Hays County District Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Mediator Report
- Same Day as Filing with District Clerk
Notice, Motion, Pleading
Adjournments
- For good cause, defense counsel must advise the District Court Administrator in writing within five days after receiving the trial-setting notice and state the reason.
Document Filing Requirements37 rules
1. All information created or contributed to by generative artificial intelligence – including all language, quotations, sources, citations, arguments, and legal analysis – was verified as accurate through traditional (non-AI) legal sources by an attorney licensed to practice law in the State of Texas prior to submission, and
The artificial-intelligence certification must acknowledge responsibility and possible sanctions for noncompliance.
Court's wording
2. The person understands and acknowledges that they are and will be held responsible and subject to possible sanction under the Texas Disciplinary Rules of Professional Conduct, Texas Rule of Civil Procedure 10, and the inherent power of the Court, or for contempt of court for failing to comply with this Rule.
All self-represented litigants and attorneys who utilize any form of artificial intelligence for legal research or drafting in connection with any civil or criminal case shall before filing or presenting to a court any AI-generated information in a court submission or proceeding certify in writing that:
- Document
- Court submission or proceeding
Must include
- •AI disclosure
Every nondispositive motion must contain one of two prescribed certificate-of-conference statements.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
Additionally, every motion (other than dispositive motions) must contain a certificate of conference certifying either: 1. “Counsel 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.”; or 2. “Counsel 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.”
Every notice of setting must include the specified certificate of conference.
- Document
- Notice of setting
Must include
- •Certificate of conference
Court's wording
To that end, every notice of setting must include a certificate of conference confirming that “counsel has conferred with (or made reasonable efforts to confer with) all parties about the date and time of the setting as well as the proposed time announcement.”
Each request for a setting must include an estimate of the total amount of time required for the entire hearing or trial, on all matters, for all participants, including the time necessary to read any materials presented.
Every Notice of Setting must identify the motion or state that it concerns a final trial on the merits, and must include the time announcement.
Court's wording
All Notices of Setting must include the following: (a) A reference to the specific motion(s) being set, or, if the setting is for final trial, a statement that the case is being set for a final trial on the merits; (b) The time announcement;
Except with respect to a request presented under Subchapter B of Chapter 262 of the Texas Family Code, every application for ex parte relief shall contain a certificate signed by counsel or a party that:
A proposed order must be e-filed with the relevant pleading or motion in an ex parte relief request.
- Document
- Ex parte relief filing
Must include
- •Proposed order
Court's wording
Attorneys and self-represented parties seeking ex parte relief from the Court shall e-file a relevant pleading or motion and a proposed order and then contact the office of the District Court Administrator to request that the pleading or motion for ex parte relief be brought to the attention of the Court.
A motion to withdraw does not require a hearing only if it complies with Texas Rule of Civil Procedure 10 and includes the specified consents, address certificate, and certification.
Court's wording
A hearing is required for a motion to withdraw unless the motion complies with Rule 10 of the Texas Rules of Civil Procedure and is filed with: (a) A written consent to the withdrawal signed by the withdrawing attorney's client(s); (b) A written consent to the withdrawal signed by all other parties in the action who have appeared; (c) A certificate of last known address of the client(s), containing the client's address, telephone number, email address, and, if available, fax number; and (d) A certification that there are no rulings of the Court that have yet to be reduced to writing.
A motion to substitute attorneys does not require a hearing only if it complies with Texas Rule of Civil Procedure 10 and includes the specified consent, service certificate, attorney information, and certification.
- Document
- Motion to substitute attorneys
Must include
- •Certificate of service
Court's wording
A hearing is required for a motion to substitute attorneys unless the motion complies with Rule 10 of the Texas Rules of Civil Procedure, and is filed with: (a) A written consent to the substitution signed by all other parties in the action who have appeared; (b) A certificate of service notifying the withdrawing attorney of the motion to substitute; (c) The substituting attorney's name, State bar number; address, telephone number, email address, and, if available, fax number; and (d) A certification that there are no rulings of the Court that have yet to be reduced to writing.
All orders and judgments must be approved as to form by all attorneys of record and/or self-represented litigants and contain full signature blocks for all attorneys of record and/or self-represented litigants.
Any proposed agreed order or judgment must be signed by all attorneys of record and/or self-represented litigants and state "Agreed" or "Agreed as to Form and Substance."
Motions to retain must set forth the factual and legal basis for retaining the case and must be filed at least 14 days prior to the dismissal date specified in the notice of dismissal.
The motion must also have attached a certificate of service reflecting notice to both previous counsel in the case and the District Attorney.
- Document
- Motion to withdraw
Must include
- •Certificate of service
On pretrial motions, attach by separate page on all motions an order with the proper cause number and style of case.
Attorneys and self-represented parties are ordered to email the agreed order (signed by all necessary parties) to the Court Coordinator for the Family Court together with the appropriate required proof, or with a request for a remote setting.
not represented by counsel, each party is required to submit a sworn affidavit. Unsworn declarations under section 132.001 of the Texas Civil Practice & Remedies Code shall not be considered as proper proof.
The Petitioner shall attach a copy of the Standing Order for Family Law Cases to their original pleading and each copy of their initial pleading.
Before a final merits trial in an enumerated family-law suit, each party must prepare and deliver the required pretrial forms and any amended pleadings.
Court's wording
Before the final trial on the merits in any divorce suit or suit affecting the parent-child relationship (which include, but are not limited to, modification suits, paternity suits, and original suits), each party must prepare and deliver pre-trial forms and any amended pleadings as follows:
2. All payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-1 for the calendar year of the trial from January 1 through the date of the trial. 3. This Rule does not supersede any requirement to respond to discovery requests.
In a suit requiring child-support or spousal-maintenance determinations, each party must submit a fully completed and signed prescribed or similarly appropriate Proposed Support Decision form.
Court's wording
(ii) In any suit requiring a determination of child support or spousal maintenance, each party must prepare and deliver a Proposed Support Decision using the form prescribed by the Texas Family Law Practice Manual published by the State Bar of Texas or a similarly appropriate form. The form must be fully completed and signed by the party.
Unless income or net resources are stipulated, each party must furnish—but not file—the court and opposing parties at trial the prior two years of federal tax returns or, if none were filed, the specified payroll and tax forms for those years.
Court's wording
Additionally, in any suit requiring a determination of child support or spousal maintenance, unless the parties agree or stipulate to a party's income and/or net resources as defined by the Texas Family Code, each party is required to furnish to the Court (but not file), and to opposing parties, copies of the following at the time of trial: 1. The party's federal income tax returns for the previous two calendar years, or if no such return(s) have been filed, then all payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-1 for such years; and
Each party in a divorce must submit the prescribed or similarly appropriate Proposed Property Division form, or may instead submit a proposed-division spreadsheet in editable electronic format at the start of trial.
Court's wording
(i) In a divorce suit, each party must prepare and deliver a Proposed Property Division using the form prescribed by the Texas Family Law Practice Manual published by the State Bar of Texas or a similarly appropriate form. In lieu of such form, a party may submit a spreadsheet that reflects that parties proposed property division. If a spreadsheet is used in lieu of the Proposed Property Division form, then a copy of such spreadsheet must be provided to the Court in an editable electronic format at the beginning of the trial.
(iv) In any suit requiring a determination or modification of conservatorship, or possession and access to a child, each party must prepare and deliver a Proposed Parenting Plan, pursuant to Texas Family Code Section 153.603, fully completed and signed by the party, a single agreed Proposed Parenting plan signed by both parties, or must summarize the requested relief in brief
Each party must prepare and deliver a fully completed and signed Proposed Support Decision in suits requiring child support or spousal maintenance determinations.
Court's wording
In any suit requiring a determination of child support or spousal maintenance, each party must prepare and deliver a Proposed Support Decision using the form using the form prescribed by the Texas Family Law Practice Manual published by the State Bar of Texas or a similarly appropriate form. The form must be fully completed and signed by the party.
Before any hearing on temporary or interim orders in any divorce suit or suit affecting the parent-child relationship (which include, but are not limited to, modification suits, paternity suits, and original suits) each party must prepare and deliver pre-trial forms as follows:
Unless income or net resources are agreed or stipulated, each party must furnish the preceding four payroll statements or paystubs and the preceding year's filed income tax return to the judge without filing and to the opposing party before the hearing.
Court's wording
Additionally, unless the parties agree or stipulate to a party's income and/or net resources as defined by the Texas Family Code, each party is required to furnish copies of the party's preceding four payroll statements or paystubs and the party's preceding year's income tax return (if the tax return has been filed) to the Page | 36 ===== PAGE 38 ===== judge (but not file) at the time of the hearing and to the opposing party prior to the hearing.
Additionally, each party must also prepare and deliver a Proposed Disposition of Issues, which must state separately in brief complete sentences each trial decision that is sought by that party.
If all parties in a case fail to deliver pre-trial forms as required by these rules, the case will be required to be reset.
Additionally, a certificate of last known address, non-military affidavit, and (where applicable) a statement of evidence must be on file before the Court will render a default judgment.
The District Court and the office of the District Court Administrator retain discretion to strike any setting in which the motion and any amendment thereof does not include such certificates.
Any show cause order or other order setting a case presented for signature by a judge must be contained in a separate document and not combined with any pleading or motion.
A Notice of Setting must include attorney or self-represented litigant contact information, interpreter information when required, a certificate of conference, and a signature line for the appropriate court coordinator's approval.
- Document
- Notice of setting
Must include
- •Certificate of conference
Court's wording
(c) Telephone numbers for all attorneys and/or self-represented litigants; (d) Email addresses for all attorneys and/or self-represented litigants; (e) Whether an interpreter is required and the desired language (for specific information regarding interpreters, please see Chapter 6); (f) A certificate of conference as noted in 9.1 above; and (g) A signature line for the approval of the Notice of Setting by the appropriate court coordinator.
Should such orders be adopted, they will be used in every civil jury trial.
Proposed orders are not required. If a proposed order is filed, it must be filed separately from any motion or other document.
Subject to applicable rules of evidence, the pre-trial forms required by these rules may be used during the trial or hearing and may be marked as exhibits and offered in evidence.
Filing & Service rules
Electronic Filing Rules
A written Notice of Setting must be e-filed for District Court Administrator approval within seven days after obtaining the hearing or trial date.
A written Notice of Setting must be e-filed for approval by the office of the District Court Administrator no later than seven (7) days after a hearing or trial date is obtained from the appropriate court coordinator.
Page 20 | II. Rules Applicable to Civil Cases — Chapter 9 - Settings — 9.3 Notice of Setting
Motions and proposed orders may not be sent directly to the District Court Administrator unless the office expressly instructs that course.
Attorneys and self-represented parties shall not send motions or proposed orders directly to the Office of the District Court Administrator unless expressly instructed to do so.
Page 23 | 12.3 Filing and Disposition
Attorneys and self-represented parties seeking ex parte relief must electronically file the relevant pleading or motion and a proposed order before asking the District Court Administrator to bring the matter to the Court's attention.
Attorneys and self-represented parties seeking ex parte relief from the Court shall e-file a relevant pleading or motion and a proposed order and then contact the office of the District Court Administrator to request that the pleading or motion for ex parte relief be brought to the attention of the Court.
Page 23 | 12.3 Filing and Disposition
The District Court Administrator may not be contacted until the relevant ex parte pleading or motion and proposed order have been e-filed.
Attorneys and self-represented parties shall not contact the Office of the District Court Administrator unless the relevant pleading or motion and a proposed order have been e-filed.
Page 23 | 12.3 Filing and Disposition
Filing Timing and Cure Windows
A matter is not formally set unless the District Court Administrator has approved its Notice of Setting.
No matter will be considered as being formally set for hearing in the absence of a Notice of Setting that has been approved by the office of the District Court Administrator.
Page 20 | II. Rules Applicable to Civil Cases — Chapter 9 - Settings — 9.3 Notice of Setting
Unless the court orders otherwise, orders and judgments must be written and presented to the court within 30 days of rendition.
Unless otherwise ordered by the Court, all orders and judgments rendered by the Court must be reduced to writing and presented to the Court no later than thirty (30) days from the date of rendition.
Page 25 | Chapter 14 - Orders and Judgments; 14.2 Entry of Orders After Rendition
The mediator's report must be filed with the District Clerk at least 30 days before trial.
Parties are responsible for ensuring that the Mediator's report is filed with the District Clerk no later than thirty (30) days before the trial date.
Page 27 | 16.3 Jury Cases Must Be Mediated
A motion to retain must be filed at least 14 days before the dismissal date specified in the notice.
Motions to retain must set forth the factual and legal basis for retaining the case and must be filed at least 14 days prior to the dismissal date specified in the notice of dismissal.
Page 28 | 18.5 Motions to Retain and Objections to Motions to Retain
An objection to a motion to retain must be filed at least 7 days before the dismissal date specified in the notice.
Any objection to a motion to retain must be filed at least 7 days prior to the dismissal date specified in the notice of dismissal.
Page 28 | 18.5 Motions to Retain and Objections to Motions to Retain
Late amendments to pre-trial forms or pleadings require party agreement or court leave, which will be granted unless the filing would surprise the opposing party.
Amendments to pre-trial forms and amendments to pleadings may be filed after the deadline above only by agreement of the parties or upon leave of court, which leave will be granted unless there is a showing that the filing will operate as a surprise to the opposite party.
Page 37 | 30.2 Required Forms and Documents
Each party must file the required pre-trial forms and any pleading amendment two weeks before the trial setting.
Each party must file the required pre-trial forms and any amendment to pleadings two weeks prior to the trial setting.
Page 37 | 30.2 Required Forms and Documents
The required form must reach the opposing party before the case is called and the judge at the time of the hearing.
Each party must deliver the required form to the opposing party before the case is called for hearing, and to the Judge at the time of the hearing.
Page 38 | 30.3 Pre-Trial Procedure Before a Temporary or Interim Orders Hearing (c)
The District Court Administrator cannot extend the time for delivering pre-trial forms, and the parties cannot waive or modify the rules by agreement.
The office of the District Court Administrator is not authorized to extend the time for delivering pretrial forms. The parties may not by agreement waive or modify the provisions or requirements of these rules.
Page 38 | 30.5 No Extensions or Waivers by Office of the District Court Administrator or by Agreement
An objection or motion concerning a jury trial must ordinarily be heard at least seven days before the proceeding, but one filed within seven days may be heard as soon as practicable if the Court grants leave.
Any objections or motions related to proceeding with a jury trial will be heard by the judge presiding over the case at least seven days prior to the jury proceeding or as soon as practicable if, with leave of the Court, the objection or motion is made or filed within seven days of the jury proceeding.
Page 1 | A. Hearings on Objections or Motions Related to Proceeding
Parties must make objections or motions relating to a scheduled jury proceeding at least 10 days before the trial setting.
Parties who are scheduled for a jury proceeding shall make any objections or motions related to the proceedings at least 10 days prior to the trial setting.
Page 1 | A. Hearings on Objections or Motions Related to Proceeding
The Texas Attorney General's Office, the Texas Department of Family and Protective Services, and the Hays County District Attorney's Office are not required to file pre-trial forms.
Pre-trial forms are not required to be filed by the Texas Attorney General's Office, The Texas Department of Family and Protective Services or the Hays County District Attorney's Office.
Page 38 | 30.4 Not Required In IV-D Cases or Cases in the Child Protection Court
Pre-trial forms need not be filed in IV-D Court or Child Protection Court cases.
Pre-trial forms are not required to be filed in cases filed in the IV-D Court or the Child Protection Court.
Page 38 | 30.4 Not Required In IV-D Cases or Cases in the Child Protection Court
Service and Proof of Service Rules
Notice of the setting must be served on every party on the date the Notice of Setting receives administrative approval, and delayed notice may support a continuance request.
Notice must be served on all parties on the same day that the notice of setting is approved by the office of the District Court Administrator, and any delay in sending notice may be argued by opposing counsel as a basis for continuance.
Page 20 | II. Rules Applicable to Civil Cases — Chapter 9 - Settings — 9.3 Notice of Setting
Each party must deliver the required pre-trial form to the opposing party and to the judge hearing the case.
Each party must deliver the required form to the opposing party and to the Judge hearing the case.
Page 38 | 30.3 Pre-Trial Procedure Before a Temporary or Interim Orders Hearing (b)
Courtesy Copy Requirements
One copy of the mediator's report must be delivered to the Civil Court Coordinator on the same day it is filed with the District Clerk.
A copy of the Mediator's report must be delivered to the Civil Court Coordinator for the District Court Judges on the same day it is filed with the District Clerk.
Page 27 | 16.3 Jury Cases Must Be Mediated
Copies of notices, motions, and pleadings required by Chapter 18 must also be delivered to the District Court Administrator's office.
A copy of notices, motions, and pleadings required to be filed by this Chapter also must be delivered to the office of the District Court Administrator.
Page 28 | 18.2 Copies to District Court Administrator
Pre-Motion Conference Requirements
Except for a final-trial setting, the motion must already be on file before a party may request a hearing setting.
For any setting other than a setting for a final trial, the motion being set must be on file before a party may request a setting.
Page 19 | II. Rules Applicable to Civil Cases — Chapter 9 - Settings — 9.2 Setting Hearings and Trials
Before requesting a hearing setting, the parties must make reasonable efforts to speak about the hearing date, time, and motion substance to narrow their disputes.
Prior to setting any hearing, the parties must make reasonable efforts to actually speak to one another regarding the date and time of the hearing and the substance of the motion in a genuine effort to narrow their disputes before seeking court intervention.
Page 19 | II. Rules Applicable to Civil Cases — Chapter 9 - Settings — 9.1 Certificate of Conference Requirements
Adjournment & Extension Requirements
If an attorney fails to properly designate vacation under the rule, the court may consider a continuance motion in appropriate circumstances.
### 3.3 Continuance If an attorney does not properly designate a period of vacation in accordance with this rule, the Court retains the discretion to consider the granting of a motion for continuance in appropriate circumstances.
Page 11 | 3.3 Continuance
For good cause, defense counsel must advise the District Court Administrator in writing within five days after receiving the trial-setting notice and state the reason.
If for good cause defense counsel cannot go to trial on such date, he shall, within five (5) days of receipt of the setting notice, so advise the District Court Administrator in writing stating such reason.
Page 30 | Chapter 22 – Settings
The parties may request a trial-setting reset through the court coordinator by agreement, subject to the judge's approval.
The parties may, by agreement, request a reset through the court coordinator with the Judge's approval.
Page 30 | Chapter 22 – Settings
Chambers Communication Rules
A party filing one of the listed post-trial pleadings must give direct notice to the judge.
Notice must be given directly to the Judge when a party files one or more of the following post-trial pleadings: - (a) Request for Findings of Fact and Conclusions of Law (TRCP 296) - (b) Notice of Past Due Findings of Fact and Conclusions of Law (TRCP 296) - (c) Any affidavit of indigence filed in connection with an appeal (TRAP 20.1)
Page 26 | Chapter 15 - Post-Trial Matters; 15.2 Duty to Notify Court of Post-Trial Pleadings
The filing party must notify the judge by emailing a copy of the pleading to the District Court Administrator's office.
Notice must be given to the Judge by the party filing the pleading by emailing a copy to the office of the District Court Administrator whose email address is available on the Hays County District Court's Website.
Page 26 | Chapter 15 - Post-Trial Matters; 15.3 Notice to the Court
The Court may reschedule a matter that cannot reasonably be heard within the announced time.
Any matter which the Court determines cannot reasonably be heard within the announced time will be rescheduled at the discretion of the Court.
Page 20 | II. Rules Applicable to Civil Cases — Chapter 9 - Settings — 9.2 Setting Hearings and Trials
The parties need not agree on a trial setting because the District Court Administrator may set a hearing or trial when no agreement exists.
The requirement of a certificate of conference confirming that the parties have attempted to confer about the date and time of a setting should not be construed as a requirement that the parties must agree on a trial setting. In the absence of an agreement, any hearing or trial may be set at the discretion of the office of the District Court Administrator.
Page 19 | II. Rules Applicable to Civil Cases — Chapter 9 - Settings — 9.1 Certificate of Conference Requirements
An order or judgment approved as to form may be submitted to the court for signature by email to the Civil Court Coordinator for the District Court Judges.
An approved order or judgment may be submitted to the Court for signature by e-mailing said proposed order or judgment to the Civil Court Coordinator for the District Court Judges.
Page 25 | Chapter 14 - Orders and Judgments; 14.2 Entry of Orders After Rendition