Webb County District Courts Document Filing Requirements

CRITICALCivil cases

Applies to

Request for sign language interpreter

A hearing-impaired individual or their attorney must notify the court as soon as possible and before civil proceedings, making the request by formal written motion or on the record in open court.

Therefore, the hearing impaired individual or their attorney are responsible for asking for such service by notifying the court for the need for such service as soon as possible and in advance of any civil court proceedings. This request must be made by filing a formal written motion or on the record in open court.

CRITICALCivil cases

Applies to

Initial hearing documents

Parties in a SAPCR or divorce case must bring the specified earnings and tax documents to the initial hearing.

The parties are ORDERED to bring the following documents to the initial hearing conducted in a SAPCR and/or a Divorce Case: - 1. Copies of the most recent pay stubs; and - 2. Copies of the parties' W-2s 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.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach a copy of the order to the original petition and every copy of the petition.

The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.

CRITICALCivil cases

Applies to

Petition

When the petition is filed, the Clerk must ensure a copy of the order is attached to the petition and each copy presented.

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.

CRITICALCriminal cases

Applies to

Community supervision application

The community-supervision application includes a sworn statement by the defendant affirming that its facts are true and correct.

Before me, the undersigned authority, on this day personally appeared _____, who having been by me first duly sworn, upon oath deposes and says that he/she is the defendant in the above and forgoing application for community supervision, and the facts therein stated are true and correct.

CRITICALCriminal cases

Applies to

Exhibit a

Exhibit A records the defendant’s fingerprints and certifies that they were taken by the Bailiff or Sergeant at Arms in the Deputy District Clerk’s presence.

My fingerprints are taken by the Bailiff and/or Sergeant at Arms in the presence of the Deputy District Clerk. _____ Defendant I hereby certify that in accordance with Article 42.01 of the Texas Code of Criminal Procedure that I caused the Defendant, _____, place his fingerprints in the space provided below.

CRITICALCriminal cases

Applies to

Judgment of guilt or other appealable order

The trial court must enter a certification of the defendant’s right to appeal whenever it enters a judgment of guilt or other appealable order.

The trial court shall enter a certification of the defendant's right to appeal in every case in which it enters a judgment of guilt or other appealable order.

CRITICALCivil cases

Applies to

Exhibits

Exhibits must be presented for inspection at the final pre-trial conference, and an exhibit list must be provided to opposing counsel.

All Exhibits must be presented for inspection at the Final Pre-Trial Conference and a list of Exhibits must be provided to opposing counsel at the Final Pre-Trial.

CRITICALCivil cases

Applies to

Plaintiff expert witness designation

The plaintiff must designate testifying experts by the set date and provide their reports, curricula vitae, names, addresses, and the information and materials required by Texas Rule of Civil Procedure 195.5.

_______________ PLAINTIFF’S EXPERT WITNESS DESIGNATION. Plaintiff’s testifying expert witnesses must be designated by this date and provide reports and curriculum vitae. Include each expert’s name, address, and all information and materials required under Tex. R. Civ. P. 195.5.

CRITICALCivil cases

Applies to

Defendant expert witness designation

The defendant must designate testifying experts by the set date and provide their reports, curricula vitae, names, addresses, and the information and materials required by Texas Rule of Civil Procedure 195.5.

_______________ DEFENDANT’S EXPERT WITNESS DESIGNATION. Defendant’s testifying expert witnesses must be designated by this date and provide reports and curriculum vitae. Include each expert’s name, address, and all information and materials required under Tex. R. Civ. P. 195.5.

CRITICALCivil cases

Applies to

Notice of intent to use discovery affidavits

The notice of intent to use discovery affidavits under Texas Civil Practice and Remedies Code §18.001 must be filed with the clerk and served on the opposing party by the affidavit deadline.

______________ AFFIDAVIT DEADLINE. Notice of Intent to use Discovery Affidavits pursuant to §18.001 of the Texas Civil Practice & Remedies Code must be filed with the Clerk of the Court and served on the opposing party.

CRITICALCivil cases

Applies to

Counter affidavit

Counter-affidavits under Texas Civil Practice and Remedies Code §18.001 must be filed with the clerk by the counter-affidavit deadline.

______________ COUNTER-AFFIDAVIT DEADLINE. Counter Affidavits pursuant to §18.001 pf the Texas Civil Practice & Remedies Code must be filed with the Clerk of the Court and served on the opposing party.

CRITICALCivil cases

Applies to

Order of appointment

If the parties agree on a mediator who is available before the ADR deadline, they must submit an Order of Appointment to the court.

If the parties agree on a mediator who is available before the ADR deadline, the parties shall submit an Order of Appointment to the Court.

CRITICALCivil cases

Applies to

Contested motion

Must include

certificate of conference

Contested motions other than dispositive motions in civil and family law cases must include a Certificate of Conference.

As per Local Rule 3.26, a Certificate of Conference is required on all contested motions, other than dispositive motions, filed in civil and family law cases.

CRITICALCriminal cases

Applies to

Motion

Counsel must notify the judge of the defendant’s hearing impairment by filed written motion or on the record.

An attorney representing a hearing-impaired criminal defendant shall bring his/her client's disability to the attention of the judge by written motion filed with the court or on the record.

CRITICALCriminal cases

Applies to

Motion

Defense counsel must notify the court, by written motion or on the record, when interpreter services will be needed for a status conference, hearing, or other judicial proceeding.

In accordance with the Code of Criminal Procedure, the criminal defense attorney shall notify the court by written motion or on the record that interpreter services will be needed for any status conference, hearing, or any other judicial proceeding.

CRITICALCriminal cases

If a defendant is to be placed on probation and the hearing impairment may affect compliance, the probation officer must notify the court in writing or on the record.

If a criminal defendant is to be placed on probation, the probation officer for the criminal defendant shall notify the court in writing, or on the record, if the criminal defendant's hearing impairment will in any way affect his or her ability to meet all conditions of probation.

CRITICALCriminal cases

The probation officer must inform the court of available alternative programs that would allow the defendant to participate in all probation programs.

The probation officer for the criminal defendant shall also inform the court of any available alternative programs that would allow the criminal defendant to participate in all probation programs.

CRITICALCriminal cases

Applies to

Felony complaint

Must include

case number

The original felony complaint must bear the unique file number.

B. The unique file number shall be placed on the original complaint presented and the district clerk shall open the district court felony case file provided for in Rule 6.02 A.

CRITICALCriminal cases

Applies to

Indictment

The Criminal District Attorney must note the defendant’s other pending indicted causes and re-indictment status, any co-defendants’ names, and the tracking number or assigned unique file number on a non-substantive part of the indictment.

F. The Criminal District Attorney shall note on a non-substantive part of the indictment the following information. (1) Whether there are other pending indicted causes on the defendant; whether the indictment is a re-indictment; (2) The names of any Co-defendants; (3) The tracking number and/or assigned unique file number.

CRITICALCriminal cases

Applies to

Bond

The district attorney’s office must file a copy of the bond in the criminal case file when an information is filed or an indictment is returned.

The district attorney's office shall file a copy of the bond in the criminal case file when the information is filed or indictment is returned.

CRITICALCriminal cases

Applies to

Case transfer order

A criminal case may be transferred to another court with jurisdiction, subject to the transferee judge’s approval and by written order.

Subject to the approval of the transferee judge, any criminal case may be transferred to another court having jurisdiction by written order.

CRITICALCriminal cases

Applies to

Arraignment notice

The District or County Clerk must file a copy of the correspondence or notice placed in the mail in each defendant’s case.

The District or the County Clerk shall file a copy the correspondence or notice placed in the mail in each defendant's case.

CRITICALCriminal cases

Applies to

Arraignment waiver statement

Where the court allows waiver, a defendant may waive arraignment only by filing a statement on a court-approved form by the day before the scheduled arraignment.

Where allowed by the court in which an indictment is filed, a defendant may waive arraignment only by filing a statement on a form approved by the courts no later than the day before arraignment is scheduled.

CRITICALCriminal cases

Applies to

Certificate

If no conference was held, counsel must use the specified certificate wording detailing the opposing counsel, contact attempts, and why the attorneys could not confer.

(b) No Conference Held. “I, undersigned counsel, hereby certify to the court that a conference was not held with (name of opposing counsel/s) on the merits of this motion because I attempted to contact (name of opposing counsel) as follows (dates, times, methods of contact, and results of the attempts made all detailing why the attorneys were unable to confer on the merits of the motion/s).”

CRITICALCriminal cases

Applies to

Certificate

When a conference was held but no agreement was reached, counsel must certify the conference dates, opposing attorney, and lack of agreement using the specified wording.

(a) No Agreement. “I, undersigned counsel, hereby certify to the court that a conference was held on (insert date or dates) with (insert name of attorney) on the merits of this motion. An agreement could not be reached. Therefore, it is presented to the Court for determination.”

CRITICALCriminal cases

Applies to

Certificate

When counsel reaches agreement, counsel must use the specified certificate wording and submit the agreed order bearing counsel’s and the defendant’s signatures for court approval.

(c) Agreement Reached. “I, undersigned counsel, hereby certify to the court that I have conferred with opposing counsel in an effort to resolve issues contained in this motion without the necessity of court intervention, and opposing counsel and I have reached an agreement. Our signatures and that of the defendant have been placed on the agreed order and are respectfully submitted to the Court for approval.”

CRITICALCriminal cases

Applies to

Notice of appearance

Immediately upon employment or court appointment, defense counsel must give written appearance notice to the district attorney and the district or county clerk with the specified case and defendant information.

A. Enter an Appearance of Record. Immediately upon employment or upon court appointment the defense attorney shall give written notice to the district attorney and the district and/or county clerk stating the name of the accused, the date of and the offense(s) charged, tracking number, the unique case file and cause number, if known.

CRITICALCriminal cases

Applies to

Written information

The bond schedule applies unless the District Attorney provides the respective court written information justifying an exception.

C. Bonds may be set on each criminal case in accordance with the Bond Schedule adopted jointly by the district and county judges, unless the District Attorney furnishes information in writing to the respective court justifying an exception.

CRITICALCriminal cases

Applies to

Pretrial motion

Must include

proposed order, certificate of service, certificate of conference

Each pre-trial motion set for hearing must include the specified relief, facts, argument, signatures or oath when required, certificates, notice, and proposed order.

C. Requirements for Motion. Each pre-trial motion that is set for hearing must: (1) succinctly state the relief sought; (2) the facts pertinent to the motion; (3) supporting argument with authorities; (4) must be signed by counsel and, where required, by the defendant; (5) must be sworn to when required; (6) must contain a certificate of service; (7) must contain a certificate of consultation with opposing counsel and a statement that the matter raised in the motion was not resolved that conforms with 6.09 D below; (8) must contain a notice the motion will be presented to the Court at the pretrial hearing with or without evidence; and (9) must contain a proposed order granting or denying the motion in full or in part.

CRITICALCriminal cases

Applies to

Motion

Must include

certificate of conference

Counsel must use the applicable certificate-of-conference form listed in the rule.

For the purposes of this rule, counsel shall use one of the “certificate of conference” forms listed below that applies.

CRITICALCriminal cases

Applies to

Affidavit to release surety

A surety seeking release from liability on a bail bond must complete the Affidavit to Release Surety and present it to the District Judge assigned to the defendant’s case.

D. Sureties requesting a release on their liability on a Bail bond must complete the Affidavit to Release Surety and present the completed affidavit to the District Judge that the Defendant’s case is assigned to.

CRITICALCivil cases

Applies to

Initial hearing documents

For the initial hearing in a SAPCR or divorce case, the parties must bring their most recent pay stubs, W-2s for the two preceding years, and tax returns with schedules for those years.

The parties are ORDERED to bring the following documents to the initial hearing conducted in a SAPCR 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 filing of the litigation; and - 3. Income tax returns, together with all schedules, for the two years preceding the filing of the litigation.

CRITICALCivil cases

Applies to

Petition

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

1. 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

Motion

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

Counsel must submit to the court, by the specified date, a list of companies affiliated with the parties and all 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.

CRITICAL

Applies to

Original complaints

The original complaints must be collected daily and filed with the County or District Clerk according to the accused's unique number.

Magistrate's officer shall col the original complaints and Magistrate's daily and fi Ie them with County or Clerk according to accused's unique number.

CRITICAL

Applies to

Appearance of counsel

Counsel may not appear unless an appearance has been filed or made of record.

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

CRITICAL

Applies to

Motion

An attorney who has appeared in a case may withdraw only by filing a motion approved by the court.

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

CRITICAL

A non-jury trial must include proposed findings of fact that do not repeat uncontested facts and conclusions of law, with authority.

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

CRITICAL

Applies to

Electronically transmitted document

Electronically transmitted documents must comply with Texas filing requirements, be individually signed, include the filer’s specified identification and contact information, and be legible when transmitted.

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.

CRITICAL

Applies to

Electronic transmission

Each electronic transmission must include a cover sheet identifying the sender and transmitted documents, with concise instructions and complete information authorizing payment of court costs.

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

CRITICAL

Applies to

Motion

Must include

certificate of conference

A motion set for hearing must be accompanied by a certificate of conference in one of the forms provided.

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

Motion

Must include

proposed order

An unopposed motion may state that status conspicuously on its face, and a proposed order for the requested relief must accompany it; the court may require a hearing if it considers granting the motion not in the interest of ... .

If any motion is unopposed by all counsel on record. [sic] may simply so state conspicuously on the face of the motion. In such event, the motion will be submitted by the clerk to judge and will be granted without a hearing unless the judge is of the view that the granting of such motion is not in the interest of ... proposed the relief shall accompany the motion.

CRITICAL

Applies to

Exhibit and witness lists

The parties are required to exchange exhibit and witness materials for the final hearing and make exhibits available for inspection upon reasonable notice and request.

All are required to exchange Exhibit and Witness at the Final are required to their exhibits for' or on any other upon reasonable notice and request.

CRITICAL

Applies to

Trial exhibits

Each attorney must prepare trial exhibits and provide a copy to the court and opposing counsel before trial.

Each attorney shall prepare a trial exhibits provide the court opposmg a copy of this I prior to trial.

CRITICAL

Applies to

Initial hearing submission

The parties must bring their most recent pay stubs, W-2s for the two years preceding filing, and tax returns with schedules for those two years to the initial hearing.

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.

CRITICAL

Applies to

Petition

The petitioner must attach a copy of the order to the original petition and each copy, and the Clerk must ensure the order 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

Temporary hearing

In the specified temporary-hearing matters, the parties must exchange documents before the hearing, including sworn monthly income-and-expense statements and federal tax returns.

4.14 INFORMATION AND DISCLOSURE Unless to by the or cause court approval, in any for temporary which child support or support is an the parties shall and exchange the documents prior to the commencement the hearing: 1. A sworn statement of the usual and ordinary monthly mcome and expenses; 2. s federal tax returns for the two

CRITICAL

Applies to

Inventory

The inventory must identify items and liabilities, include periodic-payment and creditor details, and characterize property claimed as separate property.

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.

CRITICAL

A certificate of compliance with the provision must be filed with the court.

e the court a certificate compliance is provision.

CRITICAL

Applies to

Miscellaneous case documents

The attorney must forward miscellaneous case-related documents upon receipt for filing with the District or County Clerk under the accused's unique number.

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.

CRITICAL

Applies to

Bond

A copy of the bond must be filed in the criminal case file when the information is filed or the indictment is returned.

office shall tile a copy the bond criminal case file when the information is filed or indictment is

CRITICAL

Applies to

Motion

Must include

proposed order, certificate of conference

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

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

Motion

Must include

certificate of conference

The required contact attempts must occur during regular business hours over at least two days, and counsel must use one of the listed certificate-of-conference forms.

Those required aHem shall be made during regu business hours during a period of at least two days. Fort the purposes this ru counsel shall use one of the "certi con forms I isted that ies.

CRITICAL

Applies to

Notice of appearance

Defense counsel must enter an appearance immediately upon employment or court appointment.

Enter an Appearance Immediately upon employment or upon court appointment the defense

CRITICAL

Applies to

Pretrial order

The Pre-Trial Order must be completed, executed, and filed by the specified date, or the parties must appear for a conference on the specified date.

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.

CRITICAL

Applies to

Pretrial order

Trial motions, jury questions and instructions, and the Joint Pre-Trial Order Form must be filed before the Final Pre-Trial Conference Date.

(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.

CRITICAL

Applies to

Exhibits

All Exhibits must be presented inspection ;w.u.~u..:t.;D .........,,""'" the Final Pre-Trial Conference and a list of the and marked Exhibits must be counsel and the Court one week before the Final Pre-Trial

All Exhibits must be presented inspection ;w.u.~u..:t.;D .........,,""'" the Final Pre-Trial Conference and a list of the and marked Exhibits must be counsel and the Court one week before the Final Pre-Trial

CRITICAL

Applies to

Brief written statement

Three before the conference, counsel must submit a brief written statement to the court addressing a preliminary assessment of the facts and critical factual and legal issues; it is not filed with the clerk, is nonbinding, and may not be offered into evidence as stated in the source.

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

CRITICAL

Applies to

Joint final pretrial report

The joint final pretrial report must include the specified case, jurisdiction, motion, party-contention, fact, and legal-proposition information.

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 3. JURISDICTION. Briefly specify the jurisdiction of the subject matter and the parties. If there is an unresolved question, state it. 4. MOTIONS. List pending motions. 5. CONTENT10NS OF THE PARTIES. State in paragraphs each party's claims. 6. ADMISSIONS OF FACT. List all facts that no proof 7. CONTESTED ISSUES OF FACT. List all material facts in 8. AGREED PROPOSITIONS OF LA W. List the legal propositions that are not in dispute. 9. CONTESTED PROPOSITIONS OF LA W. State briefly the unresolved of law. with authori ties to support each.

CRITICAL

Applies to

Joint final pretrial report

The report must include two exhibit lists on a form similar to the clerk's form, and exhibits must be made available to opposing counsel for examination.

10. EXHIBITS. 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.

CRITICAL

Applies to

Joint final pretrial report

The report must list potential witnesses' names and addresses, briefly describe the nature of their testimony, and include the qualifications of expert witnesses.

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.

CRITICAL

The document must state that settlement efforts are exhausted, the case cannot be settled, and trial is necessary.

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

14. ATTACHMENTS. Include these required attachments: a. For a jury trial: proposed (incl instructions, definitions, and with authority).

14. ATTACHMENTS. Include these required attachments: a. For a jury trial: proposed (incl instructions, definitions, and with authority).

CRITICALCivil cases

Applies to

Exhibits and witness lists

Exhibits and witness lists must be presented for inspection at the final pre-trial conference, and the list must be provided to opposing counsel then.

All Plaintiffs and Respondents Exhibits and Witness Lists must be presented for inspection at the Final Pre-Trial Conference and the list must be provided to opposing counsel at the Final Pre-Trial.

CRITICAL

Applies to

Appointment report

Within one month after completing an appointment, the appointee must report the specified billing, compensation, and compensation-source information to the Office of the 49th District Court.

I understand that I have a duty to report back to the Office of the 49th District Court within 1 month of the completion of my appointment the following: 1. The number of hours I bill and my hourly rate or my flat fee arrangement in each case in which I am appointed; 2. The total amount of compensation paid to me in each case in which I am appointed; and 3. The source of my compensation.

CRITICAL

Applies to

Appointment application

The completed form must be returned to the specified judge at the listed address or by email.

* Return this form to: Joe Lopez, 49th District Court Judge, 1110 Victoria Street, Ste. 304, Webb County Justice Center, Laredo, Texas 78040 or email to: lrogerio@webbcountytx.gov

CRITICALCriminal cases

Applies to

Motion

The defendant’s attorney must notify the judge of the disability by a written motion filed with the court or on the record.

An attorney representing a hearing-impaired criminal defendant shall bring his/her client's disability to the attention of the judge by written motion filed with the court or on the record.

CRITICALCriminal cases

Applies to

Motion

The criminal defense attorney must notify the court by written motion or on the record when interpreter services are needed for a status conference, hearing, or other judicial proceeding.

In accordance with the Code of Criminal Procedure, the criminal defense attorney shall notify the court by written motion or on the record that interpreter services will be needed for any status conference, hearing, or any other judicial proceeding.

CRITICALCriminal cases

Applies to

Notice

If a defendant is to be placed on probation, the probation officer must notify the court in writing or on the record if the hearing impairment will affect the defendant’s ability to meet probation conditions.

If a criminal defendant is to be placed on probation, the probation officer for the criminal defendant shall notify the court in writing, or on the record, if the criminal defendant's hearing impairment will in any way affect his or her ability to meet all conditions of probation.

CRITICALCriminal cases

Applies to

Notice

The probation officer must inform the court of available alternative programs that would allow the defendant to participate in all probation programs.

The probation officer for the criminal defendant shall also inform the court of any available alternative programs that would allow the criminal defendant to participate in all probation programs.

CRITICALCivil cases

Applies to

Citation

Non-jury cases are automatically set for trial by the District Clerk, and the trial date must be provided in writing to the Respondent and attached to the citation.

2. Non-jury Cases: The cases shall be automatically set for trial by the Webb County District Clerk, subject to the dates previously provided by each Court. The trial date shall be provided in writing to Respondent and attached to the citation.

CRITICALCivil cases

Applies to

Jury request

In jury cases, a written jury request and the required fee must be filed and paid 30 days before trial.

3. Jury Cases: A written jury request and the fee must be filed and paid thirty (30) days before the trial date.

CRITICALCivil cases

Applies to

Divorce decree

The petitioner’s attorney must prepare and submit the Bureau of Vital Statistics form and divorce decree, unless the respondent’s attorney agrees to do so.

(a) Petitioner’s attorney shall prepare and submit the Bureau of Vital Statistics form and the divorce decree, unless Respondent’s attorney agrees to prepare and submit the same.

CRITICALCivil cases

Applies to

Order of assignment of wages

The support-receiving party’s attorney must file a wage-assignment order that conforms to the divorce decree, is completed with the employer and payment amounts, and includes notice to the employer and a request for issuance of the withholding order.

The support-receiving parties’ attorney shall be responsible for filing the order of assignment of wages. This order shall conform to the decree of divorce and must be properly completed, particularly as it relates to the employer and the amount to be paid weekly, biweekly, and monthly. Further, no order assigning wages is complete unless accompanied by notice to the employer and request for issuance of the order withholding.

CRITICALCivil cases

Applies to

Case documents

Before the hearing, all cases must have on file the Bureau of Vital Statistics form, with the hearing date left to be filled in on the hearing date, and the wage-assignment order with monetary amounts left blank; no exceptions are allowed.

(c) Before the date of hearing, all cases must have on file the Bureau of Vital Statistics form, (except date of hearing which will be filled in on date of hearing) and the order of assignment of wages. (Leave blank spaces for monetary amounts). There will be no exceptions.

CRITICALCivil cases

Applies to

Initial hearing documents

Parties must bring recent pay stubs, W-2s for the two preceding years, and tax returns with schedules for the two preceding years to the initial hearing.

The parties are ORDERED to bring the following documents to the initial hearing conducted in a SAPCR 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 filing of the litigation; and 3. Income tax returns, together with all schedules, for the two years preceding the filing of the litigation.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach a copy of the order to the original petition and every copy of the petition.

The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.

CRITICALCivil cases

Applies to

Petition

When the petition is filed, the Clerk must ensure a copy of the order is attached to the petition and every copy presented.

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.

CRITICALCivil cases

Applies to

Inventory

Each inventory must provide the listed property, liability, separate-property, employment-benefit, retirement-plan, valuation, and net-worth information, including the specified exhibit and summary.

Each inventory shall list each items of property and its value, and shall also list each liability, together with the 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. All beneficial interest in insurance and all benefits arising from a party’s employment (such as pensions, profit sharing plans, savings or thrift plans, whether vested on non-vested) shall be identified. Each party shall incorporate as an exhibit to the inventory the last information furnished about to the employee’s rights and monetary interest in the retirement and saving plans. Each party shall also furnish sufficient information so the court may render a qualified domestic relations order, if applicable. A summary attached to the inventory shall list and total, in columnar format, the property values and liabilities. Each inventory shall show the net worth of the community estate and the net worth of any claimed separate estate.

CRITICALCivil cases

Applies to

Inventory and appraisement

In disputed property-division cases, each attorney must file a sworn inventory and appraisement.

In disputed property division cases, each attorney shall file a sworn inventory and appraisement as set out in rule 4.17 of these local rules and shall submit to the Court and opposing counsel not later than the commencement of trial a proposed property division including property claimed or recognized as separate property.

CRITICALCivil cases

Applies to

Temporary orders hearing documents

Unless the parties agree otherwise or the court approves an exception for good cause, parties in temporary-orders hearings involving child or spousal support must complete and exchange the listed financial documents before the hearing begins.

Unless otherwise agreed to by the parties, or for good cause and court approval, in any hearing for temporary orders in which child support or spousal support is an issue, the parties shall complete and exchange the following documents prior to the commencement of the hearing: 1. A sworn statement of the household usual and ordinary monthly income and expenses; and 2. Copies of that party’s federal income tax returns for the two calendar years preceding the filing of the Original Petition or Suit Affecting Parent- Child Relationship; and 3. All payroll statements, pay stubs, W2 forms and 1099 forms, and all supporting schedules, and any other document evidencing any and all of that party’s earning for the calendar year immediately prior to the filing of the Original Petition for Divorce or Suit Affecting Parent-Child Relationship for child support (SAPCR) and from January 1 of the current year through the date of the final hearing; and 4. Copies of any financial statements prepared for any financial institution for the years prior to the first hearing from January 1 of the current year through the date of the final hearing.

CRITICALCivil cases

Applies to

Certificate

Must include

local rule certificate

The parties must file a certificate of compliance with the inventory-and-appraisement requirement.

The parties shall file with the court a certificate of compliance with this provision.

CRITICALCivil cases

Applies to

Ad litem appointment request

When an attorney or guardian ad litem is legally required, unless the parties agree otherwise or the court acts on its own motion, a written appointment request must be made to the Court Administrator.

In cases where attorneys or guardians ad-litem are required by law and unless otherwise agreed by the parties or on the court’s own motion, the request for appointment of same shall be made in writing to the Court Administrator who will supply the attorney’s name next appearing on the court’s rotating lists.

CRITICALCriminal cases

Applies to

Trial court certification

The trial court must enter a certification of the defendant’s right to appeal in every case resulting in a judgment of guilt or other appealable order.

The trial court shall enter a certification of the defendant's right to appeal in every case in which it enters a judgment of guilt or other appealable order.

CRITICALCivil cases

Applies to

Divorce decree and bureau of vital statistics form

The petitioner’s attorney must prepare and submit the Bureau of Vital Statistics form and divorce decree unless the respondent’s attorney agrees to do so.

(a) Petitioner’s attorney shall prepare and submit the Bureau of Vital Statistics form and the divorce decree, unless Respondent’s attorney agrees to prepare and submit the same.

CRITICALCivil cases

Applies to

Order of assignment of wages

The support-receiving party’s attorney must file a complete wage-assignment order conforming to the divorce decree, accompanied by notice to the employer and a request for issuance of the withholding order.

(b) The support-receiving parties’ attorney shall be responsible for filing the order of assignment of wages. This order shall conform to the decree of divorce and must be properly completed, particularly as it relates to the employer and the amount to be paid weekly, biweekly, and monthly. Further, no order assigning wages is complete unless accompanied by notice to the employer and request for issuance of the order withholding.

CRITICALCivil cases

Applies to

Disclosure

After disclosure, each party must reasonably supplement or amend information known to be incomplete, incorrect, or no longer true, no later than 30 days before the final hearing.

After disclosure is made pursuant to this rule, each party shall be under a duty to reasonably supplement or to amend the information it the party obtains information on the basis of which he or she knows that the information disclosed was either incomplete or incorrect when made, or is no longer complete or true. Each party shall reasonably supplement or amend the information no later than thirty (30) days prior to final hearing.

CRITICALCivil cases

Applies to

Child support information

In child-support suits, each parent must furnish the Court the information required by Section 154.063 of the Texas Family Code.

In all suits involving child support, each party who is a parent shall furnish to the Court the information described for determination of child support set out in Section 154.063, Texas Family Code, as amended.

CRITICALCivil cases

Applies to

Mediated settlement agreement

A mediated settlement agreement is binding only if it states that it is not subject to revocation and is signed by each party and by each party’s attorney who is present when it is signed.

A meditated settlement agreement shall be binding on the parties if the agreement states that it is not subject to revocation, it is signed by each party, and by each party’s attorney who is present at the time the agreement is signed.

CRITICALCivil cases

Applies to

Bureau of vital statistics form and order of assignment of wages

(c) Before the date of hearing, all cases must have on file the Bureau of Vital Statistics form, (except date of hearing which will be filled in on date of hearing) and the order of assignment of wages. (Leave blank spaces for monetary amounts). There will be no exceptions.

(c) Before the date of hearing, all cases must have on file the Bureau of Vital Statistics form, (except date of hearing which will be filled in on date of hearing) and the order of assignment of wages. (Leave blank spaces for monetary amounts). There will be no exceptions.

CRITICALCivil cases

Applies to

Initial hearing submission

The parties must bring their most recent pay stubs, W-2s for the preceding two years, and tax returns with schedules for the preceding two years to the initial hearing.

The parties are ORDERED to bring the following documents to the initial hearing conducted in a SAPCR 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 filing of the litigation; and 3. Income tax returns, together with all schedules, for the two years preceding the filing of the litigation.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach this order to the original petition and each copy, and the Clerk must ensure the order 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.

CRITICALCivil cases

Applies to

Property division proposal

In disputed property division cases, each attorney must file a sworn inventory and submit a proposed property division, including claimed or recognized separate property, to the Court and opposing counsel by trial commencement.

In disputed property division cases, each attorney shall file a sworn inventory and appraisement as set out in rule 4.17 of these local rules and shall submit to the Court and opposing counsel not later than the commencement of trial a proposed property division including property claimed or recognized as separate property.

CRITICALCivil cases

Applies to

Temporary orders hearing materials

For temporary-order hearings involving child or spousal support, parties must complete and exchange the listed financial documents before the hearing, unless they agree otherwise or good cause is shown and the court approves.

Unless otherwise agreed to by the parties, or for good cause and court approval, in any hearing for temporary orders in which child support or spousal support is an issue, the parties shall complete and exchange the following documents prior to the commencement of the hearing: 1. A sworn statement of the household usual and ordinary monthly income and expenses; and 2. Copies of that party’s federal income tax returns for the two calendar years preceding the filing of the Original Petition or Suit Affecting Parent- Child Relationship; and 3. All payroll statements, pay stubs, W2 forms and 1099 forms, and all supporting schedules, and any other document evidencing any and all of that party’s earning for the calendar year immediately prior to the filing of the Original Petition for Divorce or Suit Affecting Parent-Child Relationship for child support (SAPCR) and from January 1 of the current year through the date of the final hearing; and 4. Copies of any financial statements prepared for any financial institution for the years prior to the first hearing from January 1 of the current year through the date of the final hearing.

CRITICALCivil cases

Applies to

Inventory

Each inventory must identify and value property and liabilities, characterize claimed separate property, provide specified employment and retirement information, include a columnar summary, and show the net worth of the community and any claimed separate estate.

C. Inventory. Each inventory shall list each items of property and its value, and shall also list each liability, together with the 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. All beneficial interest in insurance and all benefits arising from a party’s employment (such as pensions, profit sharing plans, savings or thrift plans, whether vested on non-vested) shall be identified. Each party shall incorporate as an exhibit to the inventory the last information furnished about to the employee’s rights and monetary interest in the retirement and saving plans. Each party shall also furnish sufficient information so the court may render a qualified domestic relations order, if applicable. A summary attached to the inventory shall list and total, in columnar format, the property values and liabilities. Each inventory shall show the net worth of the community estate and the net worth of any claimed separate estate.

CRITICALCivil cases

Applies to

Certificate of compliance

The parties must file a certificate of compliance with the inventory-and-appraisement requirement.

The parties shall file with the court a certificate of compliance with this provision.

CRITICALCivil cases

Applies to

Request for appointment

When an attorney or guardian ad litem is required by law, a written appointment request must be made to the Court Administrator unless the parties agree otherwise or the court acts on its own motion.

In cases where attorneys or guardians ad-litem are required by law and unless otherwise agreed by the parties or on the court’s own motion, the request for appointment of same shall be made in writing to the Court Administrator who will supply the attorney’s name next appearing on the court’s rotating lists.

CRITICAL

Applies to

Guideline order

For qualifying new cases, guideline orders must be submitted in writing and signed by all counsel of record by 5 p.m. on the day before Calendar Call.

5. There will be a new procedure for Calendar Call for all new cases filed after January 1, 2011. Calendar Calls will be moved to the morning dockets and will not require that attorneys be present if their selected trial dates are within 180-300 days from the guideline calendar call date; however; the guideline orders must be submitted to the court in writing and signed by all counsel of record by 5pm on the day prior to the Calendar Call.

CRITICAL

Applies to

Filed document

Documents must be file-marked by the District Clerk before the Court signs them.

14. All documents filed with the Court must be file-marked by the District Clerk before the court signs the same.

CRITICALCriminal cases

Applies to

Indictment

The Criminal District Attorney must note on a non-substantive part of the indictment whether the defendant has other pending indicted causes or the indictment is a re-indictment, the names of any co-defendants, and the tracking number and/or assigned unique file number.

F. The Criminal District Attorney shall note on a non-substantive part of the indictment the following information. (1) Whether there are other pending indicted causes on the defendant; whether the indictment is a re-indictment; (2) The names of any Co-defendants; (3) The tracking number and/or assigned unique file number.

CRITICALCriminal cases

Applies to

Waiver of arraignment

Where the court allows waiver, a defendant may waive arraignment only by filing a statement on a court-approved form by the day before arraignment.

Where allowed by the court in which an indictment is filed, a defendant may waive arraignment only by filing a statement on a form approved by the courts no later than the day before arraignment is scheduled.

CRITICALCriminal cases

Applies to

Motion to revoke probation

A motion to revoke probation must be filed in the court that granted probation, and a post-conviction habeas application must be filed in the court that entered judgment.

The Clerk shall file any motion to revoke probation or any post-conviction application for writ of habeas corpus in the Court having granted probation or entered the judgment in the case.

CRITICALCriminal cases

Applies to

Criminal case filed by information

The Clerk must randomly assign criminal cases filed by information at the county court at law level that were pending on or filed after June 1, 2010, as provided in the County Courts at Law orders.

As provided for in the County Courts at Laws’ orders, the Clerk shall randomly assign every criminal case filed by information at the county court at law level pending on or filed after June 1, 2010.

CRITICALCriminal cases

Applies to

New information

A new information against a defendant must be transferred to the court where the prior information was assigned.

Any new information against a defendant will be transferred to the court in which prior information was assigned.

CRITICALCriminal cases

Applies to

Refiled or amended information

A re-filed or amended information must be filed in the court where the prior information was assigned.

Any re-filed or amended information will be filed in the same court in which the prior information was assigned.

CRITICALCriminal cases

Applies to

Motion to revoke probation

A motion to revoke probation must be filed in the court that granted probation.

Any motion to revoke probation will be filed in the court having granted probation.

CRITICALCriminal cases

Applies to

Arraignment notice

The District or County Clerk must file in each defendant’s case a copy of the correspondence or notice placed in the mail.

The District or the County Clerk shall file a copy the correspondence or notice placed in the mail in each defendant's case.

CRITICALCriminal cases

Applies to

Pretrial motion

Must include

proposed order, certificate of service, certificate of conference

Each pre-trial motion set for hearing must state the requested relief, pertinent facts, and supporting argument and authorities; satisfy applicable signature and oath requirements; and include the specified certificates, notice, and proposed order.

C. Requirements for Motion. Each pre-trial motion that is set for hearing must: (1) succinctly state the relief sought; (2) the facts pertinent to the motion; (3) supporting argument with authorities; (4) must be signed by counsel and, where required, by the defendant; (5) must be sworn to when required; (6) must contain a certificate of service; (7) must contain a certificate of consultation with opposing counsel and a statement that the matter raised in the motion was not resolved that conforms with 6.09 D below; (8) must contain a notice the motion will be presented to the Court at the pretrial hearing with or without evidence; and (9) must contain a proposed order granting or denying the motion in full or in part.

CRITICALCriminal cases

Applies to

Certificate of conference

When counsel conferred but reached no agreement, the certificate must use the specified no-agreement wording.

(a) No Agreement. “I, undersigned counsel, hereby certify to the court that a conference was held on (insert date or dates) with (insert name of attorney) on the merits of this motion. An agreement could not be reached. Therefore, it is presented to the Court for determination.”

CRITICALCriminal cases

Applies to

Certificate of conference

When no conference was held, the certificate must use the specified wording and detail the contact attempts and why counsel could not confer.

(b) No Conference Held. “I, undersigned counsel, hereby certify to the court that a conference was not held with (name of opposing counsel/s) on the merits of this motion because I attempted to contact (name of opposing counsel) as follows (dates, times, methods of contact, and results of the attempts made all detailing why the attorneys were unable to confer on the merits of the motion/s).”

CRITICALCriminal cases

Applies to

Certificate of conference

When counsel reach agreement, the certificate must use the specified agreement wording and the agreed order must bear counsel's and the defendant's signatures for submission to the Court.

(c) Agreement Reached. “I, undersigned counsel, hereby certify to the court that I have conferred with opposing counsel in an effort to resolve issues contained in this motion without the necessity of court intervention, and opposing counsel and I have reached an agreement. Our signatures and that of the defendant have been placed on the agreed order and are respectfully submitted to the Court for approval.”

CRITICALCriminal cases

Applies to

Appearance notice

Immediately upon employment or appointment, defense counsel must give written notice to the district attorney and the district and/or county clerk with the specified case and defendant information.

A. Enter an Appearance of Record. Immediately upon employment or upon court appointment the defense attorney shall give written notice to the district attorney and the district and/or county clerk stating the name of the accused, the date of and the offense(s) charged, tracking number, the unique case file and cause number, if known.

CRITICALCriminal cases

Applies to

Affidavit to release surety

A surety requesting release from liability on a bail bond must complete the Affidavit to Release Surety and present it to the District Judge assigned to the defendant’s case.

Sureties requesting a release on their liability on a Bail bond must complete the Affidavit to Release Surety and present the completed affidavit to the District Judge that the Defendant’s case is assigned to.

CRITICAL

Applies to

Guideline order

Guideline orders must be submitted in writing and signed by all counsel of record by 5 p.m. on the day before Calendar Call.

however; the guideline orders must be submitted to the court in writing and signed by all counsel of record by 5pm on the day prior to the Calendar Call.

CRITICAL

Must include

certificate of conference

Certificates of conference are required when appropriate in civil and family law cases.

When appropriate Certificates of conference will be required on all civil and family law cases.

CRITICALCriminal cases

Applies to

Stipulation for evidence

The evidentiary waiver and consent to oral and written stipulations must be made in writing and in open court, with the Court’s written approval.

In accordance with Art. 1.13 C.C.P., I consent in writing and in open Court to waive and give up the right to appearance, confrontation and cross-examination of witnesses, and consent to oral and written stipulations of evidence, and this waiver and consent is approved in writing by the Court.

CRITICALCriminal cases

Applies to

Judicial confession

The judicial confession is sworn, made in writing and in open court, and states that the defendant read and understands the indictment and committed each alleged element.

Under oath, in writing and in open Court, I swear that I have read the indictment returned against me in this case; that I understand everything that it contains; and that I committed each and every element alleged.

CRITICALCriminal cases

Applies to

Judgment of guilt or appealable order

The trial court must enter a certification of the defendant’s right to appeal whenever it enters a judgment of guilt or another appealable order.

The trial court shall enter a certification of the defendant's right to appeal in every case in which it enters a judgment of guilt or other appealable order.

CRITICALCriminal cases

Applies to

Jury trial waiver

The jury-trial waiver is made in open court, joined by defense counsel and counsel for the State, and consented to and approved by the Court.

In accordance with Art. 1.13 C.C.P., in open Court, and joined by my attorney and counsel for the State, and with the consent and approval of the Court, I waive and give up any right to a jury trial in this case.

CRITICALCivil cases

Applies to

Contested divorce submission

In contested divorce cases, the petitioner's attorney or pro se petitioner must prepare and submit the proposed divorce decree and Bureau of Vital Statistics form under Rules 3.43 and 4.10.

B. Contested Divorce Actions - In contested divorce cases the petitioner's attorney, or pro-se petitioner, shall prepare and submit the proposed decree of divorce and the bureau of vital statistics form in with Rule 3.43 and 4.10.

CRITICALCivil cases

Applies to

Uncontested divorce submission

In uncontested divorce cases, the petitioner's counsel or pro se petitioner must submit the proposed divorce decree, Bureau of Vital Statistics form, wage assignment order, notice to employer, and income withholding order for support.

C. Uncontested Divorce Actions - In uncontested divorce cases, the petitioner's counsel or pro-se petitioner shall be responsible for submitting the proposed divorce decree, bureau of vital statistics form, assignment of wages order, notice to employer, order withholding income for support.

CRITICALCivil cases

Applies to

Order of assignment of wages

In divorce cases, the attorney for the party receiving child support must file a properly completed wage assignment order conforming to the divorce decree, including the employer and payment amount and frequency.

D. All Divorce Cases or Cases Ordering Child Support – In divorce cases the attorney for the party receiving child support shall file the order of assignment of wages, which will conform with the decree of divorce and must be properly completed, especially as it relates to the employer, amount to be paid weekly, biweekly, or monthly.

CRITICALCivil cases

Applies to

Order of assignment of wages

A wage assignment order must be accompanied by a notice to the employer and a request for issuance of the wage withholding order.

Further, no order of assigning wages is complete, unless accompanied by notice to employer and request for issuance of the order withholding wages.

CRITICALCivil cases

Applies to

Pretrial forms

Before the final trial date, all covered cases must have the Bureau of Vital Statistics form and wage assignment order on file, with the stated blanks left for completion.

Before the date of final trial, all cases must have on file the Bureau of Vital Statistics form (except for date of hearing which will be filled in on date of hearing) and the order for assignment of wages (leave blanks for monetary amounts).

CRITICALCivil cases

Applies to

Post divorce order

In post-divorce-decree matters, the prevailing party through counsel must submit the appropriate court-granted orders to the court and provide a copy to adverse counsel or the pro se party.

In all post divorce decree matters, ie., motions to modify, to enforce, etc., the prevailing party through their attorney shall submit the appropriate Orders as granted by the court, to the court, copy to adverse counsel, and/or pro se party, after which the court will process it for entry, as stated above.

CRITICALCivil cases

Applies to

Exhibit objection

The Court must be notified in writing of exhibit disputes, with copies of the disputed exhibit and supporting authority.

the Court will be notified in writing of disputes, with copies of the disputed exhibit and authority.

CRITICALCivil cases

The witness information must list potential witnesses’ names, addresses, and expected testimony, and include expert witnesses’ qualifications.

a. List the names and addresses of witnesses who may be called with a brief statement of the nature of their testimony. Include the qualifications of expert witnesses; these will be used to qualify the expert at trial.

CRITICALCivil cases

The witness information must include the quoted undertaking to report newly known witnesses to opposing counsel in writing, except rebuttal or impeachment witnesses.

b. Include: “If other witnesses to be called at the trial become known, their names, addresses and subject matter of their testimony will be reported to opposing counsel in writing as soon as they are known; this does not apply to rebuttal or impeachment witnesses.”

CRITICALCivil cases

The settlement section 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.

CRITICALCivil cases

The trial section must state the probable trial length and logistical problems, including witness availability, out-of-state people, bulky exhibits, and demonstrations.

13. TRIAL. State the probable length of trial; logistical problems including the availability of witnesses, out-of-state people, bulky exhibits and demonstrations.

CRITICALCivil cases

Applies to

Jury trial submission

A jury-trial submission must include a proposed charge with instructions, definitions, and special interrogatories, with authority.

a. For a jury trial: proposed charge (including instructions, definitions, and special interrogatories, with authority).

CRITICALCivil cases

Applies to

Non jury trial submission

A non-jury-trial submission must include proposed findings of fact that do not repeat 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 law, with authority.

CRITICALCivil cases

Applies to

Transmission cover sheet

Every electronic transmission must include a cover sheet identifying the sender, documents, and page count, with clear instructions and complete payment authorization or escrow information.

A cover sheet must accompany every transmission which shall: (a) clearly identify the sender, the documents being transmitted, and the number of pages; (b) have clear and concise instructions concerning issuance or other request; and (c) have complete information on the charge authorizing or escrow debit for court costs and fees.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

The motion must include a certificate that the movant conferred with opposing counsel in a good-faith effort to resolve the matter without court action.

unless it includes a certificate that the movant has conferred with opposing counsel in a good-faith effort to resolve the mater without court action.

CRITICALCivil cases

Applies to

Opposed motion

An opposed motion must state with particularity the relief or order sought.

Every opposed motion presented for filing shall state with particularity the relief or order sought.

CRITICALCivil cases

Applies to

Electronically transmitted document

Each electronically transmitted filing must be individually signed and include the signer’s State Bar number, if any, address, telephone number, and fax number.

Every document electronically transmitted for filing shall conform to the requirements for filing established by the Texas Rules of Civil Procedure, i.e., shall be on paper measuring approximately 8-1/2 x 11 inches, shall be signed individually by the party or the party’s attorney of record, and shall contain that individual’s State Bar of Texas identification number, if any, address, telephone number and fax number.

CRITICALCivil cases

Applies to

Non jury trial setting request

A request for a non-jury trial setting must be made by motion with an accompanying fiat and heard under Local Rule 3.19, or by a Rule 11 agreement approved by the Court.

All requests for non-jury trial settings shall be by motion with accompanying fiat and heard pursuant to Local Rule 3.19 or by Rule 11 agreement approved by the Court.

CRITICALCivil cases

Applies to

Pre trial guideline order

Every new trial setting must include submission of a new Pre-Trial Guideline Order; whether it includes new deadlines is subject to the Court’s discretion.

All new settings shall include the submission of a new Pre-Trial Guideline Order with/without new deadlines subject to the Court’s discretion.

CRITICALCivil cases

Applies to

Preferential setting motion

A motion for preferential setting must be written, verified, and specific.

Motions for preferential setting shall be written, verified and specific.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

No counsel for a party shall file, nor shall any clerk set for hearing, any motion unless accompanied with a “certificate of conference” signed by counsel for movant in one of the forms set out herein.

No counsel for a party shall file, nor shall any clerk set for hearing, any motion unless accompanied with a “certificate of conference” signed by counsel for movant in one of the forms set out herein.

CRITICALCivil cases

Applies to

Opposed motion

Must include

proposed order

Each opposed motion must be accompanied by a separate proposed order granting the relief sought.

A separate proposed order granting the relief sought shall accompany the motion.

CRITICALCivil cases

Applies to

Hearing setting fiat

Moving counsel seeking a hearing may submit a written hearing fiat or order to the case coordinator, and it must contain the specified case, hearing, signature, and time-estimate information.

Moving counsel seeking a hearing on a filed motion may submit a written fiat or order setting hearing to the Court coordinator in which the case is pending. The fiat or order setting hearing must: (1) specifically identify the cause number; (2) contain the style or caption; (3) state the matter to be heard; (4) identify the party requesting the hearing; (5) leave blank spaces for the time, day, and month for the requested hearing; (6) provide a signature line for the coordinator or the judge; (7) estimate the total amount of in-court time necessary to dispose of the matter; and (8) be served on all counsel of record at the same time and in the same manner that it is presented to the coordinator.

CRITICALCivil cases

Applies to

Hearing setting fiat

A hearing-setting fiat or order must include at least three proposed hearing dates and times ranked by preference and consistent with applicable Texas rules.

Included with the fiat or order setting hearing shall be at least three (3) proposed hearing dates and times by order of preference and in accordance with any applicable Texas Rules of Civil Procedure (e.g. 21, 87(1), 166a).

CRITICALCivil cases

Applies to

Discovery motion

Must include

proposed order, certificate of conference

A discovery motion must include a proposed order and certificate of conference pursuant to Local Rule 3.24.

Any motion for discovery may be treated as premature unless counsel for movant has: 1. Made a good faith effort to obtain such discovery or relief from opposing counsel by agreement; 2. Complied with the applicable Rules of Civil Procedure, and has been unsuccessful, or shows good cause for not making such an effort; and 3. Includes a proposed order and certificate of conference pursuant to Local Rule 3.24

CRITICALCivil cases

Applies to

Ex parte application

Every ex parte application must include a counsel-signed certificate stating one of the specified circumstances concerning representation or notice.

Every application for relief ex parte shall contain a certificate signed by counsel that: (1) to the best of his or her knowledge the party against whom relief is sought ex parte is not represented by counsel in the matter made the basis of the relief sought; (2) counsel for the party against whom relief is sought ex parte has been notified of the application and has stated whether he or she wishes to be heard; or (3) diligent attempts to notify counsel for the party against whom ex parte relief is sought have been unsuccessful, and the circumstances do not permit additional efforts to give notice.

CRITICALCivil cases

Applies to

Complex case

For a case designated complex by the Court, the parties must file a Complex Designation Order and submit a Complex Case Docket Control and Scheduling Order in the prescribed forms for approval.

If a case is designated as complex by the Court, the parties shall file a Complex Designation Order and submit a Complex Case Docket Control and Scheduling Order in the form prescribed in Appendixes B and C for the Court’s approval.

CRITICALCivil cases

Applies to

Certificate of progress

In Level 3 and designated Complex Cases, all parties must jointly submit a Certificate of Progress 60 days before the Final Pre-Trial Hearing addressing mediation, pending motions and proposed orders, discovery status, and anticipated hearing matters with estimated argument time.

In Level 3 and cases designated as Complex Cases pursuant to Local Rule 3.33, all parties are required to submit a joint Certificate of Progress to the Court 60 days before the Final Pre-Trial Hearing. The joint Certificate of Progress shall advise of the court: (1) the status of mediation; (2) all pending motions for which any party is requesting a ruling prior to the Final Pre-Trial Hearing and submit/re-submit any proposed orders thereon; (3) any outstanding discovery or concerns as to whether discovery will be completed prior to the discovery deadline; and (4) good faith identification of those matters for which the parties anticipate a need for hearing at the final pre-trial hearing and estimated time of argument on each dispute.

CRITICALCivil cases

Applies to

Joint final pre trial report

All parties must submit a Joint Final Pre-Trial Report on the approved form seven days before the final pre-trial hearing.

All parties are required to submit a Joint Final Pre-Trial Report seven days before the final pre-trial hearing on the approved form for the Webb County District Courts and the County Courts. See Appendix E

CRITICALCivil cases

Applies to

Trial exhibits

Each attorney must pre-mark and identify trial exhibits by the date ordered by the court.

Each Attorney shall pre-mark and identify their exhibits prior to trial by the date ordered by the court.

CRITICALCivil cases

Applies to

Trial exhibit list

Each attorney must prepare a trial exhibit list and provide a copy to the court and opposing counsel before trial.

Each attorney shall prepare a list of trial exhibits and provide the court and opposing counsel a copy of this list prior to trial.

CRITICALCivil cases

Applies to

Proposed jury questions and instructions

Attorneys with cases on the jury docket must report at 8:15 a.m. on the trial and jury-selection date and submit written proposed initial jury questions or instructions with supporting legal authorities, unless ordered to submit them earlier.

Attorneys whose cases are on the jury docket shall report to court at 8:15 a.m. on the date set for trial and jury selection and submit to the court, in proper written form, their proposed initial jury questions/instructions, and legal authorities in support of same, unless ordered to do so earlier.

CRITICALCivil cases

Applies to

Order and judgment

A. All Cases - The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.

A. All Cases - The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.

CRITICALCivil cases

Applies to

Pleading

Every party pleading must be properly titled.

A. Miscellaneous Pleadings - Every pleading of a party shall be properly titled.

CRITICALCivil cases

Applies to

Motion and order

A motion and its order must be properly identified, such as with titles identifying the motion and corresponding order.

The motion and order must be properly identified, e.g. "Plaintiff's Motion for Summary Judgment" and "Order Setting Plaintiff's Motion for Summary Judgment."

CRITICALCivil cases

Applies to

Order or judgment

The order or judgment must direct the district clerk on disposition of the funds and include identifying and contact information for all interested parties.

attorneys ad litem to make certain that the order or judgment instructs the district clerk about the disposition of the monies. Any order or judgment filed under this section shall also include the names, social security numbers, addresses and phone numbers of all interested parties.

CRITICALCivil cases

Applies to

Written statement

Counsel must submit a brief preliminary factual and legal issues statement to the court three days before the conference; it is not filed with the clerk, is nonbinding, does not waive claims or defenses, and cannot be offered against a party as evidence.

Three days before the conference, counsel will submit to the court a brief written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues. These statements will not be filed with the clerk, will not be binding, will not waive claims or defenses, and may not be offered into evidence against a party in this proceeding or in any later proceedings.

CRITICALCivil cases

Applies to

List

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

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

CRITICALCivil cases

Applies to

Joint final pretrial report

The joint final pretrial report must include the specified appearances, case statement, jurisdiction, motions, party contentions, admitted and contested facts, and agreed and contested legal propositions.

1. APPEARANCE OF COUNSEL. List each party, its counsel, and counsel’s address and telephone number in separate paragraphs. 2. STATEMENT OF THE CASE. Give a brief statement of the case, one that the judge could read to the jury panel for an introduction to the facts and parties; include names, dates, and places. 3. JURISDICTION. Briefly specify the jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state it. 4. MOTIONS. List pending motions. 5. CONTENTIONS OF THE PARTIES. State concisely in separate paragraphs each party’s claims. 6. ADMISSIONS OF FACT. List all facts that require no proof. 7. CONTESTED ISSUES OF FACT. List all material facts in controversy. 8. AGREED PROPOSITIONS OF LAW. List the legal propositions that are not in dispute. 9. CONTESTED PROPOSITIONS OF LAW. State briefly the unresolved questions of law, with authorities to support each.

CRITICALCivil cases

Applies to

Joint final pretrial report

Each party must attach two lists of all exhibits expected to be offered, using a form similar to the clerk’s form.

a. On a form similar to the one provided by the clerk, each party will attach two lists of all exhibits expected to be offered

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach a copy of the order to the original petition and every copy of it.

The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.

CRITICALCivil cases

Applies to

Petition

When the petition is filed, the Clerk must ensure a copy of the order is attached to the petition and every copy presented.

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.

CRITICALCivil cases

Applies to

Initial hearing documents

For an initial hearing in a SAPCR and/or divorce case, the parties must bring their most recent pay stubs, W-2s for the preceding two years, and tax returns with schedules for the preceding two years.

The parties are ORDERED to bring the following documents to the initial hearing conducted in a SAPCR 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 filing of the litigation; and - 3. Income tax returns, together with all schedules, for the two years preceding the filing of the litigation.

CRITICALCivil cases

Applies to

Joint certificate of progress

In Level 3 and complex-designated cases, all parties must submit a joint Certificate of Progress to the Court 60 days before the Final Pre-Trial Hearing.

In Level 3 and cases designated as Complex Cases pursuant to Local Rule 3.33, all parties are required to submit a joint Certificate of Progress to the Court 60 days before the Final Pre-Trial Hearing.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A motion must include a certificate that the movant conferred with opposing counsel in good faith to resolve the matter without court action.

unless it includes a certificate that the movant has conferred with opposing counsel in a good-faith effort to resolve the mater without court action.

CRITICALCivil cases

Applies to

Exhibit authentication objection

A party disputing an exhibit’s authenticity must notify offering counsel in writing within five days after the exhibit is listed and made available; otherwise, failure to object in writing before trial concedes authenticity.

b. A party requiring authentication of an exhibit must notify the offering counsel in writing within five (5) days after the exhibit is listed and made available; failure to object in advance of trial in writing concedes authenticity.

CRITICALCivil cases

Applies to

Exhibit admissibility objection

Other exhibit admissibility objections must be made, within reason, at least three days before trial, and disputes must be reported to the Court in writing with the disputed exhibit and supporting authority.

c. Within reason, other objections to admissibility of exhibits must be made at least three (3) days before trial; the Court will be notified in writing of disputes, with copies of the disputed exhibit and authority.

CRITICALCivil cases

Applies to

Motion

An opposed motion presented for filing must state specifically the relief or order sought.

Every opposed motion presented for filing shall state with particularity the relief or order sought.

CRITICALCivil cases

Applies to

Complex designation order

If the Court designates a case as complex, the parties must file a Complex Designation Order for the Court’s approval.

If a case is designated as complex by the Court, the parties shall file a Complex Designation Order and submit a Complex Case Docket Control and Scheduling Order in the form prescribed in Appendixes B and C for the Court’s approval.

CRITICALCivil cases

Applies to

Agreed pre trial guideline order

The parties need not appear at the entry hearing if all parties submit the approved-form Agreed Pre-Trial Guideline Order and the court approves it before the hearing date.

If all parties to the litigation submit an Agreed Pre-Trial Guideline Order on the approved form by the Webb County District Courts and County Courts at Law and the respective court approves same prior to the hearing date, then the parties do not need to appear at the hearing for Entry of Pre-Trial Guideline Order.

CRITICALCivil cases

Each electronically transmitted filing must be individually signed by the party or the party’s attorney of record and contain that person’s State Bar identification number, if any, address, telephone number, and fax number.

Every document electronically transmitted for filing shall conform to the requirements for filing established by the Texas Rules of Civil Procedure, i.e., shall be on paper measuring approximately 8-1/2 x 11 inches, shall be signed individually by the party or the party’s attorney of record, and shall contain that individual’s State Bar of Texas identification number, if any, address, telephone number and fax number.

CRITICALCivil cases

Every transmission must include a cover sheet identifying the sender, transmitted documents, and page count; giving clear, concise instructions; and providing complete charge-authorization or escrow-debit information.

A cover sheet must accompany every transmission which shall: (a) clearly identify the sender, the documents being transmitted, and the number of pages; (b) have clear and concise instructions concerning issuance or other request; and (c) have complete information on the charge authorizing or escrow debit for court costs and fees.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A motion must be accompanied by a certificate of conference signed by movant’s counsel in one of the prescribed forms.

No counsel for a party shall file, nor shall any clerk set for hearing, any motion unless accompanied with a “certificate of conference” signed by counsel for movant in one of the forms set out herein.

CRITICALCivil cases

Applies to

Motion

A request for a non-jury trial setting must be made by motion accompanied by a fiat.

All requests for non-jury trial settings shall be by motion with accompanying fiat

CRITICALCivil cases

Applies to

Pre trial guideline order

Every new trial setting must include submission of a new Pre-Trial Guideline Order; the Court has discretion over whether it includes new deadlines.

All new settings shall include the submission of a new Pre-Trial Guideline Order with/without new deadlines subject to the Court’s discretion.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A motion must be accompanied by a separate proposed order granting the requested relief.

A separate proposed order granting the relief sought shall accompany the motion.

CRITICALCivil cases

Applies to

Hearing setting order

A hearing-setting fiat or order must include the listed case, hearing, requesting-party, scheduling, signature, and time-estimate details, and must be served on counsel when and as it is presented to the coordinator.

The fiat or order setting hearing must: (1) specifically identify the cause number; (2) contain the style or caption; (3) state the matter to be heard; (4) identify the party requesting the hearing; (5) leave blank spaces for the time, day, and month for the requested hearing; (6) provide a signature line for the coordinator or the judge; (7) estimate the total amount of in-court time necessary to dispose of the matter; and (8) be served on all counsel of record at the same time and in the same manner that it is presented to the coordinator.

CRITICALCivil cases

Applies to

Hearing setting order

A hearing-setting fiat or order must include at least three proposed hearing dates and times, ranked by preference and consistent with applicable Texas Rules of Civil Procedure.

Included with the fiat or order setting hearing shall be at least three (3) proposed hearing dates and times by order of preference and in accordance with any applicable Texas Rules of Civil Procedure (e.g. 21, 87(1), 166a).

CRITICALCivil cases

Applies to

Ex parte application

Every ex parte application must include a certificate signed by counsel stating one of the specified circumstances regarding the opposing party’s representation or notice.

H. Ex Parte Applications: Every application for relief ex parte shall contain a certificate signed by counsel that: (1) to the best of his or her knowledge the party against whom relief is sought ex parte is not represented by counsel in the matter made the basis of the relief sought; (2) counsel for the party against whom relief is sought ex parte has been notified of the application and has stated whether he or she wishes to be heard; or (3) diligent attempts to notify counsel for the party against whom ex parte relief is sought have been unsuccessful, and the circumstances do not permit additional efforts to give notice.

CRITICALCivil cases

Applies to

Discovery motion

Must include

proposed order, certificate of conference

3. Includes a proposed order and certificate of conference pursuant to Local Rule 3.24

3. Includes a proposed order and certificate of conference pursuant to Local Rule 3.24

CRITICALCivil cases

Applies to

Summary judgment motion

Counsel of record may jointly file a written waiver at least five days before the setting to submit a summary judgment motion without oral argument.

Counsel of record may agree to submit the motion for summary judgment without oral argument by filing jointly, a written waiver five (5) days prior to the setting.

CRITICALCivil cases

Applies to

Joint certificate of progress

The joint Certificate of Progress must report mediation status, pending motions for which a pre-hearing ruling is requested and related proposed orders, outstanding discovery or completion concerns, and anticipated final-pretrial hearing matters with estimated argument time.

The joint Certificate of Progress shall advise of the court: (1) the status of mediation; (2) all pending motions for which any party is requesting a ruling prior to the Final Pre-Trial Hearing and submit/re-submit any proposed orders thereon; (3) any outstanding discovery or concerns as to whether discovery will be completed prior to the discovery deadline; and (4) good faith identification of those matters for which the parties anticipate a need for hearing at the final pre-trial hearing and estimated time of argument on each dispute.

CRITICALCivil cases

Applies to

Joint final pre trial report

All parties must submit a Joint Final Pre-Trial Report on the approved form seven days before the final pre-trial hearing.

All parties are required to submit a Joint Final Pre-Trial Report seven days before the final pre-trial hearing on the approved form for the Webb County District Courts and the County Courts.

CRITICALCivil cases

Applies to

Deposition witness disclosure

The parties must disclose anticipated deposition witnesses and identify the corresponding deposition testimony by page and line 10 days before the Final Pre-Trial Hearing.

The parties shall disclose all witnesses who are anticipated as being called by way of deposition and identify the corresponding video or written deposition testimony by page and line 10 days before the Final Pre-Trial Hearing.

CRITICALCivil cases

Applies to

Trial exhibits

Each attorney must pre-mark and identify exhibits before trial by the date ordered by the court.

Each Attorney shall pre-mark and identify their exhibits prior to trial by the date ordered by the court.

CRITICALCivil cases

Applies to

Trial exhibit list

Each attorney must prepare a trial-exhibit list and provide a copy to the court and opposing counsel before trial.

Each attorney shall prepare a list of trial exhibits and provide the court and opposing counsel a copy of this list prior to trial.

CRITICALCivil cases

Applies to

Post divorce decree order

In post-divorce-decree matters, the prevailing party through counsel must submit the court-granted orders to the court and provide a copy to adverse counsel or the pro se party.

In all post divorce decree matters, ie., motions to modify, to enforce, etc., the prevailing party through their attorney shall submit the appropriate Orders as granted by the court, to the court, copy to adverse counsel, and/or pro se party, after which the court will process it for entry, as stated above.

CRITICALCivil cases

Applies to

Proposed initial jury questions or instructions

Attorneys on the jury docket must submit proposed initial jury questions or instructions in proper written form with supporting legal authorities, unless ordered to submit them earlier.

Attorneys whose cases are on the jury docket shall report to court at 8:15 a.m. on the date set for trial and jury selection and submit to the court, in proper written form, their proposed initial jury questions/instructions, and legal authorities in support of same, unless ordered to do so earlier.

CRITICALCivil cases

Applies to

Order and judgment

A. All Cases - The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.

A. All Cases - The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.

CRITICALCivil cases

Applies to

Contested divorce

In a contested divorce, the petitioner’s attorney or pro se petitioner must prepare and submit the proposed divorce decree and Bureau of Vital Statistics form in accordance with Rules 3.43 and 4.10.

B. Contested Divorce Actions - In contested divorce cases the petitioner's attorney, or pro-se petitioner, shall prepare and submit the proposed decree of divorce and the bureau of vital statistics form in with Rule 3.43 and 4.10.

CRITICALCivil cases

Applies to

Uncontested divorce

In an uncontested divorce, petitioner’s counsel or the pro se petitioner must submit the proposed divorce decree, Bureau of Vital Statistics form, assignment of wages order, notice to employer, and order withholding income for support.

C. Uncontested Divorce Actions - In uncontested divorce cases, the petitioner's counsel or pro-se petitioner shall be responsible for submitting the proposed divorce decree, bureau of vital statistics form, assignment of wages order, notice to employer, order withholding income for support.

CRITICALCivil cases

Applies to

Order of assignment of wages

In divorce cases, the attorney for the party receiving child support must file a properly completed wage-assignment order that conforms to the divorce decree and specifies the employer and payment amount and frequency.

D. All Divorce Cases or Cases Ordering Child Support – In divorce cases the attorney for the party receiving child support shall file the order of assignment of wages, which will conform with the decree of divorce and must be properly completed, especially as it relates to the employer, amount to be paid weekly, biweekly, or monthly.

CRITICALCivil cases

Applies to

Order of assignment of wages

A wage-assignment order is incomplete unless accompanied by a notice to the employer and a request for issuance of the wage-withholding order.

Further, no order of assigning wages is complete, unless accompanied by notice to employer and request for issuance of the order withholding wages.

CRITICALCivil cases

Applies to

Final trial forms

Before final trial, all cases must have the Bureau of Vital Statistics form and wage-assignment order on file, with the hearing date and monetary amounts left blank as specified.

Before the date of final trial, all cases must have on file the Bureau of Vital Statistics form (except for date of hearing which will be filled in on date of hearing) and the order for assignment of wages (leave blanks for monetary amounts).

CRITICALCivil cases

Applies to

Pleading

Every party pleading must be properly titled.

A. Miscellaneous Pleadings - Every pleading of a party shall be properly titled.

CRITICALCivil cases

Applies to

Motion and order

A motion and its order must be properly identified, such as by naming the motion and the order setting that motion.

The motion and order must be properly identified, e.g. "Plaintiff's Motion for Summary Judgment" and "Order Setting Plaintiff's Motion for Summary Judgment."

CRITICALCivil cases

Applies to

Order or judgment

Attorneys ad litem must ensure the order or judgment instructs the clerk about disposition of the monies, and the order or judgment must include the specified information for all interested parties.

attorneys ad litem to make certain that the order or judgment instructs the district clerk about the disposition of the monies. Any order or judgment filed under this section shall also include the names, social security numbers, addresses and phone numbers of all interested parties.

CRITICALCivil cases

Applies to

Conference statement

Counsel must submit a brief written statement to the court three days before the conference addressing their preliminary understanding of the facts and critical factual and legal issues; the statement is not filed with the clerk, is nonbinding, does not waive claims or defenses, and is inadmissible against a party in these or later proceedings.

Three days before the conference, counsel will submit to the court a brief written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues. These statements will not be filed with the clerk, will not be binding, will not waive claims or defenses, and may not be offered into evidence against a party in this proceeding or in any later proceedings.

CRITICALCivil cases

Applies to

Recusal and disqualification list

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

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

CRITICALCivil cases

Applies to

Joint final pretrial report

The joint final pretrial report must include the specified counsel, case, jurisdiction, motion, party-contention, fact, and legal-proposition information.

1. APPEARANCE OF COUNSEL. List each party, its counsel, and counsel’s address and telephone number in separate paragraphs. 2. STATEMENT OF THE CASE. Give a brief statement of the case, one that the judge could read to the jury panel for an introduction to the facts and parties; include names, dates, and places. 3. JURISDICTION. Briefly specify the jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state it. 4. MOTIONS. List pending motions. 5. CONTENTIONS OF THE PARTIES. State concisely in separate paragraphs each party’s claims. 6. ADMISSIONS OF FACT. List all facts that require no proof. 7. CONTESTED ISSUES OF FACT. List all material facts in controversy. 8. AGREED PROPOSITIONS OF LAW. List the legal propositions that are not in dispute. 9. CONTESTED PROPOSITIONS OF LAW. State briefly the unresolved questions of law, with authorities to support each.

CRITICALCivil cases

Applies to

Joint final pretrial report

Each party must provide two exhibit lists on a clerk-like form, make exhibits available to opposing counsel, and exchange documentary exhibits before trial, subject to the stated exceptions.

a. On a form similar to the one provided by the clerk, each party will attach two lists of all exhibits expected to be offered and will make the exhibits available for examination by opposing counsel. All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated.

CRITICALCivil cases

The witness list must give each potential witness’s name, address, and testimony subject, and include expert qualifications.

a. List the names and addresses of witnesses who may be called with a brief statement of the nature of their testimony. Include the qualifications of expert witnesses; these will be used to qualify the expert at trial.

CRITICALCivil cases

The filing must include the stated language requiring written notice to opposing counsel of later-identified witnesses, except rebuttal or impeachment witnesses.

b. Include: “If other witnesses to be called at the trial become known, their names, addresses and subject matter of their testimony will be reported to opposing counsel in writing as soon as they are known; this does not apply to rebuttal or impeachment witnesses.”

CRITICALCivil cases

The filing 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.

CRITICALCivil cases

The filing must state the probable trial length and identify logistical problems, including witness availability, out-of-state people, bulky exhibits, and demonstrations.

13. TRIAL. State the probable length of trial; logistical problems including the availability of witnesses, out-of-state people, bulky exhibits and demonstrations.

CRITICALCivil cases

For a jury trial, the required attachment is a proposed charge including instructions, definitions, special interrogatories, and authority.

a. For a jury trial: proposed charge (including instructions, definitions, and special interrogatories, with authority).

CRITICALCivil cases

For a non-jury trial, the required attachment is proposed findings of fact that omit 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 law, with authority.

CRITICAL

Applies to

Trial filings

Trial motions, specified objections, motions in limine, and proposed jury questions and instructions must be filed by the designated date; failure may lead to contempt proceedings or sanctions.

17. ALL TRIAL MOTIONS, OBJECTIONS TO THE OTHER ________________________ PARTY’S DESIGNATION OF VIDEO TESTIMONY AND TO EXHIBITS, MOTIONS IN LIMINE AND PROPOSED JURY QUESTIONS AND INSTRUCTIONS SHALL BE FILED. FAILURE TO FILE by this date will cause a show cause order to be issued for contempt and/or for the imposition or any other sanctions against trial counsel and/or the parties.

CRITICAL

Applies to

Pre trial guideline order

Every new trial setting must include submission of a new Pre-Trial Guideline Order; whether it includes new deadlines is within the Court’s discretion.

All new settings shall include the submission of a new Pre-Trial Guideline Order with/without new deadlines subject to the Court’s discretion.

CRITICAL

Applies to

Fiat or order setting hearing

A hearing fiat or order must include at least three proposed hearing dates and times, ranked by preference and consistent with applicable Texas Rules of Civil Procedure.

Included with the fiat or order setting hearing shall be at least three (3) proposed hearing dates and times by order of preference and in accordance with any applicable Texas Rules of Civil Procedure (e.g. 21, 87(1), 166a).

CRITICAL

Applies to

Exhibits

All parties must make their exhibits available for inspection on the Final Pre-Trial Hearing date or another date following reasonable notice and request.

All parties are required to make their exhibits available for inspection on the date of the Final Pre-Trial Hearing or on any other date upon reasonable notice and request.

CRITICAL

Applies to

Witness disclosure

Parties must disclose anticipated deposition witnesses and identify the corresponding video or written testimony by page and line 10 days before the Final Pre-Trial Hearing.

The parties shall disclose all witnesses who are anticipated as being called by way of deposition and identify the corresponding video or written deposition testimony by page and line 10 days before the Final Pre-Trial Hearing.

CRITICAL

Applies to

Deposition testimony objections

Objections and cross-line page-and-line designations to deposition testimony must be filed seven days before the Final Pre-Trial Hearing.

Any objections and/or cross-line page and line designations to video or written deposition testimony shall be filed 7 days before the Final Pre-Trial Hearing.

CRITICAL

Applies to

Exhibits

Each attorney must pre-mark and identify exhibits before trial by the date ordered by the court.

Each Attorney shall pre-mark and identify their exhibits prior to trial by the date ordered by the court.

CRITICAL

Applies to

Objections

Opposing counsel shall file any objections to the proposed judgment and/or order within three (3) working days of receipt of the proposed judgment.

Opposing counsel shall file any objections to the proposed judgment and/or order within three (3) working days of receipt of the proposed judgment.

CRITICAL

Applies to

Petition

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

1. 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

Correspondence or notice

The District or County Clerk must file a copy of correspondence or notice placed in the mail in each defendant's case.

The District or the County Clerk shall file a copy the correspondence or notice placed in the mail in each defendant's case.

CRITICAL

Applies to

Arraignment waiver

Where the court allows it, a defendant may waive arraignment by filing a court-approved form no later than the day before the scheduled arraignment.

Where allowed by the court in which an indictment is filed, a defendant may waive arraignment only by filing a statement on a form approved by the courts no later than the day before arraignment is scheduled.

CRITICAL

Applies to

Appearance

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

An attorney may not appear for a party unless he has filed or made his appearance or record.

CRITICAL

Applies to

Motion to withdraw

An attorney of record may withdraw only by filing a motion approved by the court.

Any attorney who has appeared of record in any case may withdraw only by filing a motion approved by the court.

CRITICAL

Applies to

Trial motions jury questions instructions and joint pre trial order

Trial motions, jury questions and instructions, and the joint pretrial order form must be filed one week before the final pretrial conference.

All Trial Motions, Jury Questions and Instructions and Joint Pre-Trial Order Form (order form attached) shall be filed one week before the Final Pre-Trial Conference Date.

CRITICAL

Applies to

Exhibits

All exhibits must be presented for inspection one week before the final pretrial conference.

All Exhibits must be presented for inspection one week before the Final pre-Trial Conference

CRITICAL

Applies to

Exhibit list

A list of the pre-numbered and marked exhibits must be provided to opposing counsel and the Court one week before the final pretrial conference.

a list of the pre-numbered and marked Exhibits must be provided to opposing counsel and the Court one week before the Final Pre-Trial Conference

CRITICAL

Applies to

Affidavit to release surety

A surety seeking release from bail-bond liability must complete the Affidavit to Release Surety and present it to the judge assigned to the defendant’s case.

Sureties requesting a release on their liability on a Bail bond must complete the Affidavit to Release Surety and present the completed affidavit to the District Judge that the Defendant’s case is assigned to.

CRITICAL

Applies to

Citation

The trial date must be provided in writing to the Respondent and attached to the citation.

The trial date shall be provided in writing to Respondent and attached to the citation.

CRITICAL

Applies to

Electronically transmitted document

Electronically transmitted filings must use approximately 8½-by-11-inch paper, be individually signed, include the signer’s specified identifying and contact information, and be clear and dark enough to transmit legibly.

Every document electronically transmitted for filing shall conform to the requirements for filing established by the Texas Rules of Civil Procedure, i.e., shall be on paper measuring approximately 8-1/2 x 11 inches, shall be signed individually by the party or the party’s attorney of record, and shall contain that individual’s State Bar of Texas identification number, if any, address, telephone number and fax number. The quality of the original hard copy shall be clear and dark enough to transmit legibly.

CRITICAL

Applies to

Electronic transmission cover sheet

Every electronic transmission must include a cover sheet identifying the sender, documents, and page count; providing clear instructions; and including complete charge-authorization or escrow-debit information.

A cover sheet must accompany every transmission which shall: (a) clearly identify the sender, the documents being transmitted, and the number of pages; (b) have clear and concise instructions concerning issuance or other request; and (c) have complete information on the charge authorizing or escrow debit for court costs and fees.

CRITICAL

Applies to

Non jury trial setting request

A request for a non-jury trial setting must be made by motion with an accompanying fiat and heard under Local Rule 3.13, or by a Rule 11 agreement approved by the Court.

All requests for non-jury trial settings shall be by motion with accompanying fiat and heard pursuant to Local Rule 3.13 or by Rule 11 agreement approved by the Court.

CRITICAL

Applies to

Jury demand

A case will be set on the non-jury docket unless a demand for jury is on file and the jury fee is paid thirty (30) days before the trial setting and in accordance to Tex. R. Civ. P. 216.

A case will be set on the non-jury docket unless a demand for jury is on file and the jury fee is paid thirty (30) days before the trial setting and in accordance to Tex. R. Civ. P. 216.

CRITICAL

Applies to

Motion

A motion for preferential setting must be written, verified, and specific; upon counsel’s request, it must be granted for cases entitled to preference by law or cases the Court determines require priority.

Motions for preferential setting shall be written, verified and specific. Upon request of counsel, such motions shall be granted in the following cases: A. Cases entitled to preferential setting by law; or B. A case that the Court has determined because of its nature, circumstances and litigation history, requires a priority trial setting.

CRITICAL

Applies to

Motion

Must include

certificate of conference

No counsel for a party shall file, nor shall any clerk set for hearing, any motion unless accompanied with a “certificate of conference” signed by counsel for movant in one of the forms set out herein.

No counsel for a party shall file, nor shall any clerk set for hearing, any motion unless accompanied with a “certificate of conference” signed by counsel for movant in one of the forms set out herein.

CRITICAL

Applies to

Motion

Must include

proposed order

Every opposed motion must specify the relief sought and include a separate proposed order granting that relief.

Every opposed motion presented for filing shall state with particularity the relief or order sought. A separate proposed order granting the relief sought shall accompany the motion.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion must be accompanied by a separate proposed order granting the requested relief.

A separate proposed order granting the relief sought shall accompany the motion.

CRITICAL

Applies to

Fiat or order setting hearing

A hearing fiat or order must contain the listed case, hearing, requester, scheduling, signature, and time-estimate information.

The fiat or order setting hearing must: 1. specifically identify the cause number; 2. contain the style or caption; 3. state the matter to be heard; 4. identify the party requesting the hearing; 5. leave blank spaces for the time, day, and month for the requested hearing; 6. provide a signature line for the coordinator or the judge; 7. estimate the total amount of in-court time necessary to dispose of the matter; and 8. be served on all counsel of record at the same time and in the same manner that it is presented to the coordinator.

CRITICAL

Applies to

Ex parte application

An ex parte application must include a certificate signed by counsel establishing one of the specified representation or notice circumstances.

Every application for relief ex parte shall contain a certificate signed by counsel that: 1. to the best of his or her knowledge the party against whom relief is sought ex parte is not represented by counsel in the matter made the basis of the relief sought; 2. counsel for the party against whom relief is sought ex parte has been notified of the application and has stated whether he or she wishes to be heard; or 3. diligent attempts to notify counsel for the party against whom ex parte relief is sought have been unsuccessful, and the circumstances do not permit additional efforts to give notice.

CRITICAL

Applies to

Discovery motion

Must include

proposed order, certificate of conference

3. Includes a proposed order and certificate of conference pursuant to Local Rule 3.24.

3. Includes a proposed order and certificate of conference pursuant to Local Rule 3.24.

CRITICAL

Applies to

Complex case designation

For a case designated complex by the Court, the parties must file a Complex Designation Order and submit a Complex Case Docket Control and Scheduling Order in the forms prescribed in Appendices B and C for court approval.

If a case is designated as complex by the Court, the parties shall file a Complex Designation Order and submit a Complex Case Docket Control and Scheduling Order in the form prescribed in Appendices B and C for the Court’s approval.

CRITICAL

Applies to

Pretrial guideline order

After a new lawsuit is assigned a cause number and court, the parties are set for a hearing on a pre-trial guideline order; they need not appear if all parties submit the approved agreed order and the court approves it before the hearing.

Upon the filing of a new lawsuit with the assignment of a cause number and court, the parties will be set for hearing for the entry of a pre-trial guideline order. If all parties to the litigation submit an Agreed Pre-Trial Guideline Order on the approved form by the Webb County District Courts and County Courts at Law and the respective court approves same prior to the hearing date, then the parties do not need to appear at the hearing for Entry of Pre-Trial Guideline Order.

CRITICAL

Applies to

Certificate

Level 3 and designated Complex Cases must submit a joint Certificate of Progress 60 days before the Final Pre-Trial Hearing, containing the specified status updates and hearing requests.

In Level 3 and cases designated as Complex Cases pursuant to Local Rule 3.33, all parties are required to submit a joint Certificate of Progress to the Court 60 days before the Final Pre-Trial Hearing. The joint Certificate of Progress shall advise the court: (1) the status of mediation; (2) all pending motions for which any party is requesting a ruling prior to the Final Pre-Trial Hearing and submit/re-submit any proposed orders thereon; (3) any outstanding discovery or concerns as to whether discovery will be completed prior to the discovery deadline; and (4) good faith identification of those matters for which the parties anticipate a need for hearing at the final pre-trial hearing and estimated time of argument on each dispute.

CRITICAL

Applies to

Joint final pretrial report

All parties must submit a Joint Final Pre-Trial Report on the approved form seven days before the final pre-trial hearing.

All parties are required to submit a Joint Final Pre-Trial Report seven days before the final pre-trial hearing on the approved form for the Webb County District Courts and the County Courts.

CRITICAL

Applies to

Trial exhibit list

Each attorney must prepare a trial-exhibit list and provide a copy to the court and opposing counsel before trial.

Each attorney shall prepare a list of trial exhibits and provide the court and opposing counsel a copy of this list prior to trial.

CRITICAL

Applies to

Deposition testimony designations

Proffering counsel must file and serve deposition-testimony line-and-page designations at least one week before the final pretrial conference.

A proffering counsel must file and serve line and page designations for deposition testimony that will be offered at trial at least 1 week before the final pretrial conference.

CRITICAL

Applies to

Request for ruling

An opposing attorney must file and serve a request for a ruling on deposition-testimony objections and cross-line-and-page designations at least three days before the final pretrial conference.

An opposing attorney must then file and serve a request for ruling on any objection lodged to the deposition testimony and cross line and page designations at least 3 days before the final pretrial conference.

CRITICAL

Applies to

Jury questions and instructions

Attorneys with cases on the jury docket must report at 8:15 a.m. on the trial and jury-selection date and submit written proposed initial jury questions or instructions with supporting legal authorities, unless ordered to do so earlier.

Attorneys whose cases are on the jury docket shall report to court at 8:15 a.m. on the date set for trial and jury selection and submit to the court, in proper written form, their proposed initial jury questions/instructions, and legal authorities in support of same, unless ordered to do so earlier.

CRITICAL

Applies to

Order and judgment

The order and judgment must be forwarded to opposing counsel for approval as to form within seven days.

The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.

CRITICAL

Applies to

Contested divorce submission

In contested divorce cases, the petitioner's attorney or pro se petitioner must prepare and submit the proposed divorce decree and Bureau of Vital Statistics form in accordance with Rules 3.43 and 4.10.

In contested divorce cases the petitioner's attorney, or pro-se petitioner, shall prepare and submit the proposed decree of divorce and the bureau of vital statistics form in with Rule 3.43 and 4.10.

CRITICAL

Applies to

Uncontested divorce submission

In uncontested divorce cases, the petitioner's counsel or pro se petitioner must submit the proposed divorce decree, Bureau of Vital Statistics form, wage-assignment order, notice to employer, and income-withholding order for support.

In uncontested divorce cases, the petitioner's counsel or pro-se petitioner shall be responsible for submitting the proposed divorce decree, bureau of vital statistics form, assignment of wages order, notice to employer, order withholding income for support.

CRITICAL

Applies to

Order of assignment of wages

In divorce cases the attorney for the party receiving child support shall file the order of assignment of wages, which will conform with the decree of divorce and must be properly completed, especially as it relates to the employer, amount to be paid weekly, biweekly, or monthly.

In divorce cases the attorney for the party receiving child support shall file the order of assignment of wages, which will conform with the decree of divorce and must be properly completed, especially as it relates to the employer, amount to be paid weekly, biweekly, or monthly.

CRITICAL

Applies to

Order of assignment of wages

A wage-assignment order is incomplete unless accompanied by a notice to the employer and a request for issuance of the wage-withholding order.

Further, no order of assigning wages is complete, unless accompanied by notice to employer and request for issuance of the order withholding wages.

CRITICAL

Applies to

Pretrial forms

Before final trial, all cases must have on file the Bureau of Vital Statistics form, with the hearing date left to be completed on the hearing date, and the wage-assignment order with monetary amounts left blank.

Before the date of final trial, all cases must have on file the Bureau of Vital Statistics form (except for date of hearing which will be filled in on date of hearing) and the order for assignment of wages (leave blanks for monetary amounts).

CRITICAL

Applies to

Post divorce decree order

In post-divorce-decree matters, the prevailing party through counsel must submit the granted orders to the court and provide a copy to adverse counsel and/or the pro se party.

In all post divorce decree matters, ie., motions to modify, to enforce, etc., the prevailing party through their attorney shall submit the appropriate Orders as granted by the court, to the court, copy to adverse counsel, and/or pro se party, after which the court will process it for entry, as stated above.

CRITICAL

Applies to

Pleading

Every party pleading must be properly titled.

Every pleading of a party shall be properly titled.

CRITICAL

Applies to

Motion and order

A motion and its order must be properly identified, such as by using titles that identify the motion and corresponding order.

The motion and order must be properly identified, e.g. "Plaintiff's Motion for Summary Judgment" and "Order Setting Plaintiff's Motion for Summary Judgment."

CRITICAL

Applies to

Order or judgment

When registry funds are deposited, counsel and attorneys ad litem must ensure the order or judgment instructs the clerk how to dispose of the funds and includes the specified information for all interested parties.

In cases where monies are deposited into the registry of the court, it shall be the responsibility of all counsel and attorneys ad litem to make certain that the order or judgment instructs the district clerk about the disposition of the monies. Any order or judgment filed under this section shall also include the names, the last four digits of the social security numbers, addresses and phone numbers of all interested parties.

CRITICAL

Applies to

Divorce decree

The petitioner’s attorney must prepare and submit the Bureau of Vital Statistics form and divorce decree unless the respondent’s attorney agrees to do so.

Petitioner’s attorney shall prepare and submit the Bureau of Vital Statistics form and the divorce decree, unless Respondent’s attorney agrees to prepare and submit the same.

CRITICAL

Applies to

Order of assignment of wages

The support-receiving party’s attorney must file a wage-assignment order conforming to the divorce decree, properly specifying the employer and payment amounts, and accompanied by notice to the employer and a request for issuance of the withholding order.

The support-receiving parties’ attorney shall be responsible for filing the order of assignment of wages. This order shall conform to the decree of divorce and must be properly completed, particularly as it relates to the employer and the amount to be paid weekly, biweekly, and monthly. Further, no order assigning wages is complete unless accompanied by notice to the employer and request for issuance of the order withholding.

CRITICAL

Applies to

Hearing documents

Before the hearing, every case must have the Bureau of Vital Statistics form and wage-assignment order on file; the hearing date is completed at the hearing, monetary amounts are left blank, and there are no exceptions.

Before the date of hearing, all cases must have on file the Bureau of Vital Statistics form, (except date of hearing which will be filled in on date of hearing) and the order of assignment of wages. (Leave blank spaces for monetary amounts). There will be no exceptions.

CRITICAL

Applies to

Initial hearing documents

In SAPCR and divorce cases, parties must bring the listed earnings documents to the initial hearing.

G. Earnings Information to Initial Hearing. The parties are ORDERED to bring the following documents to the initial hearing conducted in a SAPCR 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 filing of the litigation; and 3. Income tax returns, together with all schedules, for the two years preceding the filing of the litigation.

CRITICAL

Applies to

Disputed property division filings

In disputed property division cases, each attorney must file a sworn inventory and appraisement and submit a proposed property division to the Court and opposing counsel by the commencement of trial.

In disputed property division cases, each attorney shall file a sworn inventory and appraisement as set out in rule 4.17 of these local rules and shall submit to the Court and opposing counsel not later than the commencement of trial a proposed property division including property claimed or recognized as separate property.

CRITICAL

Applies to

Temporary orders hearing documents

Unless the parties agree otherwise or good cause is shown and the court approves, parties in specified temporary-orders hearings must complete and exchange the listed financial documents before the hearing begins.

A. Temporary Orders. Unless otherwise agreed to by the parties, or for good cause and court approval, in any hearing for temporary orders in which child support or spousal support is an issue, the parties shall complete and exchange the following documents prior to the commencement of the hearing: 1. A sworn statement of the household usual and ordinary monthly income and expenses; 2. Copies of that party’s federal income tax returns for the two calendar years preceding the filing of the Original Petition or Suit Affecting Parent-Child Relationship; 3. All payroll statements, pay stubs, W2 forms and 1099 forms, and all supporting schedules, and any other document evidencing any and all of that party’s earning for the calendar year immediately prior to the filing of the Original Petition for Divorce or Suit Affecting Parent-Child Relationship for child support (SAPCR) and from January 1 of the current year through the date of the final hearing; and 4. Copies of any financial statements prepared for any financial institution for the years prior to the first hearing from January 1 of the current year through the date of the final hearing.

CRITICAL

Applies to

Inventory

Each inventory must list property and values, liabilities and related details, identify claimed separate property, and include beneficial insurance interests and employment benefits.

C. Inventory. Each inventory shall list each items of property and its value, and shall also list each liability, together with the 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. All beneficial interest in insurance and all benefits arising from a party’s employment (such as

CRITICAL

Applies to

Child support information

In suits involving child support, each parent must provide the Court the child-support determination information specified by Texas Family Code Section 154.063.

In all suits involving child support, each party who is a parent shall furnish to the Court the information described for determination of child support set out in Section 154.063, Texas Family Code, as amended.

CRITICAL

Applies to

Certificate

The parties must file a certificate of compliance with the inventory-and-appraisement exchange requirement.

The parties shall file with the court a certificate of compliance with this provision.

CRITICAL

Applies to

Original complaint

The original complaint must bear the unique file number, and the district clerk must open the district court felony case file.

B. The unique file number shall be placed on the original complaint presented and the district clerk shall open the district court felony case file provided for in Rule 6.02 A.

CRITICAL

Applies to

Indictment

The Criminal District Attorney must note specified pending-case, co-defendant, and tracking information on a non-substantive part of the indictment.

F. The Criminal District Attorney shall note on a non-substantive part of the indictment the following information. 1. Whether there are other pending indicted causes on the defendant; whether the indictment is a re-indictment; 2. The names of any Co-defendants; 3. The tracking number and/or assigned unique file number.

CRITICAL

Applies to

Pretrial motion

Must include

proposed order, certificate of service, certificate of conference

Each pre-trial motion set for hearing must state the relief sought and pertinent facts, provide supporting argument and authorities, and include the specified signatures, certificates, notice, and proposed order, subject to the stated conditions.

Each pre-trial motion that is set for hearing must: 1. succinctly state the relief sought; 2. the facts pertinent to the motion; 3. supporting argument with authorities; 4. must be signed by counsel and, where required, by the defendant; 5. must be sworn to when required; 6. must contain a certificate of service; 7. must contain a certificate of consultation with opposing counsel and a statement that the matter raised in the motion was not resolved that conforms with 6.09 D below; 8. must contain a notice the motion will be presented to the Court at the pretrial hearing with or without evidence; and 9. must contain a proposed order granting or denying the motion in full or in part.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Counsel must use the applicable certificate-of-conference form listed in the rule.

For the purposes of this rule, counsel shall use one of the “certificate of conference” forms listed below that applies.

CRITICAL

Applies to

Motion

Must include

certificate of service

A motion must include a certificate stating opposing counsel's name and address and how the copy was delivered.

Whenever any attorney files any pleading or motion, he shall at the same time either hand deliver, mail, email or fax a copy to opposing counsel. The motion must be accompanied with a certificate stating the name, address, of opposing counsel and how it was delivered.

CRITICAL

Applies to

Appearance notice

Upon employment or appointment, defense counsel must give written notice to the district attorney and applicable clerk with the specified case and defendant information.

Immediately upon employment or upon court appointment the defense attorney shall give written notice to the district attorney and the district and/or county clerk stating the name of the accused, the date of and the offense(s) charged, tracking number, the unique case file and cause number, if known.

CRITICAL

Applies to

Motion to withdraw

The withdrawing attorney must sign the motion, and engaged substitute counsel must add a signature and mailing address, thereby appearing for all purposes.

The motion to withdraw must be signed by the attorney requesting withdrawal; furthermore, if substitute counsel has been engaged, his signature and mailing address shall be affixed to the motion constituting an appearance for all purposes.

CRITICAL

Applies to

Motion to substitute counsel

Newly retained counsel may substitute only if they certify readiness to proceed without delaying the case.

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

CRITICAL

Applies to

Motion to substitute counsel

A substitution motion that will cause delay requires a hearing; if the specified signatures and a no-delay certification accompany the motion, the court will sign it without a formal hearing.

A motion to substitute counsel that will cause delay requires a hearing. If the motion is signed by counsel withdrawing, substitute counsel and/or client, and is accompanied by a statement certifying that no delay will occur, the court will sign the motion without formal hearing.

CRITICAL

Applies to

Motion to withdraw

If substitute counsel’s and/or the client’s signature is missing, withdrawing counsel must attach the specified client cover letter, and the motion must be heard before withdrawal is permitted.

If substitute counsel's and/or the client's signature fails to appear on the motion, withdrawing counsel shall attached to the motion a copy of the cover letter forwarding a copy of the motion to his client advising him/her of the filing of the motion and the date and time of the hearing. The motion shall be set down for hearing and not withdrawal shall be permitted unless and until the matter has been heard.

CRITICAL

Applies to

Pre trial order

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

This Pre-Trial Guideline Order must be completed, executed and filed with the Court by _____________ ______ (date) or the Parties must appear for a Pre-Trial Conference on ______________________ (date) for entry of a Pre-Trial Guideline Order.

CRITICAL

Applies to

Conference statement

Counsel must submit a brief statement of their preliminary factual understanding and critical factual and legal issues to the court three days before the conference; it is not filed with the clerk, is nonbinding, does not waive claims or defenses, and may not be used as evidence against a party.

Three days before the conference, counsel will submit to the court a brief written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues. These statements will not be filed with the clerk, will not be binding, will not waive claims or defenses, and may not be offered into evidence against a party in this proceeding or in any later proceedings.

CRITICAL

Applies to

List

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

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

CRITICAL

Applies to

Motion

Must include

certificate of conference

A motion filed before the conference must include a certificate confirming a good-faith effort to resolve the matter with opposing counsel, unless the court grants leave.

No motion shall be filed prior to the conference without leave of court and unless it includes a certificate that the Movant has conferred with opposing counsel in a good-faith effort to resolve the matter without court action.

CRITICAL

Applies to

Joint final pretrial report

The joint final pretrial report must include the specified counsel, case, jurisdiction, motion, party-contention, fact, and legal-proposition information.

1. APPEARANCE OF COUNSEL. List each party, its counsel, and counsel’s address and telephone number in separate paragraphs. 2. STATEMENT OF THE CASE. Give a brief statement of the case, one that the judge could read to the jury panel for an introduction to the facts and parties; include names, dates, and places. 3. JURISDICTION. Briefly specify the jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state it. 4. MOTIONS. List pending motions. 5. CONTENTIONS OF THE PARTIES. State concisely in separate paragraphs each party’s claims. 6. ADMISSIONS OF FACT. List all facts that require no proof. 7. CONTESTED ISSUES OF FACT. List all material facts in controversy. 8. AGREED PROPOSITIONS OF LAW. List the legal propositions that are not in dispute. 9. CONTESTED PROPOSITIONS OF LAW. State briefly the unresolved questions of law, with authorities to support each.

CRITICAL

Applies to

Joint final pretrial report

Each party must attach two exhibit lists on a form similar to the clerk’s form, make exhibits available to opposing counsel, and exchange documentary exhibits before trial except for rebuttal or unanticipated-use exhibits.

a. On a form similar to the one provided by the clerk, each party will attach two lists of all exhibits expected to be offered and will make the exhibits available for examination by opposing counsel. All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated.

CRITICAL

Applies to

Exhibit objection

Other exhibit-admissibility objections must, within reason, be made at least three days before trial, and disputes must be reported to the Court in writing with the disputed exhibit and supporting authority.

c. Within reason, other objections to admissibility of exhibits must be made at least three (3) days before trial; the Court will be notified in writing of disputes, with copies of the disputed exhibit and authority.

CRITICAL

Applies to

Joint final pretrial report

The report must list potential witnesses’ names, addresses, and expected testimony, and include expert witnesses’ qualifications.

a. List the names and addresses of witnesses who may be called with a brief statement of the nature of their testimony. Include the qualifications of expert witnesses; these will be used to qualify the expert at trial.

CRITICAL

Applies to

Joint final pretrial report

The report must state that settlement efforts are exhausted and the case must be tried, and must state the probable trial length and specified logistical issues.

12. SETTLEMENT. State that all settlement efforts have been exhausted, that the case cannot be settled, and that it will have to be tried. 13. TRIAL. State the probable length of trial; logistical problems including the availability of witnesses, out-of-state people, bulky exhibits and demonstrations.

CRITICAL

Applies to

Joint final pretrial report

The report must include a proposed charge with specified components and authority for a jury trial, or proposed findings of fact and conclusions of law with authority for a non-jury trial.

14. ATTACHMENTS. Include these required attachments: a. For a jury trial: proposed charge (including instructions, definitions, and special interrogatories, with authority). b. For a non-jury trial: proposed findings of fact (without repeating uncontested facts) and conclusions of law, with authority.

CRITICALCriminal cases

The attorney must notify the judge of the defendant’s hearing disability by written motion filed with the court or on the record.

An attorney representing a hearing-impaired criminal defendant shall bring his/her client's disability to the attention of the judge by written motion filed with the court or on the record.

CRITICALCriminal cases

The criminal defense attorney must notify the court by written motion or on the record when interpreter services will be needed for a status conference, hearing, or other judicial proceeding.

In accordance with the Code of Criminal Procedure, the criminal defense attorney shall notify the court by written motion or on the record that interpreter services will be needed for any status conference, hearing, or any other judicial proceeding.

CRITICALCriminal cases

If the defendant is to be placed on probation, the probation officer must notify the court in writing or on the record if the hearing impairment may affect the defendant’s ability to meet probation conditions.

If a criminal defendant is to be placed on probation, the probation officer for the criminal defendant shall notify the court in writing, or on the record, if the criminal defendant's hearing impairment will in any way affect his or her ability to meet all conditions of probation.

CRITICALCriminal cases

The probation officer must inform the court of available alternative programs that would allow the defendant to participate in all probation programs.

The probation officer for the criminal defendant shall also inform the court of any available alternative programs that would allow the criminal defendant to participate in all probation programs.

CRITICALCivil cases

Applies to

Interpreter request

An interpreter request must be made by formal written motion or on the record in open court.

This request must be made by filing a formal written motion or on the record in open court.

CRITICAL

Applies to

Pretrial order

The Pre-Trial Guideline Order must be completed, executed, and filed before the date specified by the District Clerk.

This Pre-Trial Guideline Order must be completed, executed and filed with this Court before the Calendar date specified by the District Clerk's office.

CRITICAL

Applies to

Exhibit list

A list of pre-numbered and marked exhibits must be provided to opposing counsel and the Court 10 working days before the Final Pre-Trial Conference.

All Exhibits must be presented for inspection to opposing counsel 10 working days before the Final Pre-Trial Conference and a list of the pre-numbered and marked Exhibits must be provided to opposing counsel and the Court 10 working days before the Final Pre-Trial Conference.

CRITICALCriminal cases

Applies to

Drug court referral form

The Drug Court Referral Form must be completed and signed.

1. Complete and sign the Drug Court Referral Form;

CRITICALCriminal cases

Applies to

Drug court referral form

Copies of all pending criminal complaints and probable cause affidavits must be attached to the Drug Court Referral Form.

2. Attach copies of all pending criminal complaints and probable cause affidavits to the Drug Court Referral Form;

CRITICALCriminal cases

Applies to

Drug court referral packet

The entire packet must be forwarded to the Drug Court Administrator at the stated address.

3. Forward entire packet to: Drug Court Administrator 4101 Juarez Laredo, TX 78040 Phone: 956-523-4963 Fax: 956-791-6325

CRITICAL

Applies to

Joint pre trial order

Each party must attach a copy of its exhibit list to the Joint Pre-trial Order, pre-marked in numerical order with the case number.

a. Each party will attach to the Joint Pre-trial Order a copy of their exhibit list, pre-marked in numerical order with the case number.

CRITICAL

Applies to

Proposed jury charge

For a jury trial, attach a hard copy or email a proposed charge containing instructions, definitions, jury questions, and legal references, using Microsoft Word on CD-R or pen drive.

a. Jury Trial. Attach a hard copy or email a proposed charge, including instructions, definitions and jury questions, with case law or formbook reference (on CD-R or pen drive using Microsoft Word).

CRITICAL

Applies to

Proposed findings conclusions

For a non-jury trial, attach proposed findings of fact and conclusions of law with supporting authority.

b. Non-jury Trial. Attach proposed findings of fact and conclusions of law, with authority.

CRITICAL

Applies to

Joint final pre trial report

Failure to file the Joint Final Pre-Trial Report triggers a show-cause hearing concerning possible contempt for the attorneys and parties.

15. FAILURE TO FILE. Not filing the Joint Final Pre-Trial Report will trigger a notice of a hearing to show cause why the attorneys and parties should not be held in contempt.

CRITICALCriminal cases

Applies to

Correspondence or notice

The clerk must file in each defendant's case a copy of the correspondence or notice placed in the mail.

The District or the County Clerk shall file a copy the correspondence or notice placed in the mail in each defendant's case.

CRITICALCriminal cases

Applies to

Arraignment waiver statement

If the court allows waiver, a defendant may waive arraignment only by filing a court-approved statement by the day before the scheduled arraignment.

Where allowed by the court in which an indictment is filed, a defendant may waive arraignment only by filing a statement on a form approved by the courts no later than the day before arraignment is scheduled.

CRITICALCriminal cases

Applies to

Felony complaint

The District Clerk must accept and file each presented felony complaint, open a case file, and identify the case with a unique file number.

A. The District Clerk shall accept and file all felony complaints presented and open a case file, and identifying each case with the unique file number.

CRITICALCriminal cases

Applies to

Felony complaint

The original felony complaint must bear the unique file number, and the district clerk must open the corresponding district court felony case file.

B. The unique file number shall be placed on the original complaint presented and the district clerk shall open the district court felony case file provided for in Rule 6.02 A.

CRITICALCriminal cases

Applies to

Indictment

The Criminal District Attorney must note on a non-substantive part of the indictment whether the defendant has other pending indicted causes or the indictment is a re-indictment, any co-defendants' names, and the tracking number or assigned unique file number.

F. The Criminal District Attorney shall note on a non-substantive part of the indictment the following information. (1) Whether there are other pending indicted causes on the defendant; whether the indictment is a re-indictment; (2) The names of any Co-defendants; (3) The tracking number and/or assigned unique file number.

CRITICALCriminal cases

Applies to

Complaint

For cases pending on or filed after June 1, 2010, the District Clerk must accept and file felony complaints, and the County Clerk must accept and file misdemeanor complaints, initiating a case file and assigning each case a unique number in numerical sequence.

A. The District Clerk shall accept and file all felony complaints presented and initiate a case file and identify each case with a unique file number in numerical sequence pending on or filed after June 1, 2010. The County Clerk shall accept and file all misdemeanor complaints presented and initiate a case file and identify each case with a unique file number in numerical sequence.

CRITICALCriminal cases

Applies to

Original bond

A pretrial services officer must collect original bonds from the Sheriff daily and file them with the County or District Clerk.

(1) Bonds. A pretrial services officer shall collect original bonds from the Sheriff daily and file them with the County or District Clerk.

CRITICALCriminal cases

Applies to

Original complaint and magistrates warning

A pretrial services officer must collect the original complaints and Magistrate’s Warnings from the magistrate daily and file them with the County or District Clerk under the accused’s unique file number.

(2) Magistrate's Warning. A pretrial services officer shall collect the original complaints and the Magistrate’s Warnings from the magistrate daily and file them with the County or District Clerk according to the accused’s unique file number.

CRITICALCriminal cases

Applies to

Original magistrates warning

If an incarcerated defendant has not requested appointed counsel, a pretrial services officer must collect the completed original Magistrate’s Warning immediately after it is completed and file it with the County or District Clerk under the accused’s unique file number.

(a) If an incarcerated defendant has not requested appointment of counsel, the completed original Magistrate's Warning will be collected from the magistrate by a pretrial services officer immediately after completion of the warning and filed with the County or District Clerk according to the accused’s unique file number.

CRITICALCriminal cases

Applies to

Magistrate warning

After indigency is determined and counsel is appointed for an indigent incarcerated defendant, the pretrial services officer must deliver the completed original Magistrate's Warning to the clerk for filing under the defendant’s unique file number.

(b) If an incarcerated defendant has requested appointment of counsel, the completed original Magistrate's Warning shall be delivered to the County or District Clerk by the pretrial services officer for filing by the accused’s unique file number after the magistrate has determined the indigency status of the defendant and appointed counsel for the defendant, if found to be indigent.

CRITICALCriminal cases

Applies to

Appointment of counsel documents

After the magistrate completes the indigency determination and counsel appointment, the original appointment applications, indigency affidavits, and related orders must be delivered to a pretrial services officer for filing with the clerk under the accused’s unique file number.

(c) Applications for Court Appointed Attorneys, Affidavits of Indigency and Orders Relating to Appointment of Counsel entered prior to filing case with County or District Clerk. All original applications for court appointed counsel; affidavits of indigency and any orders entered prior to the filing of a case relating to appointment of counsel or determination of indigency shall be delivered to a pretrial services officer after the magistrate has completed the determination of indigency and appointment of counsel for filing with the County or District Clerk by the accused’s unique file number.

CRITICALCriminal cases

Applies to

Miscellaneous case documents

The prosecuting attorney must forward miscellaneous case-related documents to the clerk for filing under the accused’s unique file number upon receipt.

(d) Other. Miscellaneous documents relating to the accused's case (e.g., applications for probation, letters from attorneys, etc.) will be forwarded by the prosecuting attorney upon receipt to be filed with the District or County Clerk to be placed in the accused’s unique file number.

CRITICALCriminal cases

Applies to

Indictment or information

B. All of the documents, with the exception of the original bond, pre-filed by tracking number with the District or County Clerk prior to the filing of an information or return of an indictment will be maintained in the accused’s unique file number in the District or the County Clerk in the official clerk's file. The indictment or information will be filed in the accused’s unique file number along with the pre-filed documents.

B. All of the documents, with the exception of the original bond, pre-filed by tracking number with the District or County Clerk prior to the filing of an information or return of an indictment will be maintained in the accused’s unique file number in the District or the County Clerk in the official clerk's file. The indictment or information will be filed in the accused’s unique file number along with the pre-filed documents.

CRITICALCriminal cases

Applies to

Magistrate warnings and bonds

For certain arrests when an open clerk file already exists under the accused’s unique file number, the pretrial services officer must file the magistrate's warnings and bonds with the appropriate clerk for placement in that file.

C. Magistrate's warnings and bonds made after arrests in other cases where there is already an open clerk's file according to the accused’s unique file number (e.g., arrests after motion to revoke/proceed or after a capias is issued in connection with bond forfeiture) will be filed by the pretrial services officer with the appropriate clerk for placement in the clerk's file.

CRITICALCriminal cases

Applies to

Bond

The clerk's office must maintain original bonds, file an original bond in a bond-forfeiture case file when such a proceeding is filed, and the district attorney's office must file a copy in the criminal case file when an information is filed or an indictment is returned.

D. The district clerk's or county clerk's offices shall maintain the original bonds received directly from the magistrates or a pretrial services officer. If a bond forfeiture proceeding is filed, then the original bond will be filed in that the bond forfeiture case file. The district attorney's office shall file a copy of the bond in the criminal case file when the information is filed or indictment is returned.

CRITICALCriminal cases

Applies to

Pre trial motion

Must include

proposed order, certificate of service, certificate of conference

A pre-trial motion set for hearing must include the specified relief, facts, argument, signatures or oath when required, certificates, hearing notice, and proposed order.

C. Requirements for Motion. Each pre-trial motion that is set for hearing must: (1) succinctly state the relief sought; (2) the facts pertinent to the motion; (3) supporting argument with authorities; (4) must be signed by counsel and, where required, by the defendant; (5) must be sworn to when required; (6) must contain a certificate of service; (7) must contain a certificate of consultation with opposing counsel and a statement that the matter raised in the motion was not resolved that conforms with 6.09 D below; (8) must contain a notice the motion will be presented to the Court at the pretrial hearing with or without evidence; and (9) must contain a proposed order granting or denying the motion in full or in part.

CRITICALCriminal cases

Applies to

Motion

Must include

certificate of conference

Counsel must use the applicable certificate-of-conference form listed in the rule.

For the purposes of this rule, counsel shall use one of the “certificate of conference” forms listed below that applies.

CRITICALCriminal cases

Applies to

Notice of appearance

Immediately upon employment or appointment, defense counsel must give written notice to the district attorney and the district and/or county clerk with the specified case and defendant information.

A. Enter an Appearance of Record. Immediately upon employment or upon court appointment the defense attorney shall give written notice to the district attorney and the district and/or county clerk stating the name of the accused, the date of and the offense(s) charged, tracking number, the unique case file and cause number, if known.

CRITICALCriminal cases

Applies to

Affidavit to release surety

A surety seeking release from liability on a bail bond must complete the Affidavit to Release Surety and present it to the assigned District Judge.

D. Sureties requesting a release on their liability on a Bail bond must complete the Affidavit to Release Surety and present the completed affidavit to the District Judge that the Defendant’s case is assigned to.

CRITICALCivil cases

Applies to

Initial hearing documents

Parties must bring recent pay stubs, W-2s for the two years before filing, and tax returns with schedules for those two years to the initial hearing.

The parties are ORDERED to bring the following documents to the initial hearing conducted in a SAPCR 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 filing of the litigation; and 3. Income tax returns, together with all schedules, for the two years preceding the filing of the litigation.

CRITICALCivil cases

Applies to

Petition

The petitioner must attach a copy of the order to the original petition and every copy of the petition.

The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.

CRITICALCivil cases

Applies to

Petition

When the petition is filed, the clerk must ensure that a copy of the order is attached to the petition and every copy presented.

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.

CRITICALCivil cases

Applies to

Sworn inventory and proposed property division

In disputed property-division cases, each attorney must file a sworn inventory and submit a proposed property division to the Court and opposing counsel by the commencement of trial.

In disputed property division cases, each attorney shall file a sworn inventory and appraisement as set out in rule 4.17 of these local rules and shall submit to the Court and opposing counsel not later than the commencement of trial a proposed property division including property claimed or recognized as separate property.

CRITICALCivil cases

Applies to

Final sworn inventory and appraisement

When division of the marital estate is disputed, each party must exchange a final sworn inventory and appraisement at least 30 days before trial unless the parties waive the requirement in writing.

In a case where the division of the marital estate is in dispute, and unless waived by the parties in writing, each party shall exchange a final sworn inventory and appraisement, no later than thirty (30) days before the trial date.

CRITICALCivil cases

Applies to

Certificate

Must include

local rule certificate

The parties must file a certificate of compliance with the inventory-and-appraisement requirement.

The parties shall file with the court a certificate of compliance with this provision.

CRITICALCivil cases

Applies to

Jury request

For jury cases, a written jury request must be filed and the fee paid at least 30 days before trial.

3. Jury Cases: A written jury request and the fee must be filed and paid thirty (30) days before the trial date.

CRITICALCivil cases

Applies to

Divorce judgment documents

The petitioner’s attorney must prepare and submit the Bureau of Vital Statistics form and divorce decree unless the respondent’s attorney agrees to do so.

(a) Petitioner’s attorney shall prepare and submit the Bureau of Vital Statistics form and the divorce decree, unless Respondent’s attorney agrees to prepare and submit the same.

CRITICALCivil cases

Applies to

Order of assignment of wages

The support-receiving party’s attorney must file a wage-assignment order that conforms to the divorce decree and is properly completed, including employer and payment-amount information.

The support-receiving parties’ attorney shall be responsible for filing the order of assignment of wages. This order shall conform to the decree of divorce and must be properly completed, particularly as it relates to the employer and the amount to be paid weekly, biweekly, and monthly.

CRITICALCivil cases

Applies to

Order of assignment of wages

A wage-assignment order is incomplete unless accompanied by notice to the employer and a request for issuance of the withholding order.

Further, no order assigning wages is complete unless accompanied by notice to the employer and request for issuance of the order withholding.

CRITICALCivil cases

Applies to

Hearing documents

Before the hearing, the Bureau of Vital Statistics form and wage-assignment order must be on file; the hearing date is filled in at the hearing, monetary amounts are left blank, and there are no exceptions.

Before the date of hearing, all cases must have on file the Bureau of Vital Statistics form, (except date of hearing which will be filled in on date of hearing) and the order of assignment of wages. (Leave blank spaces for monetary amounts). There will be no exceptions.

CRITICALCivil cases

Applies to

Child support information

In every child-support suit, each parent must furnish the Court the information described in Texas Family Code § 154.063.

In all suits involving child support, each party who is a parent shall furnish to the Court the information described for determination of child support set out in Section 154.063, Texas Family Code, as amended.

CRITICALCivil cases

Applies to

Supplemental final sworn inventory and appraisement

The final sworn inventory and appraisement must be supplemented no later than seven days before trial.

A final sworn inventory and appraisement shall be supplemented on or before and no later than seven (7) days before trial.

CRITICALCivil cases

Applies to

Mediated settlement agreement

A mediated settlement agreement is binding only if it states that it is not subject to revocation and is signed by each party and by each party’s attorney who is present when it is signed.

A meditated settlement agreement shall be binding on the parties if the agreement states that it is not subject to revocation, it is signed by each party, and by each party’s attorney who is present at the time the agreement is signed.

CRITICALCriminal cases

Applies to

Plea form

The defendant must initial the blanks and check off or circle items where appropriate.

Defendant to initial blanks, and check off or circle where appropriate.

CRITICALCriminal cases

Applies to

Plea form

The defendant is instructed to initial the Judicial Confession and Stipulations section.

## Judicial Confession and Stipulations (Initial Here). [Declaración Judicial y Estipulaciones. (Anote sus iniciales a continuación).]

CRITICALCriminal cases

Applies to

Trial court certification

The trial court must enter a certification of the defendant’s right to appeal whenever it enters a judgment of guilt or another appealable order.

The trial court shall enter a certification of the defendant's right to appeal in every case in which it enters a judgment of guilt or other appealable order.

CRITICAL

Applies to

Ex parte application

An ex parte application must include a certificate signed by counsel establishing one of the specified representation or notice circumstances.

Every application for relief ex parte shall contain a certificate signed by counsel that: 1. to the best of his or her knowledge the party against whom relief is sought ex parte is not represented by counsel in the matter made the basis of the relief sought; 2. counsel for the party against whom relief is sought ex parte has been notified of the application and has stated whether he or she wishes to be heard; or 3. diligent attempts to notify counsel for the party against whom ex parte relief is sought have been unsuccessful, and the circumstances do not permit additional efforts to give notice.

CRITICAL

Applies to

Discovery motion

Must include

proposed order, certificate of conference

3. Includes a proposed order and certificate of conference pursuant to Local Rule 3.24.

3. Includes a proposed order and certificate of conference pursuant to Local Rule 3.24.

CRITICAL

Applies to

Complex case designation

For a case designated complex by the Court, the parties must file a Complex Designation Order and submit a Complex Case Docket Control and Scheduling Order in the forms prescribed in Appendices B and C for court approval.

If a case is designated as complex by the Court, the parties shall file a Complex Designation Order and submit a Complex Case Docket Control and Scheduling Order in the form prescribed in Appendices B and C for the Court’s approval.

CRITICAL

Applies to

Pretrial guideline order

After a new lawsuit is assigned a cause number and court, the parties are set for a hearing on a pre-trial guideline order; they need not appear if all parties submit the approved agreed order and the court approves it before the hearing.

Upon the filing of a new lawsuit with the assignment of a cause number and court, the parties will be set for hearing for the entry of a pre-trial guideline order. If all parties to the litigation submit an Agreed Pre-Trial Guideline Order on the approved form by the Webb County District Courts and County Courts at Law and the respective court approves same prior to the hearing date, then the parties do not need to appear at the hearing for Entry of Pre-Trial Guideline Order.

CRITICAL

Applies to

Certificate

Level 3 and designated Complex Cases must submit a joint Certificate of Progress 60 days before the Final Pre-Trial Hearing, containing the specified status updates and hearing requests.

In Level 3 and cases designated as Complex Cases pursuant to Local Rule 3.33, all parties are required to submit a joint Certificate of Progress to the Court 60 days before the Final Pre-Trial Hearing. The joint Certificate of Progress shall advise the court: (1) the status of mediation; (2) all pending motions for which any party is requesting a ruling prior to the Final Pre-Trial Hearing and submit/re-submit any proposed orders thereon; (3) any outstanding discovery or concerns as to whether discovery will be completed prior to the discovery deadline; and (4) good faith identification of those matters for which the parties anticipate a need for hearing at the final pre-trial hearing and estimated time of argument on each dispute.

CRITICAL

Applies to

Joint final pretrial report

All parties must submit a Joint Final Pre-Trial Report on the approved form seven days before the final pre-trial hearing.

All parties are required to submit a Joint Final Pre-Trial Report seven days before the final pre-trial hearing on the approved form for the Webb County District Courts and the County Courts.

CRITICAL

Applies to

Trial exhibit list

Each attorney must prepare a trial-exhibit list and provide a copy to the court and opposing counsel before trial.

Each attorney shall prepare a list of trial exhibits and provide the court and opposing counsel a copy of this list prior to trial.

CRITICAL

Applies to

Deposition testimony designations

Proffering counsel must file and serve deposition-testimony line-and-page designations at least one week before the final pretrial conference.

A proffering counsel must file and serve line and page designations for deposition testimony that will be offered at trial at least 1 week before the final pretrial conference.

CRITICAL

Applies to

Request for ruling

An opposing attorney must file and serve a request for a ruling on deposition-testimony objections and cross-line-and-page designations at least three days before the final pretrial conference.

An opposing attorney must then file and serve a request for ruling on any objection lodged to the deposition testimony and cross line and page designations at least 3 days before the final pretrial conference.

CRITICAL

Applies to

Jury questions and instructions

Attorneys with cases on the jury docket must report at 8:15 a.m. on the trial and jury-selection date and submit written proposed initial jury questions or instructions with supporting legal authorities, unless ordered to do so earlier.

Attorneys whose cases are on the jury docket shall report to court at 8:15 a.m. on the date set for trial and jury selection and submit to the court, in proper written form, their proposed initial jury questions/instructions, and legal authorities in support of same, unless ordered to do so earlier.

CRITICAL

Applies to

Order and judgment

The order and judgment must be forwarded to opposing counsel for approval as to form within seven days.

The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.

CRITICAL

Applies to

Contested divorce submission

In contested divorce cases, the petitioner's attorney or pro se petitioner must prepare and submit the proposed divorce decree and Bureau of Vital Statistics form in accordance with Rules 3.43 and 4.10.

In contested divorce cases the petitioner's attorney, or pro-se petitioner, shall prepare and submit the proposed decree of divorce and the bureau of vital statistics form in with Rule 3.43 and 4.10.

CRITICAL

Applies to

Uncontested divorce submission

In uncontested divorce cases, the petitioner's counsel or pro se petitioner must submit the proposed divorce decree, Bureau of Vital Statistics form, wage-assignment order, notice to employer, and income-withholding order for support.

In uncontested divorce cases, the petitioner's counsel or pro-se petitioner shall be responsible for submitting the proposed divorce decree, bureau of vital statistics form, assignment of wages order, notice to employer, order withholding income for support.

CRITICAL

Applies to

Order of assignment of wages

In divorce cases the attorney for the party receiving child support shall file the order of assignment of wages, which will conform with the decree of divorce and must be properly completed, especially as it relates to the employer, amount to be paid weekly, biweekly, or monthly.

In divorce cases the attorney for the party receiving child support shall file the order of assignment of wages, which will conform with the decree of divorce and must be properly completed, especially as it relates to the employer, amount to be paid weekly, biweekly, or monthly.

CRITICAL

Applies to

Order of assignment of wages

A wage-assignment order is incomplete unless accompanied by a notice to the employer and a request for issuance of the wage-withholding order.

Further, no order of assigning wages is complete, unless accompanied by notice to employer and request for issuance of the order withholding wages.

CRITICAL

Applies to

Pretrial forms

Before final trial, all cases must have on file the Bureau of Vital Statistics form, with the hearing date left to be completed on the hearing date, and the wage-assignment order with monetary amounts left blank.

Before the date of final trial, all cases must have on file the Bureau of Vital Statistics form (except for date of hearing which will be filled in on date of hearing) and the order for assignment of wages (leave blanks for monetary amounts).

CRITICAL

Applies to

Post divorce decree order

In post-divorce-decree matters, the prevailing party through counsel must submit the granted orders to the court and provide a copy to adverse counsel and/or the pro se party.

In all post divorce decree matters, ie., motions to modify, to enforce, etc., the prevailing party through their attorney shall submit the appropriate Orders as granted by the court, to the court, copy to adverse counsel, and/or pro se party, after which the court will process it for entry, as stated above.

CRITICAL

Applies to

Pleading

Every party pleading must be properly titled.

Every pleading of a party shall be properly titled.

CRITICAL

Applies to

Motion and order

A motion and its order must be properly identified, such as by using titles that identify the motion and corresponding order.

The motion and order must be properly identified, e.g. "Plaintiff's Motion for Summary Judgment" and "Order Setting Plaintiff's Motion for Summary Judgment."

CRITICAL

Applies to

Order or judgment

When registry funds are deposited, counsel and attorneys ad litem must ensure the order or judgment instructs the clerk how to dispose of the funds and includes the specified information for all interested parties.

In cases where monies are deposited into the registry of the court, it shall be the responsibility of all counsel and attorneys ad litem to make certain that the order or judgment instructs the district clerk about the disposition of the monies. Any order or judgment filed under this section shall also include the names, the last four digits of the social security numbers, addresses and phone numbers of all interested parties.

CRITICAL

Applies to

Divorce decree

The petitioner’s attorney must prepare and submit the Bureau of Vital Statistics form and divorce decree unless the respondent’s attorney agrees to do so.

Petitioner’s attorney shall prepare and submit the Bureau of Vital Statistics form and the divorce decree, unless Respondent’s attorney agrees to prepare and submit the same.

CRITICAL

Applies to

Order of assignment of wages

The support-receiving party’s attorney must file a wage-assignment order conforming to the divorce decree, properly specifying the employer and payment amounts, and accompanied by notice to the employer and a request for issuance of the withholding order.

The support-receiving parties’ attorney shall be responsible for filing the order of assignment of wages. This order shall conform to the decree of divorce and must be properly completed, particularly as it relates to the employer and the amount to be paid weekly, biweekly, and monthly. Further, no order assigning wages is complete unless accompanied by notice to the employer and request for issuance of the order withholding.

CRITICAL

Applies to

Hearing documents

Before the hearing, every case must have the Bureau of Vital Statistics form and wage-assignment order on file; the hearing date is completed at the hearing, monetary amounts are left blank, and there are no exceptions.

Before the date of hearing, all cases must have on file the Bureau of Vital Statistics form, (except date of hearing which will be filled in on date of hearing) and the order of assignment of wages. (Leave blank spaces for monetary amounts). There will be no exceptions.

CRITICAL

Applies to

Initial hearing documents

In SAPCR and divorce cases, parties must bring the listed earnings documents to the initial hearing.

G. Earnings Information to Initial Hearing. The parties are ORDERED to bring the following documents to the initial hearing conducted in a SAPCR 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 filing of the litigation; and 3. Income tax returns, together with all schedules, for the two years preceding the filing of the litigation.

CRITICAL

Applies to

Disputed property division filings

In disputed property division cases, each attorney must file a sworn inventory and appraisement and submit a proposed property division to the Court and opposing counsel by the commencement of trial.

In disputed property division cases, each attorney shall file a sworn inventory and appraisement as set out in rule 4.17 of these local rules and shall submit to the Court and opposing counsel not later than the commencement of trial a proposed property division including property claimed or recognized as separate property.

CRITICAL

Applies to

Temporary orders hearing documents

Unless the parties agree otherwise or good cause is shown and the court approves, parties in specified temporary-orders hearings must complete and exchange the listed financial documents before the hearing begins.

A. Temporary Orders. Unless otherwise agreed to by the parties, or for good cause and court approval, in any hearing for temporary orders in which child support or spousal support is an issue, the parties shall complete and exchange the following documents prior to the commencement of the hearing: 1. A sworn statement of the household usual and ordinary monthly income and expenses; 2. Copies of that party’s federal income tax returns for the two calendar years preceding the filing of the Original Petition or Suit Affecting Parent-Child Relationship; 3. All payroll statements, pay stubs, W2 forms and 1099 forms, and all supporting schedules, and any other document evidencing any and all of that party’s earning for the calendar year immediately prior to the filing of the Original Petition for Divorce or Suit Affecting Parent-Child Relationship for child support (SAPCR) and from January 1 of the current year through the date of the final hearing; and 4. Copies of any financial statements prepared for any financial institution for the years prior to the first hearing from January 1 of the current year through the date of the final hearing.

CRITICAL

Applies to

Inventory

Each inventory must list property and values, liabilities and related details, identify claimed separate property, and include beneficial insurance interests and employment benefits.

C. Inventory. Each inventory shall list each items of property and its value, and shall also list each liability, together with the 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. All beneficial interest in insurance and all benefits arising from a party’s employment (such as

CRITICAL

Applies to

Child support information

In suits involving child support, each parent must provide the Court the child-support determination information specified by Texas Family Code Section 154.063.

In all suits involving child support, each party who is a parent shall furnish to the Court the information described for determination of child support set out in Section 154.063, Texas Family Code, as amended.

CRITICAL

Applies to

Certificate

The parties must file a certificate of compliance with the inventory-and-appraisement exchange requirement.

The parties shall file with the court a certificate of compliance with this provision.

CRITICAL

Applies to

Original complaint

The original complaint must bear the unique file number, and the district clerk must open the district court felony case file.

B. The unique file number shall be placed on the original complaint presented and the district clerk shall open the district court felony case file provided for in Rule 6.02 A.

CRITICAL

Applies to

Indictment

The Criminal District Attorney must note specified pending-case, co-defendant, and tracking information on a non-substantive part of the indictment.

F. The Criminal District Attorney shall note on a non-substantive part of the indictment the following information. 1. Whether there are other pending indicted causes on the defendant; whether the indictment is a re-indictment; 2. The names of any Co-defendants; 3. The tracking number and/or assigned unique file number.

CRITICAL

Applies to

Pretrial motion

Must include

proposed order, certificate of service, certificate of conference

Each pre-trial motion set for hearing must state the relief sought and pertinent facts, provide supporting argument and authorities, and include the specified signatures, certificates, notice, and proposed order, subject to the stated conditions.

Each pre-trial motion that is set for hearing must: 1. succinctly state the relief sought; 2. the facts pertinent to the motion; 3. supporting argument with authorities; 4. must be signed by counsel and, where required, by the defendant; 5. must be sworn to when required; 6. must contain a certificate of service; 7. must contain a certificate of consultation with opposing counsel and a statement that the matter raised in the motion was not resolved that conforms with 6.09 D below; 8. must contain a notice the motion will be presented to the Court at the pretrial hearing with or without evidence; and 9. must contain a proposed order granting or denying the motion in full or in part.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Counsel must use the applicable certificate-of-conference form listed in the rule.

For the purposes of this rule, counsel shall use one of the “certificate of conference” forms listed below that applies.

CRITICAL

Applies to

Motion

Must include

certificate of service

A motion must include a certificate stating opposing counsel's name and address and how the copy was delivered.

Whenever any attorney files any pleading or motion, he shall at the same time either hand deliver, mail, email or fax a copy to opposing counsel. The motion must be accompanied with a certificate stating the name, address, of opposing counsel and how it was delivered.

CRITICAL

Applies to

Appearance notice

Upon employment or appointment, defense counsel must give written notice to the district attorney and applicable clerk with the specified case and defendant information.

Immediately upon employment or upon court appointment the defense attorney shall give written notice to the district attorney and the district and/or county clerk stating the name of the accused, the date of and the offense(s) charged, tracking number, the unique case file and cause number, if known.

CRITICAL

Applies to

Motion to withdraw

The withdrawing attorney must sign the motion, and engaged substitute counsel must add a signature and mailing address, thereby appearing for all purposes.

The motion to withdraw must be signed by the attorney requesting withdrawal; furthermore, if substitute counsel has been engaged, his signature and mailing address shall be affixed to the motion constituting an appearance for all purposes.

CRITICAL

Applies to

Motion to substitute counsel

Newly retained counsel may substitute only if they certify readiness to proceed without delaying the case.

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

CRITICAL

Applies to

Motion to substitute counsel

A substitution motion that will cause delay requires a hearing; if the specified signatures and a no-delay certification accompany the motion, the court will sign it without a formal hearing.

A motion to substitute counsel that will cause delay requires a hearing. If the motion is signed by counsel withdrawing, substitute counsel and/or client, and is accompanied by a statement certifying that no delay will occur, the court will sign the motion without formal hearing.

CRITICAL

Applies to

Motion to withdraw

If substitute counsel’s and/or the client’s signature is missing, withdrawing counsel must attach the specified client cover letter, and the motion must be heard before withdrawal is permitted.

If substitute counsel's and/or the client's signature fails to appear on the motion, withdrawing counsel shall attached to the motion a copy of the cover letter forwarding a copy of the motion to his client advising him/her of the filing of the motion and the date and time of the hearing. The motion shall be set down for hearing and not withdrawal shall be permitted unless and until the matter has been heard.

CRITICAL

Applies to

Pre trial order

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

This Pre-Trial Guideline Order must be completed, executed and filed with the Court by _____________ ______ (date) or the Parties must appear for a Pre-Trial Conference on ______________________ (date) for entry of a Pre-Trial Guideline Order.

CRITICAL

Applies to

Conference statement

Counsel must submit a brief statement of their preliminary factual understanding and critical factual and legal issues to the court three days before the conference; it is not filed with the clerk, is nonbinding, does not waive claims or defenses, and may not be used as evidence against a party.

Three days before the conference, counsel will submit to the court a brief written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues. These statements will not be filed with the clerk, will not be binding, will not waive claims or defenses, and may not be offered into evidence against a party in this proceeding or in any later proceedings.

CRITICAL

Applies to

List

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

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

CRITICAL

Applies to

Motion

Must include

certificate of conference

A motion filed before the conference must include a certificate confirming a good-faith effort to resolve the matter with opposing counsel, unless the court grants leave.

No motion shall be filed prior to the conference without leave of court and unless it includes a certificate that the Movant has conferred with opposing counsel in a good-faith effort to resolve the matter without court action.

CRITICAL

Applies to

Joint final pretrial report

The joint final pretrial report must include the specified counsel, case, jurisdiction, motion, party-contention, fact, and legal-proposition information.

1. APPEARANCE OF COUNSEL. List each party, its counsel, and counsel’s address and telephone number in separate paragraphs. 2. STATEMENT OF THE CASE. Give a brief statement of the case, one that the judge could read to the jury panel for an introduction to the facts and parties; include names, dates, and places. 3. JURISDICTION. Briefly specify the jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state it. 4. MOTIONS. List pending motions. 5. CONTENTIONS OF THE PARTIES. State concisely in separate paragraphs each party’s claims. 6. ADMISSIONS OF FACT. List all facts that require no proof. 7. CONTESTED ISSUES OF FACT. List all material facts in controversy. 8. AGREED PROPOSITIONS OF LAW. List the legal propositions that are not in dispute. 9. CONTESTED PROPOSITIONS OF LAW. State briefly the unresolved questions of law, with authorities to support each.

CRITICAL

Applies to

Joint final pretrial report

Each party must attach two exhibit lists on a form similar to the clerk’s form, make exhibits available to opposing counsel, and exchange documentary exhibits before trial except for rebuttal or unanticipated-use exhibits.

a. On a form similar to the one provided by the clerk, each party will attach two lists of all exhibits expected to be offered and will make the exhibits available for examination by opposing counsel. All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated.

CRITICAL

Applies to

Exhibit objection

Other exhibit-admissibility objections must, within reason, be made at least three days before trial, and disputes must be reported to the Court in writing with the disputed exhibit and supporting authority.

c. Within reason, other objections to admissibility of exhibits must be made at least three (3) days before trial; the Court will be notified in writing of disputes, with copies of the disputed exhibit and authority.

CRITICAL

Applies to

Joint final pretrial report

The report must list potential witnesses’ names, addresses, and expected testimony, and include expert witnesses’ qualifications.

a. List the names and addresses of witnesses who may be called with a brief statement of the nature of their testimony. Include the qualifications of expert witnesses; these will be used to qualify the expert at trial.

CRITICAL

Applies to

Joint final pretrial report

The report must state that settlement efforts are exhausted and the case must be tried, and must state the probable trial length and specified logistical issues.

12. SETTLEMENT. State that all settlement efforts have been exhausted, that the case cannot be settled, and that it will have to be tried. 13. TRIAL. State the probable length of trial; logistical problems including the availability of witnesses, out-of-state people, bulky exhibits and demonstrations.

CRITICAL

Applies to

Joint final pretrial report

The report must include a proposed charge with specified components and authority for a jury trial, or proposed findings of fact and conclusions of law with authority for a non-jury trial.

14. ATTACHMENTS. Include these required attachments: a. For a jury trial: proposed charge (including instructions, definitions, and special interrogatories, with authority). b. For a non-jury trial: proposed findings of fact (without repeating uncontested facts) and conclusions of law, with authority.

CRITICALCriminal cases

The attorney must notify the judge of the defendant’s hearing disability by written motion filed with the court or on the record.

An attorney representing a hearing-impaired criminal defendant shall bring his/her client's disability to the attention of the judge by written motion filed with the court or on the record.

CRITICALCriminal cases

The criminal defense attorney must notify the court by written motion or on the record when interpreter services will be needed for a status conference, hearing, or other judicial proceeding.

In accordance with the Code of Criminal Procedure, the criminal defense attorney shall notify the court by written motion or on the record that interpreter services will be needed for any status conference, hearing, or any other judicial proceeding.

CRITICALCriminal cases

If the defendant is to be placed on probation, the probation officer must notify the court in writing or on the record if the hearing impairment may affect the defendant’s ability to meet probation conditions.

If a criminal defendant is to be placed on probation, the probation officer for the criminal defendant shall notify the court in writing, or on the record, if the criminal defendant's hearing impairment will in any way affect his or her ability to meet all conditions of probation.

CRITICALCriminal cases

The probation officer must inform the court of available alternative programs that would allow the defendant to participate in all probation programs.

The probation officer for the criminal defendant shall also inform the court of any available alternative programs that would allow the criminal defendant to participate in all probation programs.