Wilson County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
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Document Filing Requirements15 rules
A defendant who claims indigence and appointment of counsel shall complete a questionnaire concerning his financial resources and, if necessary, respond to examination by the Court. The questionnaire shall be in the form adopted by the Judges.
DocumentIndigence Questionnaire
Payment applications must include specified billing documentation, and amounts exceeding what is reasonable and necessary are not payable by the County or Court.
The application for payment of fees and expenses must be documented. Hourly billing must be accompanied by the complete out-of-court billing sheet. Time spent performing the services must be reported in tenth hours, using percentages (i.e.; .1, .5 and .8). Billing for investigation must be broken down by specific cost and serviced rendered. Expert testimony must be itemized billing in a reasonable amount for services rendered. If the statement exceeds a reasonable and necessary amount, neither the County nor the Court shall be liable.
DocumentApplication For Payment
Counsel must submit a timely written motion requesting an expert; setting out the factual basis for the request, describing the necessity of specific services to be rendered and providing an estimate cost.
DocumentExpert Request Motion
Counsel seeking compensation must submit a completed payment application with itemized services and time spent in one-tenth-hour intervals.
Counsel requesting compensation for representing an indigent criminal defendant must submit a completed application for payment detailing by itemized statements specifying services performed and time spent in 1/10 (1) hour intervals.
DocumentApplication For Payment
The petitioner shall file with the Court a certified copy of each child' s birth certificate, if available to the petitioner, at the time of filing the petition.
DocumentPetition
State in the petition or in a separate affidavit that the certified copy is not available;
DocumentPetition Or Affidavit
When presenting an ex parte application, counsel must inform the Court of the specified notice to opposing counsel, diligent unsuccessful notice efforts and circumstances, or reasons notice would effectively deny relief.
Counsel presenting any application for an ex parte order shall, at the time the application is presented to the Court, inform the court: A. If the party against whom the relief is sought is represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) counsel presenting the application has diligently attempted to notify opposing counsel, has been unable to do so, and the circumstances do not permit additional efforts to give such notice, or (iii) reasons exist that informing opposing counsel would effectively deny the applicant the relief requested.
DocumentApplication For Ex Parte Order
Submit an Order Setting to the Court, with a Request for Setting when obtaining a trial date, or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.
DocumentTrial Or Pretrial Setting Request
Always advise the Court in your request that you have contacted the opposing counsel and that they are available for hearing on the date you have requested.
DocumentSetting Request
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
DocumentPetition
If the Petitioner has not attached the order, the Clerk must ensure copies are attached when the petition is filed.
At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.
DocumentPetition
Failure to comply with this Standing Order may result in the petition being deemed deficient, and the Court may: - Decline to issue temporary or final orders until the required documentation is filed ; or - Dismiss the pending suit for want of prosecution at any court proceeding.
DocumentPetition
Be prepared to provide documentation showing reasonable diligence in attempting to obtain it.
DocumentDocumentation Of Diligence
If no party has an available certified copy, the Court may order a party to file alternative proof of the child’s parentage, including the listed forms of evidence.
If a certified copy is not available to any party, the Court may order any party to file alternative proof of the identity of the child' s parent or parents, which may include: - An Acknowledgment or Denial of Paternity; - A court order adjudicating parentage; - Results of a genetic test; or - Other reliable evidence establishing the parent-child relationship.
DocumentAlternative Proof Of Parentage
When setting or resetting a case for trial, pre-trial, etc., please advise the Court Administrator as to the estimated time you will need for the hearing.
DocumentSetting Request
Filing & Service rules
Electronic Filing Rules
When filing the covered document, the filer must select the “Sealed” document category in eFileTexas.
Fore-filings, the filer shall select the "Sealed" document category in the eFileTexas system.
Civil cases
Page 1 | III. COURT ORDER AND REQUIREMENTS
Filing Timing and Cure Windows
A payment application is due at the guilty plea or, in other cases, within thirty days after disposition; late submission waives compensation.
If the case is disposed of by a plea of guilty, the application must be submitted to the Court at the time of the plea; otherwise, the application must be submitted within thirty days of the disposition of the case. Failure to timely submit the application shall constitute a waiver of compensation.
Criminal cases
Page 2 | 4. Application for Payment
Service and Proof of Service Rules
The Atascosa County District Clerk shall issue and serve the petitioner with this Standing Order in any original suit affecting the parent-child relationship that does not comply with the filing requirement of Texas Family Code§ 102.008(c-l) regarding submission of the child's certified birth certificate or alternative proof of parentage. Service may be made in accordance with Rule 21a or by personal hand delivery to the petitioner or petitioner's attorney at the time of filing.
The Atascosa County District Clerk shall issue and serve the petitioner with this Standing Order in any original suit affecting the parent-child relationship that does not comply with the filing requirement of Texas Family Code§ 102.008(c-l) regarding submission of the child's certified birth certificate or alternative proof of parentage. Service may be made in accordance with Rule 21a or by personal hand delivery to the petitioner or petitioner's attorney at the time of filing.
Civil cases
Page 4 | VI. ISSUANCE AND SERVICE OF TIDS STANDING ORDER
If no substitute attorney is appearing, the party must consent in writing or the withdrawing attorney must notify the client in writing of the withdrawal motion and its setting by one of the specified methods.
If another attorney is not to be substitute as attorney for the party, the party must either consent in writing to the motion to withdraw, or the withdrawing attorney shall notify the client in writing of the motion to withdraw and a notice of setting on the motion. Notice shall be sent by certified mail, return receipt requested, first class mail, or email.
Page 4 | RULE 1.5 WITHDRAWAL OF COUNSEL, A. Notice to Client
A responding party seeking affirmative relief on a temporary-order application must serve its application and hearing notice on the adverse party under Rules 5 and 21a.
An application to the Court for a temporary order and notice of any hearing thereon which is presented by a party responding to an application for temporary orders in which that party is seeking affirmative relief shall be served on the adverse party in accordance with Rule 5 and Rule 21a of the Texas Rules of Civil Procedure, as amended.
Page 6 | Rule 4.1(B)
If counsel cannot obtain all opposing counsel’s approval as to form, counsel may seek entry of the proposed judgment, order, or decree by motion, set a hearing, and notify all opposing counsel under Rule 21a.
File a motion for entry of the proposed judgment, order or decree and secure a hearing for the same, with notice to all opposing counsel pursuant to Rule 21a, Texas Rules of Civil Procedure.
Page 5 | Rule 2.4(A)(1)
Sealing & Redaction Procedures
A certified birth certificate or other proof of the child’s parents’ identities must be filed under seal and separately from all other pleadings or exhibits.
The certified birth certificate, or other proof of the identity of the child ' s parents, must be filed under seal and separately from all other pleadings or exhibits.
Civil cases
Page 1 | III. COURT ORDER AND REQUIREMENTS
The clerk must keep the certificate or other proof of the child’s parents’ identities in a confidential, nonpublic portion of the case file.
The clerk shall maintain the certificate, or other proof of the identity of the child's parents, in a confidential portion of the case file, not accessible to the public.
Civil cases
Page 1 | III. COURT ORDER AND REQUIREMENTS
Adjournment & Extension Requirements
A continuance or postponement request may be granted only if all counsel consent or nonjoining parties are notified and given an opportunity to object.
No request for a continuance, to pass, postpone or reset any trial, pretrial, or other hearing shall be granted unless counsel for all parties consent, or unless all parties not joining in such request have been notified and have had an opportunity to object.
Page 3 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT, A. Consent or Notice Required
Unless all counsel consent in writing and the Court approves, a continuance request requires a motion filed under applicable Rule 251 procedures and set through the Court Administrator’s website or like other motions; a noncompliant motion will be denied without prejudice.
Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as applicable, and the motion must be set by the Court Administrator’s website, or in the same manner as all other motions. Any motion that does not meet these requirements will be denied without prejudice to the right to refile.
Page 3 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT, B. Contents of Motion
An attorney whose scheduled vacation conflicts with an opposing counsel’s trial setting must file a motion for continuance seeking leave to reschedule.
If an opposing counsel sets a trial date which conflicts with the scheduled vacation, it is the responsibility of the vacationing attorney to file a motion for continuance seeking leave of court to reschedule said setting.
Page 5 | Rule 2.2
Chambers Communication Rules
Civil parties, criminal defendants, attorneys, and staff, who have tested positive for the flu, including COVID-19, or other infectious disease less than 72 hours before the start of court, should notify the Court Coordinator at 830-769-3750 or coordinator@81-218.txcourts.gov .
Civil parties, criminal defendants, attorneys, and staff, who have tested positive for the flu, including COVID-19, or other infectious disease less than 72 hours before the start of court, should notify the Court Coordinator at 830-769-3750 or coordinator@81-218.txcourts.gov .
Page 1 | HEALTH WARNING
An attorney must immediately notify the courts concerned after learning of conflicting hearing settings.
When an attorney has two or more cases on the dockets for hearing at the same time, it shall be the duty of the attorney to bring the matter to the attention of the courts concerned immediately upon learning of the conflicting settings.
Page 3 | RULE 1.3 CONFLICT IN TRIAL SETTINGS, A. Duty of Counsel to Notify Court
If counsel cannot agree on a setting date, contact the appropriate Administrator or use the applicable website.
If you cannot obtain a date that is agreeable to all counsel, please contact the appropriate Administrator or applicable website.
Page 4 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS, A.2
For district-court settings, use the Court Administrator’s website; for other courts, contact the appropriate Court Administrator’s office for available dates.
When setting or resetting a case for trial, pre-trial hearing, etc., (for district court) use the Court Administrator’s website as instructed on the site. For all other courts contact the Court Administrator at the appropriate office, as applicable, for available dates, and:
Page 4 | RULE 2.2 PRETRIAL AND TRIAL SETTINGS
Questions may be directed to the court office by phone.
If you have any questions, please contact our office at 830-769-3750 or via email at coordinator@81-218.txcourts.gov.
Court notice
Page 1 | 81st & 218th District Court Calendar
If you must cancel a hearing or will be late, please contact the Court Administrator as soon as possible.
5. If, for any reason, you must cancel a hearing, or if you are running late to a scheduled hearing, please contact the Court Administrator as soon as possible.
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