Matagorda County District Courts Document Filing Requirements

CRITICAL

Applies to

Agreed divorce no children

For an agreed divorce without children, parties must submit the listed documents, including a signed decree and BVS 165, which must not be e-filed.

Parties must submit the following documents: i. Waiver/Agreed Divorce - No Children. a. Waiver of Citation/Answer/MSA on file; b. Prove-up/Testimony Affidavit; c. Divorce Decree (with all parties' signatures); d. BVS 165 (Information on SAPCR). This form must be hand delivered, emailed or mailed to the District Clerk. Do no e-file.

CRITICALCivil cases

Applies to

Vacation designation motion

The motion must identify covered cases currently set for trial during the requested summer vacation and any likely affected long cases, including each case's number and style, court, and trial date.

List all cases in which counsel is (or expects to become) lead counsel that are currently set for trial during a week designated as a summer vacation. Include any case that is long enough to likely be affected, if called to trial on a setting prior to the requested designated summer week(s). Provide the following information: case number and style, court, trial date.

CRITICALCivil cases

Applies to

Petition

The petitioner must attach a copy of the standing order to the original petition and every copy of the petition.

8.1. The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.

CRITICALCivil cases

Applies to

Alternative fee preapproval motion

A motion seeking pre-approval of an Alternative Fee Calculation must be made ex parte under oath, fully state the request basis, and include particularized supporting documentation.

An ex parte motion under oath for pre-approval of Alternative Fee Calculation shall fully and completely set forth the basis for the request, and be accompanied by documentation that makes a particularized showing with respect to any factual basis supporting the motion.

CRITICALCriminal cases

Applies to

Public appointment list application

A copy of the attorney's most recent State Bar annual report must be attached to the application.

3. A copy of your most recent annual report from the State Bar

CRITICALCivil cases

Applies to

Itemized time statement

The itemized time statement must not include privileged communications.

Do not include in this document any privileged communication.

CRITICAL

Applies to

Motion for alternative or substituted service

Motions for alternative or substituted service must be accompanied by an affidavit documenting at least three attempts.

E. Motions for Alternative or Substituted Service (if properly accompanied by an affidavit that includes at least three attempts).

CRITICALCriminal cases

Applies to

Cash bond receipt

The officer receiving deposited cash must issue a receipt, which must be provided to the clerk for filing in the case record.

Any cash funds deposited shall be receipted for by the officer receiving the funds and the receipt provided to the clerk to file in the records of the case.

CRITICAL

Applies to

Child name change submission

Child name-change submissions must include the listed documents, subject to the stated conditions, including a BVS 165 that must not be e-filed.

v. Change of Name for Children. a. Both parents must file a Prove-Up/Testimony Affidavit (if both are Petitioners); b. Color copy of valid state picture identification(s) (front and back); c. Color Copy of Original Birth Certificate (if not in English it must be professionally translated); d. Child's Consent to Name Change (only if child is over 10 years old); e. Waiver of Citation/Service (if applicable); f. Order Granting Change of Name (signed by both parents and attorney); g. BVS 165 (SAPCR sections 1 and 3). This form must not be e-filed and shall be hand delivered, emailed or mailed to the District Clerk.

CRITICAL

Applies to

Affidavit of indigency

The affidavit of indigency must have all blanks completed with information or N/A and must be signed.

I have no assets except the following: (complete all blanks with information or N/A and sign)

CRITICAL

Applies to

Agreed divorce with children or sapcr

For an agreed divorce with children or SAPCRs, parties must submit the listed documents, with the employer and medical support orders required if applicable.

ii. Waiver/Agreed Divorce - With Children/SAPCRs. a. Waiver of Citation/Answer/MSA on file; b. Prove-up/Testimony Affidavit; c. Divorce Decree/Agreed Order (with all parties' signatures); d. BVS 165 (Information on SAPCR). This form must be hand delivered, emailed or mailed to the District Clerk. Do no e-file; e. Employer's Order to Withhold Wages/Income Withholding for Support (if applicable); f. Medical Child Support Order (if applicable).

CRITICAL

Applies to

Certificate of conference

If no meeting occurred, the certificate must state the attempted meeting’s date, time, and method and explain why it did not occur.

If the meeting did not occur, the certificate must provide the attempted meeting information (i.e. date, time, and method) and the reason it did not occur.

CRITICALCivil cases

Applies to

Payment request

Must include

local rule certificate

Each attorney payment request must include a sworn certification covering the accuracy of the time claimed, its reasonableness and necessity, the reasonableness and actual incurrence of expenses, and compliance with the applicable CPS Local Rules and fee schedule.

Each request for payment must include a sworn certification by the attorney seeking payment that the request truthfully and accurately represents time spent on the identified matter(s), that the time spent was reasonable and necessary, that expenses for which reimbursement is sought were reasonable and actually incurred on the identified matter(s), and that the request complies with the CPS Local Rules and fee schedule of Matagorda County in effect at the time the services were rendered or expenses incurred.

CRITICAL

Applies to

Family plan of service amendment

Must include

proposed order

Amendments to court-ordered Family Plans of Service become effective only after presentation to the Court and specific incorporation into a court order.

Any and all amendments to Family Plans of Service after they have become an order of this Court, shall become effective after they have been presented to the Court and incorporated specifically into a court order which may be submitted via submission hearing guidelines.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

The motion’s certificate of conference must document a substantive discussion of every item presented to the court and, despite best efforts, the inability to resolve all matters.

CERTIFICATE OF CONFERENCE ____ (1) Counsel for movant and counsel for respondent have personally conducted a conference at which there was a substantive discussion of every item presented to the Court in this motion and despite best efforts the counsel have not been able to resolve all matters presented. Counsel have further conferred and __ do) __do not) agree on a setting date.

CRITICALCivil cases

Applies to

Certificate of conference

Must include

certificate of conference

Counsel must personally conduct a substantive conference about every item presented in the motion, state whether they agree to the listed setting dates, and explain that the matters remain unresolved despite best efforts.

(1) Counsel for movant and counsel for respondent have personally conducted a conference at which there was a substantive discussion of every item presented to the Court in this motion and despite best efforts the counsel have not been able to resolve those matters presented. Counsel have further conferred and (___do)(___do not) agree to the setting dates listed in the Setting Request.

CRITICALCriminal cases

Applies to

Waiver of right to counsel

The court must advise a defendant who wishes to waive counsel about the charges and, for trial, the risks of self-representation; if it finds the waiver voluntary and intelligent, it must provide a statement for the defendant to sign and file in the record.

iii. If a defendant wishes to waive the right to counsel for purposes of entering a guilty plea or proceeding to trial, the court shall advise the defendant of the nature of the charges against the defendant and, if the defendant is proceeding to trial, the dangers and disadvantages of self-representation. 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. “I have been advised this ___day of ____, 2___ by the (name of court) of my right to representation by counsel in the case pending against me. I have been further advised that if I am unable to afford counsel, one will be appointed for me free of charge. Understanding my right to have counsel Matagorda District Court and County Court Indigent Defense Plan Page 11 of 14 ===== PAGE 12 ===== appointed for me free of charge if I am not financially able to employ counsel, I wish to waive that right and request the court to proceed with my case without an attorney being appointed for me. I hereby waive my right to counsel. (Signature of Defendant)”

CRITICALCriminal cases

Applies to

Public appointment list application

The public appointment list application must be accompanied by the criminal jury trial and appeals list described in the form.

1. Criminal jury trial and appeals list described above

CRITICAL

Applies to

Oath by father guardian of juvenile respondent

The father or guardian must indicate whether the juvenile respondent currently meets eligibility requirements and provide a date.

# Father/Guardian of Juvenile Respondent Currently Meets Eligibility Requirements? ☐ YES ☐ NO Date ________________________

CRITICALCivil cases

Applies to

Vacation designation motion

Must include

certificate of conference

The motion must include a certificate of conference covering every listed case.

The motion must include a certificate of conference covering all the listed cases.

CRITICALCriminal cases

Applies to

Fee voucher

Appointed counsel must submit a fee voucher to the court for services rendered.

An appointed attorney shall fill out and submit a fee voucher to the court for services rendered.

CRITICAL

Applies to

Motion

Must include

proposed order

The movant must include a proposed order with the motion.

C. Movant shall include the proposed order with the motion.

CRITICAL

Applies to

Administered oath

If the administered-oath section is used, only a clerk or notary may complete it, and it must include the oath and the clerk or notary's signature and date.

# ADMINISTERED OATH # (Clerk/Notary ONLY) SUBSCRIBED AND SWORN to before me, the undersigned authority, this ______ day of ______, 20____. Clerk/Notary Public Signature Date

CRITICAL

Applies to

Administered oath

If the administered-oath section is used, only a clerk or notary may complete it, and it must include the oath and the clerk or notary's signature and date.

# ADMINISTERED OATH (Clerk/Notary ONLY) SUBSCRIBED AND SWORN to before me, the undersigned authority, this ________________ day of ________________, 20____. Clerk/Notary Public Signature Date

CRITICALCivil cases

Applies to

Pre hearing conference certificate

Must include

certificate of conference

A certificate of pre-hearing conference is required before obtaining a temporary orders hearing setting.

At a minimum, a certificate of pre-hearing conference is required to obtain a temporary orders hearing setting.

CRITICAL

Applies to

Oath by mother guardian of juvenile respondent

The mother or guardian must check the applicable box concerning whether to request appointed counsel or retain an attorney.

# CHECK THE APPROPRIATE BOX BELOW

CRITICAL

Applies to

Oath by mother guardian of juvenile respondent

Only one of the two alternative execution sections on the mother or guardian oath may be completed.

# ONLY ONE SECTION BELOW TO BE COMPLETED.

CRITICAL

Applies to

Contested hearing

Must include

certificate of conference

Attorneys and pro se litigants must file a Certificate of Conference before a contested hearing begins.

Attorneys and pro-se litigants shall file a Certificate of Conference before the hearing begins.

CRITICALCivil cases

Applies to

Vacation designation motion

A late-filed vacation designation motion or request to amend a timely vacation designation must attach the Vacation Request and any prior requests.

Attach the Vacation Request and any prior requests.

CRITICALCivil cases

Applies to

Alternative fee invoice

An Alternative Fee Calculation invoice and service description must reference the court's authorization and comply with CPS Local Rule 5.3.1 and following.

The invoice and description of the services for which compensation is sought must reference the court's authorization for the Alternative Fee Calculation and comply with 5.3.1 et. seq.

CRITICALCivil cases

Applies to

Itemized time statement

The attorney must affirm that the statement accurately reflects time, services, and out-of-court expenses for the party represented.

I affirm and hereby represent to the Court that this is a true and correct reflection of my time and services and out of court expenses representing the above-named Party.

CRITICAL

Applies to

Certificate of conference

If no conference occurred, the certificate must state the attempted meeting’s date, time, and method and explain why it did not occur.

If the conference did not occur, the certificate must provide the attempted meeting information (i.e. date, time, and method) and the reason it did not occur.

CRITICAL

Applies to

Adult adoption submission

Adult adoption submissions must include a final order signed by all parties, a prove-up affidavit, identification, and a criminal background check if a name change is requested.

vi. Adult Adoptions. a. Final Order Granting Adult Adoption (signed by all parties); b. Prove-Up/Testimony Affidavit; c. Color Copy of Valid State Picture Identification (front & back); d. Criminal Background needed if name change is requested.

CRITICAL

Applies to

Unsworn declaration by defendant

If the unsworn-declaration section is used, only the defendant may complete it and must provide identifying information, an address, the perjury declaration, and the execution information.

# UNSWORN DECLARATION BY DEFENDANT (Defendant ONLY) My name is ________________________, my date of birth is ________________________. (First Name) (Middle Name) (Last Name) My address is ________________________ (Street Number and Name) (City) (State) (Zip Code) (Country) I declare under penalty of perjury that the foregoing is true and correct. Executed in ________________________ County, State of Texas, on the ________________ day of ________________, 20____.

CRITICALCivil cases

Applies to

Certificate of conference

Must include

certificate of conference

An emergency-based inability to confer must be supported by details explaining the emergency, irreparable harm from delay, and the inability to contact opposing counsel or the party.

(3) An emergency exists of such a nature that further delay would cause irreparable harm to the movant, as follows: (details of emergency and harm justifying inability to contact opposing counsel or party)

CRITICALCivil cases

Applies to

Vacation designation motion

Must include

local rule certificate

The motion must contain a certificate establishing notice to every attorney in each listed case whose trial setting would be affected by the requested summer vacation.

Contain a certificate that the movant has notified each attorney in any case listed above in (3) in which trial setting would be affected by a summer designation, pursuant to Tex. R. Civ. Pro. 21a

CRITICALCivil cases

Applies to

Certificate of conference

Must include

certificate of conference

If counsel cannot resolve the matter, movant's counsel must document personal attempts to contact respondent's counsel, delivery and receipt of the proposed motion, and at least three contact attempts after receipt before respondent fails to respond or resolve the matters.

(2) Counsel for movant has personally attempted to contact the counsel for respondent to resolve the matters presented as follows: DATE TIME METHOD RESULT Counsel for the movant has caused to be delivered to counsel for respondent, and counsel for respondent has received a copy of the proposed motion. At least three (3) attempts to contact the counsel for respondent followed the receipt by counsel for respondent of the proposed motion. Counsel for respondent has failed to respond or attempt to resolve the matters presented.

CRITICALCivil cases

Applies to

Alternative fee preapproval request

Alternative Fee Calculation requests must be submitted under oath or attested under penalty of perjury by officers of the Court.

All such requests shall be submitted under oath and/or attested to under penalty of perjury and as officers of the Court.

CRITICAL

Applies to

Unsworn declaration by defendant

If the unsworn-declaration section is used, only the defendant may complete it and must provide identifying information, an address, the perjury declaration, and the execution information.

# UNSWORN DECLARATION BY DEFENDANT # (Defendant ONLY) My name is ________________________, my date of birth is ________________________. (First Name) (Middle Name) (Last Name) My address is (Street Number and Name) (City) (State) (Zip Code) (Country) I declare under penalty of perjury that the foregoing is true and correct. Executed in ________________________ County, State of Texas, on the ______ day of ______, 20____.

CRITICALCivil cases

Applies to

Alternative fee preapproval motion

Time listed in an Alternative Fee Calculation motion must be itemized in one-tenth-of-an-hour increments.

Time listed in the motion shall be itemized to the tenth (1/10) of an hour.

CRITICAL

Applies to

Certificate of conference

The Certificate of Conference must state the date the parties conferred.

The certificate shall contain the date in which the parties conferred.

CRITICALCivil cases

Applies to

Vacation designation motion

The motion must state the reasons for the late vacation designation or requested amendment.

State the reason(s) for the late filed vacation designation or the request to amend the prior vacation designation.

CRITICAL

Applies to

Adult name change submission

Adult name-change submissions must include the listed criminal-record, identification, affidavit, fingerprint-card, and signed-order materials.

iv. Change of Name for Adults. a. Criminal Record run through the Crime Records Division (DPS) in Austin or FBI (must include fingerprints); b. Color copy of valid state picture identification (front and back); c. Prove-up/Testimony Affidavit; d. Fingerprint card on file with Petition; e. Order Granting Change of Name (signed by Petitioner and Attorney, if applicable).

CRITICAL

Applies to

Oath by mother guardian of juvenile respondent

The mother or guardian must indicate whether the juvenile respondent currently meets eligibility requirements and provide a date.

# Mother/Guardian of Juvenile Respondent Currently Meets Eligibility Requirements? ☐ YES ☐ NO Date ________________________

CRITICAL

Applies to

Pre hearing conference confirmation

Before requesting a hearing date, attorneys and pro se litigants must provide the Court Coordinator written confirmation of their conference or attempted conference, including the required details.

Prior to all settings, including Temporary Orders, attorneys and pro-se litigants must confirm in writing with the Court Coordinator that they have met with the opposing party before requesting a hearing date. The confirmation shall contain the date(s) in which the parties conferred. If the parties did not confer, the confirmation of pre-hearing conference must provide the attempted meeting information (i.e. date, time, and method) and the reason it did not occur.

CRITICAL

Applies to

Affidavit of indigency

The affidavit must include a sworn statement that the financial information is complete, true, and correct, that the defendant cannot afford an attorney, and that the defendant requests appointed counsel.

I HEREBY SWEAR OR AFFIRM, UPON PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED ABOVE IS COMPLETE, TRUE, AND CORRECT. I AM FINANCIALLY UNABLE TO HIRE AN ATTORNEY AND HEREBY REQUEST THAT THE COURT APPOINT AN ATTORNEY TO REPRESENT ME IN THIS CASE.

CRITICALCivil cases

Applies to

Attorney fee submission

Hours worked outside the courtroom must be submitted in detailed format on an attached sheet.

All hours outside of the courtroom shall be submitted in detailed format on attached sheet.

CRITICAL

Applies to

Certificate of conference

Must include

certificate of conference

Attorneys and pro se litigants must file a Certificate of Conference before an Adversary or Show Cause Hearing begins.

Attorneys and pro-se litigants shall file a Certificate of Conference before the hearing begins.

CRITICALCriminal cases

Applies to

Public appointment list application

A current resume must be attached to the public appointment list application.

2. A current resume

CRITICAL

Applies to

Exhibit

Every exhibit must be pre-marked on every page with its exhibit number, offering party name, cause number, and page number and total page count.

i. All exhibits shall be PRE-MARKED with the exhibit number, offering party name, cause number and the page number and number of pages (i.e. Page 1 of 20). All pages of the exhibit shall include this information.

CRITICALCivil cases

Applies to

Attorney payment request

An attorney requesting compensation as counsel for indigent clients must verify under oath the accuracy and completeness of the payment request and supporting information.

The attorney seeking compensation as counsel for indigent client(s) must verify under oath the accuracy of the facts set out in the form requesting payment as well as the accuracy and completeness of any other information provided in support of the request for payment.

CRITICALCivil cases

Applies to

Attorney payment request

Payment requires submission of a completed CPS-compliant form, which may be filed ex parte.

The attorney submits a completed form (can be ex parte) that complies with these CPS Local Rules

CRITICALCriminal cases

Applies to

Expense request

Appointed counsel may request advance payment for investigative or expert expenses through a confidential pretrial ex parte filing that identifies the investigation or expert, supporting facts, and anticipated itemized expenses.

Appointed Counsel may file with the trial court a pretrial ex parte confidential request for advance payment of investigative and expert expenses. The request for expenses must state the below, as applicable: a. The type of investigation to be conducted or the type of expert to be retained; b. Specific facts that suggest the investigation will result in admissible evidence or that the services of an expert are reasonably necessary to assist in the preparation of a potential defense; and c. An itemized list of anticipated expenses for each investigation and/or each expert.

CRITICALCivil cases

Applies to

Fixed fee sheet

A payment claim for Family Group Conferences or mediation must include the dates of those events.

Any claim for Family Group Conferences or mediation fees shall also include the date(s) of those events.

CRITICAL

Applies to

Default divorce sapcr paternity custody or modification submission

Default divorce, SAPCR, paternity, custody, and modification submissions must include the listed documents, subject to the stated applicability conditions.

iii. Default Divorces, SAPCRs, Paternity, Custody, Modifications. a. Check file for proof of service return (citation) - must be imaged and be on file ten days; b. Decree/Judgment; c. Employer's Order to Withhold Wages/Income Withholding for Support (if applicable); d. Medical Child Support Order (if applicable); e. Non-Military Affidavit (required); f. Certificate of Last Known Address (required); g. BVS 165 (Information on SAPCR- required). This form must not be e-filed and shall be hand delivered, emailed or mailed to the District Clerk; h. Inventory & Appraisement (Divorces only).

CRITICALCivil cases

Applies to

Payment request

Each attorney payment request constitutes acceptance of the CPS Local Rules and a commitment to follow them.

Each request for payment shall also constitute the attorney's acceptance of the CPS Local Rules and willingness to abide by the same.

CRITICALCivil cases

Applies to

Attorney payment request

An appointed attorney cannot receive payment until the stated submission requirements are satisfied.

An attorney shall not be paid until:

CRITICALCivil cases

Applies to

Certificate of conference

Must include

local rule certificate

BEFORE ME, the undersigned authority, on this day personally appeared _______________________________, Counsel for Movant, who stated that the information contained in the foregoing Certificate of Conference is true and correct.

BEFORE ME, the undersigned authority, on this day personally appeared _______________________________, Counsel for Movant, who stated that the information contained in the foregoing Certificate of Conference is true and correct.

CRITICALCivil cases

Applies to

Attorney fee submission

The form must be filed with a Motion for Alternative Fee Calculation before time or expenses are incurred.

File Expert witness hours this form with a Motion for Alternative Fee Calculation BEFORE expending the time and/or Deposition expenses

CRITICAL

Applies to

Motion

Must include

proposed order

The movant must include a proposed order with the motion.

B. Movant shall include the proposed order with the motion.

WARNINGCivil cases

Applies to

Certificate of conference

Must include

certificate of conference

Counsel or a party may be unable to discuss the motion’s setting and subject with opposing counsel or party for another reason.

(4) Other reason Counsel/Party is unable to discuss the setting and matter addressed by the Motion with opposing counsel/party:

WARNINGCriminal cases

Applies to

Public appointment list application

The application must include an attorney sworn or affirmed statement that the supplied information is true and accurate.

I, the undersigned attorney, being duly licensed to practice law in the State of Texas by the State Bar of Texas, do hereby file this Application in compliance with the Local Rules of Matagorda County, Texas for the Timely and Fair Appointment of Counsel for Indigent Defendants, and swear or affirm that the below information is true and accurate.

WARNINGCivil cases

Applies to

Itemized time statement

Receipts must be attached for all expenses other than phone and copy charges.

(attach receipts for all expenses except phone and copy charges)

WARNINGCriminal cases

Applies to

CLE certificate or specialist documentation

Attorneys on the appointment list must annually submit either a certificate attesting to required juvenile-law CLE or documentation of specialist certification in juvenile law.

All attorneys on the appointment list must file a certificate with the court administration office each year attesting to completion of the required CLE or submit documentation showing that the attorney is certified as a specialist in juvenile law.

WARNINGCriminal cases

Applies to

Practice time statement

Attorneys must submit an annual statement by October 15 describing the percentage of their practice time devoted to appointed adult criminal and juvenile delinquency cases during the preceding October 1–September 30 period.

An attorney shall submit by October 15th each year a statement that describes the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in this county for adult criminal cases and juvenile delinquency cases for the prior 12 months that begins on October 1 and ends on September 30.

WARNING

Applies to

Proposed jury questions and instructions or findings conclusions

This document should be exactly as it would be presented to a jury without signature blocks for the Judge for granting, denying or modifying any requests.

This document should be exactly as it would be presented to a jury without signature blocks for the Judge for granting, denying or modifying any requests.

WARNINGCriminal cases

Applies to

Affidavit of surety to surrender

The affidavit of surety must identify whether the defendant's attorney was notified and, when applicable, provide the attorney's name, notice method, and notice date or state that no attorney exists.

6. Notice has been given to the defendant's Attorney: ☐ Yes ☐ No ☐ No attorney Attorney Name: ________________________ By: CMRRR ________________________, email, or fax on ________________________ (date)

WARNING

Applies to

Agreed order

Must include

proposed order

The Court may consider agreed motions without a hearing, and an agreed order must be signed by all parties to be treated as agreed.

The Court will consider agreed motions without the need for a hearing. The party can request the Clerk's office to bring the file with the motion to the Judge's office. All Agreed Orders must be signed by all parties for the Court to consider it 'agreed.'

WARNINGCivil cases

Applies to

Itemized time statement

Time must be recorded in 0.10-hour increments, and additional pages may be attached if necessary.

Billing increments are 0.10 of an hour (attach additional pages if necessary).

INFOCivil cases

Applies to

Fixed fee sheet

A Fixed Fee sheet may be submitted at any time when the attorney seeks only amounts characterized as presumptively reasonable and necessary Fixed Fees.

If the attorney only seeks amounts characterized as presumptively reasonable and necessary Fixed Fees in the fee schedule, a Fixed Fee sheet can be submitted at any time.

INFO

Applies to

Summarized requested relief

Each side should provide the court with its Summarized Requested Relief at the beginning of a temporary order hearing or final trial.

At a temporary order hearing and final trial, each side should provide the Court a copy of their Summarized Requested Relief at the beginning of the hearing or trial.