Comal County District Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- If good cause prevents defense counsel from attending a scheduled hearing or trial, counsel must notify court personnel in writing within five days after receiving the setting notice and state the reason; any reset must remain within the applicable time limits.
Communication
Document Filing Requirements27 rules
Once a date and time for a hearing is identified by the parties in conjunction with the Court Coordinator, a Motion to Set or Notice of Hearing shall be sent to the Court Coordinator with the identified date and time.
5. All Motions to Set or Notices of Hearing for Zoom hearings shall note in the Motion/Notice that the hearing is scheduled for a Zoom hearing and shall provide the Court's Zoom link and Meeting ID.
All witness subpoenas should direct the witness to appear in the virtual courtroom and must include the Zoom link and Meeting ID.
If the Petitioner omits the order, the Clerk must attach it to the petition and every copy presented when the petition is filed.
Court's wording
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.
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
Proof of completion of the program must be filed with the Clerk.
All motions or requests for relief set for hearing must contain a Certificate of Conference by the filing party that a reasonable effort has been made to resolve the dispute without the necessity of court intervention and the effort failed.
- Document
- Motion or request for relief
Must include
- •Certificate of conference
All hearings and final trials must be set by way of a written Motion to Set by the requesting party unless otherwise ordered by the Court. The Motion to Set must include an estimated length of the entire hearing or trial.
No matter will be set unless the Motion to Set or Notice of Setting has been signed by the Court Administrator/Coordinator or as directed by the specific court.
Unless good cause is shown otherwise, a certificate of completion of a Co-Parenting Seminar must be on file for each parent prior to the parties obtaining a Final Decree of Divorce or Final SAPCR Order or Modification Order.
The parties shall provide copies of their latest proposed division of property to the Court at any contested hearing.
All Original Divorce or Suits Affecting Parent-Child Relationship Petitions shall have attached a copy of the “Standing Order Regarding Children, Property and Conduct of Parties” (“Standing Order”).
Every judgment or order to be signed by a Judge shall be approved as to form by all attorneys before it is presented to the Judge.
Every proposed judgment or order must include the Presiding Judge’s signature line on the final page, which must also contain substantive text before the line.
Court's wording
All proposed judgments or orders shall provide a signature line for the Presiding Judge to sign. The signature line shall not be placed on a page by itself. It must be placed on the final page with a substantive portion of the judgment or order preceding it on the signature page.
On pretrial motions, attach by separate page on all motions, an Order with the proper cause number and style of case.
If the defense attorney or Self-Represented Litigant defendant requests a trial before the Court, a jury waiver must be filed with the Court. The waiver is to be signed and sworn to by defendant and approved by defense counsel and District Attorney.
The Prosecutor shall prepare all judgments in criminal cases. Final judgments shall be presented to the Court at time of sentencing in all cases involving criminal sentencing, unless the Judge Presiding authorizes a brief delay for good cause shown.
Files written consents to the withdrawal/substitution signed by the client on a motion to withdraw or by withdrawing counsel and new counsel on motion to substitute, in a motion that complies with the Texas Rules of Civil Procedure.
Any written notice of deposition shall contain a certificate of conference as described in Rule 1a, above.
- Document
- Notice of deposition
Must include
- •Certificate of conference
Attorneys and self-represented litigants filing pleadings must confirm either that AI was not used to generate the pleading or that AI-generated information was personally verified; signing certifies compliance.
- Document
- Pleading
Must include
- •AI disclosure
Court's wording
All attorneys and Self-Represented Litigants who file pleadings with the Court shall confirm that artificial intelligence has not been used to generate the pleading or, if artificial intelligence is utilized, that the attorneys and/or Self-Represented Litigants have personally confirmed that the information generated by artificial intelligence is accurate. The signing of the pleading will serve as a certificate that the party and/or the Self-Represented Litigant, and all members of the attorneys' law firm, have complied with this rule.
The email subject line should identify the cause number and the court in which the hearing is to be held.
The Certificate of Conference should substantially comply with either of the two stated formulations.
Court's wording
The Certificate of Conference should be in substantial compliance with the following language: "The undersigned has conferred with all parties who may be affected by the relief sought in this motion in a good faith effort to resolve or narrow the issues raised herein and agreements could not be reached" or "The undersigned has made reasonable efforts to confer with all parties who may be affected by the relief sought in this motion but has been unable to do so."
Nothing in these local rules shall change any time period or notice requirements that apply to emergency hearings and/or ex parte hearings allowed by the TRCP or the Texas Family Code ("TFC.")
The proposed docket control order shall be substantially in compliance with the form docket control orders provided by the Court.
Copies of these financial forms shall be available for the Court for any contested hearing involving child support or spousal support.
Written objections must state the reasons and include proposed alternative language; failing to provide them may be treated as waiver of the objection.
Court's wording
Any party objecting to a proposed judgment shall do so within five (5) business days of the filing of the proposed judgment and shall provide to all parties the reasons for the objection and any proposed new language. Failure to provide written objections and proposed alternative language may be deemed a waiver of objection to the proposed judgment or order.
Both the State and the Defense should be prepared to present proposed jury charges to the Court at this hearing.
Filing & Service rules
Electronic Filing Rules
In District Court proceedings, a proposed hearing date remains available for 48 hours, during which the party must file a compliant written setting request through the e-file system to secure it.
If a proposed date has been provided by the Court Administrator/Coordinator or the Court during a hearing in a District Court proceeding, the date will remain as a potential hearing date for the party's case for 48 hours. If the party does not provide a written Motion to Set or Notice of Setting that complies with these rules to the District Court through the e-file system with the proposed date formally setting it for a hearing within the 48 hour time period, the proposed date will be removed from the District Courts' calendar and the matter will not be set.
Page 3 | SECTION ONE – Settings
Judgments and orders must be e-filed with the Court for entry within 30 days after rendition unless the Court directs otherwise.
All judgments and orders must be efiled with the Court for entry within thirty (30) days from the date of rendition, unless otherwise directed by the Court.
Page 6 | Rule 13. Proposed Judgments and Orders
Filing Timing and Cure Windows
Parents of minor children must attend the specified family stabilization program within 60 days after the petition is filed; only a court order may waive attendance.
11. Parents of minor children are required to attend a family stabilization program (Helping Children Cope with Divorce) within 60 days of the filing of the Petition for Divorce or the Suit Affecting the Parent Child Relationship. Waivers may be granted only by order of the court.
Civil cases
Page 9 | Family stabilization program
A proposed District Court hearing date is held for 48 hours and is removed from the calendar if a compliant setting request is not submitted within that period.
If a proposed date has been provided by the Court Administrator/Coordinator or the Court during a hearing in a District Court proceeding, the date will remain as a potential hearing date for the party's case for 48 hours. If the party does not provide a written Motion to Set or Notice of Setting that complies with these rules to the District Court through the e-file system with the proposed date formally setting it for a hearing within the 48 hour time period, the proposed date will be removed from the District Courts' calendar and the matter will not be set.
Page 3 | SECTION ONE – Settings
The parties must submit a proposed docket control order before the first hearing or within 30 days after the last answer is filed, whichever occurs first.
For all civil matters, including family law matters, prior to the first hearing or within thirty (30) days after the last answer is filed, whichever is first, the parties shall submit to the Court a proposed docket control order.
Page 3 | SECTION ONE – Settings, Rule 3. Docket Control Order
A child custody evaluation must be completed and filed at least 30 days before the final hearing.
Any child custody evaluation pursuant to §107.101, TFC shall be completed and filed with the Court at least thirty (30) days prior to the final hearing.
Page 5 | Rule 10. Child Custody Evaluations
Judgments and orders must be e-filed for entry within 30 days of rendition unless the Court directs otherwise.
All judgments and orders must be efiled with the Court for entry within thirty (30) days from the date of rendition, unless otherwise directed by the Court.
Page 6 | Rule 13. Proposed Judgments and Orders
A party objecting to a proposed judgment must object within five business days after filing and give all parties the reasons and proposed new language.
Any party objecting to a proposed judgment shall do so within five (5) business days of the filing of the proposed judgment and shall provide to all parties the reasons for the objection and any proposed new language.
Page 6 | Rule 13. Proposed Judgments and Orders
Attorneys may file vacation and/or CLE letters for up to four weeks per calendar year, and must file notice at least 90 days before each designated vacation week.
Each attorney may file vacation and/or CLE letters with the appropriate Court personnel for periods not to exceed four (4) weeks in a given calendar year. Such notice must be filed at least ninety (90) days in advance of each designated vacation week.
Page 10 | SECTION FIVE - Miscellaneous; Rule 29. Vacation and Continuing Legal Education (CLE) Letters
Service and Proof of Service Rules
Parties must provide hearing exhibits to the opposing party at least 24 hours before the hearing.
The parties are ordered to provide any exhibits for the hearing to the opposing party at least 24 hours prior to the hearing.
Page 2 | Procedures
A party with good cause to object to a setting must file and serve a written objection within five days of notice, or at least one day before a hearing requested on shorter notice, and include the conflict details and two alternate available dates.
If for good cause the opposing party cannot proceed to a hearing or final trial on the requested date, the party shall file and serve a written objection within five (5) days of receipt of notice of the setting, unless the hearing is requested within less than five (5) days, in which event, the written objection must be filed and served at least one (1) day prior to the hearing. The objection shall include the specific reason(s) for the conflict, including but not limited to the styles and cause numbers of any cases for which a court setting, mediation, deposition, or other matter is a reason for the conflict. In addition to providing the specific reason(s) for the conflict, the party objecting shall also provide two (2) alternate available dates obtained from the Court Administrator/Coordinator, on which they are available for the hearing or final trial. Failure to comply may waive the objection.
Page 2 | PART ONE: CIVIL RULES — SECTION ONE – Settings, Rule 1. Written Request
For emergency or ex parte hearings, a party must give the opposing attorney or self-represented litigant prior notice after service so they have an opportunity to attend by an approved method.
No party shall attend or request a hearing in an emergency or ex parte without prior notice to the opposing attorney or Self-Represented Litigant ("SLR"), after service, to afford the opposing attorney/SLR the opportunity to attend the hearing either in person, by telephone or by Zoom, as approved by the Court.
Page 2 | PART ONE: CIVIL RULES — SECTION ONE – Settings, Rule 1. Written Request
In jury cases, each party must furnish its proposed Charge of the Court to the Court and opposing counsel two business days before jury selection, unless an order or written party agreement provides otherwise.
In all jury cases, each party shall furnish to the Court and counsel for all other parties that party's proposed Charge of the Court two (2) business days before jury selection unless otherwise provided by order of the Court or written agreement of the parties.
Page 3 | SECTION TWO – Jury Cases, Rule 4. Jury
At contested child-support or spousal-maintenance hearings, each party must provide opposing counsel any qualifying financial statements submitted in the prior two years as soon as practical and no later than docket call on the hearing day.
In all contested hearings involving child support or spousal maintenance, each party shall comply with Texas Family Code Chapter 154.063 and provide any financial statement(s) submitted within the last two years for the purpose of obtaining credit or a loan and present same to opposing counsel as soon as practical but no later than docket call the day of the hearing.
Page 4 | SECTION THREE – Domestic Relations, Rule 7. Child Support and Spousal Maintenance
The parties must exchange with opposing counsel a financial statement substantially similar in form to Form 4.2 of the Texas Family Law Practice Manual.
The parties shall also exchange with opposing counsel a financial statement in a form substantially similar to Form 4.2 of the Texas Family Law Practice Manual.
Page 4 | SECTION THREE – Domestic Relations, Rule 7. Child Support and Spousal Maintenance
For a contested hearing involving property, each party must provide the other party a sworn Inventory and necessary Appraisements at least 30 days before the hearing.
Prior to any contested hearing involving property, each party shall provide to the other party a sworn Inventory and all necessary Appraisements at least thirty (30) days prior to the contested hearing.
Page 5 | Rule 11. Inventory and Appraisement/Proposed Division of Community Estate
For a contested hearing involving division of the community estate, each party must provide the other party a proposed division identifying the property, debts, and values at least 30 days before the hearing.
Prior to any contested hearing involving division of the community estate, each party shall provide to the other party a proposed division of the estate setting out and identifying the property and debts to be divided and their values at least thirty (30) days prior to the contested hearing.
Page 5 | Rule 11. Inventory and Appraisement/Proposed Division of Community Estate
The party responsible for preparing the judgment or order must provide opposing parties a copy of the proposal within 21 days of rendition or hearing.
The prevailing party or the party who is directed to or has agreed to prepare the judgment or order shall furnish all opposing parties with a copy of the proposed judgment or order within twenty-one (21) days from the date of rendition/hearing.
Page 6 | Rule 13. Proposed Judgments and Orders
Filing Fees and Waivers
The District Court charges $55 for services not otherwise listed.
For all services not listed above, the District Court shall charge $55.
Page 1 | Fees
In civil cases, the party requesting a jury must pay the jury fee.
In civil cases, however, no jury is impaneled unless requested. The requesting party pays the jury fee.
Page 1 | Duties
When the Sheriff or Constable collects money without a sale, one-half of the stated rates is allowed.
When money is collected by the Sheriff or Constable without a sale, one-half of the above rates shall be allowed.
Page 1 | Fees
The Commissioners Court may adjust an exorbitant fee.
Special Notes: In the case where the sum is exorbitant, the Commissioners Court may adjust the fee.
Page 1 | Fees
District Court fees are the same as County Court fees.
Fees charged by the District Court are the same as those charged by the County Court.
Page 1 | Fees
Pre-Motion Conference Requirements
Before scheduling a Zoom hearing, counsel or pro se litigants must confer about agreements, narrowing issues, and proposed dates and times, except when a family violence or safety concern applies.
3. Prior to scheduling a hearing via Zoom, all counsel or pro se litigants shall confer with opposing counsel or party as appropriate to determine if there are any agreements as to the issues in controversy or to narrow the issues to be presented to the Court, absent a family violence or safety concern. Also prior to scheduling a hearing, all counsel or pro se litigants shall confer with opposing counsel or party to identify agreed upon dates and times for any proposed hearing.
Page 1 | Procedures
Parties must confer about discovery disputes before setting a motion on the dispute for hearing.
Parties must confer on any discovery disputes prior to setting any motion for hearing.
Page 11 | Rule 33. Discovery — Written Discovery
Adjournment & Extension Requirements
The objecting party must set the objection for hearing or file a motion for continuance, and failure to appear waives the objection.
It shall be the responsibility of the objecting party to set the Objection to Setting for hearing or to file a motion for continuance on the setting. Failure to appear will waive the objection.
Page 2 | PART ONE: CIVIL RULES — SECTION ONE – Settings, Rule 1. Written Request
If good cause prevents defense counsel from attending a scheduled hearing or trial, counsel must notify court personnel in writing within five days after receiving the setting notice and state the reason; any reset must remain within the applicable time limits.
If, for good cause, defense counsel cannot attend a hearing or go to trial on such date, defense counsel shall, within five (5) days of receipt of the setting notice, advise the Court Administrator or appropriate Court personnel in writing stating such reason. In no event shall the case be reset beyond the time limits set out in the Code of Criminal Procedure or the Rules of Judicial Administration.
Page 7 | PART TWO: CRIMINAL RULES — SECTION ONE – Settings
Chambers Communication Rules
For Zoom hearings in the 207th and 466th District Courts, exhibits should be emailed to the designated address the day before the hearing, absent good cause; earlier emails will be deleted, and the subject line should identify the cause number and court.
8. Exhibits in the 207th and 466th District Courts- A dedicated district court email will be used for all exhibits for Zoom hearings. Absent good cause to the contrary, all exhibits, including exhibits used for impeachment or rebuttal, should be emailed to the dedicated email (CCDCexhibitsemail@co.comal.tx.us) the day before your scheduled hearing-no sooner and no later. Any emails prior to this time frame will be deleted to conserve space and assist in keeping information organized. The parties are ordered to provide any exhibits for the hearing to the opposing party at least 24 hours prior to the hearing. The email subject line should identify the cause number and the court in which the hearing is to be held.
Page 2 | Procedures
When all parties agree a setting is unnecessary, they must email the Court Administrator/Coordinator, and the setting remains on the calendar until all necessary parties notify the Court in writing.
When all parties have agreed that a setting is no longer necessary, the parties shall advise the Court Administrator/Coordinator, via email, that the parties are passing the hearing. The matter will not be removed from the Court's calendar until all necessary parties have notified the Court in writing.
Page 3 | SECTION ONE – Settings
If a hearing or trial is canceled, the attorney or Self-Represented Litigant who requested a Court Appointed Interpreter must immediately notify the Court Administrator/Coordinator.
In the event a hearing or trial is canceled, the attorney or Self-Represented Litigant who requested the Court Appointed Interpreter is required to notify the Court Administrator/Coordinator immediately.
Page 9 | SECTION THREE – Interpreters; Rule 23. Court Appointed Interpreters
A party or Self-Represented Litigant needing a Licensed Interpreter must notify the Court Administrator/Coordinator at least 10 days before the setting, or, when fewer than 10 days remain, as soon as practicable.
Any party or Self-Represented Litigant who requires a Licensed Interpreter is required to notify the Court Administrator/Coordinator not less than ten (10) days prior to the setting, or if less than 10 days, as soon as practicable.
Page 9 | SECTION THREE – Interpreters; Rule 23. Court Appointed Interpreters