Bell County District Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements13 rules
Within ninety ('O) days after rendition, announcement of the Court's ruling, or announcement of settlement by counsel, counsel shall cause all judgments, decrees or orders of any kind lo be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered lo the Court for signing.
Present the Court with the proposed judgment, decree or order, together with a letter requesting the Court to sign the same if the Court has not received a written objection from opposing counsel within ten ( I 0) days from the date of the letter.
13.3 All payroll statements, pay stubs, W2 forms, and 1099 forrns which evidence that party's earnings for the calendar year prior to the temporary hearing and from January 1 of the current year through the date of the temporary hearing.
13.2 Copies of that party's federal income tax returns for the two calendar years prior to the temporary hearing.
c. Counsel shall include a certificate of conference in the respective pleading.
When the character, value, or division of property or debts is at issue, each party must file a proposed property division form containing all relevant property, debts, and liabilities.
Court's wording
14.1 In all cases in which the character, value or division of property or debts is in issue, each party shall file, not less than ten (10) days prior to trial, a proposed property division form including all the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.
13.1 A statement of monthly income and expenses in a form substantially similar to the form found in the current Texas Family Law Practice Manual published by the State Bar of Texas or in a form approved by this Court.
The affidavit shall be sworn to by a person with personal knowledge stating the facts and circumstances known to the TDFPS which necessitated the removal and the reasons why continued placement in the home was no longer in the best interest of the child(ren).
The attorney ad litem must submit a proposed order at each hearing in compliance with Section 107.004(d) and (e) of the Texas Family Code.
Court's wording
Notwithstanding the orders for the required disclosures by the guardian ad litem, the attorney ad litem shall comply with Section 107.004 T.F.C. and shall submit a proposed order at each hearing in compliance with Section 107.004(d) &(e) T.F.C.
Appointed trial counsel shall, upon desire of the client to pursue post trial relief, immediately notify 7 ===== PAGE 8 ===== the District Court and submit a proposed order to substitute counsel if trial counsel is not currently on the approved appellate appointment list.
11.2 ORDERS ATTACHED TO INITIAL PLEADINGS. This order shall be attached to the initial pleading filed by the TDFPS to be served to each party with the Original Petition or shall include a notice in the pleading that the Standing Order is incorporated with instructions for its electronic retrieval from the County Website.
An opposing unrepresented indigent parent may request appointed counsel by submitting the court-provided application and affidavit of indigence at the first available hearing after the effective date.
Court's wording
An unrepresented indigent parent who responds in opposition to the suit filed by TDFPS may request the appointment of an attorney ad litem due to the inability to afford an attorney or otherwise obtain legal representation by timely completing and submitting an application for court appointment attorney and affidavit of indigence in the form as provided by the Court at the first available hearing after the effective date.
Attorneys placed on the court appointed list shall provide proof of annual CLE requirements to the Court Coordinator each year not later than January 31%.
Filing & Service rules
Electronic Filing Rules
Court-appointed attorneys must electronically file requests for payment of fees and costs no later than 30 days after the last court appearance concludes.
Court Appointed attorneys shall e-file requests for payment of fees and costs not later than 30 days from the conclusion of the last court appearance.
Civil cases
Page 6 | 9.3 APPLICATION FOR FEES
Filing Timing and Cure Windows
A judgment, order, or decree disposing of the case must be furnished within 90 days or the case may be placed on the dismissal docket.
Upon failure to furnish the Court with a judgment, order or decree disposing of the case within the ninety (90) day period, the Court may place the case on the next regularly scheduled dismissal docket, whereupon the case may be dismissed and costs may be taxed at the Court's discretion.
Page 9 | Dismissal if Written Order Not Furnished
A required proposed property division form must be filed at least ten days before trial when property or debt division issues are in dispute.
In all cases in which the character, value or division of property or debts is in issue, each party shall file, not less than ten (10) days prior to trial, a proposed property division form including all the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.
Civil cases
Page 5 | 14. PROPOSED PROPERTY DIVISION FORM REQUIRED
TDFPS must file a motion to modify the prior order by the third working day after removing the children from the court-ordered placement.
Upon removal of the child(ren) by TDFPS from the court ordered placement in the home and custody of a parent or relative under these circumstances, TDFPS shall file a motion to modify the previous order of the Court by no later than the 3"! working day following the date of removal, supported by affidavit, advising that the child(ren) have been removed and returned to the custody of TDFPS.
Civil cases
Page 3 | RULE 5 PROCEDURE FOR REMOVAL OF CHILD(REN) FOLLOWING ATTEMPTED PLACEMENT
An unrepresented indigent parent who responds in opposition to the suit filed by TDFPS may request the appointment of an attorney ad litem due to the inability to afford an attorney or otherwise obtain legal representation by timely completing and submitting an application for court appointment attorney and affidavit of indigence in the form as provided by the Court at the first available hearing after the effective date.
An unrepresented indigent parent who responds in opposition to the suit filed by TDFPS may request the appointment of an attorney ad litem due to the inability to afford an attorney or otherwise obtain legal representation by timely completing and submitting an application for court appointment attorney and affidavit of indigence in the form as provided by the Court at the first available hearing after the effective date.
Civil cases
Page 3 | RULE 6 APPOINTMENT OF ATTORNEY AD LITEM FOR INDIGENT PARENTS
Service and Proof of Service Rules
If another attorney is not to be substituted as attorney for the party or if the party does not consent to the motion to withdraw, the withdrawing attorney shall notify the client in writing that the Court will be requested to sign an order granting the withdrawal on or after ten ( I 0) days following the date of such notice. Notice shall be sent by certified mail, return receipt requested.
If another attorney is not to be substituted as attorney for the party or if the party does not consent to the motion to withdraw, the withdrawing attorney shall notify the client in writing that the Court will be requested to sign an order granting the withdrawal on or after ten ( I 0) days following the date of such notice. Notice shall be sent by certified mail, return receipt requested.
Page 7 | RULE 2.3. WITHDRAWAL OF COUNSEL
A party submitting a proposed disposition for signature must serve the proposed document and requesting letter on every other party who has appeared and remains in the case.
Each party who submits a proposed judgment for signature shall serve the proposed judgment and a copy of the letter on all other parties who have appeared and remain in the case, in accordance with Rule 21 a, Texas Rules of Civil Procedure.
Page 9 | Procedure for Entry of Order
If opposing counsel's approval as to form cannot be secured, counsel may file a motion for entry of the proposed disposition and secure a hearing with notice to opposing counsel.
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 21 a, Texas Rules of Civil Procedure.
Page 9 | Procedure for Entry of Order
After the 14-day adversary hearing, the Court Coordinator must provide written notice of all case-related hearings to all parties, including the attorney ad litem and guardian ad litem, by personal delivery, mail, email, another court-directed method, or notice in open court.
Following the 14-day adversary hearing, the Court Coordinator for the Centex Child Protection Courts is responsible for notification of all parties, including the attorney ad litem and guardian ad litem of the child(ren), of all adversary, status, permanency, placement review and other hearings in connection with the case, including final hearings on trial on the merits. All such notices of hearings shall be in writing and served in the manner as prescribed in Rule 21(a) of the Texas Rules of Civil Procedure by delivering a copy to the party to be served or the party's attorney of record, either in person, by mail to the party's last known address, or, by email, or by such other manner as the Court in its discretion may direct. Notice of hearings may also be effectuated in open court as noted on the court docket or scheduling order signed by the parties or announced in open court.
Civil cases
Page 2 | RULE 4 NOTICES OF HEARINGS
After entry of an emergency ex parte order, TDFPS must notify all parties, including the attorney ad litem and guardian ad litem, of the 14-day adversary hearing date and location no later than the second business day after the order.
Upon the entry of an emergency ex parte order, the TDFPS shall notify all parties, including the attorney ad litem and guardian ad litem for the child(ren), of the date and location of the 14-day adversary hearing not later than the second business day from the date of the order.
Civil cases
Page 2 | RULE 3 EMERGENCY ORDERS FOR REMOVAL OF CHILDREN
TDFPS is responsible for timely service of citation on all parties entitled to process so that review or final hearings need not be postponed and the dismissal date need not be extended.
The TDFPS is responsible for ensuring that all parties entitled to process are served with citation in a timely fashion so as to not to necessitate postponement of any review or final hearing or extension of the dismissal date.
Civil cases
Page 2 | RULE 4 NOTICES OF HEARINGS
All parties should be served or have waivers on file by the Initial Permanency Hearing; if a party remains unserved, TDFPS must provide proof of its reasonable due-diligence efforts.
All parties should be served or have waivers on file by the date of the Initial Permanency Hearing. If any parties to the action have not been served by that date, the TDFPS shall provide proof of their reasonable efforts to exercise due diligence in finding such party.
Civil cases
Page 2 | RULE 4 NOTICES OF HEARINGS
A copy of the motion must be delivered to every party or the party's attorney by the third working day after removal, using the specified service rules.
A copy of such motion shall be delivered to all parties (or their respective attorneys) in accordance with the (T.R.C.P. 21a) or by Rule 4.2 above, by no later than the 3" working day following the date of the removal.
Civil cases
Page 3 | RULE 5 PROCEDURE FOR REMOVAL OF CHILD(REN) FOLLOWING ATTEMPTED PLACEMENT
A party without an attorney must maintain a current address on file with the District Clerk.
All parties who do not have an attorney shall maintain a current address on file with the District Clerk.
Civil cases
Page 5 | 7.7 SERVICE
All parties must be named and served at least seventy-five days before trial.
7.6 DEADLINES. Except with leave of court, all pleadings must be amended or supplemented at least thirty (30) days prior to trial. All discovery must be completed at least thirty days prior to trial. All parties must be named and served at least seventy-five (75) days prior to trial.
Civil cases
Page 5 | 7.6 DEADLINES
Notice to an unrepresented party may be made in open court, by personal service, by certified and first-class mail to the address on file, or under Rule 4.2.
Pursuant to TRCP, a notice to a party without an attorney may be made by notice in open court, or personal service, or service to the current address on file with the clerk by sending notice both certified mail and first-class mail, or pursuant to Rule 4.2 above.
Civil cases
Page 5 | 7.7 SERVICE
Filing Fees and Waivers
No costs other than attorney professional-time fees may be reimbursed without the Court's express prior approval.
Other than fees for the professional time for attorneys, no other costs are authorized for reimbursement without express prior approval by the Court.
Civil cases
Page 6 | 9.3 APPLICATION FOR FEES
A court-appointed attorney's request for payment of fees and costs is due no later than 30 days after the conclusion of the last court appearance.
Court Appointed attorneys shall e-file requests for payment of fees and costs not later than 30 days from the conclusion of the last court appearance.
Civil cases
Page 6 | 9.3 APPLICATION FOR FEES
At a final hearing, the court reviews a party's filed statement of inability to afford court costs.
16.1 At any final hearing in a case where a party has filed a statement of inability to afford payment of court costs, the court will review the statement.
Civil cases
Page 6 | 16. INABILITY TO PAY COSTS
The party claiming inability to afford court costs bears the burden of proof and must be prepared to present financial evidence at the final hearing.
16.2 The burden of proof is on the party filing the statement to prove that the party is unable to afford the court costs. Information such as pay stubs, tax returns, or other financial documents may be presented to substantiate an inability to afi'ord court costs. A party must be prepared to present such evidence at the final hearing.
Civil cases
Page 6 | 16. INABILITY TO PAY COSTS
A fee request filed later than 30 days will trigger an audit of all previous fee requests and may delay payment.
(requests for payment later than 30 days shall require an audit of all previous fee requests and will be subject to delay in payment).
Civil cases
Page 6 | 9.3 APPLICATION FOR FEES
Sealing & Redaction Procedures
Court files involving the Texas Department of Family and Protective Services as petitioner are confidential and may be disclosed only to the parties, their attorneys, or persons specifically authorized by court order.
The Court files in which the Texas Department of Family and Protective Services is the Petitioner are not subject to public disclosure. The contents of these files shall not be released to anyone but the parties to the lawsuit, their attorneys, and by those specifically authorized by court order.
Civil cases
Page 1 | BELL COUNTY STANDING ORDER REGARDING THE CONFIDENTIALITY OF CPS COURT RECORDS
Pre-Motion Conference Requirements
An attorney must confer with opposing counsel before filing a discovery motion, and the motion will not be considered or set for hearing unless accompanied by the required certificate.
However, no attorney shall file a discovery motion without first conferring with opposing counsel, and no motion will be considered by the Court or set for a hearing unless it is accompanied by a certificate of conference, which shall include a statement that the moving party has made a good faith effort to resolve the matter by agreement.
Criminal cases
Page 3 | ADDITIONAL DISCOVERY
The defense may file a written motion for additional particularized discovery concerning a matter not addressed in the Standing Order, but any such motion must be presented at the earliest opportunity before trial.
In the event that additional, particularized discovery is necessary, the defense may file a written motion for discovery concerning a matter not addressed in this Order, and any such motion shall be presented to the Court at the earliest opportunity before trial.
Criminal cases
Page 3 | ADDITIONAL DISCOVERY
Nothing in the Standing Order precludes filing a motion for a protective order, to compel compliance, or to modify the Order.
Nothing herein precludes a party from filing a motion for a protective order, to compel compliance, or to modify this Order.
Criminal cases
Page 3 | ADDITIONAL DISCOVERY
Adjournment & Extension Requirements
Unless all counsel consent in writing and the Court approves, a continuance motion must be filed under the applicable civil or criminal rule and accompanied by an order setting the motion for hearing; nonconforming motions are denied without prejudice to refiling.
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 amended or Article 29.01, Texas Code of Criminal Procedure, as applicable, and the motion must be accompanied by an order setting the motion for a hearing.
Page 5 | RULE 1.2. REQUESTS FOR CONTINUANCE OR POSTPONEMENT
A continuance, pass, postponement, or reset request requires consent from the Court and all parties, or notice and an opportunity for non-requesting parties to object.
No request for a continuance, to pass, postpone or reset any trial, pretrial, or other hearing shall be granted unless the Court and 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 5 | RULE 1.2. REQUESTS FOR CONTINUANCE OR POSTPONEMENT
Temporary hearings are limited to two hours unless the parties seek leave to extend them for extraordinary circumstances.
All Temporary Hearings shall be limited to two (2) hours in accordance with the Standing Orders of Bell County unless the parties seek leave to extend the hearing for extraordinary circumstances.
Civil cases
Page 6 | 9.1 TIME LIMITATIONS