Webb County Courts at Law Document Filing Requirements

CRITICALCriminal cases

Applies to

Payment request

For evidentiary court appearances, counsel must submit a voucher and itemized payment request form, separately report in-court and out-of-court time, and provide docket-sheet copies.

Counsel shall submit the voucher and a payment request form itemizing services for evidentiary court appearances including jury trials. The form shall itemize the services provided and the dates of the services. The form shall set out separately the total time spent out of court and the total time spent in court representing the juvenile. Counsel shall provide copies of docket sheets with the requisition.

CRITICAL

Applies to

Pre trial order

The Pre-Trial Order must be completed, executed, and filed by the stated date, or the parties must appear for a conference to enter a Pre-Trial Guideline Order.

This Pre-Trial Order must be completed. executed and filed with the Court by (date) or the Parties must appear for a Conference on _ (da te) for entr y ora Pre -Trial Guideline Order.

CRITICALCriminal cases

Applies to

Appointed counsel request form

Each defendant requesting appointed counsel must use a sworn form identified as Exhibit A.

Each requesting defendant shall a sworn form {Exhibit A}.

CRITICAL

Applies to

Petition

The petitioner must attach this order to the original petition and each copy, and the Clerk must ensure it is attached when the petition is filed.

The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition. At the time the petition is filed, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.

CRITICAL

Applies to

Appendix

If a party is unable to afford costs, the court recorder must transcribe or have transcribed the recorded reporter’s record and file the transcription as that party’s appendix, along with all exhibits.

If a party is unable to afford costs, the court recorder must transcribe or have transcribed the recorded reporter’s record and file the transcription as that party’s appendix, along with all exhibits.

CRITICAL

Applies to

Appendix

Each party must file an appendix with its brief containing a written transcription of the recorded reporter’s record and copies of exhibits relevant to the appellate issues.

Each party shall file with its brief an appendix containing a written transcription of all portions of the recorded reporter’s record and a copy of all exhibits relevant to the issues raised on appeal.

CRITICAL

13. TRIAL. State the problems the availability of out-of-state people. bulky exhibits and demonstrations.

13. TRIAL. State the problems the availability of out-of-state people. bulky exhibits and demonstrations.

CRITICALCriminal cases

Applies to

Request for appointed counsel

The indigency determination must be recorded on the counsel-request form, which must be filed with the other orders in the case.

The determination wi II be recorded on the form requesting appointment of counsel and the form will be filed with the other orders in the case.

CRITICAL

Applies to

Exhibit and witness lists

All are required to exchange Exhibit and Witness at the Final

All are required to exchange Exhibit and Witness at the Final

CRITICAL

Applies to

Ex parte application

An application under the ex parte applications provision must contain a certificate by counsel.

H. Parte Applications: application for shall contain a certificate by counsel

CRITICAL

For a jury trial, the document must include proposed jury-trial materials, including instructions and definitions, with authority; portions of the attachment description are unclear in the source.

a. For a jury trial: proposed (incl instructions, definitions, and with authority).

CRITICAL

Applies to

Motion to withdraw

An attorney may withdraw from a case only by filing a motion approved by the court.

Any has inany ease may only by fili a motion approved by court.

CRITICAL

Applies to

Complex case

For a case designated complex by the Court, the text requires a Complex Designation and a Complex Docket Control Schedule Order for approval.

If a case is designated as complex by the Court, the shaJJ a Complex Designation and submit a Complex Docket Control Schedu Order in the bed Ices C for the approval.

CRITICAL

Applies to

Electronically served document

Must include

certificate of service

A filer who electronically serves a document must file it with a written service certification stating the filer's contact information, recipient's e-mail address, service date and time, and that transmission was reported complete.

(b) A filer who electronically serves a document upon another party shall make a written certification of such service that shall accompany the document when that document is filed. The written certification shall include, in addition to any other requirements imposed by the Texas Rules of Civil Procedure, the following: (i) the filer's e-mail address or telecopier (facsimile machine) number; (ii) the recipient's e-mail address; (iii) the date and time of electronic service; and (iv) a statement that the document was electronically served and that the electronic transmission was reported as complete.

CRITICAL

Applies to

Electronically filed document

Every electronically filed document must include the filer's e-mail address.

In addition to the information required on a pleading by TEX. R. CIV. P. 57, a filer must include an e-mail address on any electronically-filed document.

CRITICALCriminal cases

Applies to

Juvenile case filing

For the specified juvenile filings, the County Clerk must verify that each filing includes an order appointing counsel and forward the order to Pre-Trial Services and the corresponding judge for appointment and signature.

When the County Attorney's office files a petition for adjudication, discretionary transfer, or motions to modify disposition, the County Clerk's office is instructed to verify each filing to include an order appointing counsel and said order be forwarded to the Webb County Pre-Trial Services Department for appointment of attorney in accordance with section 5.06 A and to be sent to the corresponding judge for signature.

CRITICAL

Applies to

Pre trial submissions

Final Pre-Trial Conference Date: a.m, (All Trial MotiolD, Jury Questions and instructions and Joint Pre-Trial Order Form (order attached) shall be filed 1oUL~~a the Final Pre-Trial Conference Date.

Final Pre-Trial Conference Date: a.m, (All Trial MotiolD, Jury Questions and instructions and Joint Pre-Trial Order Form (order attached) shall be filed 1oUL~~a the Final Pre-Trial Conference Date.

CRITICALCriminal cases

For computer-assisted legal research, the attorney must provide the issues researched, an estimate of the attorney hours that manual research would have required, and a copy of the bill.

Regarding computer assisted legal research the attorney must provide a statement of the issues researched, and estimate of the number of hours of attorney time if the research has been done manually and a copy of the bi II.

CRITICAL

Applies to

Motion

Must include

certificate of conference

The motion procedure requires a certificate of conference in one of the forms provided in the rule.

No for a set for any motion accompanied with a "certificate counsel for movant in one of the forms set out herein.

CRITICAL

Applies to

Trial filings

The listed trial objections and proposed jury questions and instructions must be filed by the scheduled date; failure may result in a show-cause order and sanctions.

17. ALL TRIAL OBJECTIONS TO THE OTHER PARTY'S DESIGNATIONS OF VIDEO TESTIMONY AND TO MOTIONS IN LIMINE AND POPOSED JURY QUESTIONS, AJ\D INSTRUCTIONS SHALL BE FILED. FAILURE TO FILE by this date will cause a show Cause to be issued for and/or for the imposition or any other sanctions trial counsel and/or the parties.

CRITICALCriminal cases

Applies to

Referral notice

The notice must state the meeting time and place and inform the attorney of the opportunity to address the referral in writing, in person, or both.

The notice shall also inform the attorney of the time and place the board of judges/juvenile board will meet to discuss the referral and give the attorney an opportunity to to the referral in writing or in person or both.

CRITICAL

Applies to

Joint final pretrial document

The text requires submission of a Joint Final document on the approved form, but the exact document name and submission timing are partly illegible.

All are required to submit a Joint Final hearing on approved form Webb County Courts. AppendixE

CRITICAL

Applies to

Substitution of counsel

Newly retained counsel may not substitute for counsel of record unless they certify they are prepared to proceed without delaying the proceedings.

C. Newly retained counsel shall not permitted to substitute for counsel of record unless they certify they are prepared to proceed with the case without a delay the proceedi

CRITICAL

Applies to

Cover sheet

Each electronic transmission must include a cover sheet identifying the sender and transmitted documents and providing the stated instructions and payment authorization information.

A cover sheet must accompany transm wh identify sender. the documents being transmitted, and number of """'''.'-''''. and concise instructions concerning issuance or other request; and (c) have complete on the authorizing or escrow debit for court costs and

CRITICAL

Applies to

Electronically transmitted document

The sender must retain the original document bearing the original signature.

The sender shall maintain the original the document with original affixed as required section 51 Texas Government

CRITICAL

Applies to

Certificate of progress

The Certificate of Progress must address mediation status, pending motions for which a party seeks a ruling before the Final Hearing, proposed orders, and discovery status or concerns; additional listed content is partly illegible.

court: (l) the status of mediation; (2) pending motions which any party is requesting a mling to the Final Hearing submit/re-submit any proposed orders discovery or concerns as to discovery will completed and (4) faith

CRITICALCriminal cases

Applies to

Referral

A referral must clearly state its grounds, and disciplinary action concerning an attorney retained or removed from the appointment list may not be taken without a referral.

The referral must be in and shall clearly state the grounds that form the basis of the referral. No disciplinary action with to the attorney retained or removed from the appointment list may be made without such a referral.

CRITICALCivil cases

Applies to

Petition

The petitioner must attach a copy of the order to the original petition and its copy, and the Clerk must ensure the order is attached when the petition is filed.

1. Petitioner shall attach a copy of this order to original petition and to copy of petition. At time the petition is filed, the Clerk shall ensure a copy of this order is attached to the petition and copy of petition

CRITICAL

The document must state that settlement efforts are exhausted, the case cannot be settled, and it must be tried.

12. SETTLEMENT. State that all settlement efforts have been exhausted, that the case cannot be settled, and that it will have to be tried.

CRITICAL

Applies to

Proposed order

Proposed continuance orders must include findings for the Court to adopt that are consistent with the motion and requested relief.

The proposed orders must include findings for the Court to adopt, consistent with the motion and requested relief.

CRITICAL

Applies to

Jury demand

A jury demand must be on file for a case to be set for a jury trial.

a demand for jury is on file

CRITICALCriminal cases

Applies to

Application form

Attorneys must complete the application form and submit verification of their continuing legal education hours.

An attorney must complete the application form and submit verification of their continuing legal education hours.

CRITICAL

For a non-jury trial, the document must include proposed findings of fact without repeating uncontested facts, and conclusions of law with authority.

b. For a non-jury trial: proposed findings of fact (without repeating uncontested facts) and conclusions of Jaw. with authority.

CRITICALCriminal cases

Applies to

Practice time statement

The practice-time statement must report the percentage of the attorney’s total practice devoted to trial and appeal appointments in adult and juvenile delinquency cases, excluding CPS and guardianship cases.

The statement must describe the percentage of an attorney's total practice time that is dedicated to work on trial and appeal appointments in adult and juvenile delinquency cases. The juvenile delinquency cases do not include CPS and guardianship cases.

CRITICAL

Applies to

Motion to withdraw

If the specified counsel or client signature is absent from the motion, withdrawing counsel must attach a copy of the cover letter sent to the client advising of the motion's filing and the hearing date and time.

If su counsel's and/or 's signature fails to on the motion. withdrawing counsel II attach to the motion a copy of the cover letter ing a copy of the motion to his client advising him/her of the fil motion and the time of the hearing.

CRITICALCriminal cases

Applies to

Voucher

Counsel must submit the voucher to the presiding judge for payment approval.

counsel must submit this voucher to the judge presiding over the case for which attorney seeks for the judge to approve the payment.

CRITICAL

Applies to

Motion

Must include

proposed order, certificate of conference

A motion set for hearing must state the relief sought, facts and legal argument, satisfy applicable signature and oath requirements, include a certificate and presentation notice, and include a proposed order.

Requirements Motion motion that is set for must: 1. sllccinctly state the rei iefsought: 2. the facts to the 3. argument with authorities; 4. must be signed by counsel and, where uired, by defendant: 5. must be sworn to when required; 6. must contain a 7. must contain a certificate cOllnsel and a statement that the matter in the motion was not with 6.09 D below; 8. must contain a notice motion will presented to the at pretria I hearing with or without 9. must contain a proposed or denying the motion in lor in

CRITICAL

Applies to

Initial hearing

At the initial hearing in a SA PCR or divorce case, the parties must bring recent pay stubs, W-2s for the two preceding years, and tax returns with schedules for the two preceding years.

The parties are ORDERED to bring the following documents to the initial hearing conducted in a SA PCR and/or a Divorce Case: I. Copies of the most recent pay stubs; and 2. Copies of the parties' W-2' s for the two years preceding the filing of the litigation; and 3. Income tax returns, together with all schedules, for the two years preceding the filing of the litigation.

CRITICALCriminal cases

Applies to

Application form

The application form must include a statement that the attorney meets all qualifications for representing juveniles at each requested appointment level.

The form must include a statement declaring that the attorney has demonstrated that he/she meets all qualifications for representation of juveniles at each requested level of appointment.

CRITICAL

Applies to

Attorney appearance

An attorney may not appear for a party unless the attorney has filed or made an appearance of record.

An may not appear for a unless has filed or made appearance record

CRITICALCriminal cases

Applies to

Voucher

A voucher seeking payment for work on a pre-adjudicated case resolved by plea agreement must include a prosecution statement that the defense attorney’s efforts resolved the case before grand jury presentment.

Vouchers requesting payment for work performed on pre-adjudicated cases disposing of case as a result of a plea agreement must provide a statement from the prosecution asserting that the case was resolved prior to grand jury presentment due to the defense attorney's efforts.

CRITICAL

Applies to

Motion

A motion must include a status form identifying opposing counsel and how the copy was delivered.

The motion must be accompanied with a status the name, of opposing and how it was delivered.

CRITICAL

Applies to

Affidavit to release surety

A person requesting release from liability on a bail bond must complete an Affidavit to Release Surety and present it to the District Court handling the case.

requesting a on liability on a Bail bond must complete the Affidavit to Release Surety and present the completed affidavit to District that case IS to.

CRITICAL

Applies to

Exhibits

All exhibits must be uploaded to Thomson Reuters Case Center before the court proceeding begins.

All exhibits—including but not limited to documents, photographs, audio recordings, maps, and deeds—shall be uploaded to Thomson Reuters Case Center prior to the commencement of the court proceeding.

CRITICALCriminal cases

Applies to

Referral notice

The board must give the attorney written notice of the referral and its grounds.

Upon receiving an attorney the board of judges/juvenile board shall notify the attorney in writing of the referral and inform the attorney of the grounds that form the basis of the referral.

CRITICAL

Applies to

Motion

A motion must state with particularity the relief or order sought.

shall state with particularity the relief or order sought

CRITICAL

Applies to

Electronically transmitted document

Electronically transmitted documents must conform to the stated filing requirements, including individual signature, identifying and contact information, and legibility.

A document electronically transmitted shall conform to uirements for filing lished by Texas Rules Civil i.e., I be on approximately 112 x 11 shall signed individually by the party or the party's of record, shall contain that individual's State of identification number, if any, address, telephone number and num The quality hard shall be dark to transm it legibly.

CRITICALCriminal cases

Applies to

Attorney qualification information

Attorneys must provide the Webb County Pre-Trial Services Department with information about their qualifications sufficient to determine whether they meet the requirements.

Attorney's must supply the Webb County Pre-Trial Services Department with all of the information necessary of the attorney's qualifications to determine if the attorney meets the qualifications.

CRITICALCriminal cases

Applies to

Indigency questionnaire

A juvenile or responsible parent or support person must complete a sworn questionnaire and provide supporting documentation when ordered.

A juvenile or a juvenile's parent or other person responsible for the support of the juvenile shall complete a sworn questionnaire and provide supporting documentation if ordered to do so.

CRITICALCriminal cases

Applies to

Indigency request

A person requesting an indigency determination and appointed counsel must provide information about financial resources under oath by completing a questionnaire, responding to questions, or both.

13. FORM REQUIRED FOR INDIGENCY: A. A juvenile, parent or person responsible for the support of the child who requests a determination of indigency and appointment of counsel shall: complete under oath a questionnaire concerning financial resources, or 2. respond under oath regarding financial resources, or complete questionnaire and respond to examination.