Willacy County Court Document Filing Requirements

Applies to

Discovery or protection motion

Must include

certificate of conference

A discovery or protective motion must include a certificate that the filing party made a good-faith effort to resolve the discovery issues without court intervention.

Any motion for discovery or for protection under the Texas Rules of Civil Procedure must contain a certificate of conference completed by the party filing same which certities that said party has made a good faith effort as required under Tex.R.Civ.P. 191.2 to resolve the discovery issues without court intervention.

Applies to

Protective order request

Counsel seeking a protective order in a family law matter must have a bona fide belief that family violence occurred, may not use the request to obtain possession absent that belief, and must submit an affidavit stating the belief.

Counsel seeking Protective Orders in family law matters must have a bona fide belief that any alleged family violence has in fact occurred and must not use a request for a Protective Order as means to obtain possession of a residence or of children absent that bona fide belief. An affidavit stating the bona fide belief is mandatory.

An attorney of record seeking withdrawal must present a Rule 10 motion, obtain a ruling and signed order granting withdrawal, and comply with the rule’s notice requirements for the former client.

No attorney of record shall be permitted to withdraw from any case without presenting a Motion pursuant to Tex.R.Civ.P. 10, including all requirements of same, obtaining a ruling and a signed Order granting withdrawal, and complying with the notice requirements for the former client under said Rule.

Applies to

Trial announcement

At trial-readiness announcements, counsel must submit proposed jury-charge questions and instructions and advise the Court about conflicting engagements, settlement discussions, and stipulations.

At the time of announcements, counsel shall submit to the Court proposed questions and instructions for the jury charge. They will also advise the judge of anticipated conflicting engagements during the week of trial that may affect counsel's ability to attend trial. They will also advise the Court whether settlement discussions are exhausted and of discussions on stipulations.

Applies to

Proposed order decision judgment

Unless the Court directs otherwise, counsel shall submit proposed orders, decisions, and judgments to the Court for approval and signature within thirty (30) days after rendition or announcements of settlement.

Unless the Court directs otherwise, counsel shall submit proposed orders, decisions, and judgments to the Court for approval and signature within thirty (30) days after rendition or announcements of settlement.

Applies to

Temporary restraining order request

An ex parte temporary restraining order request in a family law matter must not ask the court to exclude a party from a joint residence or that party's own residence.

Requests for ex parte Temporary Restraining Orders in family law matters shall not include any request that the Court exclude a party from a joint residence or that party's own residence.

Applies to

Exclusive possession request

A request for exclusive possession of a residence must be made only after notice and a hearing, except as specifically provided by the Texas Family Code.

Any and all requests that one party be awarded exclusive possession of a residence shall be made only after notice and hearing except as otherwise specifically provided by the Texas Family Code.

Applies to

Withdrawal receipt

The party withdrawing court files must give the Clerk a receipt specifying the pleadings or papers withdrawn.

A receipt specifying the pleadings or papers withdrawn shall be given to the Clerk by the party withdrawing them.

Applies to

Protective order or child possession writ request

A request for a protective order or a writ of habeas corpus to obtain possession of a child in a family law matter must include an affidavit specified in the Texas Family Code.

(b) Requests for Protective Orders or for a Writ of Habeas Corpus for obtaining possession of a child in a family law matter shall not be submitted without an affidavit as specified in the Texas Family Code.

Applies to

Withdrawal order

An order authorizing withdrawal of court files must state when the files must be returned to the Clerk.

The order shall state the time within which the same shall be returned to the Clerk.

Applies to

Ex parte application

(c) Counsel presenting any application for an ex parte order shall at the time the application is presented further certify in writing that to the best of his or her knowledge, the case is which the application is presented is not subject to transfer under

(c) Counsel presenting any application for an ex parte order shall at the time the application is presented further certify in writing that to the best of his or her knowledge, the case is which the application is presented is not subject to transfer under

Applies to

Ex parte application

When presenting an ex parte application, counsel must certify in writing that the opposing party is unrepresented or, if represented, that counsel was notified and does not wish to be heard, or that diligent notice efforts failed and circumstances do not permit more efforts.

Counsel presenting any application for an ex parte order shall at the time the application is presented certify in writing to the Court that: (1) to the best of his knowledge the party against whom the relief is sought is not represented by counsel in the matter made the basis of the suit in which the relief is sought; or (2) if such party is so represented by counsel, that (1) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) that counsel presenting the application has diligently attempted to notify such counsel and has been unable to do so and the circumstances do not permit additional efforts to give notice.