Brown County District Court Document Filing Requirements

CRITICAL

Applies to

Earnings records

Each party must furnish payroll records, pay stubs, W-2 forms, and 1099 forms showing earnings for the specified periods upon request.

3. All payroll statements, pay stubs, W-2 forms, and 1099 forms 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.

CRITICALCivil cases

Applies to

Witness exhibit list

Witness and exhibit lists must be filed with the Court and are used to determine time allotments for the hearing.

These witness/exhibit lists must be filed with the Court and are relied upon when making decisions concerning time allotments during the hearing.

CRITICAL

Applies to

Financial institution statements

Each party must furnish copies of financial statements filed with any financial institution during the two years before the hearing upon request.

5. Copies of any financial statements filed by that party with any financial institution in the two years prior to the hearing.

CRITICALCriminal cases

Applies to

Indigent defense expenditure report

The report must include all listed indigent-defense expenses incurred from October 1 through September 30, and administrative expenses may be claimed only when directly related to indigent-defense processes or procedures.

The report must include all expenses for attorney fees, licensed investigators, expert witnesses, and other direct litigation costs that the county incurred during the period beginning October 1 through September 30 of the fiscal year. Administrative expenses may be claimed if they are directly related to indigent defense processes or procedures.

CRITICALCivil cases

Applies to

Advisement

The court advisement must include information establishing voluntary consent and describing the condition, expected benefits, consequences of refusing medication, side effects and risks, available alternatives, and the proposed treatment rationale.

**IT IS ORDERED** that an advisement shall immediately be filed with the court that includes the following information (TFC §266.0042, 264.018):

CRITICAL

Applies to

Inventory and appraisement

In contested cases involving the character, value, or division of property or debts, each party must file a sworn inventory and appraisement at least 30 days before trial.

In all contested cases in which the character, value or division of property or debts is in issue, each party shall file, not less than thirty (30) days prior to trial, a sworn inventory and appraisement of all of the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.

CRITICAL

Applies to

Statement of monthly income and expenses

In contested cases involving temporary spousal or child support, each party must furnish a statement of monthly income and expenses upon request.

1. A statement of monthly income and expenses;

CRITICALCriminal cases

Applies to

Waiver of right to counsel

A signed waiver-of-counsel statement must be filed and become part of the proceeding's record.

which, if signed by the defendant, shall be filed with and become part of the record of the proceedings.

CRITICALCriminal cases

Applies to

Probable cause forms

For warrantless arrests involving a felony or punishable misdemeanor, the forms establishing probable cause must be completed and filed when the arrestee is booked into jail.

Unless arrested pursuant to an arrest warrant, bench warrant, capias, or other order of a magistrate or judge, necessary forms establishing probable cause must be completed and filed at the time an arrestee is booked into jail for any felony or misdemeanor punishable by incarceration.

CRITICALCriminal cases

Applies to

Waiver of right to counsel

When a defendant voluntarily and intelligently waives counsel, the court must provide a substantially prescribed waiver statement for inclusion in the record when signed.

If the court determines that the waiver is voluntarily and intelligently waived, the court shall provide the defendant with a statement substantially in the following form, which, if signed by the defendant, shall be filed with and become part of the record of the proceedings.

CRITICALCivil cases

Applies to

Exhibit

Parties must authenticate or prove their exhibits during the trial or court proceeding even if the exhibits were previously identified.

The parties must still prove up any exhibits during the trial/court proceeding.

CRITICALCivil cases

Applies to

Pretrial order

The Court requires use of its standard pretrial scheduling order.

IT IS ORDERED that a standard pre-trial scheduling order shall be utilized.

CRITICALCriminal cases

Applies to

Attorney fee voucher

Each attorney fee voucher must state the number of cases disposed of under the payment made for the specific defendant.

Each attorney fee voucher shall indicate the number of cases disposed of under each payment for a specific defendant.

CRITICAL

Applies to

Federal income tax returns

Each party must furnish copies of their federal income tax returns for the two calendar years before the temporary hearing upon request.

2. Copies of that party's federal income tax returns for the two calendar years prior to the temporary hearing;

CRITICALCivil cases

Applies to

Dfps form 4526 psychotropic medication treatment consent

For consent to a new psychotropic medication, DFPS Form 4526 must be completed and signed by both the medical consenter and the health-care provider or designee.

When consenting to a new psychotropic medication, DFPS Form 4526 Psychotropic Medication Treatment Consent must be completed and signed by the medical consenter and the health-care provider or designee.

CRITICAL

Applies to

Composite inventory and appraisement

After the parties' individual inventories have been filed, the parties must file a composite inventory and appraisement.

After each party's sworn inventory and appraisement has been filed, the parties shall file a composite Inventory and Appraisement.

CRITICAL

Applies to

Bank account records

Each party must furnish the specified checking and savings account records for transactions during the two years before the temporary hearing upon request.

4. All checking account statements, including all canceled checks, deposit slips and check registers, all savings account statements, including all deposit and withdrawal slips, to or from which that party has made any deposits or withdrawals during the two years prior to the temporary hearing.

CRITICAL

Applies to

Ex parte order application

Counsel must provide a written certification when presenting an application for an ex parte order.

Counsel presenting any application for an ex parte order shall, at the time the application is presented to the Court, certify in writing that:

WARNINGCivil cases

Applies to

Agreed order

Must include

signature blocks

The Court may use an agreed order in lieu of a final-hearing appearance in certain matters, but the order must be signed by every party and attorney and cannot be used when a parent is unknown or absent.

The Court will take agreed orders in lieu of appearances at final hearings in certain matters. An Agreed order must be signed by all the parties and attorneys. If there is an unknown parent, or an absentee parent, unfortunately, that cannot be an “agreed order.”

WARNING

Applies to

Hearing setting motion

Must include

certificate of service

After an answer or appearance, a party may request a trial or pretrial-hearing setting by filing a motion and setting order with a certificate of service on opposing counsel.

At any time after the filing of an answer or entry of an appearance by the opposing party, any party may request a setting for a trial on the merits or, where applicable, a ===== PAGE 14 ===== F:\judge\miscellaneous\localrules pretrial hearing, by (i) filing with the Court a motion requesting a hearing, and an order setting the hearing, accompanied by a certificate of service to opposing counsel;

WARNING

Applies to

Hearing setting request

Counsel must attempt to coordinate the proposed setting with opposing counsel before requesting it.

Prior to requesting a setting, counsel shall attempt to coordinate a setting with opposing counsel.

WARNING

Applies to

Hearing setting request

A party may alternatively request a hearing setting orally, confirm the request by letter to the court, and serve a copy on opposing counsel under Rule 21.

or (ii) orally requesting the Court to schedule the hearing and confirming the request for setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21 of the Texas Rules of Civil Procedure, as amended.

WARNINGCivil cases

Applies to

Witness exhibit list

The subject line of the email should say: Court Proceeding Exhibits of (Plaintiff/Petitioner/State or Defendant/Respondent) – Cause No. ____.

The subject line of the email should say: Court Proceeding Exhibits of (Plaintiff/Petitioner/State or Defendant/Respondent) – Cause No. ____.

WARNINGCivil cases

Applies to

Order for virtual appearance

Virtual appearances are discretionary, such that unless an order is signed granting, the party should anticipate the in-person presence is necessary.

Virtual appearances are discretionary, such that unless an order is signed granting, the party should anticipate the in-person presence is necessary.

WARNINGCivil cases

Applies to

Notice of meeting

The notice requesting a child meeting should include relevant scheduling conflicts such as school, therapy, or appointment conflicts.

When filing, please include relevant information like school, therapy, or appointment conflicts.

WARNINGCivil cases

Applies to

Notice of meeting

Please file a notice requesting the meeting so that the court coordinator can arrange.

Please file a notice requesting the meeting so that the court coordinator can arrange.

WARNING

Applies to

Hearing setting request

Every request for a hearing setting must include an estimate of the court time required.

All requests for a setting shall include an estimate of the amount of court time required for the hearing.