Yoakum County District Court, Texas Document Filing Requirements

Criminal cases

Applies to

Expert witness notice

If known in advance, each side must give notice of its testifying experts at least 20 days before trial and provide opposing counsel each expert’s name, address, and testimony subject matter.

The State, not less than 20 days prior to trial, and Defense, not less than 20 days prior to trial, shall each give notice of all testifying expert witnesses (those witnesses being called by the State or Defense to present evidence under Rules 702, 703, and 705 Texas Rules of Evidence) at any stage of the trial of this cause, and at the punishment phase, if known in advance by the State or Defense and provide to opposing counsel the name and address of the expert and the subject matter of the expert's testimony.

Criminal cases

Applies to

Motion

Must include

certificate of conference

Every motion must include a certificate of conference stating that a conference occurred and its result.

No motion may be filed without first conferring with opposing counsel and attempting to resolve the matter and including a certificate of conference on the motion, which indicates the fact of the conference and the result thereof.

Applies to

Request for setting

When requesting a hearing setting, counsel must state in writing whether a Zoom hearing is requested and the reason counsel believes good cause exists.

UPON REQUEST FOR SETTING, COUNSEL SHALL INFORM THE COURT IN WRITING AS TO WHETHER A ZOOM HEARING IS REQUESTED and the reason, they believe is good cause to have Zoom.

Applies to

Children's interest seminar certificate

Parties in covered parent-child suits must complete the seminar before the final hearing and file a certificate of completion, subject to stated exceptions and waiver.

Rule 3.04 **Children's Interest Seminars.** In any suit involving the parent-child relationship, except uncontested adoptions and terminations, all parties shall successfully complete a children's interest seminar and file their certificate of completion with the Clerk. Each party will be responsible for payment of the appropriate fees. The seminar shall be completed prior to the final hearing. Failure to successfully complete the seminar may result in sanctions under Rule 215, Texas Rules of Civil Procedure, contempt of court, or delay of the final hearing. For good cause shown, the Judge may waive the requirement of completion of the seminar. If such seminar has been completed, no additional attendance is required in the event of motions to modify or enforce.

Applies to

Written notice of employment

Immediately upon employment, defense counsel must file written notice of employment with the District Clerk.

Rule 4.02 **Appearance of Defendant and Counsel.** Immediately upon employment, the defense attorney shall file written notice thereof with the District Clerk and provide a copy of same to the attorney for the State and to the Court Coordinator.

Applies to

Notice of substitution

Must include

proposed order

An attorney substituting for counsel of record must file a client-signed written notice of substitution and a proposed order permitting substitution.

Rule 6.02 **Substitutions.** Any attorney substituting for another attorney of record shall file with the Clerk a written notice of substitution signed by the client together with a proposed order permitting the substitution.

Applies to

Motion to withdraw

Rule 6.03 **Withdrawal.** If there is no substitution of counsel as provided in Rule 6.02, no attorney of record shall attempt to withdraw without presenting a motion and obtaining from the Court an order granting leave to withdraw. Such motion shall be accompanied by the client's written consent to such withdrawal or a certification that a copy of such motion has been mailed to

Rule 6.03 **Withdrawal.** If there is no substitution of counsel as provided in Rule 6.02, no attorney of record shall attempt to withdraw without presenting a motion and obtaining from the Court an order granting leave to withdraw. Such motion shall be accompanied by the client's written consent to such withdrawal or a certification that a copy of such motion has been mailed to

Applies to

Motion

The withdrawal notice must be included in the motion or provided as an attached copy of the letter.

Such notice shall be included within the motion or a copy of the letter attached to the motion.

Applies to

Continuance motion

Must include

certificate of conference

Every continuance motion must include a certificate of conference stating that the request was discussed with opposing parties or counsel and whether it is agreed or opposed.

All motions for continuance shall contain a certificate of conference that the request has been discussed with all opposing parties or counsel and that such motion is agreed or opposed.

Applies to

Request for earlier jury trial setting

A request for an earlier jury-trial setting must include a certification addressing discovery completion, payment of the jury fee, and filing of a jury demand.

Requests for settings for jury trials at an earlier date shall include a certification that all discovery is complete, or will be complete at least twenty (20) days prior to the first docket date, that the jury fee has been paid, and that a demand for jury has been filed.