Washington County Court at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements6 rules
The inventory or a summary attached thereto shall list the property values and liabilities in a columnar form with each column totaled.
The inventory or a summary attached thereto shall list the property values and liabilities in a columnar form with each column totaled.
When a suit is tried, three (3) copies of all inventories and supplemental inventories shall be available for use in trial.
The signature of a non-appearing pro se party will need to be notarized.
- Self-represented parties
Formatting
- •The signature of a non-appearing pro se party must be notarized
j. Whenever possible, all exhibits shall be pre-marked.
Whenever possible, all exhibits shall be pre-marked.
Document Filing Requirements66 rules
5.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition prior to filing the same with the District Clerk.
Each Setting Request shall be filed with the Clerk of the Court and shall specify: (a) the cause number and style of the case;
The notice shall clearly state that any party may either request a hearing or submit a written response on or before a specific submission date that is at least ten (10) days after service of such statement.
A setting request must state the nature of the hearing, trial, or ruling sought, identify each attorney or pro se party with contact information, and estimate the time required for both sides.
Court's wording
(b) the nature of the hearing, trial or ruling sought; (c) the name, address and telephone number of each attorney of record or party pro se; (d) the amount of time estimated by the requesting party to be required for such hearing for both sides. NOTE: each attorney or party must give careful attention to the amount of time requested, as other cases may be set at the conclusion of the estimated time.
d. A written Motion to Retain shall be filed by any party desiring to maintain the case on the docket setting forth good cause, together with a proposed Pre-Trial Order complying with Rule 165a (1) of the Texas Rules of Civil Procedure.
Counsel for each party will submit a proposed Charge of the Court, Witness List and List of Exhibits to the Court no later than noon on the Friday prior to the jury week for which the case is set for trial, unless an earlier time has been set by the court.
The document must be signed by the attorney or party pro se submitting the document.
All objections to the form or substance of a document submitted shall have the objecting party's proposed document for the Court's signature attached.
The attorney or self-represented party presenting an order in an uncontested matter must sign it.
Court's wording
All judgments and orders in uncontested matters (except cases which are settled on the hearing date) shall be presented at the time of hearing on such matters, except for good cause shown, and be signed by the attorney or party pro se presenting the order.
Each attorney shall submit a Proposed Property Division (form furnished by the Clerk, Court Coordinator or see Appendix for form) including property claimed or recognized as separate property, to the Court and opposing counsel not later than seven (7) days prior to the commencement of trial.
When a suit is tried, three (3) copies of all inventories and supplemental inventories shall be available for use in trial.
Each spouse must prepare a sworn inventory in property- or liability-division cases, subject to the stated Respondent exception.
Court's wording
In all cases requiring the division of property and/or liabilities, (except in cases where Respondent signs a Waiver of Citation and does not hire counsel), the Husband and Wife EACH shall file with the Court, or upon written mutual agreement exchange between themselves, sworn inventories within seventy-five (75) days of the date that the suit is filed.
All benefits arising from a party's employment (such as pensions, profit sharing plans, savings or thrift plans vested-unvested) shall be identified, and the last information furnished as to the employee's rights and monetary interest in such plans shall be incorporated into the inventory as an exhibit thereto.
The criteria for the cases that can be heard on an off-docket basis are: a. Uncontested with a Waiver of Citation and a making of a record, or b. An agreed decree, signed by both parties together with a written waiver of the making of a record. The signature of a non-appearing pro se party will need to be notarized.
Each inventory must state property values, detailed liability information, identify any claimed separate property or liability, and show the net worth of the community estate and any claimed separate estate.
Court's wording
Each inventory shall list the value of each item of property and shall list each liability, together with the total amount of the liability, the number of periodic payments in arrears, if any, the property securing its payment, and the name of the creditor. Any property or liability claimed to be separate must be identified as such. Each inventory shall show the net worth of the community estate and the net worth on any claimed separate estate.
In all divorce actions involving the custody of children, both Petitioner and Respondent shall attend the "For Kid's Sake" program at the direction of the Court prior to obtaining a setting on a final hearing. The Petitioner will attend the first session available after the filing of the divorce action, and Respondent will attend the following session.
Certificates of attendance for both the Petitioner and Respondent shall be filed with the Clerk prior to obtaining a setting of the final hearing.
Before an information or indictment is filed, the County Attorney's office must maintain custody of the listed originals; the prosecuting attorney collects original bonds, collects the completed Magistrate's Warning immediately after completion, and receives other case documents upon receipt.
Court's wording
The County Attorney's office is responsible for maintaining custody of the following original documents until an information or indictment has been filed: (a) Bonds. The prosecuting attorney shall collect original bonds from the arresting agencies. (b) Magistrate's Warning. The completed original Magistrate's Warning will be collected from the magistrate by the prosecuting attorney immediately after completion of the warning. (c) Other. Miscellaneous documents relating to the defendant's case (e.g., applications for probation, letters from attorneys, etc.) will be forwarded to the County Attorney upon receipt.
Miscellaneous documents relating to the defendant's case (e.g., applications for probation, letters from attorneys, etc.) will be forwarded to the County Attorney upon receipt.
Bonds. The prosecuting attorney shall collect original bonds from the arresting agencies.
Upon filing of the information or indictment, all of the above documents will be filed by the County Attorney with the County Clerk for placement in the Clerk's file.
The completed original Magistrate's Warning will be collected from the magistrate by the prosecuting attorney immediately after completion of the warning.
Immediately upon employment, the defense attorney shall give written notice thereof to the County Attorney and the Court Coordinator stating the name of the accused, the offense(s) charged and cause number, if known.
The arresting agency must give the defendant a Notice of Arraignment at arrest with a court date on a regularly scheduled criminal docket, 30–45 days after arrest, or 60–75 days after arrest for a DWI offense with a blood test.
Court's wording
The arresting agency shall give the defendant at the time of the arrest a Notice of Arraignment which shall have a date for the defendant to appear in court, which date is a regularly scheduled criminal docket day as it appears on the court's calendar. This date will be not less than thirty (30) but no more than forty five (45) days from the date of arrest. If the offense is Driving While Intoxicated, and a blood test was taken, then the arraignment date shall be set not less than sixty (60) days nor more than (75) days from the date of arrest.
If there are time limit restrictions as to Defense counsel's accepting a plea bargain recommendation from the State, such time limitation shall be noted somewhere in writing and initialed by counsel for both sides.
The defendant must appear at docket call, unless the defendant makes an announcement of "ready" for trial in writing not less than three (3) nor more than ten (10) days prior to docket call.
The court must receive relevant plea information, including the listed facts, conditions, witness input, payment schedule, and supervisory fees.
Court's wording
The Court must be provided with any relevant information, including but not limited to: (1) pertinent facts, restitution and personal property damage; (2) Special conditions of Probation, e.g. no contact and name and addresses of the victim; (3) Complaining witnesses input on assaultive cases, if any; (4) Fines and Court Costs payment schedule, if any, must be fully out in the Judgment; (5) All supervisory fees, with first payment due on the date of plea;
All pleas must be ready with a proposed judgment filled out and presented to the court at the time of the plea.
A Motion to Withdraw will not be considered by the Court unless it includes a certificate of the client's last known address.
No attorney of record may withdraw from any case without presenting a Motion to Withdraw and obtaining from the Court an order granting leave to withdraw.
IT IS FURTHER ORDERED that certificates of attendance for both parents shall be filed with the District Clerk prior to the final hearing.
5 .1 Th etition r hall atta h a cop of thi ord r to th original petition and to a h cop of th p tition prior to filing the sam with the Di trict Clerk.
The notice shall clearly state that any party may either request a hearing or submit a written response on or before a specific submission date that is at least ten (10) days after service of such statement.
A party or attorney may obtain a contested-proceeding setting by requesting an agreed setting from the Court Coordinator or filing a Setting Request; each request must be filed with the Clerk and identify the cause number and case style.
Court's wording
A party or attorney of record may obtain a setting of any contested proceeding by, (a) requesting an agreed setting from the Court Coordinator, or, (b) filing a Setting Request (furnished by the Clerk, Court Coordinator, or in a form substantially similar to the form in Appendix). Each Setting Request shall be filed with the Clerk of the Court and shall specify: (a) the cause number and style of the case;
(b) the nature of the hearing, trial or ruling sought; (c) the name, address and telephone number of each attorney of record or party prose; (d) the amount of time estimated by the requesting party to be required for such hearing for both sides.
No Civil case shall be set for a jury trial unless a jury setting request is filed and the proper jury fee is paid not later than ten (10) calendar days after the date the Notice of Setting for bench trial is mailed by the Court Coordinator, or scheduled in open court.
A written Motion to Retain shall be filed by any party desiring to maintain the case on the docket setting forth good cause, together with a proposed Pre-Trial Order complying with Rule 165a (1) of the Texas Rules of Civil Procedure.
The document must be signed by the attorney or party pro se submitting the document.
All objections to the form or substance of a document submitted shall have the objecting party's proposed document for the Court's signature attached.
Counsel for each party will submit a proposed Charge of the Court, Witness List and List of Exhibits to the Court no later than noon on the Friday prior to the jury week for which the case is set for trial, unless an earlier time has been set by the court.
All judgments and orders in uncontested matters (except cases which are settled on the hearing date) shall be presented at the time of hearing on such matters, except for good cause shown, and be signed by the attorney or party pro se presenting the order.
Each attorney shall submit a Proposed Property Division (form furnished by the Clerk, Court Coordinator or see Appendix for form) including property claimed or recognized as separate property, to the Court and opposing counsel not later than seven (7) days prior to the commencement of trial.
Parties must supplement all inventories from the date of the original inventory through the day of trial.
Each inventory must itemize property and liabilities with the specified details, identify claimed separate property or liabilities and employment benefits, include the latest plan information as an exhibit, and show the net worth of the community and any claimed separate estate.
Court's wording
Each inventory shall list the value of each item of property and shall list each liability, together with the total amount of the liability, the number of periodic payments in arrears, if any, the property securing its payment, and the name of the creditor. Any property or liability claimed to be separate must be identified as such. All benefits arising from a party's employment (such as pensions, profit sharing plans, savings or thrift plans vested-unvested) shall be identified, and the last information furnished as to the employee's rights and monetary interest in such plans shall be incorporated into the inventory as an exhibit thereto. The inventory or a summary attached thereto shall list the property values and liabilities in a columnar form with each column totaled. Each inventory shall show the net worth of the community estate and the net worth on any claimed separate estate.
Certificates of attendance for both the Petitioner and Respondent shall be filed with the Clerk prior to obtaining a setting of the final hearing.
Upon filing of the information or indictment, all of the above documents will be filed by the County Attorney with the County Clerk for placement in the Clerk's file.
The arresting agency shall give the defendant at the time of the arrest a Notice of Arraignment which shall have a date for the defendant to appear in court, which date is a regularly scheduled criminal docket day as it appears on the court's calendar.
Immediately upon employment, the defense attorney shall give written notice thereof to the County Attorney and the Court Coordinator stating the name of the accused, the offense(s) charged and cause number, if known.
The defendant must appear at docket call, unless the defendant makes an announcement of "ready" for trial in writing not less than three (3) nor more than ten (10) days prior to docket call.
- Document
- Trial readiness announcement
Must include
- •Ready
If there are time limit restrictions as to Defense counsel's accepting a plea bargain recommendation from the State, such time limitation shall be noted somewhere in writing and initialed by counsel for both sides.
All pleas must be ready with a proposed judgment filled out and presented to the court at the time of the plea.
The court must receive relevant plea information, including the listed facts, probation conditions, witness input, payment schedules, and supervisory fees.
Court's wording
The Court must be provided with any relevant information, including but not limited to: (1) pertinent facts, restitution and personal property damage; (2) Special conditions of Probation, e.g. no contact and name and addresses of the victim; (3) Complaining witnesses input on assaultive cases, if any; (4) Fines and Court Costs payment schedule, if any, must be fully out in the Judgment; (5) All supervisory fees, with first payment due on the date of plea;
A Motion to Withdraw will not be considered by the Court unless it includes a certificate of the client's last known address.
No attorney of record may withdraw from any case without presenting a Motion to Withdraw and obtaining from the Court an order granting leave to withdraw.
Upon receipt of a signed certificate setting forth the nature and extent of the conflict and with the approval of the Court, the Court Coordinator may reset such cause to another tentative date or time.
The parties may agree to switch the dates among themselves to attend theiFor Kid's Saket program only by an agreement in writing filed with the District Clerk prior to the beginning of the first session.
f. The court will consider a request to record or photograph, but the request must be in writing and prior to the day of any hearing.
Upon receipt of a signed certificate setting forth the nature and extent of the conflict and with the approval of the Court, the Court Coordinator may reset such cause to another tentative date or time.
The Notice of Setting shall state the date, hour, nature of the trial or hearing set, and the allotted time.
The criteria for the cases that can be heard on an off-docket basis are: a. Uncontested with a Waiver of Citation and a making of a record, or b. An agreed decree, signed by both parties together with a written waiver of the making of a record.
The County Attorney's office is responsible for maintaining custody of the following original documents until an information or indictment has been filed:
The completed original Magistrate's Warning will be collected from the magistrate by the prosecuting attorney immediately after completion of the warning.
Bonds. The prosecuting attorney shall collect original bonds from the arresting agencies.
Miscellaneous documents relating to the defendant's case (e.g., applications for probation, letters from attorneys, etc.) will be forwarded to the County Attorney upon receipt.
Filing & Service rules
Filing Timing and Cure Windows
The specified submission date for requesting a hearing or submitting a written response must be at least ten days after service of the notice.
The notice shall clearly state that any party may either request a hearing or submit a written response on or before a specific submission date that is at least ten (10) days after service of such statement.
Page 4 | 1.11 Request for Settings - Non-Jury; a. Submission for Ruling Without Hearing
No Civil case shall be set for a jury trial unless a jury setting request is filed and the proper jury fee is paid not later than ten (10) calendar days after the date the Notice of Setting for bench trial is mailed by the Court Coordinator, or scheduled in open court.
No Civil case shall be set for a jury trial unless a jury setting request is filed and the proper jury fee is paid not later than ten (10) calendar days after the date the Notice of Setting for bench trial is mailed by the Court Coordinator, or scheduled in open court.
Page 6 | 1.13 Jury Fee and Jury Demand
Written objections to the document must be received by the Court Coordinator within ten calendar days after receipt of the original; otherwise, the Coordinator submits it for signature.
If no written objection is received by the Court Coordinator within ten (10) calendar days after the original was received, the Court Coordinator shall submit the document to the Court for signature.
Page 7 | 1.17 Submission of Orders, Judgments and Instruments
In uncontested matters, judgments and orders must be presented at the hearing and signed by the presenting attorney or self-represented party, except for cases settled on the hearing date or when good cause is shown.
All judgments and orders in uncontested matters (except cases which are settled on the hearing date) shall be presented at the time of hearing on such matters, except for good cause shown, and be signed by the attorney or party pro se presenting the order.
Page 7 | 1.17 Submission of Orders, Judgments and Instruments
If no proposed order or judgment is received within five days after written notice is mailed or faxed, the Coordinator presents an order of dismissal with prejudice, and the Court may tax costs.
If no proposed order or judgment is received within five (5) days from the date written notice is mailed or faxed, the Court Coordinator shall present an Order of Dismissal with prejudice to the Court and costs may be taxed in the Court's discretion.
Page 7 | 1.17 Submission of Orders, Judgments and Instruments
A proposed judgment or order finally disposing of a case is due within ten days after the Court’s decision; if it has not been received, the Coordinator sends counsel written notice.
If the Court Coordinator has not received a proposed judgment or order finally disposing of a case within ten (10) days after decision by the Court, the Court coordinator shall send written notice of the lack of a proposed order to counsel.
Page 7 | 1.17 Submission of Orders, Judgments and Instruments
The attorney directed to prepare an order or other document must prepare it within ten days after the ruling.
After a ruling, the attorney directed shall prepare within ten (10) days the form of the document to be entered.
Page 7 | 1.17 Submission of Orders, Judgments and Instruments
The proposed charge, witness list, and exhibit list are due by noon on the Friday before the jury week, unless the court sets an earlier deadline.
Counsel for each party will submit a proposed Charge of the Court, Witness List and List of Exhibits to the Court no later than noon on the Friday prior to the jury week for which the case is set for trial, unless an earlier time has been set by the court.
Page 7 | Rule 1. Civil Cases
The Proposed Property Division must be submitted to the Court and opposing counsel no later than seven days before trial.
Each attorney shall submit a Proposed Property Division (form furnished by the Clerk, Court Coordinator or see Appendix for form) including property claimed or recognized as separate property, to the Court and opposing counsel not later than seven (7) days prior to the commencement of trial.
Page 8 | 2.12 Disposition Proposals
The written mutual agreement extending the inventory period must be filed within 75 days after suit is filed.
The seventy-five (75) day period may be extended upon written mutual agreement of the parties and/or their attorneys filed with the Court within seventy-five (75) days of the date the suit is filed.
Page 9 | 2.14 Financial Information Statements
Parties must supplement all inventories through the day of trial, beginning from the date of the original inventory.
Parties must supplement all inventories from the date of the original inventory through the day of trial.
Page 9 | 2.14 Financial Information Statements
In property- or liability-division cases, each spouse must file or mutually agree in writing to exchange a sworn inventory within 75 days after suit is filed, except when the Respondent signs a Waiver of Citation and does not hire counsel.
In all cases requiring the division of property and/or liabilities, (except in cases where Respondent signs a Waiver of Citation and does not hire counsel), the Husband and Wife EACH shall file with the Court, or upon written mutual agreement exchange between themselves, sworn inventories within seventy-five (75) days of the date that the suit is filed.
Page 9 | 2.14 Financial Information Statements
At the first non-trial setting, attorneys may reset a case for a motions setting at least 10 days later, by which time all Article 28.01 motions must be timely filed.
a. First Setting: At this Non-trial setting, attorneys may reset the case for the next court date (not less than 10 days) for MOTIONS settings-by which time all Article 28.01 motions must be timely filed; or, can reset case for Plea, or Trial, or MOTH, i.e., a Motion to Suppress Hearing where the Court's ruling thereon will be dispositive of the case.
Page 11 | 3.13 Case Flow Scheduling
If the County Attorney chooses to file the case, the Complaint and Information must be filed with the County Clerk as soon as practicable.
The County Attorney must file the Complaint and Information with the County Clerk, if he chooses to file the case, as soon as is practicable.
Page 11 | 3.11 Filing of Cases
The written readiness announcement must be made no less than 3 and no more than 10 days before docket call to excuse the defendant's appearance.
The defendant must appear at docket call, unless the defendant makes an announcement of "ready" for trial in writing not less than three (3) nor more than ten (10) days prior to docket call.
Page 12 | 3.15 Docket Call
The certificates of attendance must be filed before the final hearing.
IT IS FURTHER ORDERED that certificates of attendance for both parents shall be filed with the District Clerk prior to the final hearing.
Civil cases
Page 1 | STANDING ORDER, "KIDS FIRST" PROGRAM
This order takes effect when the original petition is filed, remains a temporary restraining order for 14 days, and continues as a temporary injunction if no party contests it at a requested hearing held by then; it terminates upon entry of a final court order.
5 .2 Thi ord r i ffi cti up n th filing f th original petition and shall r main in full fi re and ffi t as a mporary R training rd r for fi urt n 1 da f th filing of th riginal p tition. If no party cont • rd r b presenting vid n at a hearing r qu t d and h rd nor b fi r fourt n 14 da aft r th dat the original p titi n i fil d this ord r hall continu in full £ rce and effi ct as a T mp rary Injunction until modified b further order of th ourt. hi rd r will t nninate and n 1 ng r b ffi cti up n renditi n of a final ord r b th ourt.
Civil cases
Page 4 | Service and Application of This Order
The submission date stated in the notice must be at least ten days after the statement is served.
The notice shall clearly state that any party may either request a hearing or submit a written response on or before a specific submission date that is at least ten (10) days after service of such statement.
Page 4 | 1.11 Request for Settings - Non-Jury, a. Submission for Ruling Without Hearing
A party must show good cause as required in the notice to avoid dismissal on or after the date stated in the notice.
Unless good cause is shown as required in the notice, such cases will be dismissed on or after the date stated therein.
Page 6 | 1.15 Dismissal Docket; Involuntary Dismissal
A civil jury trial requires a filed jury setting request and payment of the proper jury fee no later than ten calendar days after the bench-trial Notice of Setting is mailed, or by the date scheduled in open court.
No Civil case shall be set for a jury trial unless a jury setting request is filed and the proper jury fee is paid not later than ten (10) calendar days after the date the Notice of Setting for bench trial is mailed by the Court Coordinator, or scheduled in open court.
Page 6 | 1.13 Jury Fee and Jury Demand
If the Court Coordinator does not receive a proposed final judgment or order within ten days after the Court's decision, the Coordinator must notify counsel in writing.
If the Court Coordinator has not received a proposed judgment or order finally disposing of a case within ten (10) days after decision by the Court, the Court coordinator shall send written notice of the lack of a proposed order to counsel.
Page 7 | 1.17 Submission of Orders, Judgments and Instruments
Judgments and orders in uncontested matters must be presented at the hearing, except for cases settled on the hearing date or when good cause is shown.
All judgments and orders in uncontested matters (except cases which are settled on the hearing date) shall be presented at the time of hearing on such matters, except for good cause shown, and be signed by the attorney or party pro se presenting the order.
Page 7 | 1.17 Submission of Orders, Judgments and Instruments
The attorney directed to prepare an order or other document must prepare its form within ten days after the ruling.
After a ruling, the attorney directed shall prepare within ten (10) days the form of the document to be entered.
Page 7 | 1.17 Submission of Orders, Judgments and Instruments
If no proposed order or judgment is received within five days after written notice is mailed or faxed, the Coordinator must present an order dismissing the case with prejudice; costs may also be taxed at the Court's discretion.
If no proposed order or judgment is received within five (5) days from the date written notice is mailed or faxed, the Court Coordinator shall present an Order of Dismissal with prejudice to the Court and costs may be taxed in the Court's discretion.
Page 7 | 1.17 Submission of Orders, Judgments and Instruments
The proposed charge, witness list, and exhibit list are due by noon on the Friday before jury week, unless the court sets an earlier deadline.
Counsel for each party will submit a proposed Charge of the Court, Witness List and List of Exhibits to the Court no later than noon on the Friday prior to the jury week for which the case is set for trial, unless an earlier time has been set by the court.
Page 7 | Civil Cases
A written objection must be received by the Court Coordinator within ten calendar days after the original is received; otherwise, the Coordinator submits the document to the Court for signature.
If no written objection is received by the Court Coordinator within ten (10) calendar days after the original was received, the Court Coordinator shall submit the document to the Court for signature.
Page 7 | 1.17 Submission of Orders, Judgments and Instruments
The Proposed Property Division must be submitted to the Court and opposing counsel no later than seven days before trial begins.
Each attorney shall submit a Proposed Property Division (form furnished by the Clerk, Court Coordinator or see Appendix for form) including property claimed or recognized as separate property, to the Court and opposing counsel not later than seven (7) days prior to the commencement of trial.
Page 8 | 2.12 Disposition Proposals
In property-division cases, each spouse must file or mutually agree to exchange a sworn inventory within 75 days after suit is filed, except when the respondent signs a Waiver of Citation and does not hire counsel.
In all cases requiring the division of property and/or liabilities, (except in cases where Respondent signs a Waiver of Citation and does not hire counsel), the Husband and Wife EACH shall file with the Court, or upon written mutual agreement exchange between themselves, sworn inventories within seventy-five (75) days of the date that the suit is filed.
Page 9 | 2.14 Financial Information Statements
If the County Attorney chooses to file the case, the Complaint and Information must be filed with the County Clerk as soon as practicable.
The County Attorney must file the Complaint and Information with the County Clerk, if he chooses to file the case, as soon as is practicable.
Page 11 | 3.11 Filing of Cases
For a Driving While Intoxicated offense involving a blood test, the arraignment date must be set 60 to 75 days after arrest.
If the offense is Driving While Intoxicated, and a blood test was taken, then the arraignment date shall be set not less than sixty (60) days nor more than (75) days from the date of arrest.
Page 11 | 3.11 Filing of Cases
At the first non-trial setting, attorneys may reset the case for a motions setting at least 10 days later, and all Article 28.01 motions must be timely filed by that setting.
At this Non-trial setting, attorneys may reset the case for the next court date (not less than 10 days) for MOTIONS settings-by which time all Article 28.01 motions must be timely filed;
Page 11 | 3.13 Case Flow Scheduling
This date will be not less than thirty (30) but no more than forty five (45) days from the date of arrest.
This date will be not less than thirty (30) but no more than forty five (45) days from the date of arrest.
Page 11 | 3.11 Filing of Cases
The written trial-readiness announcement must be made no less than 3 days and no more than 10 days before docket call.
The defendant must appear at docket call, unless the defendant makes an announcement of "ready" for trial in writing not less than three (3) nor more than ten (10) days prior to docket call.
Page 12 | 3.15 Docket Call
The setting becomes final after the ten-day tentative period expires.
After the expiration of the ten (10) day period specified above, the setting shall become final.
Page 5
A setting remains tentative for ten calendar days after the Notice of Setting is mailed, and an attorney may notify the Court Coordinator of a scheduling conflict during that period.
(4) The setting specified in the Notice of Setting shall remain tentative for a period of ten (10) calendar days after the same is mailed by the Court Coordinator. During such period, any attorney may notify the Court Coordinator of a conflict of settings or other scheduling conflict.
Page 5
Service and Proof of Service Rules
The filer must mail or deliver a copy of the setting request to all attorneys of record and pro se parties.
(2) The attorney or party filing the setting request shall mail or deliver to all attorneys of record and all parties pro se in the case a copy of the setting request. The original setting request shall be retained with the original papers in the Court's file.
Page 5
When required by the rules or applicable law, the requesting party must notify all attorneys of record and pro se parties of the hearing setting.
The requesting party shall, when required by these rules or other applicable law, notify all attorneys of record or parties pro se of such setting.
Page 5 | 1.12 Disposition of Uncontested Matters
On the date the document is mailed or presented to the Court Coordinator, a duplicate must be mailed or delivered to opposing counsel and self-represented parties so they can approve or object to its form or consistency with the ruling, not reargue the merits.
On the same date the document is mailed or presented to the Court Coordinator, a duplicate of the document shall be mailed or delivered to opposing counsel and parties pro se to provide an opportunity to approve or object to the form of the document or that the document is inconsistent with the Court's ruling (i.e., not a reargument of the merits).
Page 7 | 1.17 Submission of Orders, Judgments and Instruments
Each attorney must provide the Proposed Property Division to opposing counsel by the same deadline that it is submitted to the Court.
Each attorney shall submit a Proposed Property Division (form furnished by the Clerk, Court Coordinator or see Appendix for form) including property claimed or recognized as separate property, to the Court and opposing counsel not later than seven (7) days prior to the commencement of trial.
Page 8 | 2.12 Disposition Proposals
Attorneys of record or pro se parties must be notified of the setting as required by these rules or other applicable law.
by these rules or other applicable law, notify all attorneys of record or parties pro se of such setting.
Page 9 | Family Law Cases
If the client has not consented in writing, the attorney must send the client by certified mail copies of the withdrawal motion and the request for setting or notice of submission without a hearing.
If withdrawal is without the written consent of the client, the withdrawing attorney shall forward to his client by certified mail a copy of his or her motion to withdraw and a copy of the request for setting or notice of submission without a hearing.
Page 15 | 4.11 Withdrawal of Counsel
A copy of the withdrawal motion and the request for setting or notice of submission without a hearing must be delivered or mailed to opposing counsel.
A copy of the motion to withdraw and request for setting or notice of submission without a hearing shall be delivered or mailed to any opposing counsel.
Page 15 | 4.11 Withdrawal of Counsel
A copy of the order granting leave to withdraw must be sent to opposing counsel.
A copy of the order shall then be sent to opposing counsel.
Page 15 | 4.11 Withdrawal of Counsel
After leave to withdraw is granted, the attorney must send the client a copy of the order by certified mail.
After leave is granted, the withdrawing attorney shall send the client a copy of the order granting leave to withdraw by certified mail.
Page 15 | 4.11 Withdrawal of Counsel
The filer must mail or deliver a copy of the setting request to all attorneys and pro se parties, and the original must remain with the Court's original papers.
(2) The attorney or party filing the setting request shall mail or deliver to all attorneys of record and all parties pro se in the case a copy of the setting request. The original setting request shall be retained with the original papers in the Court's file.
Page 5
When the document is mailed or presented to the Court Coordinator, a duplicate must be mailed or delivered to opposing counsel and pro se parties that same date so they can approve or object to its form or consistency with the ruling.
On the same date the document is mailed or presented to the Court Coordinator, a duplicate of the document shall be mailed or delivered to opposing counsel and parties pro se to provide an opportunity to approve or object to the form of the document or that the document is inconsistent with the Court's ruling (i.e., not a reargument of the merits).
Page 7 | 1.17 Submission of Orders, Judgments and Instruments
Each attorney must provide the Proposed Property Division to opposing counsel as well as the Court.
Each attorney shall submit a Proposed Property Division (form furnished by the Clerk, Court Coordinator or see Appendix for form) including property claimed or recognized as separate property, to the Court and opposing counsel not later than seven (7) days prior to the commencement of trial.
Page 8 | 2.12 Disposition Proposals
Without the client's written consent, the withdrawing attorney must send the client by certified mail copies of the motion and the request for setting or notice of submission without a hearing.
If withdrawal is without the written consent of the client, the withdrawing attorney shall forward to his client by certified mail a copy of his -of her motion to withdraw and a copy of the request for setting or notice of submission without a hearing.
Page 15 | 4.11 Withdrawal of Counsel
A copy of the motion and the request for setting or notice of submission without a hearing must be delivered or mailed to opposing counsel.
A copy of the motion to withdraw and request for setting or notice of submission without a hearing shall be delivered or mailed to any opposing counsel.
Page 15 | 4.11 Withdrawal of Counsel
A copy of the order granting leave to withdraw must be sent to opposing counsel.
A copy of the order shall then be sent to opposing counsel.
Page 15 | 4.11 Withdrawal of Counsel
After leave to withdraw is granted, the attorney must send the client a copy of the order by certified mail.
After leave is granted, the withdrawing attorney shall send the client a copy of the order granting leave to withdraw by certified mail.
Page 15 | 4.11 Withdrawal of Counsel
When these rules or other applicable law require notice, the requesting party must notify all attorneys of record and pro se parties of the setting.
The requesting party shall, when required by these rules or other applicable law, notify all attorneys of record or parties pro se of such setting.
Page 5 | 1.12 Disposition of Uncontested Matters
The Court Coordinator must mail a Notice of Setting to each attorney and pro se party at the address listed on the Setting Request.
(3) The Court Coordinator shall mail a Notice of Setting to each attorney of record and party pro se at the address shown on the Setting Request.
Page 5
Notice of an intention to dismiss must be given under Texas Rule of Civil Procedure 165a to attorneys and pro se parties whose addresses appear on the docket or in the case papers.
Notice of intention to dismiss shall be given in accordance with Rule 165a of the Texas Rules of Civil Procedure to all attorneys of record and parties pro se whose addresses are shown on the docket or in the papers on file.
Page 6 | 1.15 Dismissal Docket; Involuntary Dismissal
Postcard notification of a dismissal order must be provided as prescribed by Texas Rule of Civil Procedure 306a.
Postcard notification of the dismissal order shall be as provided in Rule 306a of the Texas Rules of Civil Procedure.
Page 6 | 1.15 Dismissal Docket; Involuntary Dismissal
After a matter is filed, the movant or the Court may give notice of submission to all attorneys of record and pro se parties.
Upon the filing of any matter, the movant or the Court may give notice to all attorneys of record and parties pro se that the matter will be submitted to the Court for a ruling without any hearing.
Page 4 | 1.11 Request for Settings - Non-Jury, a. Submission for Ruling Without Hearing
Filing Fees and Waivers
No Civil case shall be set for a jury trial unless a jury setting request is filed and the proper jury fee is paid not later than ten (10) calendar days after the date the Notice of Setting for bench trial is mailed by the Court Coordinator, or scheduled in open court.
No Civil case shall be set for a jury trial unless a jury setting request is filed and the proper jury fee is paid not later than ten (10) calendar days after the date the Notice of Setting for bench trial is mailed by the Court Coordinator, or scheduled in open court.
Page 6 | 1.13 Jury Fee and Jury Demand
The proper jury fee must be paid to obtain a civil jury trial setting.
No Civil case shall be set for a jury trial unless a jury setting request is filed and the proper jury fee is paid not later than ten (10) calendar days after the date the Notice of Setting for bench trial is mailed by the Court Coordinator, or scheduled in open court.
Page 6 | 1.13 Jury Fee and Jury Demand
The program session costs $45.00, payable by money order or cashier's check.
The total fee for the session is $45.00 payable in money order or cashiers check.
Civil cases
Page 1 | Program Registration and Attendance Information
Pre-Motion Conference Requirements
If the parties cannot agree on temporary orders, both must participate in mediation before requesting a hearing; they may agree on a mediator or the Court may appoint one.
7. MEDIATION ON TEMPORARY ORDERS. The parties are encouraged to settle their disputes amicably without the necessity of court intervention. The Court recognizes the personal and emotional nature of family cases, and that family law matters sometimes require that certain temporary decisions be made while the case is pending. These decisions may be made by agreement of the parties or by the judge after a formal hearing. If the parties are unable to reach an agreement both parties are ORDERED to participate in "mediation." This mediation must be conducted before requesting a hearing. (The coordinator will not set a hearing if there has been no attempt to mediate.) The parties may agree on a person to serve as the mediator in their case. If the parties cannot agree on a mediator, the Court may appoint a mediator.
Civil cases
Page 5 | MEDIATION ON TEMPORARY ORDERS
Before trial, each attorney or self-represented party must confer with the other attorneys or self-represented parties about settlement, stipulations, trial logistics, and the listed contested issues.
a. To expedite disposition, each attorney (or pro se party) shall confer, prior to trial, with each other attorney (or pro se party) regarding settlement, stipulations, estimated time of trial, waiver of jury, the extent, description, character and value of the property in question, amount of support, amount of monthly income, conservatorship, periods of possession and/or access, rights, duties and powers of the conservators, and any other contested issues.
Page 8 | 2.12 Disposition Proposals
If the parties cannot agree, they must participate in mediation before requesting a hearing, and the coordinator will not set a hearing without an attempt to mediate.
If th parti ar unable to reach an agreement both partie are RDJ..J. . to participate in ·mediati n. ' Thi , A..J.1./ m diation mu t b ndu t d befor r que ting a hearing. (Th coordinator will n t t a h aring if th re ha b n n att mpt to mediat .
Civil cases
Page 5 | Mediation of Temporary Orders
Adjournment & Extension Requirements
A setting may be passed only by a qualifying settlement agreement, a written agreement of all parties approved by the Court, or a motion for continuance granted by the Court.
No setting may be passed except by: a. A settlement agreement announced in open court or in writing complying with Rule 11 of the Texas Rules of Civil Procedure; b. Written agreement of all parties with court's approval; or c. A motion for continuance granted by the Court.
Page 6 | 1.14 Resettings
An agreement to continue, reset, or postpone a setting is not effective unless the court approves it.
No agreement by the attorneys to continue, reset or postpone any setting shall be effective unless approved by the Court.
Page 14 | 3.18 Continuance/Resetting/Postponements
A setting may be passed only by a Rule 11-compliant settlement agreement announced in open court or in writing, a written agreement of all parties approved by the Court, or a continuance granted by the Court.
No setting may be passed except by: a. A settlement agreement announced in open court or in writing complying with Rule 11 of the Texas Rules of Civil Procedure; b. Written agreement of all parties with court's approval; or c. A motion for continuance granted by the Court.
Page 6 | 1.14 Resettings
The inventory deadline may be extended by written mutual agreement filed with the Court within 75 days after suit is filed.
The seventy-five (75) day period may be extended upon written mutual agreement of the parties and/or their attorneys filed with the Court within seventy-five (75) days of the date the suit is filed.
Page 9 | 2.14 Financial Information Statements
An attorneys' agreement to continue, reset, or postpone a setting is ineffective unless the court approves it.
No agreement by the attorneys to continue, reset or postpone any setting shall be effective unless approved by the Court.
Page 14 | 3.18 Continuance/Resetting/Postponements
A party who did not receive timely notice may move for a continuance if the requester inaccurately stated opposing counsel’s or a pro se party’s name or address.
Failure of the requesting attorney or party pro se to accurately state the names and addresses of opposing counsel or party pro se shall be grounds for a continuance on the motion of an attorney of record or party pro se who did not receive the Notice of Setting within a reasonable time prior to the hearing date.
Page 5
For good cause, the Court may change the deadlines for preparing and filing a document and objections.
For good cause the Court may change the deadline for preparation and filing of a document and objections.
Page 7 | 1.17 Submission of Orders, Judgments and Instruments
The 75-day inventory period may be extended if the parties and/or their attorneys mutually agree in writing and file the agreement with the Court within 75 days after suit is filed.
The seventy-five (75) day period may be extended upon written mutual agreement of the parties and/or their attorneys filed with the Court within seventy-five (75) days of the date the suit is filed.
Page 9 | 2.14 Financial Information Statements
Counsel may file an agreed reset for court approval.
Counsel may file an agreed reset for approval by the Court,
Page 16 | 4.12 Attorney Vacations
Counsel may seek a continuance by motion and must obtain a court ruling.
or file a motion for continuance and obtain a ruling by the Court.
Page 16 | 4.12 Attorney Vacations
A continuance may be granted on motion when inaccurate opposing-party contact information causes an attorney or pro se party not to receive the Notice of Setting within a reasonable time before the hearing.
Failure of the requesting attorney or party pro se to accurately state the names and addresses of opposing counsel or party pro se shall be grounds for a continuance on the motion of an attorney of record or party pro se who did not receive the Notice of Setting within a reasonable time prior to the hearing date.
Page 5
The Court may change the preparation and filing deadlines for a document and objections for good cause.
For good cause the Court may change the deadline for preparation and filing of a document and objections.
Page 7 | 1.17 Submission of Orders, Judgments and Instruments
At the second setting, a plea may be reset for up to four weeks if the plea recommendations are in writing and signed by the County Attorney, defendant, and defense attorney.
(3) reset for PLEA, up to four (4) weeks, if plea recommendations have been reduced to writing and signed by County Attorney, defendant and his/her attorney; or
Page 12 | 3.13 Case Flow Scheduling
Counsel may seek to reset a setting by filing an agreed reset for court approval or a motion for continuance and obtaining a court ruling.
Counsel may file an agreed reset for approval by the Court, or file a motion for continuance and obtain a ruling by the Court.
Page 16 | 4.12 Attorney Vacations
Chambers Communication Rules
In criminal cases, a hearing must be set with the court coordinator unless the client has consented in writing.
Unless the client has consented in writing, a hearing must be set with the court coordinator in criminal cases.
Page 15 | 4.11 Withdrawal of Counsel
In criminal cases, a hearing must be set with the court coordinator unless the client has consented in writing.
Unless the client has consented in writing, a hearing must be set with the court coordinator in criminal cases.
Page 15 | 4.11 Withdrawal of Counsel
If an attorney already has a setting when filing a vacation notice, the attorney must notify opposing counsel and the court coordinator of the conflict.
In the event an attorney already has a setting at the time the vacation notice is filed, it shall be the attorney's responsibility to notify opposing counsel and the court coordinator of the conflict.
Page 16 | 4.12 Attorney Vacations
An attorney may notify the Court Coordinator of a scheduling conflict during the ten calendar days after the Notice of Setting is mailed; the setting becomes final after that period.
The setting specified in the Notice of Setting shall remain tentative for a period of ten (10) calendar days after the same is mailed by the Court Coordinator. During such period, any attorney may notify the Court Coordinator of a conflict of settings or other scheduling conflict. Upon receipt of a signed certificate setting forth the nature and extent of the conflict and with the approval of the Court, the Court Coordinator may reset such cause to another tentative date or time. After the expiration of the ten (10) day period specified above, the setting shall become final.
Page 5
In the event a bonafide emergency exists or a matter requires special attention and the judge of the court where the case is pending is unavailable, the attorney or party seeking relief shall contact any judge who has jurisdiction and the judge can consider the matter, but the case shall remain in the court originally filed.
In the event a bonafide emergency exists or a matter requires special attention and the judge of the court where the case is pending is unavailable, the attorney or party seeking relief shall contact any judge who has jurisdiction and the judge can consider the matter, but the case shall remain in the court originally filed.
Page 8 | 2.11 Ancillary Proceedings, Temporary Orders, and Emergency Matters
If an attorney already has a setting when filing a vacation notice, the attorney must notify opposing counsel and the court coordinator of the conflict.
In the event an attorney already has a setting at the time the vacation notice is filed, it shall be the attorney's responsibility to notify opposing counsel and the court coordinator of the conflict.
Page 16 | 4.12 Attorney Vacations
Counsel may give the Court Coordinator written notice at least 90 days before a vacation to avoid trial or court settings during a vacation period of no more than four consecutive weeks or six total weeks in the year.
Counsel desiring to assure that he will not be assigned for trial or court settings during a vacation period not to exceed four (4) consecutive weeks of a given year, or six (6) total weeks of a given year, may advise the Court Coordinator in writing not less than ninety (90) days prior to the first day of such vacation.
Page 16 | 4.12 Attorney Vacations
In the event a bonafide emergency exists or a matter requires special attention and the judge of the court where the case is pending is unavailable, the attorney or party seeking relief shall contact any judge who has jurisdiction and the judge can consider the matter, but the case shall remain in the court originally filed.
In the event a bonafide emergency exists or a matter requires special attention and the judge of the court where the case is pending is unavailable, the attorney or party seeking relief shall contact any judge who has jurisdiction and the judge can consider the matter, but the case shall remain in the court originally filed.
Page 8 | 2.11 Ancillary Proceedings, Temporary Orders, and Emergency Matters
Counsel may give the Court Coordinator written notice at least 90 days before vacation to avoid trial or court settings during a vacation period of no more than four consecutive weeks or six total weeks in a year.
Counsel desiring to assure that he will not be assigned for trial or court settings during a vacation period not to exceed four (4) consecutive weeks of a given year, or six (6) total weeks of a given year, may advise the Court Coordinator in writing not less than ninety (90) days prior to the first day of such vacation.
Page 16 | 4.12 Attorney Vacations
A party or attorney may obtain a setting for a contested proceeding by requesting an agreed setting from the Court Coordinator or filing a Setting Request.
A party or attorney of record may obtain a setting of any contested proceeding by, (a) requesting an agreed setting from the Court Coordinator, or, (b) filing a Setting Request (furnished by the Clerk, Court Coordinator, or in a form substantially similar to the form in Appendix).
Page 4 | 1.11 Request for Settings - Non-Jury; b. Contested Hearings
A request for a hearing on an uncontested or ex parte matter may be made in person, by telephone, or in writing to the Court Coordinator.
Requests for hearing of uncontested matters and ex parte matters may be made in person, by telephone or in writing to the Court Coordinator.
Page 5 | 1.12 Disposition of Uncontested Matters
Any party may request that the case be set for a Pre-Trial conference.
Any party may request that the case be set for a Pre-Trial conference.
Page 6 | 1.16 Pre-Trial and Scheduling Conferences
A request for a hearing on an uncontested or ex parte matter may be made in person, by telephone, or in writing to the Court Coordinator.
Requests for hearing uncontested matters and ex parte matters may be made in person, by telephone or in writing to the Court Coordinator.
Page 8 | 2.13 Uncontested Matters
A party may request a setting by contacting the Court Coordinator.
You may request a setting by contacting the Court Coordinator.
Page 9 | Family Law Cases
An attorney may notify the Court Coordinator of a setting conflict or other scheduling conflict during the ten-day tentative-setting period.
During such period, any attorney may notify the Court Coordinator of a conflict of settings or other scheduling conflict.
Page 5
A hearing request for an uncontested or ex parte matter may be made in person, by telephone, or in writing to the Court Coordinator.
Requests for hearing of uncontested matters and ex parte matters may be made in person, by telephone or in writing to the Court Coordinator.
Page 5 | 1.12 Disposition of Uncontested Matters
Requests for hearings on uncontested or ex parte matters may be made to the Court Coordinator in person, by telephone, or in writing.
Requests for hearing uncontested matters and ex parte matters may be made in person, by telephone or in writing to the Court Coordinator.
Page 8 | 2.13 Uncontested Matters
Uncontested or agreed Family Law matters in which the parties waive a record may be set during weeks without a civil court date, and a setting may be requested by contacting the Court Coordinator.
Uncontested or agreed Family Law matters, where the parties waive the making of a record, may be set during the weeks not having a civil court date. You may request a setting by contacting the Court Coordinator.
Page 9 | Family Law matters