Washington County District Court, Texas Document Filing Requirements

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 shall be permitted to withdraw from any case without presenting a Motion to Withdraw and obtaining from the Court an order granting leave to withdraw.

CRITICAL

Applies to

Motion to withdraw

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

No Motion to Withdraw will be entertained by the Court unless it includes a certificate of the client's last known address.

CRITICAL

Applies to

Notice

The movant or Court may notice a matter for ruling without a hearing, and the notice must allow parties to request a hearing or submit a written response by a specified date at least ten days after service.

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. 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 (l0) days after service of such statement.

CRITICAL

Applies to

Setting request

A Setting Request must be filed with the Clerk, who forwards it to the Court Coordinator, and must include the specified case, proceeding, contact, and estimated-time information.

Each Setting Request shall be filed with Clerk ofthe Court and the Clerk shall forward the Request to the Court Coordinator for a setting to be made and such Request shall specify (i) the cause number and sty Ie of the case; (ii) the nature of the hearing, trial or rul ing sought; (iii) the name, address and telephone number of each attorney of record or party pro se; (iv) the amount of time estimated by the requesting party to be required for such hearing for both sides.

CRITICAL

Applies to

Notice of setting

A Notice of Setting must state the date, hour, nature of the trial or hearing, and allotted time.

The Notice of Setting shall state the date, hour, nature of the trial or hearing set, and the allotted time.

CRITICAL

Applies to

Motion to retain

Must include

proposed order

A Motion to Retain must state good cause and be filed with a proposed Pre-Trial Order complying with Rule 165a(l).

A written Motion to Retain shall be flied by any party desiring to maintain a case on the docket setting forth good cause, together with a proposed Pre-Trial Order complying with Rule 165a(l) of the Texas Rules of Civil Procedure.

CRITICAL

Applies to

Objection

Must include

proposed order

An objection to the form or substance of a submitted document 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

Notice of appearance

The notice must identify the accused, the charged offense or offenses, and the cause number if known.

Immediately upon employment, the defense attorney shall give written notice thereof to the District Attorney and the Court Coordinator, or appropriate District Clerk ifthere is no Court Coordinator for the particular county in question, stating the name of the accused, the offense(s) charged and cause number, ifknown.

CRITICAL

Applies to

Case reset form

Before being excused from the current setting, a case reset from its initial court setting must have its next setting reflected on a Case Reset Form.

In all counties, all cases to be reset from the initial setting set by the Court, must be set as reflected on a Case Reset Form reflecting the next setting on the case before being excused from Court on the current setting.

CRITICAL

Applies to

Proposed property division

Each attorney must submit a proposed property division, including property claimed or recognized as separate, to the Court and opposing counsel by the commencement of trial.

Each attorney shall submit a Proposed Property Division, including property claimed or recognized as separate property, to the Court and opposing counsel not later than the commencement of trial.

CRITICAL

Applies to

Sworn inventory

In cases requiring division of property or liabilities, each spouse must file or, by written mutual agreement, arrange filing of and exchange sworn inventories within 75 days of suit filing, except when the respondent signs a waiver of citation and does not hire counsel.

In all cases requiring the division ofproperty and/or liabilities, except in cases where Respondent signs a Waiver of Citation and does not hire counsel, the Husband and Wife EACH sha1l11le with the Court, or upon written mutual agreement, and shall exchange between themselves, sworn inventories within seventy-five (75) days of the date that the suit is 11Ied.

CRITICAL

Applies to

Certificate of attendance

Both parties’ certificates of attendance must be filed with the District Clerk before a final hearing is set.

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

CRITICAL

Applies to

Submission notice

A submission notice must state that a party may request a hearing or submit a written response by a submission date at least 10 days after service.

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

Setting request

A Setting Request must be filed with the Clerk and specify the case information, requested proceeding, contact details for attorneys or self-represented litigants, and estimated time for both sides.

Each Setting Request shall be filed with Clerk of the Court and the Clerk shall forward the Request to the Court Coordinator for a setting to be made and such Request shaJI specify (i) the cause number and style of the case; (ii) the nature of the hearing, trial or ruling sought; (iii) the name, address, telephone number, and email address of each attorney of record or self- represented litigant; (iv) the amount of time estimated by the requesting party to be required for such hearing for both sides.

CRITICAL

Applies to

Notice of setting

A Notice of Setting must state the date, hour, nature of the trial or hearing, and allotted time.

The Notice of Setting shall state the date, hour, nature of the trial or hearing set, and the allotted time.

CRITICAL

Applies to

Motion to retain

Must include

proposed order

A party seeking to retain a case on the docket must file a written motion stating good cause together with a proposed compliant pretrial order.

6.22 A written Motion to Retain shall be filed by any party desiring to maintain a case on the docket setting forth good cause, together with a proposed Pre-Trial Order complying with Rule 16Sa(l) of the Texas Rules of Civil Procedure.

CRITICAL

Applies to

Trial submission

Each party’s counsel or self-represented litigant must submit the proposed charge, witness list, and exhibit list by noon on the Friday before the scheduled jury week, unless the Court directs otherwise.

Counsel for each party (or self-represented litigant) 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 otherwise directed by the Court.

CRITICAL

Applies to

Court document

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

The document must be signed by the attorney or self-represented litigant submitting the document.

CRITICAL

Applies to

Objection

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

All objections to the fonn or substance of a docwnent submitted shall have the objecting party's proposed document for the Court's signature attached.

CRITICAL

Applies to

Judgment or order

In uncontested matters, judgments and orders must be presented at the hearing and signed by the presenting attorney or self-represented litigant, 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 self-represented [itigant presenting the Order.

CRITICAL

Applies to

Inventory

Each inventory must state the net worth of the community estate and any claimed separate estate, and be supplemented through the day of trial.

Each inventory shall show the net worth of the community estate and the net worth on any claimed separate estate. All inventories shall be supplemented from the date of the original inventory through the day of the trial.

CRITICAL

Applies to

Certificate of attendance

In divorce actions involving child custody, both parties must complete at least four hours of a parent education course and file attendance certificates before obtaining a final-hearing setting, unless the Court waives attendance for one or both parties.

In all divorce actions involving the custody of children, both Petitioner and Respondent shall attend an online or in•person Parent Education and Family Stabilization course of not less than four (4) hours prior to obtaining a setting on a final hearing. Certificates of attendance for both the Petitioner and Respondent shall be filed with the District Clerk prior to obtaining a setting of the final hearing. The Court may, in its discretion, waive the attendance by one or both of the parties.

CRITICAL

Applies to

Notice of appearance

Immediately upon employment, defense counsel must give written notice to the District Attorney and the Court Coordinator or appropriate District Clerk stating the accused’s name, charged offenses, and cause number if known.

Immediately upon employment, the defense attorney sha1l give written notice thereof to the District Attorney and the Court Coordinator, or appropriate J:?istrict Clerk if there is no Court Coordinator for the particular county in question, stating the name of the accused, the offense(s) charged and cause number, if known.

CRITICAL

Applies to

Case reset form

A case being reset from its initial court setting must have its next setting reflected on a Case Reset Form before the parties are excused from court at the current setting.

In all counties, all cases to be reset from the initial setting set by the Court, must be set as reflected on a Case Reset Fonn reflecting the next setting on the case before being excused from Coun on the current setting.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must include a certificate stating the client’s last known address and email address.

No Motion to Withdraw will be entertained by the Court unless it includes a certificate of the clicnt,s last known address and email address.

CRITICAL

Applies to

Appointed counsel compensation form

Appointed counsel must submit a judge-approved form itemizing the services performed.

(a) The appointed counsel must submit to the presiding judge a fonn approved by the judges for itemizing the services perfonned.

CRITICAL

Applies to

Proposed disposition

Each attorney must submit a Proposed Disposition of Issues to the Court and opposing counsel by the commencement of trial, addressing the specified issues.

Each attorney shall .submit a Proposed Disposition of Issues, including proposed property characterization and division, conservatorship, possession, and support, to the Court and opposing counsel not later than the commencement of trial.

CRITICAL

Applies to

Sworn inventory

In property-division cases, each spouse must file or mutually agree in writing to file, and exchange, a sworn inventory within 75 days after suit is filed, subject to the stated exception and written-extension procedure; the inventory must include the specified property, liability, separate-property, and employment-benefit information.

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, and sha11 exchange between themselves, sworn inventories within seventy-five (75) days of the date that the suit is filed. The seventy-five (75) day period may be extended by the parties upon written mutual agreement of the parties and/or their attorney filed with the Court within seventy-five (75) days of the date the suit is filed. Each inventory shall list the value of each item of property and shall list each liability, together with the totaJ 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 property shall be so characterized. Al] benefits arising from a party's employment (such as pensions, profit sharing plans, savings or thrift plans, and retirement accounts, whether vested or not) shaU 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.

CRITICALCivil cases

Applies to

Compensation request form

Appointed counsel must submit the judges’ approved form itemizing services performed to the presiding judge.

(a) The appointed counsel must submit to the presiding judge a form approved by the judges for itemizing the services performed.

CRITICALCivil cases

Applies to

Written findings

If the judge approves a different amount than requested, the judge must enter written findings stating the approved amount and each reason for the difference.

(b) The presiding judge hearing the motion/case under this Rule will either approve the amount requested or enter written findings stating the amount of payment that the judge approves and each reason for approving an amount different from the requested amount.

CRITICALCivil cases

Applies to

Petition

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

WARNING

Applies to

Sworn inventory

The 75-day inventory period may be extended by written mutual agreement of the parties and/or their attorney, filed with the Court within 75 days after suit is filed.

The seventy-tive (75) day period may be extended by the parties upon written mutual agreement ofthe parties and/or their attorney filed with the Court within seventy-five (75) days ofthe date the suit is tiled.