Webb County District Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- parties may not to reset a trial setting prior notice is to the court or a motion for continuance is and the court approves either reset or continuance. A motion for continuance will not be timely ifit is filed Thursday the Monday ofjury without cause. A motion for continuance on a non-jury case must filed no less than four (4) prior to non-jury date.
Communication
Phone
Document Format Requirements7 rules
(b) A document that requires the signatures of opposing parties (such as a Rule 11 agreement) may be electronically filed only as a scanned image.
(a) A document that is required to be verified, notarized, acknowledged, sworn to, or made under oath may be electronically filed only as a scanned image.
(a) Electronically-filed documents must be computer-formatted as specified by TexasOnline. Electronically-filed documents must also be formatted for printing on 8 \frac{1}{2}-inch by 11-inch paper.
- Paper size
- Letter
Formatting
- •Computer-format as specified by TexasOnline
Electronically transmitted documents must conform to filing requirements, be signed, include the specified identifying and contact information, and be legible when printed.
Formatting
- •The hard copy must be dark enough to transmit legibly
Court's wording
6. 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.
Names on the list will be listedalphabetically.
Formatting
- •Names on the list must be listed alphabetically
The inventory appraisement shall be in a form substantially to Form 12 the Family Law Manuel published by the Bar of
d. Parties must mark their exhibits to include the date and case number on each.
Document Filing Requirements58 rules
The parties must bring the listed financial documents to the initial hearing in a SAPCR and/or divorce.
Court's wording
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.
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
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.
A filer who electronically serves a document must file it with a written service certification containing the filer’s contact information, recipient’s e-mail address, service date and time, and confirmation of completed electronic transmission.
- Document
- Electronically served document
Must include
- •Certificate of service
Court's wording
(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.
Each requesting defendant shall a sworn form {Exhibit A}.
- Document
- Request for appointed counsel
Must include
- •A sworn form {Exhibit A}
with a form approved by the judges
the form will be filed with the other orders in the case.
Attorneys must file the Webb County attorney application and file a new application annually by October 1.
Court's wording
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.
2. 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.
The voucher must include an itemized statement of expenses and supporting documents for any expense over $40.
Court's wording
1. 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;
A payment voucher for work on a pre-adjudicated case resolved by plea agreement must include a prosecution statement that the case was resolved before grand jury presentment due to defense counsel’s efforts.
Court's wording
N. 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.
An electronic transmission must include a cover sheet identifying the sender and transmitted documents, with concise instructions and complete information authorizing payment or an escrow debit.
Court's wording
8. 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
7. The sender shall maintain the original the document with original affixed as required section 51 Texas Government
A case will be set on the non-jury a demand for jury is on file and jury fee is paid thirty days trial to Tex. C 216.
No for a set for any motion accompanied with a "certificate counsel for movant in one of the forms set out herein.
A hearing-setting fiat must identify the cause and hearing matter, identify the requesting party, provide specified blanks and a signature line, and estimate the in-court time needed.
Court's wording
The fiat or setting hearing must: 1. identify cause number; style or 3. state matter to be 4. identify the requesting the hearing; 5. blank for the time, and month hearing: 6. a signature line for the coordinator or the estimate total amount of in-com1 necessary to dispose of the matter; and
the judge is the view that the granting of such motion is not in interest of proposed the relief shall accompany the motion.
For an initial hearing in a SA PCR and/or divorce case, the parties must bring recent pay stubs, W-2s for the prior two years, and tax returns with schedules for the prior two years.
Court's wording
The parties are ORDERED to bring the following documents to the initial hearing conducted in a SA PCR and/or a Divorce Case: 1. Copies of the most recent pay stubs; and 2. Copies of the parties' W-2' s for the two years preceding the litigation; and 3. Income tax returns, together with all schedules, for the two years preceding the filing of the litigation.
The petitioner must attach the order to the original petition and every copy, and the clerk must ensure the order is attached when the petition is filed.
Court's wording
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.
and shall submit to and opposing counsel not later than commencement of a proposed property division including property claimed or recognized as separate property.
In disputed di vision cases, shall tile a sworn appraisement as set out in 4.17 of these local
request appointment of same shall be in writing to Court Adm who will supply the name next on the s rotating I
The attorney must forward miscellaneous documents relating to the case for filing upon receipt.
Court's wording
d. Other. Miscellaneous documents relating to s case applications for probation, letters from etc.) will be forwarded by the attorney upon receipt to filed District or County to u'<..~ ... u in the umque number.
A motion set for hearing must state the relief sought and relevant facts, include legal argument and authorities, meet applicable signature and oath requirements, contain the specified certificate and hearing notice, and include a proposed order.
Court's wording
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
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.
An may not appear for a unless has filed or made appearance record.
If the specified signature is absent from the motion, withdrawing counsel must attach a copy of the cover letter to the client advising of the motion's filing and hearing time.
Court's wording
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.
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
motion shall be set down hearing and no withdrawal shall be perm unless and until the matter has been heard.
Any has inany ease may only by fili a motion approved by court. 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.
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.
Counsel must submit a brief written statement of preliminary facts and critical factual and legal issues to the court; the statement is not filed with the clerk, is nonbinding, does not waive claims, and may not be offered into evidence.
Court's wording
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
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.
The specified trial objections, motions in limine, proposed jury questions, and instructions must be filed by the scheduled date; failure may result in a show-cause proceeding or other sanctions.
Court's wording
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.
All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated.
b. For a non-jury trial: proposed findings of fact (without repeating uncontested facts) and conclusions of Jaw. with authority.
12. SETTLEMENT. State that all settlement efforts have been exhausted, that the case cannot be settled, and that it will have to be tried.
a. For a jury trial: proposed (incl instructions, definitions, and with authority).
Final orders initially ordering child support after the rules’ effective date are deemed to include an application for Title IV-D child support services.
Court's wording
a. All final orders in which child support is initially ordered to be paid by a party shall be deemed to include an application for Title IV-D child support services provided by the Office of the Attorney General of Texas, Pursuant to Chapter 231 of the Texas Family Code. (This rule shall apply to all final orders initially ordering child support rendered by the Webb County District Courts after the effective date of these rules.)
should ensure that the court attorney is notified of same and that a motion to substitute is timely filed with the Court.
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.
The board must provide written notice of the referral and its grounds, identify the meeting’s time and place, and give the attorney an opportunity to respond in writing, in person, or both.
Court's wording
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. 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.
counsel must submit this voucher to the judge presiding over the case for which attorney seeks for the judge to approve the payment.
A certificate of conference is not required.
For cases on the jury docket, written jury-related submissions and authorities must be submitted to the court, unless the court orders that they be submitted during trial as the evidence dictates.
Court's wording
cases are on the jury docket report to court at 8: 15 a.m. on the date and submit to the court, in proper written their and authorities of same, unless ordered to do so be submitted during trial as the evidence dictate.
8. AGREED PROPOSITIONS OF LA W. List the legal propositions that are not in dispute.
4. MOTIONS. List pending motions.
Include
- •List pending motions
3. JURISDICTION. Briefly specify the jurisdiction of the subject matter and the parties. If there is an unresolved question, state it.
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.
6. ADMISSIONS OF FACT. List all facts that no proof
Include
- •List all facts that no proof
!. APPEARANCE OF COUNSEL. List each party. its and counsel's address and telephone number in separate paragraphs.
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.
5. CONTENT10NS OF THE PARTIES. State in paragraphs each party's claims.
7. CONTESTED ISSUES OF FACT. List all material facts in
Include
- •List all material facts in
9. CONTESTED PROPOSITIONS OF LA W. State briefly the unresolved of law. with authori ties to support each.
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
Unless other laws require acceptance, a party may decline Title IV-D services by filing a written refusal with the Office of the Attorney General and may later submit a written application for services.
Court's wording
b. Unless required to accept Title IV-D child support services pursuant to other laws, a child support obligation is titled to receive services pursuant to this rule may decline services by filing a written Refusal of IV-D Child Support Services with the Office of the Attorney General. Refusal of Title IV-D child support services pursuant to this rule does not preclude a subsequent written application for services.
An order of removal should state in the order the earliest date at which the attorney may apply for reinstatement.
Filing & Service rules
Electronic Filing Rules
Petitions for expunction, non-disclosure, or sealing are excepted from the electronic-filing requirement for civil cases filed by attorneys.
WHEREAS, at the Administrative Board of District Judges meeting held on October 7. 2015, the District Judges agreed that any petition for expunction. petition for non-disclosure. or petition to seal case. be excepted from the requirement that all civil cases filed by and through an attorney be tiled electronically:
Page 1 | WHEREAS
Petitions for expunction, non-disclosure, or sealing are excepted from the electronic-filing requirement for civil cases filed by attorneys.
THEREFORE, BE IT RESOLVED, that the tiling of a petition for expunction. petition for non-disclosure. or a petition to seal case. shall be excepted from the requirement that all ci\il cases tiled by and through an allorney be tiled electronically ,
Page 1 | THEREFORE, BE IT RESOLVED
Petitions for expunction, non-disclosure, or sealing may be filed in person, by hand, and on paper, whether filed by a pro se individual or an attorney.
WHEREAS, the District Judges agreed that \\'hether a petition tor expum:tion. petition for non-disclosure, or a petition to seal casco is filed by a Pro Se individual or by and through an attorney. said petition may be tiled in person. by hand. and in paper."
Page 1 | WHEREAS
Filers must follow TexasOnline’s registration procedures to register to file documents electronically.
(b) To become registered to electronically file documents, filers must follow registration procedures outlined by TexasOnline.
Page 6 | Rule 4.1 TexasOnline
Filers must submit documents through an EFSP, which transmits them through TexasOnline to the district clerk, and must have valid accounts with both the EFSP and TexasOnline.
(c) Filers do not electronically file documents directly with the district clerk. Rather, filers indirectly file a document with the district clerk by electronically transmitting the document to an electronic filing service provider (EFSP) which then electronically transmits the document to TexasOnline which then electronically transmits the document to the district clerk. A filer filing or serving a document must have a valid account with an EFSP and with TexasOnline
Page 6 | Rule 4.1 TexasOnline
After completing initial registration, each filer must use their confidential, unique electronic identifier to e-file, and that use constitutes a digital signature.
(a) Upon completion of the initial registration procedures, each filer will be issued a confidential and unique electronic identifier. Each filer must use his or her identifier in order to electronically file documents. Use of the identifier to electronically file documents constitutes a “digital signature” on the particular document.
Page 7 | Rule 4.2 Signatures
The stated rules govern the clerk’s receipt and filing of electronically transmitted court documents.
The following rules govern the procedure for the District or County Webb clerk" ) to receive and file electronically transmitted court documents.
Page 5 | RULE 3.10 (b)
Citations and writs may not be transmitted electronically.
No citation or writ the official of court may transmitted electronically.
Page 7 | RULE 3
On a party’s motion and for good cause, a district court may order parties in that case to electronically file permitted documents.
(b) Upon the motion of a party and for good cause shown, a district court may order the parties in a particular case to electronically file and serve court documents that are permitted to be electronically filed under Rule 3.3.
Page 3 | Rule 1.3 Electronic Filing Optional Unless Ordered by Court
Documents otherwise eligible for traditional filing may be electronically filed, except for the listed categories.
(a) A document that can be filed in a traditional manner with the district clerk may be electronically filed with the exception of the following documents: - i) citations or writs bearing the seal of the court; - ii) returns of citation; - iii) bonds; - iv) subpoenas; - v) proof of service of subpoenas; - vi) documents to be presented to a court in camera, solely for the purpose of obtaining a ruling on the discoverability of such documents; - vii) documents sealed pursuant to TEX. R. CIV. P. 76a; and - viii) documents to which access is otherwise restricted by law or court order, including a document filed in a proceeding under Chapter 33, Family Code.
Page 5 | Rule 3.3 Documents That May Be Electronically Filed
After a scanned image is electronically filed under Rule 3.4, the court may require traditional filing with the district clerk.
(d) Where a filer has electronically filed a scanned image under this rule, a court may require the filer to properly file the document in a traditional manner with the district clerk.
Page 6 | Rule 3.4. Documents Containing Signatures
Filers may transmit documents electronically through an EFSP to TexasOnline at any time, except during brief periods of state-approved scheduled maintenance.
(a) A filer may electronically transmit a document through an EFSP to TexasOnline 24 hours per day each and every day of the year, except during brief periods of state-approved scheduled maintenance which will usually occur in the early hours of Sunday morning.
Page 7 | Rule 4.3 Time Document is Filed
Electronic filing and electronic service of court documents are optional unless subsection (b) applies.
(a) Except as provided by subsection (b) below, the electronic filing and serving of court documents is wholly optional.
Page 3 | Rule 1.3 Electronic Filing Optional Unless Ordered by Court
A motion to seal and any response to it may be electronically filed.
(b) A motion to have a document sealed, as well as any response to such a motion, may be electronically filed.
Page 5 | Rule 3.3 Documents That May Be Electronically Filed
An affidavit or other paper described in Rule 3.4(a) or (b) may be scanned and electronically filed with the underlying document to which it is attached.
(c) Any affidavit or other paper described in Rule 3.4(a) or (b) that is to be attached to an electronically-filed document may be scanned and electronically filed along with the underlying document.
Page 6 | Rule 3.4. Documents Containing Signatures
Filing Timing and Cure Windows
A document transmitted to the EFSP by the filing deadline must be filed and deemed timely if the clerk receives it no more than ten days late; the filer’s transmission report is prima facie evidence of transmission date and time.
If a document is electronically transmitted to the filer's EFSP and is electronically transmitted on or before the last day for filing the same, the document, if received by the clerk not more than ten days tardily, shall be filed by the clerk and deemed filed in time. A transmission report by the filer to the filer's EFSP shall be prima facie evidence of date and time of transmission.
Page 7 | Rule 4.3 Time Document is Filed
(b) Upon sending an electronically-transmitted document to a filer's EFSP, the filer is deemed to have delivered the document to the clerk and, subject to Rule 4.3(h), the document is deemed to be filed.
(b) Upon sending an electronically-transmitted document to a filer's EFSP, the filer is deemed to have delivered the document to the clerk and, subject to Rule 4.3(h), the document is deemed to be filed.
Page 7 | Rule 4.3 Time Document is Filed
A document commencing a civil suit that is transmitted on Sunday is deemed filed the following Monday, except in injunction, attachment, garnishment, sequestration, or distress proceedings.
(h) Except in cases of injunction, attachment, garnishment, sequestration, or distress proceedings, documents that serve to commence a civil suit will not be deemed to have been filed on Sunday when the document is electronically transmitted to the filer's EFSP, TexasOnline, or the Clerk on Sunday. Such documents will be deemed to have been filed on the succeeding Monday.
Page 8 | Rule 4.3 Time Document is Filed
The district clerk must accept a document for filing if it is properly directed and complies with all filing requirements.
The district clerk shall accept the document for filing provided that the document is not misdirected and complies with all filing requirements.
Page 8 | Rule 4.3 Time Document is Filed
On the day a document is rejected, the clerk must report the action and reason to TexasOnline, which must send an alert with the reason through the EFSP to the filer.
(g) If the document is not accepted for filing, the district clerk shall inform TexasOnline of its action, and the reason for such action, the same day action is taken. TexasOnline shall, on that same day, electronically transmit to the filer's EFSP an "alert" that the document was not accepted along with the reason the document was not accepted. The EFSP will electronically transmit the alert to the filer.
Page 8 | Rule 4.3 Time Document is Filed
If the clerk does not accept or reject a document within the prescribed period, the document is deemed accepted and filed.
If the clerk fails to accept or reject a document within the time period, the document is deemed to have been accepted and filed.
Page 8 | Rule 4.3 Time Document is Filed
For an accepted document, the filing date and time generally match transmission to the EFSP, and the clerk and TexasOnline must provide same-day acceptance confirmation that includes a file-marked first page.
(f) If the document is accepted for filing, the district clerk shall note the date and time of filing which, with the exception of subsection (h) below, shall be the date and time that the filer transmitted the document to the filer's EFSP. The district clerk shall inform TexasOnline of its action the same day action is taken. TexasOnline shall, on that same day, electronically transmit to the filer's EFSP a "confirmation" that the document has been accepted for filing by the district clerk. The EFSP will electronically transmit the confirmation to the filer. This confirmation will include an electronically "file-marked" copy of the front page of the document showing the date and time the district clerk considers the document to have been filed.
Page 8 | Rule 4.3 Time Document is Filed
The district clerk must decide whether to accept a document for filing no later than the first business day after receiving it from TexasOnline.
(e) Not later than the first business day after receiving a document from TexasOnline, the district clerk shall decide whether the document will be accepted for filing.
Page 8 | Rule 4.3 Time Document is Filed
Electronic filing does not change any filing deadline.
The electronic filing of a document does not alter any filing deadlines.
Page 8 | Rule 4.4 Filing Deadlines Not Altered
Add three days to a prescribed period for an act due after electronic service.
Whenever a party has the right or is required to do some act within a prescribed period of time after service of a document upon the party and that document is electronically served, then three days shall be added to the prescribed period of time.
Page 10 | Rule 5.3 Time for Action After Service
For a misdemeanor arrest, the defendant must be presented before a magistrate within 24 hours of arrest.
24 hours for a misdemeanor arrest
Criminal cases
Page 2 | PROMPT APPEARANCE BEFORE A MAGISTRATE
The magistrate must transmit each request for counsel to the appointing authority within 24 hours after the request is made.
The magistrate will transmit all requests for counsel to the appointing authority within 24 hours of the request being made.
Criminal cases
Page 2 | PROMPT APPEARANCE BEFORE A MAGISTRATE
For a felony arrest, the detaining authority must present the defendant before a magistrate within 48 hours of arrest.
The detaining authority must present the defendant before the magistrate within 48 hours of arrest for a felony
Criminal cases
Page 2 | PROMPT APPEARANCE BEFORE A MAGISTRATE
As an alternative to presenting the defendant within the stated period, the detaining authority may release the defendant under the Webb County Bond Schedule with assurance of appearance before a magistrate the next business day.
and/or release the defendant in accordance with the Webb County Bond Schedule with an assurance that the defendant appears at the next business day before magistrate.
Criminal cases
Page 2 | PROMPT APPEARANCE BEFORE A MAGISTRATE
When the stated conditions apply, the out-of-county magistrate must transmit the appropriate request forms without unnecessary delay and no later than 24 hours after the request for appointed counsel.
If the arrested person is taken before a magistrate of a county other than the county that issued the warrant, the magistrate shall, if the person is indigent and is entitled to and requests appointed counsel, without unnecessary delay but not later than 24 hours after the person requests the appointment of counsel, transmit, or cause to be transmitted, the appropriate request forms to a court or the courts designee authorized under Article 26 .04 to appoint counsel for indigent defendants in the county issuing the warrant.
Criminal cases
Page 2 | PROMPT APPEARANCE BEFORE A MAGISTRATE
The form-provision step must occur no later than the Article 15.17 hearing.
in any event not later than the Article 15.17 hearing
Criminal cases
Page 5 | Procedures for Determining
An attorney's annual statement is due no later than October 15; the surrounding text about the statement and its submission is partly illegible.
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, The statement is due no later than October 15, the attorney the on Iine system to the Texas Defense Commission.
Criminal cases
Page 7 | F. APPOINTMENT LISTS
An attorney must submit the request to remain on the list by October 1 each year to the Office Webb County of Pre-Trial Services.
The attorney fails to submit the request to remain on the list on or by October I ". of each year to the Office Webb County of Pre-Trial Services.
Criminal cases
Page 10 | Grounds for Removal
A motion appealing disapproval of payment must be filed within 20 of receiving notice of the disapproval.
This motion must be filed within (20) from the date the attorney receives notice of the disapproval of payment.
Criminal cases
Page 12 | APPOINTED ATTORNEY COMPENSATION
Payment vouchers are due within 90 days of final disposition or completion of appellate proceedings if the case is appealed.
Vouchers for payment are due within 90 days from final or completion of appellate ifcase is appealed,
Criminal cases
Page 13
Failure to submit a payment voucher within 90 days of final disposition or completion of appellate proceedings in an appealed case results in the attorney’s services being deemed donated pro bono.
Failure to submit your voucher for payment within 90 from final disposition or completion of appellate proceedings, if case is will be deemed to be a donation of the attorney time and talent and will be pro bona.
Criminal cases
Page 13
The clerk checks an electronic transmission for completeness and, when it is complete, confirms payment authorization or the escrow account, records the authorization code, and treats the documents as accepted for filing with the clerk’s official file stamp.
9. The cl upon pt an electron ly transmitted document shall the completeness of the transmission. 10. The is complete. shall confirm charge authorization or escrow account and note the authorization code on the cost receipt. . the documents electron Iy shall be deemed accepted filing and the the c s official file stamp to document.
Page 6 | RULE 3.10 (b)
If a transmission is incomplete or required court costs or fees are unpaid, the sender must be notified as soon as practicable that it was not filed and why.
II. If is found to be lnco111 or court costs or if requ are not as soon as practicable that hus not been filed and the reason.
Page 6 | RULE 3.10 (b)
Transmissions after 5:00 p.m., on weekends or holidays will verified filed before 10:00 a.m. on first business following of
Transmissions after 5:00 p.m., on weekends or holidays will verified filed before 10:00 a.m. on first business following of
Page 7 | RULE 3
Electronic transmission alone does not complete filing; filing is complete when the official date and time stamp is applied to the document.
Electronic transmission of a document does not constitute Filing Is complete the official date and stamp is to the document.
Page 7 | RULE 3
The jury fee must be paid thirty days before trial.
A case will be set on the non-jury a demand for jury is on file and jury fee is paid thirty days trial to Tex. C 216.
Page 9 | RULE 3.15 JURY AND JURY DEMAND
The final sworn inventory and appraisement must be supplemented no later than seven days before trial.
A final sworn shall supplemented on or before and no later than seven (7) days hATA,.A trial.
Page 28 | Rule 4.17 Inventory and Appraisement
All jury cases must be set for trial within one year after filing.
Trial/trial Date: ~ A.M. (ALL JURY CASES MUST BE SET FOR TRIAL WITHIN ONE YEAR AFTERFILING.)
Page 41 | APPENDIX A
All responses to motions, supporting briefs andlor copies case law counsel are on are to be filed three before the date of any
All responses to motions, supporting briefs andlor copies case law counsel are on are to be filed three before the date of any
Page 45
c. Within reason, other objections to admissibility of exhibits must be made at least three (3) before trial; the Co urt will be notified in disputes. with of the disputed exhibit and authority.
c. Within reason, other objections to admissibility of exhibits must be made at least three (3) before trial; the Co urt will be notified in disputes. with of the disputed exhibit and authority.
Page 48 | 10. EXHIBITS
judgment order and all should presented to court no later than fourteen (14) after final
judgment order and all should presented to court no later than fourteen (14) after final
Page 19 | RULE 3.39 SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS
Opposing counsel must file objections to the proposed judgment within three working days of receipt, although the text is partly illegible.
Opposing counsel shall file any objections to the proposed judgment and/or within three working receipt of proposed judgment.
Page 19 | RULE 3.39 SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS
Vacation designations must be filed with the district clerk, with notice to all courts, at least 15 days before the vacation date.
designation(s) must be tll with the district clerk (with to all courts of 10 than fifteen (15) days to date vacation.
Page 39 | RULE 10.13 ATTORNEY VACATIONS
Each party in a case involving division of a marital estate must provide an inventory and appraisement before the trial date, unless waived in writing.
In a case where the division marital estate is in waived by writing, each party shall appraisement. no later ===== PAGE 28 ===== before the trial date.
Page 27 | Rule 4.17 Inventory and Appraisement
Service and Proof of Service Rules
A filer who electronically files or serves a document, or agrees to accept service, must provide any e-mail address change to TexasOnline, the district clerk, and all parties.
(c) By virtue of electronically filing a document or serving a document or by agreeing to accept service, a filer additionally agrees to provide information regarding any change in his or her e-mail address to TexasOnline, the district clerk, and all parties in the case.
Page 9 | Rule 5.1 Electronic Service of Documents Permissible
A document to be electronically served must be served before or at the same time it is filed.
(a) Documents to be electronically served upon another party shall be served before the time or at the same time that the document is filed.
Page 10 | Rule 5.4 Certification of Service
Electronic service is complete when the filer transmits the document to the party’s e-mail address.
(a) Electronic service shall be complete upon transmission of the document by the filer to the party at the party's e-mail address.
Page 10 | Rule 5.2 Completion of Service and Date of Service
The service date is ordinarily the date electronic service is complete, but service completed after 5:00 p.m. recipient’s time is deemed served the next day that is not a Saturday, Sunday, or legal holiday.
(b) Except as provided by subsection (c) below, the date of service shall be the date the electronic service is complete. (c) When electronic service is complete after 5:00 p.m. (recipient's time), then the date of service shall be deemed to be the next day that is not a Saturday, Sunday or legal holiday.
Page 10 | Rule 5.2 Completion of Service and Date of Service
A hearing-setting fiat must be served on all counsel at the same time and in the same manner as the referenced but unclear item.
served on all counsel of same time and in same manner it is to the
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and shall submit to and opposing counsel not later than commencement of a proposed property division including property claimed or recognized as separate property.
and shall submit to and opposing counsel not later than commencement of a proposed property division including property claimed or recognized as separate property.
Page 25 | 4.12 DISPOSITION PROPOSALS
When an attorney files a pleading or motion, the attorney must simultaneously deliver a copy to opposing counsel by hand, mail, email, or fax; a motion must include a statement identifying opposing counsel and how the copy was delivered.
Whenever any attorney files any pleading or motion, shall at the same time hand deliver, mail, email or fax a copy to ng counsel. The motion must be accompanied with a status the name, of opposing and how it was delivered.
Page 34 | RULE 6.09 PRE-TRIAL MATTERS
A party challenging an exhibit's authenticity must notify counsel in writing within five days after the exhibit is listed and made available; failure to object in advance of trial concedes authenticity.
b. A party authentication of an exhibit must notify the counsel in writing within five (5) days after the exhibit is listed and made available; failure to object in advance of trial in concedes authenticity.
Page 48 | 10. EXHIBITS
On a party’s motion and for good cause, a district court may order parties in that case to electronically serve permitted court documents.
(b) Upon the motion of a party and for good cause shown, a district court may order the parties in a particular case to electronically file and serve court documents that are permitted to be electronically filed under Rule 3.3.
Page 3 | Rule 1.3 Electronic Filing Optional Unless Ordered by Court
Electronic filing alone does not require a party to electronically serve documents; electronic service is required if the court orders it.
(d) A party who electronically files a document is not required to electronically serve documents upon other parties unless the court has ordered the parties to electronically serve documents.
Page 9 | Rule 5.1 Electronic Service of Documents Permissible
A filer may electronically serve documents at a party’s e-mail address only if that party agreed to accept electronic service or the court ordered it.
(a) In addition to the methods of serving documents (other than the citation to be served upon the filing of a cause of action) set forth in TEX. R. CIV. P. 21a, a filer may serve documents upon another party in the case by electronically transmitting the document to that party at the party's email address. Service in such a manner is known as "Electronic service," and is permissible in the circumstances set out in paragraph (b) below. (b) Documents may be electronically served upon a party only where that party has agreed to receive electronic service or where the court has ordered the parties to electronically serve documents.
Page 9 | Rule 5.1 Electronic Service of Documents Permissible
and judgment shall be forwarded to opposing counsel for approval as to fonn with seven (7) Opposing counsel shall file any objections to
and judgment shall be forwarded to opposing counsel for approval as to fonn with seven (7) Opposing counsel shall file any objections to
Page 19 | RULE 3.39 SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS
Electronic service of court documents is optional unless subsection (b) applies.
(a) Except as provided by subsection (b) below, the electronic filing and serving of court documents is wholly optional.
Page 3 | Rule 1.3 Electronic Filing Optional Unless Ordered by Court
A filer may electronically serve a document whether it is traditionally filed or electronically filed.
(e) A filer may electronically serve a document in instances where the document is traditionally filed as well as in instances where the document is electronically filed.
Page 9 | Rule 5.1 Electronic Service of Documents Permissible
Filing Fees and Waivers
Filers who e-file must pay the regular district-clerk filing fees indirectly through TexasOnline using a method set by TexasOnline.
(e) Filers who electronically file documents will pay regular filing fees to the district clerk indirectly through TexasOnline by a method set forth by TexasOnline.
Page 6 | Rule 4.1 TexasOnline
Electronically transmitted documents will not be accepted unless required court costs and fees are paid; payment may be made by Mastercard or through an escrow account with the clerk.
3. No document electronically transmitted shall accepted by clerk for fi court costs and paid. Court costs fees may be paid by Mastercard or through an escrow account established the cleric Documents tendered to the electronically without payment court costs and or with incomplete formation on authori or uest, or which do not to applicable rules, will not be
Page 6 | RULE 3.10 (b)
A case will be set on the non-jury a demand for jury is on file and jury fee is paid thirty days trial to Tex. C 216.
A case will be set on the non-jury a demand for jury is on file and jury fee is paid thirty days trial to Tex. C 216.
Page 9 | RULE 3.15 JURY AND JURY DEMAND
A convenience fee charged for electronic filing is additional to regular filing fees, and a District Clerk’s convenience fee is a court cost.
(a) “Convenience fee” is a fee charged in connection with electronic filing that is in addition to regular filing fees. A Convenience Fee charged by the District Clerk will be considered as a court cost.
Page 3 | Rule 2.1 Specific Terms
An EFSP may charge an additional convenience fee for electronic filing, in addition to regular filing fees.
(f) An EFSP may charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees.
Page 6 | Rule 4.1 TexasOnline
TexasOnline charges an electronic-filing convenience fee in addition to regular filing fees, capped at the amount approved by the TexasOnline Authority.
(g) TexasOnline will charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees and will be in an amount not to exceed the amount approved by the TexasOnline Authority.
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The electronic filing fee schedule is adopted annually and approved by the local courts.
4. A schedule for filing adopted annually by approved by local coulis.
Page 6 | RULE 3.10 (b)
The district clerk may charge an electronic-filing convenience fee in addition to regular filing, credit card, or other fees.
(h) The district clerk may charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees, credit card fees, or other fees.
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Filing Bundling Requirements
A filer may include only one document in an electronic transmission to TexasOnline, but may include another document as an attachment.
(a) Except as provided by subsection (b) below, a filer may include only one document in an electronic transmission to TexasOnline. (b) A filer may electronically transmit a document to TexasOnline that includes another document as an attachment (e.g., a motion to which is attached a brief in support of the motion).
Page 8 | Rule 4.5 Multiple Documents
Pre-Motion Conference Requirements
For an opposed motion, the movant must attempt to contact opposing counsel to arrange a discussion of disputed matters, and a certificate of conference in one of the stated forms must accompany the motion set for hearing.
1. requirement. No for a set for any motion accompanied with a "certificate counsel for movant in one of the forms set out herein. to the fi motion, counsel for potential movant shall attempt to contact counsel the potential respondent to hold or ule a to resolve disputed matters.
Page 12 | RULE 3.23 HEARING ON PRE-TRIAL ... AND MOTIONS — A. Opposed
Any motion for discovery be treated as premature unless for movant has: 1. Made a good effort to obtain discovery or relief from agreement; with the applicable Rules Civil Procedure, ha'> been good cause not making an effort; and
Any motion for discovery be treated as premature unless for movant has: 1. Made a good effort to obtain discovery or relief from agreement; with the applicable Rules Civil Procedure, ha'> been good cause not making an effort; and
Page 16 | 3.26 DISCOVERY DISPUTES
Before filing a motion, counsel must contact opposing counsel to attempt resolution and make at least three contact attempts during regular business hours over at least two days.
Prior to the filing any motion. counsel wi II contact opposing to hold or to attempt to reach a ution of the matters. Counsel for I make at three separate attempt to contact opposing counsel. Those required aHem shall be made during regu business hours during a period of at least two days.
Page 34 | RULE 6.09 PRE-TRIAL MATTERS
Before the conference, no motion may be filed without leave of court, and a motion must include a statement that the movant conferred with counsel in a good-faith effort to resolve the matter without court action.
No motion shall be filed to the conference without leave of court and unless it includes a that the Movant has conferred counsel in a effort to resolve the matter without court action.
Page 42 | APPENDIX B — COMPLEX CASE DESIGNATION ORDER (LR 3.33)
Trial motions, motions in limine, and matters concerning deposition testimony and exhibits will be heard at the conference.
All trial motions, motion in Limine and to deposition testimony and to exhibits, will be heard at the conference.
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Adjournment & Extension Requirements
parties may not to reset a trial setting prior notice is to the court or a motion for continuance is and the court approves either reset or continuance. A motion for continuance will not be timely ifit is filed Thursday the Monday ofjury without cause. A motion for continuance on a non-jury case must filed no less than four (4) prior to non-jury date.
parties may not to reset a trial setting prior notice is to the court or a motion for continuance is and the court approves either reset or continuance. A motion for continuance will not be timely ifit is filed Thursday the Monday ofjury without cause. A motion for continuance on a non-jury case must filed no less than four (4) prior to non-jury date.
Page 11 | RULE 3.20 RESETTING CASES
No trial shal I be except by: A. Settlement, in writing or on record; Written agreement/motion continuance of all parties, with consent of C. A motion for continuance timely tiled under Rules Civil Procedure with consent the court;
No trial shal I be except by: A. Settlement, in writing or on record; Written agreement/motion continuance of all parties, with consent of C. A motion for continuance timely tiled under Rules Civil Procedure with consent the court;
Page 17 | RULE 3.28 CONTINUANCES
Chambers Communication Rules
As a condition of release, defendant and defense attorney is to keep District or County Clerk apprised defendant's correct physical and at all the pendency criminal
As a condition of release, defendant and defense attorney is to keep District or County Clerk apprised defendant's correct physical and at all the pendency criminal
Page 35 | RULE 6.11 BOND AND BOND FORFEITURES
An attorney must call the affected judges about multiple conflicting settings as soon as the conflicts are known.
It is the of an attomey to call the affected judges' to all multiple as soon as they are known by
Page 36 | RULE 6.15 CONFLICTING SETTINGS
Attorneys and the mediator must bring any party's or attorney's failure to comply with the order to the court's attention.
Attorneys and the Mediator are ordered to bring to the attention the court any Failure of any party or attorney to comply with this order.
Page 44 | APPENDIX C — COMPLEX CASE DOCKET CONTROL & SCHEDULING ORDER (LR 3.33)
Attorneys with conflicting settings who expect to be late must notify the court coordinator and provide the listed conflict, contact, announcement, and appearance-time information as soon as the conflict becomes apparent.
2. Attorney to two courts for same date: A II attorneys having conflicts with other court settings who will late for call or other court or shall notify the court coord and of such contlict as soon as it apparent. shall state: a. The nature of the ict: b. Where counsel may reached; c. What announcement wishes to make: d. time that the Presiding Judge should expect counsel to personally
Page 10 | 3.18 CONFLICTING SETTINGS AND ASSIGNMENTS OFCOUNSEL
An attorney must call the judges about all dual settings as soon as they are known.
a. It is the duty of an attorney to call Judges' to all dual settings as soon as they are known.
Page 10 | 3.18 CONFLICTING SETTINGS AND ASSIGNMENTS OFCOUNSEL
Counsel must immediately notify the court coordinator and/or the court in connection with the matter described under Settlements.
Counsel shall immediately notify court coordinator and/or court of the the parties a notwithstanding that the IS over a weekend.
Page 19 | RULE 3.36 SETTLEMENTS
For further information about the voucher, call the Webb Pre-Trial Services Department.
L. Voucher can be located on-line at For further information, call the Webb Pre-Trial Services Department.
Criminal cases
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