Webb County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Trial exhibits

Each shall pre-mark identify their to trial by ordered by court. Each attorney shall prepare a trial exhibits provide the court opposmg a copy of this I prior to trial.

Each shall pre-mark identify their to trial by ordered by court. Each attorney shall prepare a trial exhibits provide the court opposmg a copy of this I prior to trial.

CRITICALCriminal cases

Applies to

Appointment list submission

To be included on the appointment list, an attorney must annually submit either an affidavit detailing prior-year juvenile-law continuing education or documentation of current juvenile-law specialist certification.

III. To be included on the appointment list, each attorney must annually submit an affidavit to the Webb County Pre-Trial Services Department detailing the juvenile continuing legal education activities completed in the prior year. Alternatively, an attorney may annually submit documentation showing the attorney is currently certified as a specialist in juvenile law.

CRITICAL

Applies to

Temporary order hearing disclosures

The visible list of hearing disclosures includes a sworn monthly income-and-expense statement, federal tax returns, payroll statements and supporting schedules, and documents evidencing earnings; portions of the list are unreadable.

1. A sworn statement of the usual and ordinary monthly mcome and expenses; 2. s federal tax returns for the two ",a"~ll'-'Ul Parent-Child 3. All payroll statements, pay and all supporting schedules. and any other document evidencing any and all of that s earning for the calendar year' prior to the of the Original for Divorce or Suit Affecting Relationship for support (SAPCR) and January 1 of the date ofthe final

CRITICAL

Applies to

Motion to substitute counsel

A motion to substitute counsel that would cause delay must be set for hearing, and withdrawal is not permitted until the matter has been heard.

D. A to substitute eounsel will cause delay req a If the motion is by counsel and/or client, and is accompanied by a statement certifying that no 1I sign the formal 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. motion shall be set down hearing and no withdrawal shall be perm unless and until the matter has been heard.

CRITICALCriminal cases

Applies to

Magistrate certificate and record

The magistrate must note the defendant’s response on the Magistrate’s Certificate and keep an electronic or written record of the required communications for at least 120 days; the completed Exhibit B form may serve as that record.

B. The Magistrate shall note the response on said Magistrate's Certificate. Magistrates will either make an electronic or written record of having communicated each item in Rule 6.10.01 above to each arrested person at each Article 15.17 hearing and maintain this record for at least 120 days. Either an electronic or written record such as Exhibit B, the Probable Cause, Rights, Bail and Attorney Request Fonn completed by the Magistrate can be the record of said request.

CRITICALCriminal cases

Applies to

Request for appointed counsel

A judge-approved counsel-request form must be provided by the Article 15.17 hearing, completed under oath with financial information and a request for counsel, with reasonable assistance from the Magistrate.

As soon as following arrest, and in any event not later than the Article 15.17 hearing, the shall provide each arrested person who wants to request of counsel with a form approved by the judges on which the arrested person wi II provide under oath the necessary information the person's financial resources and will indicate that the person requests appointment of counsel. The Magistrate shall provide the arrested person reasonable assistance in completing the form.

CRITICALCriminal cases

Applies to

Voucher

The voucher must include an itemized statement listing each expense’s kind and amount, with supporting documents for expenses over $40.

The must attach to the voucher an itemized statement of each expense listing the the kind and the amount of the expense and must supply supporting documents for any expense over $40.00;

CRITICAL

Applies to

Written consent

To hold a jury trial other than in-person, all parties must consent in writing and file the consent with the court.

Unless consented to by all parties in writing and filed with the court, jury trials shall be held in-person.

CRITICALCivil cases

Applies to

Initial hearing documents

The parties must bring the listed pay stubs, W-2s, and income tax returns to the initial hearing, although some details are obscured in the text.

The are to bring the following documents to the initial hearing conducted in a SAPCR and/or a Divorce 1. of the most recent stubs; 2. Copies of the W-2's for two preceding filing of litigation; 3. Income tax returns, with all ules, for two preceding the filing of litigation.

CRITICALCriminal cases

Applies to

Request for counsel

If the magistrate has reason to believe a person is not mentally competent to decide whether to request counsel, the magistrate must enter a counsel request on the person’s behalf.

C. If a magistrate has reason to bel ieve that a person is not mentally competent to decide whether to request counsel, the magistrate will enter a request for counsel on that person's behalf.

CRITICAL

Applies to

Disputed division case submission

The visible text requires a sworn appraisement and a proposed property division that includes property claimed or recognized as separate property; parts of the filing instruction are unreadable.

In disputed di vision cases, shall tile a sworn appraisement as set out in 4.17 of these local and shall submit to and opposing counsel not later than commencement of a proposed property division including property claimed or recognized as separate property.

WARNING

Applies to

Joint final pretrial report

The report should list pending motions.

4. MOTIONS. List pending motions.

WARNINGCriminal cases

Applies to

Webb County Application/affidavit Criminal Felony, Misdemeanor or Juvenile Courts Attorney

Attorneys must file the Webb County application/affidavit and file a new application annually.

I. All attorneys are to file the Webb County Application/affidavit Criminal Felony, Misdemeanor or Juvenile Courts Attorney. Thereafter, all attorneys are to file a new by October I , of every year and continuing annually until this rule is amended.

WARNING

Applies to

Inventory

The visible text requires an inventory to list items and related asset or liability information and to characterize property claimed as separate; much of the required detail is unreadable.

inventory shall each items and shall list each amount liability, number ofperiodic payments alTears, if any, its payment, creditor. Any property or claimed to separate property shall be so characterized.

WARNING

Applies to

Supplemental appendix

If directed by the appellate court, a party must file a supplemental appendix transcribing additional portions of the recorded reporter’s record.

Consistent with Texas Supreme Court and Court of Criminal Appeals prior approval of local rules of Texas courts, the appellate court may direct a party to file a supplemental appendix containing a written transcription of additional portions of the recorded reporter’s record.

WARNING

Applies to

Joint final pretrial report

The joint final pretrial report should list each party and counsel information in separate paragraphs.

!. APPEARANCE OF COUNSEL. List each party. its and counsel's address and telephone number in separate paragraphs.

WARNING

Applies to

Affiliation and counsel list

Counsel must submit to the court, by the stated date, a list of companies affiliated with the parties and counsel associated with the litigation.

To assist the court in identifying any problems recusal or disqualification, counsel will submit to the court [DATE], a list of all companies affiliated with the parties and all counsel associated in the litigation.

WARNING

Applies to

Summary judgment waiver

Counsel of record may for sum judgment without oral argument by fi jointly, a written waiver five days prior to

Counsel of record may for sum judgment without oral argument by fi jointly, a written waiver five days prior to

WARNING

Applies to

Joint final pretrial report

The report should give a brief case statement suitable as a jury introduction and include names and dates.

2. STATEMENT OF THE CASE. Give a brief statement of the case, one that thej could read to the jury for an introduction to the facts and parties; include names, dates, and

WARNINGCriminal cases

An attorney may obtain excess certifying to the trial court that: (I) the case was complex, or both and excess is necessary to provide fair compensation.

An attorney may obtain excess certifying to the trial court that: (I) the case was complex, or both and excess is necessary to provide fair compensation.

WARNINGCriminal cases

Applies to

Annual statement

Attorneys must submit an annual statement concerning appointments in adult criminal or juvenile cases.

(C) Every year, an attorney is to submit a statement in which the attorney an appointment in an adult criminal or juvenile case the fiscal year that on October I and ends on 30, year 20 13-20 14,

WARNING

Applies to

Motion to withdraw

The motion should set forth the following: 1. reason for withdrawal; 2. certification to the client has been of the withdrawal that fi Ie has been returned; 3. current address cl where may be together with a and/or home phone num 4. name of substitute counsel, if known, and a fieation that the has explained this procedure to the client, and has communicated to that withdrawal cannot be used to a trial setting in the case.

The motion should set forth the following: 1. reason for withdrawal; 2. certification to the client has been of the withdrawal that fi Ie has been returned; 3. current address cl where may be together with a and/or home phone num 4. name of substitute counsel, if known, and a fieation that the has explained this procedure to the client, and has communicated to that withdrawal cannot be used to a trial setting in the case.

WARNING

Applies to

Joint final pretrial report

The report should list potential witnesses' names, addresses, and a brief description of their testimony, and include qualifications for expert witnesses; parts of the text are illegible.

a. List the names and addresses of witnesses who may be called with a brief statement of the nature of their Include the qualifications of witnesses: thesewill be Llsed to qual the expert at trial.

WARNINGCriminal cases

Applies to

Preliminary report

The probation officer must include the counsel-appointment request and any declarations of indigency or intent to retain private counsel with the preliminary report to the County Attorney's office.

When the Juvenile Department issues its preliminary report to the County Attorney's office, the probation officer shall include the request for appointment of counsel and any other declarations of indigency or intent to retain private counsel.

WARNINGCriminal cases

Applies to

Juvenile public appointment list application

An attorney must have a completed application approved by the Webb County Juvenile Board on file with the Webb County Pre-Trial Services Department to qualify for the juvenile public appointment list.

An attorney must have on file with the Webb County Pre-Trial Services Department a completed application for the juvenile public appointment list approved by the Webb County Juvenile Board.

WARNING

Applies to

Joint final pretrial report

The report should briefly state unresolved propositions of law and provide supporting authorities for each.

9. CONTESTED PROPOSITIONS OF LA W. State briefly the unresolved of law. with authori ties to support each.

WARNING

Applies to

Written jury trial request

Otherwise, counsel should file written jury trial requests with information detailing why a jury trial request was not made sooner.

Otherwise, counsel should file written jury trial requests with information detailing why a jury trial request was not made sooner.

WARNING

Applies to

Joint final pretrial report

The report should attach two exhibit lists on a form similar to the clerk's form and make the exhibits available to opposing counsel for examination.

a. On a form similar to the one provided by the clerk, each will attach two lists of all exhibits to be offered and will make the exhibits available for examination by opposing counsel.

WARNING

Applies to

Joint final pretrial report

The report should list material contested facts; the sentence is incomplete.

7. CONTESTED ISSUES OF FACT. List all material facts in

WARNING

Applies to

Joint final pretrial report

The report should list legal propositions that are not in dispute.

8. AGREED PROPOSITIONS OF LA W. List the legal propositions that are not in dispute.

WARNING

Applies to

Joint final pretrial report

5. CONTENT10NS OF THE PARTIES. State in paragraphs each party's claims.

5. CONTENT10NS OF THE PARTIES. State in paragraphs each party's claims.

WARNING

Applies to

Joint final pretrial report

6. ADMISSIONS OF FACT. List all facts that no proof

6. ADMISSIONS OF FACT. List all facts that no proof

WARNING

Applies to

Joint final pretrial report

The report should specify subject-matter and party jurisdiction and state any unresolved jurisdiction question.

3. JURISDICTION. Briefly specify the jurisdiction of the subject matter and the parties. If there is an unresolved question, state it.

WARNING

Applies to

Conference statement

Counsel must submit a brief written statement of preliminary facts and critical factual and legal issues to the court before the conference; the statement is not filed with the clerk and is not binding or admissible as described.

Three before the counsel will submit to the court a brief written statement ind preliminary of the facts involved in the I and the critical factual and legal iss ues. These statements will not be filed with the clerk, will not be binding, will not waive claims or and may not be offered into evidence a party in this or in any later

WARNINGCriminal cases

Applies to

Order of removal

An order of removal should state in the order the earliest date at which the attorney may apply for reinstatement.

An order of removal should state in the order the earliest date at which the attorney may apply for reinstatement.

WARNINGCriminal cases

Applies to

Motion to substitute

If an attorney is retained or appointed to substitute for another court attorney, said newly retained/appointed attorney should ensure that the court attorney is notified of same and that a motion to substitute is timely filed with the Court.

If an attorney is retained or appointed to substitute for another court attorney, said newly retained/appointed attorney should ensure that the court attorney is notified of same and that a motion to substitute is timely filed with the Court.

WARNINGCriminal cases

Applies to

Appointment of counsel request forms

During the intake conference, the probation officer must provide the juvenile and the juvenile's parents information about attorney appointments and forms to request court-appointed counsel.

The probation officer shall provide information concerning the appointment of attorneys for juveniles and forms to request court appointment of an attorney to the juvenile and the juvenile's parents during the intake conference.

INFO

A certificate of conference is not required.

A certificate of conference is not required.