objecting to a motion to retain shall file a written memorandum setting forth factual and legal basis for any objection to the motion to retain within three (3) days of service of the motion to retain.

CRITICAL

Applies to

Summary judgment motion

The motion must set forth each ground in numbered sequence, stating the specific facts relied upon for each. It should identi{y the source of each fact and indicate where those facts appear in the surunary judgment evidence. Each ground must be accompanied by a clear and concise argurnent, including appropriate citations to legal authority and specific references to the supporting evidence.

The motion must set forth each ground in numbered sequence, stating the specific facts relied upon for each. It should identi{y the source of each fact and indicate where those facts appear in the surunary judgment evidence. Each ground must be accompanied by a clear and concise argurnent, including appropriate citations to legal authority and specific references to the supporting evidence.

CRITICAL

Applies to

Summary judgment response

A summary judgment response must address grounds in the motion's numbered sequence, identify supporting facts and their sources in the evidence, and provide concise, supported arguments with legal citations and direct evidence references.

The response must address each ground in the same numbered sequence used in the motion for summary judgment. It should clearly state the specific facts relied upory identify the source of each fact, and indicate where those facts are located within the summary judgment evidence. Each point must include a concise and well-supported argument, with citations to relevant authorities and direct references to the supporting evidence.

CRITICAL

Applies to

Order or judgment

When funds are deposited into the court registry, counsel and attorneys ad litem must ensure the order or judgment clearly directs the clerk how to dispose of them.

In cases where funds are deposited into the registry of the cour! it is the responsibility of all counsel and attomeys ad litem to ensure that the order or judgment clearly directs the clerk regarding the disposition of the funds.

CRITICAL

Applies to

Order decree judgment

Unless the court orders otherwise, plaintiff or petitioner’s counsel must reduce orders, decrees, and judgments to writing, obtain opposing counsel’s approval as to form, and deliver them to the court for signature within 20 days after the specified event, or within 10 days for temporary orders.

Within twenty (20) days [ten (10) days for any type of temporary orders] after rendition, announcement of court's ruling or announcement of setflement by counsel, plaintiff/petitioner's counsel shall cause, unless ordered otherwise, all orders, decrees and judgments of any kind to be reduced to writing, approved as to form by opposing counsel and to be delivered to the court for signature.

CRITICAL

Applies to

Certificate of no bill

A Certificate of No-Bill must be signed by the foreperson and certify that the case was presented to the grand jury and a no-bill was returned.

5.10.4 Certificate of No-Bill procedures. When a defendant is "no-billed," meaning that a case was presented to the grand jury regarding an individual and less than nine affirmative votes were given for a'true bill of indictmenf a Certificate of No-Bill shall be signed by the foreperson certifying thllt the case was presented to the grand jury and that a no-bill was retumed.

CRITICAL

Applies to

Motion and response

Must include

proposed order

Motions and responses must be written and accompanied by a separate proposed order granting or denying the requested relief.

4.1.8.2 Fonn. Motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought. The proposed order shall be a separate document.

CRITICAL

Applies to

Unopposed motion

Must include

proposed order

An unopposed motion should be marked on its face; it is sent directly to the judge and routinely granted without a hearing unless contrary to the interests of justice, and must include a separate proposed order signed by all attorneys.

4.18.5 Unopposed motions.If a motion is unopposed by all counsel of record, this should be clearly indicated on the face of the motion. In such cases, the clerk will submit the motion directly to the judge for consideration. The court will routinely grant unopposed motions without a hearing unless the judge determines that granting the motion would not serve the interests of justice. A separate proposed order granting the requested relief must accompany the motion and be signed by all attomeys.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A motion must include a certificate of conference signed by movant’s counsel, who must personally attempt to confer with opposing counsel before filing; the certificate must conform verbatim to a court-provided form.

4.18.7 Conference requirement. No party may file a motion without attaching a "certificate of conference" signed by movant's counsel. Prior to the filing of a motion, movant's counsel must personally attempt to confer with opposing counsel to resolve the disputed matter(s). The Certificate of Conference must conform verbatirn to one of the forms provided in the document titled 'Certificate of Conference and/or Notice' available on the court's website.

CRITICAL

Applies to

Motion

Must include

proposed order

The motion must include a written memorandum stating the factual and legal basis for retaining the case and a proposed pretrial order complying with TRCP Rule 165a(1).

Said motion shall include a written memorandum setting forth the factual and legal basis why the case should not be dismissed for want of prosecution, together with a proposed pretrial order complying with TRCP Rule 165a(1).

CRITICAL

Applies to

Orders decrees and judgments

Unless the court orders otherwise, plaintiff or petitioner’s counsel must have orders, decrees, and judgments reduced to writing, approved as to form by opposing counsel, and delivered to the court for signature within the stated deadline.

Within twenty (20) days [ten (10) days for any type of temporary orders] after renditiory announcement of court's ruling or announcement of settlement by counsef plaintiff/petitioner's counsel shall cause, unless ordered otherwise, all orders, decrees and judgments of any kind to be reduced to writing, approved as to form by opposing counsel and to be delivered to the court for signature.

CRITICAL

Applies to

Response to motion for entry of order

A party responding to a motion under subsection (a) must provide opposing counsel, at least three days before the hearing, a written list of objections or an alternative proposed order.

c. a party responding to a motion filed under subsection a. of this rule shall at least three (3) days prior to the hearing present to opposing counsel a written list of objections to the order (or an altemative proposed order).

CRITICAL

Applies to

Initial pleading

Each initial pleading in an applicable family law matter must have the Walker County Standing Restraining Order attached.

The Walker County Standing Restraining Order, available on the court's website, must be attached to each initial pleading filed in applicable family law matters in the Walker County District Courts.

CRITICAL

Applies to

Financial information disclosures

When child or spousal support is at issue, each party must provide the court and opposing party the listed financial information at or before the hearing, if available.

In all cases in which support of a child and/or spouse is in issue, whether temporary or finaf each party shall be required to fumish the court and opposing party true and correct copies of the following, at or before the time of the hearing, if available: a. a swom statement of the household usual and ordinary monthly income and exPenses; b. all payroll statements, pay stubs; and if self-employed, profit and loss statements, balance sheets, income statements, or any other document evidencing any and all of that party's eamings from ]anuary 1. ol the current year through the date of the hearing; c. federal tax retums, including attachments and schedules, for the two (2) years immediately prior to the hearing, or if returns have not been prepared, all W-2s, 1,099s, K-1s or other evidence of income for said year; and d. copies of any financial statements prepared for any financial institution for the year prior to the first hearing and from January 1 of the current year through the date of the hearing.

CRITICAL

Immediately upon employment, defense counsel must provide written notice to the district attorney, district clerk, and court coordinator identifying the defendant, offense date and charges, and cause number if known.

Immediately upon employment the defertse attorney shall give written notice of said employment to the district attomey, the district clerk and the court coordinator stating the name of the defendant the date of and the offense(s) charged and cause number, if known.

CRITICAL

Applies to

Arraignment waiver

Arraignment may be waived in writing if signed by both the attomey and the defendant and filed with the clerk before noon on the day prior to the scheduled arraignment.

Arraignment may be waived in writing if signed by both the attomey and the defendant and filed with the clerk before noon on the day prior to the scheduled arraignment.

CRITICAL

Applies to

Pretrial motion

Must include

proposed order, certificate of service

A pretrial motion set for hearing must state the requested relief, pertinent facts, supporting argument and authorities, include required signatures and any required oath, and contain a certificate of service and proposed order.

In order to set a pre-trial motion for hearing, the motion must: 1. succinctly state the relief soughg 2. state the facts pertinent to the motion; 3. state supporting argument with authorities; 4. be signed by counsel and, where required, by the defendan! 5. be swom to when required; Page37 of40 ===== PAGE 38 ===== 6. contain a certificate of service; itnd 7. contain a proposed order granting or denying the motion in full or in part.

CRITICAL

Applies to

Affidavit to release surety

A surety seeking release from bail-bond liability must complete the required affidavit, comply with Chapter 17, and present the affidavit to the clerk for filing and presentation to the judge.

Sureties requesting a release on their liability on a bail bond must complete an Affidavit to Release Surety (a sample of which may be found on the courfs website), comply with the requirements of Chapter 17 of the Code of Criminal Procedure, and present the completed affidavit to the clerk for filing and presentation to the judge.

WARNING

Applies to

Oversized or enlarged exhibit

An oversized or enlarged exhibit may be used demonstratively, but its 8.5-by-11-inch version is the official exhibit for the appellate record.

Such exhibits may be used for demonstrative purposes before the fact finder; however, the 8.5" x 11" version shall serve as the official exhibit for the appellate record.

WARNING

Applies to

Agreed matter

Matters titled “Agreed” and signed by all counsel or self-represented parties will be signed upon presentment without a hearing.

Matters titled "Agreed" and signed by all counsel or self-represented parties will be signed upon presentment, without the need for a hearing.

WARNING

Applies to

Hearing setting request form

The original hearing-setting form must be filed with the appropriate clerk, and a copy must be provided to the court coordinator.

The original form must be filed with the appropriate clerk, and a copy must be provided to the court coordinator.

WARNING

Applies to

Response

Failure to file a response may be treated as a representation that the motion is unopposed.

Failure to file a response may be considered a representation of no opposition.

WARNING

Applies to

Motion

If a motion is unopposed by all counsel of record, the movant should clearly indicate that on the face of the motion.

If a motion is unopposed by all counsel of record, this should be clearly indicated on the face of the motion.

WARNING

A hearing on a motion may be waived if all counsel of record agree and notice is provided to the court.

Hearings on any motion may be waived with the agreement of all counsel of record, provided that notice is provided to the court.

WARNING

Applies to

Notice

Counsel may waive oral argument on a summary judgment motion by mutual agreement and written notice to the court.

Likewise, oral argument on motions for summary judgment may be waived by mufual agreement of counsel by written notice to the court (see Rule 3.20).

WARNING

Counsel must promptly notify the court when a bankruptcy concludes.

Once a bankruptcy has been concluded, whether by discharge, denial of discharge or otherwise, counsel shall promptly notify the court so that the case may be restored to the active docket or be dismissed as may be appropriate.

WARNING

Applies to

Notice of delay circumstances

Written notice of the circumstances must be provided to the court when a case is placed on the dismissal docket because of an agreement, installment debt payments, or a party's bankruptcy.

If a case is placed on the dismissal docket due to a delay resulting from a parties' agreement, installment payment of a debt, or a party's bankruptcy, written notice of such circumstances must be provided to the court.

INFO

Applies to

Proposed docket control order

When all parties agree on all deadlines, the proposed order should be completed, signed by all parties, and e-filed for the court's consideration.

If all parties agree on all deadlines, the proposed ordc'r should be completed, signed by all parties, and efiled for the court's consideration.