Waller County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Petition

If the Petitioner has not attached the order when filing the petition, the Clerk must ensure it is attached to the petition and every copy presented.

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

Motion or response

Must include

proposed order

Each motion and response must be accompanied by a proposed order granting or denying the relief sought.

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

CRITICAL

Applies to

Scheduling order

The scheduling order must be delivered to the defendant and counsel at arraignment and signed by the defendant, defense counsel, and counsel for the State.

Each court will adopt a scheduling order that shall be delivered to the defendant and counsel at arraignment. The defendant and his counsel and counsel for the state shall sign the scheduling order.

CRITICAL

Applies to

Summary judgment motion

A summary judgment motion must state its grounds and supporting facts in numerical order, identify the source and location of those facts in the evidence, and provide concise arguments, authorities, and specific evidentiary 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 found. 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

Scheduling order

The scheduling order must be delivered to the defendant and counsel at arraignment and signed by the defendant, defense counsel, and counsel for the State.

Each court will adopt a scheduling order that shall be delivered to the defendant and counsel at arraignment. The defendant and his counsel and counsel for the state shall sign the scheduling order.

CRITICAL

Applies to

Scheduling order

The defendant, defense counsel, and counsel for the State must sign the scheduling order.

The defendant and his counsel and counsel for the state shall sign the scheduling order.

CRITICAL

Applies to

Proposed order

A proposed order must be submitted as a separate instrument.

The proposed order shall be a separate instrument.

CRITICAL

Applies to

Rule 91a response

A Rule 91(a) response must follow the motion’s numerical order and identify the supporting law, facts, allegations, inferences, and pleading locations, with concise arguments, authorities, and specific references.

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

Notice of intention to dismiss

A copy of the notice of intention to dismiss must be filed with the case papers.

A copy of such notice shall be filed with the papers of the cause.

CRITICAL

Applies to

Motion

Counsel seeking to include additional matters in the Standing Discovery Order must file a motion.

should counsel desire that additional matters be included, a motion will be required.

CRITICAL

Applies to

Scheduling order

At arraignment, a scheduling order must set discovery deadlines and the dates for the pretrial hearing, docket call, and trial.

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

CRITICAL

Applies to

Grand jury minute book

For an affirmative true-bill vote by at least nine grand jurors, the Grand Jury Minute Book must contain only the session date, indicted person's name, offense, and names of the witnesses on whom the indictment is founded.

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: 1. the date of the session; 2. name of the person indicted; 3. offense; and 4. names of the witnesses upon which the indictment is founded.

CRITICAL

Applies to

Indictment

The District Attorney must note on a non-substantive part of the indictment any other pending indicted cases, whether it is a re-indictment, and 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.

CRITICAL

Applies to

Motion

Counsel seeking to include additional matters in the County Court at Law No. 2's Standing Order in Limine must file a motion.

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

CRITICAL

Applies to

Certificate of no bill

When fewer than nine affirmative votes are cast for a true bill, 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

Summary judgment response

A summary judgment response must follow the motion’s numerical order, state and locate its supporting facts in the evidence, and provide concise arguments, authorities, and specific evidentiary 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 appropriate citations to authorities relied upon and specific references to the summary judgment evidence.

CRITICAL

Applies to

Foreign adoption papers

Non-English foreign adoption papers must be filed with a translated copy or certified translation.

If the foreign papers are not in English, a translated copy or a certified translation must be filed along with it.

CRITICAL

Applies to

Agreed motion

An agreed motion must show the signatures of all counsel or pro se parties, and its heading must state that it is agreed.

Such matters must show the signatures of all counsel or pro se parties. The heading of the motion shall state that it is agreed.

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.

CRITICAL

Applies to

Arraignment waiver

The defendant must attend arraignment unless excused by the court or defense counsel files a written waiver before the arraignment date.

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.

CRITICALCivil cases

Applies to

Pretrial materials

The listed materials must also be brought to the Pretrial Hearing.

Pursuant to Rule 166 of the Texas Rules of Civil Procedure, the following items must be furnished to opposing counsel and self-represented parties at least five (5) workiig days - prior to the Pretrial Hearing (as scheduled by the Court), and brought with you to ihe hearing.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

A proposed order must be provided with a motion for default judgment.

Please provide your proposed order along with your Motion for Default Judgment.

CRITICAL

Applies to

Grand jury minute book

For a true bill, the Grand Jury Minute Book must contain only the session date, indicted person's name, offense, and names of the witnesses on which the indictment is founded.

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: 1. the date of the session; 2. name of the person indicted; 3. offense; and 4. names of the witnesses upon which the indictment is founded.

CRITICAL

Applies to

Written waiver of arraignment

The defendant must be present at arraignment unless the court excuses the defendant or defense counsel files a written waiver before the arraignment date.

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

Motion

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

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

Grand jury minute book

The fact of indictment presentment must be entered in the Grand Jury Minute Book.

Article 20.22 requires that the fact of presentment be entered upon the minutes of the court. The "minutes of the court" are contained in the Grand Jury Minute Book.

CRITICAL

Applies to

Indictment

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

CRITICAL

Applies to

Agreed motion

Fully agreed matters may be submitted without a hearing; the motion must include all counsel's or self-represented parties' signatures and state in its heading that it is agreed, and the Court will sign the order on presentment without a submission period.

All matters that may be submitted by agreement of all parties. On such fully agreed matters, the Court will sign the Order on presentment without a submission period. Such matters must show the signatures of all counsel or pro se parties. The heading of the motion shall state that it is agreed.

CRITICAL

Applies to

Proposed order on motion for continuance

A proposed order granting or denying 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

De novo hearing request

A request for a de novo hearing must identify the issues to be reconsidered with particularity.

In the request for a De Novo hearing, parties shall specify the issues to be reconsidered with particularity.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

A proposed order must accompany a motion for default judgment.

Please provide your proposed order along with your Motion for Default Judgment.

CRITICAL

Applies to

Jury instructions

Each party must prepare and present the specified jury-charge materials to the Court before trial or jury selection.

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.

CRITICAL

Applies to

Unopposed motion

A motion labeled unopposed may be submitted without a hearing, but counsel thereby certifies opposing counsel knows of and does not object to it, and the heading must say it is unopposed.

Matters that are labeled Unopposed, although not agreed, may be submitted to the Court without need of a hearing. 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. The Court will sign the Order on presentment after a 3-day submission period. The heading of the motion shall state that it is unopposed.

CRITICAL

Applies to

Summary judgment motion

A summary-judgment motion must list its grounds in numerical order and identify the supporting facts, sources, evidence locations, arguments, and authorities.

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 found. 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 to waive mediation

A party seeking a mediation waiver must file a written motion explaining why mediation is infeasible.

parties requesting a waiver of mediation must file a written Motion explaining why mediation is infeasible.

CRITICAL

Applies to

Unopposed motion

A motion labeled unopposed may be submitted without a hearing; counsel certifies that opposing counsel knows of and does not object to it, the heading must say it is unopposed, and the Court signs the order after a 3-day submission period.

Matters that are labeled Unopposed, although not agreed, may be submitted to the Court without need of a hearing. 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. The Court will sign the Order on presentment after a 3-day submission period. The heading of the motion shall state that it is unopposed.

CRITICAL

Applies to

Setting request

After a docket control order is approved, the parties must submit a setting request to the Court Coordinator for any trial setting.

Upon approval of a docket control order the parties shall submit a setting request to the Court Coordinator for any trial setting.

CRITICAL

Applies to

Jury charge

Each party must prepare and present before trial or jury selection the jury-charge definitions, instructions, and questions supported by the pleadings and evidence and subject to that party's affirmative burden.

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.

CRITICAL

Applies to

Opposed motion or response

Must include

certificate of conference

Opposed motions and responses must contain a Certificate of Conference stating the date and manner of counsel's attempt to resolve the dispute before filing, or otherwise satisfying the court's 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.

CRITICAL

Applies to

Motion or response

Must include

proposed order

Each motion and response must include 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.

CRITICAL

Applies to

Post conviction motion or application

The clerk must file a probation-revocation motion or post-conviction habeas application in the court that granted probation or entered judgment.

The clerk shall file any motion to revoke probation or any post-conviction application for writ of habeas corpus in the court having granted probation or entered the judgment in the case.

CRITICALCivil cases

Applies to

Exhibit list

An exhibit list is required, with copies for opposing counsel, the Court Reporter, and the Court.

Exhibit List. An exhibit Iist is required, with copies for opposing counsel, the Court Reporter and the Court.

CRITICAL

Applies to

Trial setting request

After approval of a docket control order, the parties must submit a setting request to the Court Coordinator for any trial setting.

Upon approval of a docket control order the parties shall submit a setting request to the Court Coordinator for any trial setting.

CRITICAL

Applies to

Scheduling order

Each court must adopt a scheduling order, deliver it to the defendant and counsel at arraignment, and obtain signatures from the defendant, defense counsel, and state counsel.

Each court will adopt a scheduling order that shall be delivered to the defendant and counsel at arraignment. The defendant and his counsel and counsel for the state shall sign the scheduling order.

CRITICAL

Applies to

Rule 91a motion

A Rule 91(a) motion must identify its legal or factual grounds, state the specified law or facts supporting those grounds, and provide concise arguments, authorities, and specific references to the pleadings and evidence.

The motion shall state either that that the cause of action should be dismissed on the grounds that it has no basis in law or fact or both. If claim is to dismiss on the grounds that there is no basis in law, the motion shall state the specific law that if the allegations, taken as true, together with inferences reasonably drawn from them, do not entitle the claimant to reliet sought. If claim is to dismiss on the grounds that there is no basis in law, the motion shall state the specific facts that show that no reasonable person could believe the facts that have been plead. The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the pleadings and evidence that show the Rule 91(a) motion should be granted.

CRITICAL

Applies to

Motion

A party seeking to appear by Zoom must file a written motion before the hearing that explains why the appearance is necessary.

Parties wishing to appear by Zoom must file a written motion prior to the hearing requesting such and documenting the reasons why it is necessary.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

A motion for default judgment must be accompanied by a proposed order.

Please provide your proposed order along with your Motion for Default Judgment.

CRITICAL

Applies to

Indictment

The Grand Jury foreperson must deliver indictments to the judge or District Clerk, with at least nine grand jury members present.

Article 20.21reqluires that the Foreperson of the Grand Jury shall deliver the indictments to the Judge or District Clerk and that at least nine members of the grand jury must be present when the delivery is made.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Motions requesting a hearing or affirmative relief must include a certificate of conference unless the motion is agreed to or unopposed.

A certificate of conference is required on all motions requesting a hearing and/or affirmative relief, except when agreed to or unopposed.

CRITICAL

Applies to

Judgment decree or order

A judgment, decree, or order that waives child support or sets it at zero or another nominal amount will be rejected.

If the judgement, decree, or order contains language waiving child support or agreeing to a child support amount of 0 dollars or some other nominal amount, it will be rejected.