Wharton County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
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Document Filing Requirements16 rules
A case may be placed on the Active Trial Docket only after a party or attorney submits a written trial-setting request certifying the listed information and case-readiness matters.
Court's wording
3.2.1 Trial Settings - A case shall be placed on the “Active Trial Docket” only after the Court receives written request from a party or his attorney of record, requesting that the case be set for trial. Such request shall certify: 3.2.1.1 Whether the case is jury or non-jury. 3.2.1.2 The approximate number of days required to try the case. 3.2.1.3 The names and address of all parties or their attorneys of record. 3.2.1.4 That a copy of the request has been served on all other parties or their attorneys of record at the addresses indicated. 3.2.1.5 That the pleadings are in order. 3.2.1.6 That no attorney of record on whom a copy of the request is served has withdrawn from the case. 3.2.1.7 That all written and filed agreements to take depositions and to produce a party for physical examination have been accomplished. 3.2.1.8 That all necessary ad litem appointments have been made. 3.2.1.9 That all matters preliminary to trial have been accomplished. 3.2.1.10 That the case is ready for trial.
3.4.1 Trial Settings - Requests for trial settings, both jury and non-jury, shall be in writing and in the form prescribed by the Court. The setting request form is available from the Court Coordinator.
When requesting signature of a final decree in a divorce or SAPCR case, applicable specified forms must be completed and presented to the Clerk.
Court's wording
4.1 **REPORTS PURSUANT TO A DIVORCE** - Upon requesting the judge to sign a final decree in a divorce case or a SAPCR case, a Report of Divorce form, Notice of Child Support form, and Information on Child in Suit Affecting Parent-child Relationship form, as may be applicable, shall be filled out and presented to the Clerk.
A child support order in temporary orders must state that payments are made through the Wharton County Child Support Office at the listed address.
Court's wording
4.2 **CHILD SUPPORT PAYMENTS** - All Child Support Orders shall include the statement that all support payments shall be made through the following office: 4.2.2 Temporary Orders: Wharton County Child Support Office PO Box 807 103 S Fulton Street Wharton, Texas 77488
A child support order in a final decree must state that payments are made through the Texas Child Support Disbursement Unit at the listed address.
Court's wording
4.2 **CHILD SUPPORT PAYMENTS** - All Child Support Orders shall include the statement that all support payments shall be made through the following office: 4.2.1 Final Decree: Texas Child Support Disbursement Unit PO Box 659791 San Antonio, TX 78265-9791
4.4 FINANCIAL INFORMATION STATEMENT - A Financial Information Statement approved by the court is to be completed and furnished to opposing counsel and the Court prior to any show cause hearing and/or hearing on the merits in domestic relations cases.
4.3.2 The name and address of the Obligor's employer must accompany the Order for Withholding from Income for child support.
4.3.1 Child support payments are to be ordered withheld from the Obligor's earnings.
Divorce decrees and child-support orders following contempt hearings must include the specified annual $36 service-fee paragraph.
Court's wording
4.3 ANNUAL SERVICE FEE ON CHILD SUPPORT PAYMENTS - All Divorce Decrees and Support Orders after contempt hearings involving child support shall contain the following paragraph: "It is further ordered that _______________, the person ordered to make payments for child support, shall pay a fee of $36.00 annually to the Child Support Office of this Court, by a separate Cashier's Check or Money Order, and the first annual payment of this service fee is to be paid in addition to the amount of support, on same date of first support payment, and then $36.00 payable annually on the same date of each year thereafter until child support is no longer required to be paid in this cause."
Certificates of completion must be on file with the district clerk prior to the final hearing.
The adult parties to all divorce suits and suits involving minor children shall attend the Families and Divorce Seminar, or a similar course, prior to the final divorce hearing.
If a child is subject to a prior court order, attach the entire order to the divorce petition.
Court's wording
Further, in a divorce, if a child has been the subject of a prior Court Order either here or in another county, the prior court ruling must be attached to your Petition. (This means the entire order, not various pages from it.)
Form VS-165 Information on Suit Affecting The Family Relationship is completed. (Obtain from District Clerk)
A Final Decree of Divorce or an Order in Suit Affecting the Parent-child relationship is prepared and in hand;
In cases involving minor children, the Families and Divorce Seminar has been attended and a certificate of completion is on file with the District Clerk;
A signed and notarized Waiver of Service has been filed with the District Clerk;
Filing & Service rules
Filing Timing and Cure Windows
The divorce petition must have been on file for at least 60 days before the final hearing.
The divorce petition must be on file for at least 60 days before the final hearing can be held.
Page 1 | INFORMATION FOR FILING A DIVORCE -PRO SE- WHARTON COUNTY, TEXAS
A case may be set for a final hearing after the respondent has filed an answer.
anytime after respondent has filed an answer;
Page 2 | DO NOT CALL TO SET YOUR CASE FOR FINAL HEARING UNTIL:
Service and Proof of Service Rules
A party is entitled to 45 days’ notice after service of a setting request and before jury docket call.
3.2.4 A party to a case is entitled to 45 days notice after service of a copy of a setting request before jury docket call for the case.
Page 3 | 3.2 SETTINGS IN THE 329TH JUDICIAL DISTRICT COURT
The party scheduling a hearing must serve proper hearing notice within the time and manner prescribed by the applicable procedural rule.
It shall be the duty of the party scheduling the hearing to serve or cause to be served the proper notice of the hearing within the time limits and in the manner prescribed by the Texas Rules of Civil Procedure or other applicable rule of law.
Page 4 | 3.3 MOTIONS AND SHORT HEARINGS - 329TH JUDICIAL DISTRICT COURT
The party obtaining a trial setting must notify all parties or their attorneys in writing of the setting’s date and time.
3.2.4 A party to a case is entitled to 45 days notice after service of a copy of a setting request before jury docket call for the case. The Court, in its discretion, shall determine how many cases with the highest setting priority shall be placed on any particular call of the docket, and the party obtaining the setting shall notify all parties or their attorneys of record in writing as to the date and time of the setting.
Page 4 | 3.2 SETTINGS IN THE 329TH JUDICIAL DISTRICT COURT
A party obtaining a hearing setting must immediately notify all other parties, except in ex parte matters.
Any party obtaining a setting from the Court Coordinator must immediately notify all other parties (except for ex-parte matters).
Page 5 | 3.4.2 Hearings
Proper notice of the hearing date must be sent before setting a contested hearing.
You have sent proper notice of the hearing date;
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A case may be set for a final hearing after the respondent has been served, the citation return has been on file at least 10 days, and the respondent's answer date has passed.
The respondent has been served with citation, the citation return has been on file at least 10 days and respondent's answer date has passed;
Page 2 | DO NOT CALL TO SET YOUR CASE FOR FINAL HEARING UNTIL:
Pre-Motion Conference Requirements
Before jury docket call, the Court must hear unresolved pretrial motions, conduct a Rule 166 pretrial conference, and assign a trial date unless it grants a continuance.
3.2.5 Prior to jury docket call, the Court shall hear all unresolved pre-trial motions, conduct a pre-trial conference pursuant to Rule 166, and shall assign a trial date for the case unless a continuance is granted.
Page 4 | 3.2 SETTINGS IN THE 329TH JUDICIAL DISTRICT COURT
Matters requiring an evidentiary hearing lasting more than half a day must be referred to mediation before a hearing setting may be obtained.
All matters requiring an evidentiary hearing lasting longer than ½ day shall be referred to mediation before a setting may be obtained.
Page 4 | 3.3 MOTIONS AND SHORT HEARINGS - 329TH JUDICIAL DISTRICT COURT
Adjournment & Extension Requirements
Setting priority follows the order requests are received and is maintained until trial or removal by a granted continuance, but priority is lost if a continuance is granted at docket call.
3.2.3 The setting priority for cases on an active trial docket shall be the order in which setting requests are received by the Court. The case shall maintain its setting priority relative to other cases on the active trial docket until it is either tried or removed from the active trial docket by the granting of a continuance. (As a means of discouraging premature setting requests solely to establish a high docket priority, setting priority will be lost if a continuance is granted at docket call.)
Page 3 | 3.2 SETTINGS IN THE 329TH JUDICIAL DISTRICT COURT
Chambers Communication Rules
The Court should be informed as to whether the matter is contested and the estimated amount of time required for the hearing.
The Court should be informed as to whether the matter is contested and the estimated amount of time required for the hearing.
Page 4 | 3.3 MOTIONS AND SHORT HEARINGS - 329TH JUDICIAL DISTRICT COURT
A party seeking to schedule a motion or short hearing should preview the Court’s calendar and contact the Court Coordinator by telephone or email to determine an acceptable hearing date and time.
A party or his attorney of record who wishes to schedule a motion or other short hearing should 1.) preview the court’s calendar at www.329th.com, and 2.) communicate with the Court Coordinator by telephone, or by email, to determine an acceptable date and time for the hearing.
Page 4 | 3.3 MOTIONS AND SHORT HEARINGS - 329TH JUDICIAL DISTRICT COURT
An informal confirmation by the Court or its Coordinator is sufficient to reserve a hearing time, although written confirmation is preferred.
Nothing other than an informal confirmation by the Court or the Court’s Coordinator is required in order to have the Court reserve that time for the hearing, however, a written confirmation of the setting is preferred.
Page 4 | 3.3 MOTIONS AND SHORT HEARINGS - 329TH JUDICIAL DISTRICT COURT
Settings-related correspondence for the 329th District Court coordinator may be directed to the listed email address or phone number.
Coordinator-329th District Court Wharton County Courthouse 100 S. Fulton, Suite 200 Wharton, Texas 77488 (979) 532-1514 cassie@329th.com
Page 5 | 3.5 Correspondence
Settings-related correspondence for the 23rd District Court coordinator may be directed to the listed email address or phone number.
Coordinator-23rd District Court Wharton County Courthouse Matagorda County Courthouse dc.23d@outlook.com (979) 549-8625
Page 5 | 3.5 Correspondence
Hearing settings may be requested from the Court Coordinator by mail, email, telephone, or telecopier.
3.4.2 **Hearings** - Hearings on motions and other ancillary matters shall be set by mail, e-mail, telephonic, or telecopier request to the Court Coordinator.
Page 5 | 3.4.2 Hearings
To schedule a court date in the 329th District Court, call the listed number or email the Court Administrator.
For scheduling a court date in the 329th District Court, please call: (979) 532-1514, or e-mail the Court Administrator at: cassie@329th.com
Page 2 | DO NOT CALL TO SET YOUR CASE FOR FINAL HEARING UNTIL:
Contact the District Clerk at the listed number for filing information and fees.
For filing information and fees, the District Clerk's telephone number is: (979) 532-5542.
Page 2 | DO NOT CALL TO SET YOUR CASE FOR FINAL HEARING UNTIL:
To schedule a court date in the 23rd District Court, call the listed number.
For scheduling a court date in the 23rd District Court, please call: (979) 864-1205.
Page 2 | DO NOT CALL TO SET YOUR CASE FOR FINAL HEARING UNTIL: