Willacy County District Court Document Filing Requirements

CRITICAL

An attorney of record may withdraw only after presenting a motion that complies with Texas Rule of Civil Procedure 10, obtaining a ruling and signed withdrawal order, and satisfying 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.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery or protective motion must include a certificate of conference certifying 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 certifies 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.

CRITICAL

Applies to

Trial announcement

At trial announcements, counsel must submit proposed jury-charge questions and instructions and advise the judge about trial-week conflicts, 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.

CRITICAL

Applies to

Application for ex parte order

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

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

CRITICAL

Applies to

Proposed orders decisions judgments

Unless the Court directs otherwise, counsel must submit proposed orders, decisions, and judgments for approval and signature within 30 days after rendition or announcement 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.

CRITICAL

Applies to

Withdrawal receipt

A 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.

CRITICAL

Applies to

Emergency hearing motion

An emergency-hearing motion must be accompanied by delivery of a copy of the motion and written notice of the requested or awarded hearing date to opposing counsel.

If filing a motion requesting an emergency hearing, counsel must provide a copy of the motion and written notice of the requested and/or any awarded hearing date by hand-delivery, telefax, electronic transmission, or other similar means most likely to insure that opposing counsel receives that notice.

CRITICAL

Applies to

Application for ex parte order

All applications for ex parte orders must be presented in accordance with Rule 1.2.

All applications for ex parte orders shall be presented in accordance with Rule 1.2.

CRITICAL

Applies to

Protective order or writ of habeas corpus 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 as 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.

CRITICAL

Applies to

Protective order request

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

(c) 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.

CRITICAL

Applies to

Court order

When a ruling requires an amended pleading within seven days, the Court must specify the pleading’s due date when it makes the ruling.

If special exceptions are granted or other orders of the Court entered which would require amendment of pleadings within seven (7) days, the Court shall specify at the time it makes its ruling the date on which the amended pleading necessitated by that ruling shall be due.

CRITICAL

Applies to

Application for immediate or temporary relief

Except in emergencies when the District Clerk’s office is closed, an application for immediate or temporary relief must be filed and assigned to a court before it is presented to a judge.

Except in emergencies when the District Clerk's office is not open for business, no application for immediate or temporary relief shall be presented to a Judge until it has been filed and assigned to a Court as provided in Rule 1.1.

CRITICAL

Applies to

Application for ex parte order

For ex parte applications, counsel must provide a written certification at presentation stating either that the opposing party is unrepresented or, if represented, that counsel was notified and does not wish to be heard or that diligent but unsuccessful notice efforts cannot be continued; family-law presentation standards do not apply in other civil cases.

The standards for presenting applications for ex parte orders in family law cases do not apply in other civil cases. Counsel presenting any application for an ex parte order shall at the time the application is presented certify in writing to the Court that: 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 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.

WARNING

Applies to

Motion to compel

The court may deny a motion to compel without prejudice if the disputing party has not requested a privilege log or identified which logged items remain disputed.

Where the party disputing claims of privilege has not requested a privilege log under Tex.R.Civ.P. 193(b) and /or has not specified which items on the privilege log are still in dispute, that failure permits the Court to deny the Motion to Compel without prejudice to re-filing after such steps are taken.