Washington County Court at Law Document Filing Requirements

CRITICAL

Applies to

Notice of submission

A submission notice must state that a party may request a hearing or submit a written response by the stated submission date.

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.

CRITICAL

Applies to

Inventory

Three copies of all inventories and supplemental inventories must be available for use at trial.

When a suit is tried, three (3) copies of all inventories and supplemental inventories shall be available for use in trial.

CRITICAL

Applies to

Motion to withdraw

A Motion to Withdraw must include a certificate stating the client's last known address.

A Motion to Withdraw will not be considered by the Court unless it includes a certificate of the client's last known address.

CRITICAL

Applies to

Jury setting request

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.

CRITICAL

Applies to

Financial inventory

Each spouse must prepare a sworn inventory in property- or liability-division cases, subject to the stated Respondent exception.

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.

CRITICAL

Applies to

Notice of arraignment

At arrest, the arresting agency must give the defendant a Notice of Arraignment stating an appearance date on a regularly scheduled criminal docket day.

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.

CRITICAL

Applies to

Divorce action

In divorce actions involving child custody, both parties must attend the For Kid's Sake program as directed by the Court before obtaining a final-hearing setting; the Petitioner attends the first available session after filing and the Respondent the following session.

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.

CRITICAL

Applies to

Setting request

A setting request must state the nature of the hearing, trial, or ruling sought, the names and contact information of attorneys or pro se parties, and the estimated time required for both sides.

(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.

CRITICAL

Applies to

Plea

The court must receive relevant plea information, including the listed facts, conditions, witness input, payment schedule, and supervisory fees.

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;

CRITICAL

Applies to

Document to be entered

The attorney or pro se party submitting the document must sign it.

The document must be signed by the attorney or party pro se submitting the document.

CRITICAL

Applies to

Objection

Must include

proposed order

An objection to a submitted document's form or substance must include the objecting party's proposed document for the Court's signature.

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.

CRITICAL

Applies to

Pretrial submission

Each party’s counsel must submit a proposed charge, witness list, and exhibit list by noon on the Friday before the jury week, or earlier if the court sets an earlier time.

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.

CRITICAL

Applies to

Written plea time limit

Any time limit on defense counsel's acceptance of a State plea-bargain recommendation must be recorded in writing and initialed by counsel for both sides.

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.

CRITICAL

Applies to

Document to be entered

The attorney or self-represented party submitting the document must sign it.

The document must be signed by the attorney or party pro se submitting the document.

CRITICAL

Applies to

Financial inventory

Employment benefits, including vested or unvested plans, must be identified, and the latest information about the employee's rights and monetary interest in those plans must be included as an inventory exhibit.

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.

CRITICAL

Applies to

Certificate of attendance

Certificates showing both parties' attendance must be filed with the Clerk before obtaining a final-hearing setting.

Certificates of attendance for both the Petitioner and Respondent shall be filed with the Clerk prior to obtaining a setting of the final hearing.

CRITICAL

Applies to

Off docket family law setting

Off-docket Family Law settings require one of the stated uncontested or agreed-case documents; an agreed decree must be signed by both parties and accompanied by a written waiver of making a record, and a non-appearing pro se party's signature must be notarized.

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.

CRITICAL

Applies to

Plea

A completed proposed judgment must be presented to the court at the plea.

All pleas must be ready with a proposed judgment filled out and presented to the court at the time of the plea.

CRITICAL

Applies to

Trial readiness announcement

A defendant must appear at docket call unless the defendant submits a written announcement of “ready” for trial 3 to 10 days beforehand.

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.

CRITICAL

Applies to

Financial inventory

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.

CRITICAL

Applies to

Motion to withdraw

A Motion to Withdraw must include a certificate stating the client's last known address.

A Motion to Withdraw will not be considered by the Court unless it includes a certificate of the client's last known address.

CRITICAL

Applies to

Plea

A completed proposed judgment must be presented to the court at the time of each plea.

All pleas must be ready with a proposed judgment filled out and presented to the court at the time of the plea.

CRITICAL

Applies to

Motion to retain

Must include

proposed order

A party seeking to keep a case on the docket must file a written Motion to Retain stating good cause and include a proposed Pre-Trial Order complying with Texas Rule of Civil Procedure 165a(1).

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.

CRITICAL

Applies to

Financial inventory

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.

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.

CRITICAL

Applies to

Setting request

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.

(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.

CRITICAL

Applies to

Motion to withdraw

An attorney of record must present a Motion to Withdraw and obtain a court order granting leave before withdrawing.

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.

CRITICAL

Applies to

Proposed property division

Each attorney must submit the Proposed Property Division, including property claimed or recognized as separate, to the Court and opposing counsel at least 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.

CRITICAL

Applies to

Objection

Must include

proposed order

An objection to a submitted document’s form or substance must include the objecting party’s proposed version for the Court’s signature.

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.

CRITICAL

Applies to

Criminal case pre filing documents

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.

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.

CRITICALCivil cases

Applies to

Certificate of attendance

Certificates of attendance for both parents must be filed with the District Clerk 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.

CRITICAL

Applies to

Pretrial submissions

Each party's counsel must submit the proposed charge, witness list, and exhibit list by noon on the Friday before jury week, or earlier if the court sets an earlier time.

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.

CRITICAL

Applies to

Motion to retain

Must include

proposed order

A party seeking to keep a case on the docket must file a written Motion to Retain stating good cause and include a proposed Pre-Trial Order complying with Rule 165a(1).

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.

CRITICAL

Applies to

Uncontested order

The attorney or self-represented party presenting an order in an uncontested matter must sign it.

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.

CRITICAL

Applies to

Miscellaneous case documents

Miscellaneous documents relating to the defendant's case must 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.

CRITICAL

Applies to

Setting request

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.

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;

CRITICAL

Applies to

Certificate

Certificates showing both parties' attendance at the For Kid's Sake program must be filed with the Clerk before obtaining a final-hearing setting.

Certificates of attendance for both the Petitioner and Respondent shall be filed with the Clerk prior to obtaining a setting of the final hearing.

CRITICAL

Applies to

Plea

The court must receive relevant plea information, including the listed facts, probation conditions, witness input, payment schedules, and supervisory fees.

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;

CRITICAL

Applies to

Plea bargain recommendation

Any time limit on defense counsel's acceptance of a State plea recommendation must be written down and initialed by counsel for both sides.

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.

CRITICAL

Applies to

Proposed property division

Each attorney must submit the prescribed Proposed Property Division, including property claimed or recognized as separate, to the Court and opposing counsel at least 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.

CRITICAL

Applies to

Setting request

Must include

case number

A Setting Request must be filed with the Clerk and specify the cause number and style of the case.

Each Setting Request shall be filed with the Clerk of the Court and shall specify: (a) the cause number and style of the case;

CRITICAL

Applies to

Trial readiness announcement

A defendant must appear at docket call unless the defendant makes a written announcement of readiness for trial 3 to 10 days beforehand.

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.

CRITICAL

Applies to

Financial inventory

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.

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.

CRITICAL

Applies to

Original bond

The prosecuting attorney must collect original bonds from the arresting agencies.

Bonds. The prosecuting attorney shall collect original bonds from the arresting agencies.

CRITICAL

Applies to

Original case documents

When an information or indictment is filed, the County Attorney must file all the specified original documents with the County Clerk for placement in the Clerk's file.

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.

CRITICAL

Applies to

Attorney employment notice

Immediately upon being retained, defense counsel must send written notice to the County Attorney and Court Coordinator identifying the accused, charged offenses, and cause number if known.

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.

CRITICAL

Applies to

Written notice

Immediately upon employment, defense counsel must give written notice to the County Attorney and Court Coordinator identifying the accused, charged offenses, and cause number if known.

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.

CRITICAL

Applies to

Notice of arraignment

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.

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.

CRITICALCivil cases

Applies to

Petition

Before filing, the Petitioner must attach a copy of this order to the original petition and each copy of the petition.

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.

CRITICAL

Applies to

Criminal case documents

When the information or indictment is filed, the County Attorney must file all of the listed documents with the County Clerk for placement in the Clerk's file.

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.

CRITICAL

Applies to

Motion to withdraw

An attorney of record must present a Motion to Withdraw and obtain a court order granting leave before withdrawing.

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.