Wilson County District Court, Texas Document Filing Requirements

CRITICALCriminal cases

Applies to

Indigence questionnaire

A defendant claiming indigence and requesting appointed counsel must complete the adopted financial questionnaire and, if necessary, respond to court examination.

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.

CRITICALCriminal cases

Applies to

Application for payment

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.

CRITICALCriminal cases

Applies to

Expert request motion

Counsel requesting an expert must submit a timely written motion stating the factual basis, necessity of specific services, and estimated cost.

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.

CRITICALCriminal cases

Applies to

Application for payment

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.

CRITICALCivil cases

Applies to

Petition

At the time of filing the petition, the petitioner must file each child’s certified birth certificate if it is available to the petitioner.

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.

CRITICALCivil cases

Applies to

Petition or affidavit

If the certified birth certificate is unavailable, the petitioner must state that in the petition or a separate affidavit.

State in the petition or in a separate affidavit that the certified copy is not available;

CRITICAL

Applies to

Application for ex parte order

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.

CRITICAL

Applies to

Trial or pretrial setting request

To obtain a trial date, submit an Order Setting with a Request for Setting; to obtain a pretrial date, submit a letter stating the date agreed to by the parties.

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.

CRITICAL

Applies to

Setting request

Every setting request must advise the Court that opposing counsel was contacted and is available on the requested date.

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.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach a copy of this 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

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.

WARNINGCivil cases

Applies to

Documentation of diligence

If the certified birth certificate is unavailable, the petitioner must be prepared to provide documentation of reasonable diligence in trying to obtain it.

Be prepared to provide documentation showing reasonable diligence in attempting to obtain it.

WARNINGCivil cases

Applies to

Alternative proof of parentage

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.

WARNINGCivil cases

Applies to

Petition

Noncompliance may result in the petition being deemed deficient, the Court declining to issue temporary or final orders until documentation is filed, or dismissal for want of prosecution.

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.

WARNING

Applies to

Setting request

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.

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.