Waller County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Trial scheduling information

The required pretrial materials must address trial scheduling, audio-visual requirements, trial length, and potential conflicts.

Trial scheduling requirements, audio-visual requirements, trial length and potential conflicts.

CRITICAL

Applies to

Summary judgment response

A summary-judgment response must follow the motion's numerical order, identify supporting facts and their sources and locations, and provide a concise argument with citations and evidence references.

The response shall address the motion in the same numerical order established in the motion for summary judgment. The response shall state the specific facts relied upon, identify the source of those facts, and specify where in the summary judgment evidence the facts are found. The response shall set out a clear and concise argument with Page 1 1 appropriate citations to authorities relied upon and specific references to the summary judgment evidence.

CRITICAL

Applies to

Written waiver of arraignment

Presence of the defendant is mandatory at arraignment unless excused by the court or counsel for defendant has filed a written waiver of arraignment prior to the date of the arraignment.

Presence of the defendant is mandatory at arraignment unless excused by the court or counsel for defendant has filed a written waiver of arraignment prior to the date of the arraignment.

CRITICAL

Applies to

Unopposed motion

By representing a matter as unopposed, counsel certifies that opposing counsel is aware of it and has no objection to its entry.

By representing a matter as unopposed, counsel is certifying to the Court that opposing counsel is aware of the matter and has no objection to its entry.

CRITICAL

Applies to

Summary judgment response

A summary-judgment response must follow the motion’s numerical order and identify its supporting facts, sources, evidence locations, arguments, and authorities.

The response shall address the motion in the same numerical order established in the motion for summary judgment. The response shall state the specific facts relied upon, identify the source of those facts, and specify where in the summary judgment evidence the facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specific references to the summary judgment evidence.

CRITICALCivil cases

Applies to

Temporary orders submission

Must include

certificate of conference

The parties must certify their conference before submitting temporary orders to the court.

The parties are ORDERED to confer and certify said conference, and attend mediation, if necessary, on temporary orders before submission to the court.

CRITICAL

Applies to

Motion

Counsel seeking to include additional matters in the 506th District Court's Standing Discovery Order must file a motion.

The 506th District Court's Standing Discovery Order as posted on 506' District Court's webpage shall apply to all criminal cases tried in the 506th District Court and should counsel desire that additional matters be included, a motion will be required.

CRITICAL

Applies to

Judgment or agreed final order

Every suit affecting the parent-child relationship and every dissolution suit must include child support and the Attorney General’s required documentation in the judgment or agreed final order.

Child Support and the documentation required by the attorney general must be included in the judgement or agreed final order in every suit affecting the parent-child relationship and suit for the dissolution of marriage.

CRITICAL

Applies to

Grand jury minute book

At the beginning of each Grand Jury session, the District Clerk must have all members present sign the Minute Book to record attendance and the presence of a quorum.

When the Grand Jury begins a session, the District Clerk shall have all members present sign the Grand Jury Minute Book as proof of their presence at the session and to make a record of the fact that a quorum was present at the session.

CRITICAL

Applies to

Jury charge materials

Each party must prepare and present the jury-charge materials it expects to raise before trial or jury selection, in written form and in an electronic form specified by the court.

Each party shall prepare in proper written form and present to the Court prior to trial or the jury selection all jury charge definitions, instructions and questions which are expected to be raised by the pleadings and evidence and upon which the party has an affirmative burden. The charge shall be provided in both written form and via email, flash drive or other electronic form specified by the court.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must be agreed to and signed by the client, or it must be set for a hearing.

All motions must be agreed by the client and contain the signature of the client or be set for a hearing.

CRITICAL

Applies to

Written bond information

The District Attorney must provide the clerk written information stating whether the State will seek a non-standard bond and the supporting factors.

The District Attorney shall also furnish the clerk information in writing as to whether or not a non-standard bond will be sought by the State and the factors supporting same.

CRITICAL

Applies to

Bond information

The District Attorney must provide the clerk with written information stating whether the State will seek a non-standard bond and the supporting factors.

The District Attorney shall also furnish the clerk information in writing as to whether or not a non-standard bond will be sought by the State and the factors supporting same.

CRITICAL

A Rule 91(a) response must follow the motion’s numerical order and identify its supporting law, facts, pleadings locations, arguments, and authorities.

The response shall address the motion in the same numerical order established in the motion for Dismissal of Baseless Causes of Action under Rule 91(a). Any response shall state the specific law and/or facts relied upon, identify any allegations, inferences drawn from and/or specific facts relied upon to defeat the motion, and specify where in the pleadings the allegations, inferences drawn from and/or specific facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specific references to the allegations, inferences drawn from and/or specific facts pled.

CRITICAL

Applies to

Motion

In criminal cases tried in the 506th District Court, counsel must file a motion to include additional matters in the Standing Order in Limine.

The Standing Order in Limine as posted on the Court's webpage shall apply to all criminal cases tried in the 506th District Court and should counsel desire that additional matters be included, a motion will be required.

CRITICAL

Applies to

Motion to compel mediation

If reasonable efforts to obtain cooperation fail, the complying party must file a motion to compel mediation.

If a party is unable to get cooperation from the opposing side to schedule mediation prior to final trial after reasonable effort to obtain same, the complying party IS ORDERED to file a motion to compel mediation at least 45 days prior to trial, and set same on a submission docket prior to trial.

CRITICAL

Counsel may withdraw only after a motion is filed and an order granting leave to withdraw is obtained.

Withdrawal of counsel will only be permitted upon the filing of a motion and order granting leave to withdraw.

CRITICAL

Applies to

Rule 91a response

A Rule 91(a) response must follow the motion's numerical order and identify its supporting law, facts, pleading locations, arguments, and authorities.

The response shall address the motion in the same numerical order established in the motion for Dismissal of Baseless Causes of Action under Rule 91(a). Any response shall state the specific law and/or facts relied upon, identify any allegations, inferences drawn from and/or specific facts relied upon to defeat the motion, and specify where in the pleadings the allegations, inferences drawn from and/or specific facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specific references to the allegations, inferences drawn from and/or specific facts pled.

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.

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 indictment, a Certificate of No-Bill shall be signed by the Foreperson certifying that the case was presented to the Grand Jury and that a no-bill was returned.

CRITICALCivil cases

Applies to

Trial witness list

The required pretrial materials include a trial witness list stating each witness's name, address, and subject matter of testimony as required in the Request for Disclosure.

Trial witness list, with the same information required in the Request for Disclosure pertaining to the name, address and subject matter of the person's testimony.

CRITICAL

Applies to

Summary judgment motion

A summary-judgment motion must state its grounds in numerical order, identify the supporting facts and their sources and locations, and include concise arguments with citations and evidence references.

The motion shall state the specific grounds thereof in numerical order and shall state the specific facts relied upon in each ground, identify the source of those facts, and specify where in the summary judgment evidence the facts are tound. The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the summary judgment evidence.

CRITICAL

Applies to

Motion

In criminal misdemeanor cases tried in County Court at Law No. 2, counsel must file a motion to include additional matters in the Standing Order in Limine.

The Standing Order in Limine as posted on the Court's webpage shall apply to all criminal misdemeanor cases tried in the County Court At Law No. 2 and should counsel desire that additional matters be included, a motion will be required

CRITICALCivil cases

Applies to

Draft jury charge or findings of fact and conclusions of law

Submit a draft jury charge if the jury fee has been paid, or draft findings of fact and conclusions of law for a bench trial; modifications are allowed and expected as trial progresses.

Draft Jury Charge, if the jury fee has been paid; or draft Findings of Fact and Conclusions of Law for a bench trial. (Modifications are allowed andexpected as the trial progresses.)

CRITICAL

Applies to

Surety release request

A surety seeking release from liability on a bail bond must complete an Affidavit to Release Surety and present it with an Order of Surrender to the court where the defendant's case is pending.

Sureties requesting a release on their liability on a Bail Bond must complete an Affidavit to Release Surety and present the completed affidavit along with an Order of Surrender to the Court in which the case of the defendant is currently pending.

CRITICAL

Applies to

Motion to retain

After receiving a dismissal notice, a party must file a written Motion to Retain to avoid dismissal on the noticed date.

Unless a written Motion to Retain is filed after receiving such notice, the case will be dismissed on the date noticed.

CRITICAL

Applies to

Scheduling order

At arraignment, the court must enter a scheduling order setting discovery deadlines and the pretrial hearing, docket call, and trial dates.

At arraignment, a scheduling order shall be entered setting discovery deadlines, dates of pretrial hearing, docket call and trial date.

CRITICAL

Applies to

Pleading

A party unable to provide the specified contact information must file a pleading requesting an exception to the rule.

Any party unable to provide such information above must file a pleading requesting an exception to this rule.

CRITICAL

Applies to

Opposed motion or response

Must include

certificate of conference

Opposed motions and responses must include a Certificate of Conference stating that counsel attempted resolution before filing, the date, the communication method, or any other court-required information.

Opposed motions and responses shall contain a Certificate of Conference indicating that the counsel involved have attempted to resolve the dispute prior to filing of the motion or response, the date of such attempt and the manner of communication of such an attempt, or any other requirement of the court.

CRITICAL

Applies to

Indictment

The District Attorney must note on a non-substantive part of the indictment whether the defendant has other pending indicted cases, whether the indictment is a re-indictment, and the names of any co-defendants not named in it.

The District Attorney shall note on a non-substantive part of the indictment the following information: Whether there are other pending, indicted cases on the defendant; Whether the indictment is a re-indictment and; The names of any co-defendants not named in the indictment.

CRITICAL

Applies to

Arraignment waiver

A written waiver of arraignment must be filed by defense counsel before the arraignment date to avoid the defendant’s required presence, unless the court excuses the defendant.

Presence of the defendant is mandatory at arraignment unless excused by the court or counsel for defendant has filed a written waiver of arraignment prior to the date of the arraignment.

CRITICAL

Applies to

Surety release request

A surety seeking release from Bail Bond liability must complete an Affidavit to Release Surety and present it with an Order of Surrender to the court where the defendant's case is pending.

Sureties requesting a release on their liability on a Bail Bond must complete an Affidavit to Release Surety and present the completed affidavit along with an Order of Surrender to the Court in which the case of the defendant is currently

CRITICAL

Applies to

Indictment

The District Attorney must note on a non-substantive part of the indictment whether the defendant has other pending indicted cases, whether the indictment is a re-indictment, and the names of any unnamed co-defendants.

The District Attorney shall note on a non-substantive part of the indictment the following information: Whether there are other pending, indicted cases on the defendant; Whether the indictment is a re-indictment and; The names of any co-defendants not named in the indictment.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach this order to the original petition and every copy; if the Petitioner fails to do so, the Clerk must attach it.

The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the original 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.

CRITICAL

Applies to

Scheduling order

A scheduling order must be entered at arraignment and set discovery deadlines, the pretrial hearing, docket call, and trial date.

At arraignment, a scheduling order shall be entered setting discovery deadlines, dates of pretrial hearing, docket call and trial date.

CRITICAL

Applies to

Opposed motion or response

Must include

certificate of conference

Opposed motions and responses must include a Certificate of Conference stating the attempt to resolve the dispute, its date, and its method of communication, subject to any other court requirement.

Opposed motions and responses shall contain a Certificate of Conference indicating that the counsel involved have attempted to resolve the dispute prior to filing of the motion or response, the date of such attempt and the manner of communication of such an attempt, or any other requirement of the court.

CRITICALCivil cases

Applies to

List of parties and attorneys

The required pretrial materials include a list of parties, self-represented parties, and attorneys with correct names and addresses, including the correct representative's name and title for a business entity.

List of parties, self-represented parties, and attorneys, including correct names (and if a business entity, the correct representative name ana titte; and adJresses.

CRITICAL

Applies to

Unopposed motion

The heading of an unopposed motion must state that it is unopposed.

The heading of the motion shall state that it is unopposed.

CRITICAL

Applies to

Certificate of no bill

When a defendant is no-billed, the Foreperson must sign a Certificate of No-Bill certifying that the case was presented and a no-bill was returned.

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 indictment, a Certificate of No-Bill shall be signed by the Foreperson certifying that the case was presented to the Grand Jury and that a no-bill was returned.

CRITICAL

Applies to

Pleading

A party unable to provide the specified contact information must file a pleading requesting an exception.

Any party unable to provide such information above must file a pleading requesting an exception to this rule.

CRITICAL

Applies to

Written bond recommendation

The District Attorney must provide the clerk with a written recommended bond amount.

The District Attorney shall also furnish the clerk information in writing as to a recommended bond amount.

CRITICAL

Applies to

Grand jury minute book

For an affirmative true-bill vote, the Secretary must enter only the session date, defendant’s name, offense, and witnesses in the Minute Book; upon the District Attorney’s request, the defendant’s name may be delayed until the capias is served and the defendant is in custody or under bond.

When a true bill of indictment is voted in the affirmative by at least nine members of the Grand Jury, the following information shall be entered by the Secretary of the Grand Jury in the Grand Jury Minute Book, and nothing else, to wit: L the date ofthe session; 2. name of the person indicted; 3. offense; and 4. names of the witnesses upon which the indictment is founded If the defendant is not in custody or under bond at the time of the presentment of the indictment, upon request of the District Attorney, the entry of the name of the defendant in the book may be delayed until such time as the capias is served and the defendant is placed in custody or under bond, at which time the name of the defendant will be entered in the book by the District Clerk.

CRITICAL

Applies to

Pretrial filing

The parties must mediate before final trial and certify that mediation occurred.

The parties shall mediate before final trial and certify as such;

CRITICAL

Applies to

Setting request

Hearing and trial setting requests in the specified courts must be made in writing through the respective court coordinator.

Requests for hearings and trials in the 506h District Court and in the County Courts at Law Court shall be made in writing to each respective court through the court coordinator of each respective court

CRITICAL

Applies to

Proposed order

The proposed order on a continuance motion must provide a specific date and time for resetting the case for trial.

The proposed order granting or denying such motion shall contain a provision for resetting the case for trial on a specific date and time.

CRITICAL

Applies to

Notice to client

The client must receive notice of current deadlines and settings with the copy of the leave to withdraw.

A copy of the leave to withdraw shall be forwarded to client, along with notice of current deadlines and settings by certified mail.

CRITICAL

Applies to

Proposed order

A proposed order granting or denying a continuance must provide a specific date and time for resetting the trial.

The proposed order granting or denying such motion shall contain a provision for resetting the case for trial on a specific date and time.

CRITICALCivil cases

Applies to

Motions in limine

Motions in Limine must be included among the required pretrial materials.

Motions in Limine.

CRITICAL

Applies to

Motion and response

Must include

proposed order

Motions and responses must be written and accompanied by a 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.

CRITICALCivil cases

Applies to

Deposition excerpts or edited videotapes

For deposition excerpts or edited videotapes, designate the page and line in sequence to be used at trial.

Deposition Excerpts or Edited Videotapes. Designate the page and line in sequence to be used at trial.

CRITICAL

Applies to

Written information to clerk

The District Attorney must give the clerk written information stating whether the State will seek a non-standard bond and the supporting factors.

The District Attorney shall also furnish the clerk information in writing as to whether or not a non-standard bond will be sought by the State and the factors supporting same.