Midland County District Courts
Court-Level Rules, Filing Procedures & Policies
Document Format Requirements2 rules
Video exhibits must be in mp4 format, or as directed by the Eleventh Comi of Appeals from time to time.
Audio exhibits must be in mp3 format, or as directed by the Eleventh Comi of Appeals from time to time.
Document Filing Requirements40 rules
Unless all affected attorneys and self-represented litigants consent in writing and the court approves, the request must be filed by motion under the applicable civil or criminal rule, include a Rule 4.05-compliant Certificate of Conference, and be accompanied by a proposed order setting the motion for hearing.
- Document
- Continuance motion
Must include
- •Proposed order
- •Certificate of conference
Court's wording
Unless all attorneys and self-represented litigants consent in writing to the request to pass, postpone, or reset any trial, pretrial conference, or hearing and the request 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, et seq., of the Texas Code of Criminal Procedure, as amended, as applicable. The motion must include a Certificate of Conference that complies with Rule 4.05 and be accompanied by a proposed order setting the motion for hearing.
Each motion for withdrawal must contain the attorney's certification that there are no rulings of the court that have yet to be reduced to writing and signed by the court.
An attorney making a limited appearance must file a Notice of Limited Appearance identifying the hearing, any discrete issues covered, and the client's name, address, telephone number, and email address; the notice may cover multiple hearings.
Court's wording
An attorney making a limited appearance shall file a Notice of Limited Appearance. The Notice shall state the hearing to which the limited appearance pe1iains, and, if the appearance does not extend to all issues to be considered at that hearing, the Notice shall identify the discrete issues covered by the appearance. The Notice of Limited Appearance shall also state the name, address, telephone number, and email address of the client. An attorney may file a Notice of Limited Appearance for more than one (1) hearing in a case.
When the attorney has completed a limited appearance, the attorney shall file a Notice of Completion of Limited Service advising the comi that the limited service has been completed.
A motion to substitute an attorney in a limited appearance must identify the unfinished matters assumed by the substituting attorney and be signed by both attorneys.
Court's wording
A motion to withdraw from limited representation is governed by Rule 2.06. In addition, if an attorney is substituting in a limited appearance, the motion and order must state that the substituting attorney has assumed responsibility for all matters within the scope of the withdrawing attorney's Notice of Limited Appearance that have not been completed, and it must be signed by both the withdrawing and the substituting attorney.
Exhibits that an attorney or self-represented litigant can reasonably anticipate using at a trial, pretrial conference, or hearing shall be pre marked, utilizing party designation, sequential numbers, and the date of the proceeding.
A filing that challenges the constitutionality of a Texas statute must be accompanied by the Attorney General's completed form, filed simultaneously with the Clerk and promptly delivered or emailed to the Court Administrator.
Court's wording
When an attorney or self-represented litigant files a pleading or other document that challenges the constitutionality of a Texas statute, the attorney or self-represented litigant must simultaneously file with the Clerk a completed copy of the form promulgated for that purpose by the Attorney General of Texas and promptly hand deliver or email a copy of that form to the Court Administrator.
An attorney or self-represented litigant shall provide a list of the attorney's or self-represented litigant's exhibits to the court and to each attorney and self-represented litigant prior to the proceeding.
An attorney or self-represented litigant shall provide a copy of the attorney's or self-represented litigant's exhibits to the court and to each attorney and self-represented litigant prior to the proceeding.
Media coverage is permitted only on written order of the court.
Audio and visual coverage of potential jurors and jurors in the courthouse is prohibited.
A person wishing to broadcast, televise, record, or photograph a court proceeding must file a request to cover the proceeding. The request must state:
A request for a trial or pretrial conference may be made by motion accompanied by certificates of conference and service, or by oral request followed by a confirming letter served on opposing counsel.
- Document
- Motion requesting a trial or pretrial conference setting
Must include
- •Certificate of service
- •Certificate of conference
Court's wording
A party may request a setting for a trial on the merits or a pretrial conference by (i) filing with the court a motion requesting the setting, accompanied by a Certificate of Conference as required by Rule 4.05 and a Certificate of Service on opposing counsel or (ii) orally requesting the court to schedule the hearing and confirming the setting by letter addressed to the court, a copy of which shall be served on opposing counsel is accordance with Rule 21a of the Texas Rules of Civil Procedure.
Counsel presenting an application for an ex parte order shall, at the time the application is presented to the court, certify in writing that:
Each Pleading shall include a Certificate of Conference signed by counsel as follows:
- Document
- Motion or other pleading
Must include
- •Certificate of conference
The Comi Administrator shall not schedule a hearing on a Pleading unless a Certificate of Conference complying with this Rule has been filed.
- Document
- Hearing on pleading
Must include
- •Certificate of conference
When counsel did not confer on the pleading's merits, the Certificate of Conference must state the dates and times of attempted conferences, the attorney contacted, unsuccessful attempts, and submission for determination.
Court's wording
b. If counsel did not confer regarding the merits of the Pleading, the Ce1iificate of Conference shall include the following: 1. the date and time of each attempt to confer; 2. the name of the attorney with whom counsel attempted to confer; 3. that the attempts to confer were unsuccessful; and 4. that the Pleading is therefore presented to the court for determination.
When counsel conferred on the pleading's merits, the Certificate of Conference must state the conference date, attorneys involved, coverage of all issues, lack of agreement, and submission for determination.
- Document
- Certificate of conference
- Placement
- Certificate section
Court's wording
a. If counsel conferred regarding the merits of the Pleading, the Certificate of Conference shall state the following: 1. the date of the conference; 2. the names of the attorneys who conferred; 3. that the conference included all issues raised in the Pleading; 4. that agreement could not be reached; and 5. that the Pleading is therefore presented to the comi for determination.
Any motion, response, reply, brief, opposition, or memorandum that is twenty (20) or more pages long must contain a table of contents.
- Document
- Motion, response, reply, brief, opposition, or memorandum
Must include
- •Table of contents
Any motion, response, reply, brief, opposition, or memorandum that is ten (10) or more pages long must begin with a summary of the argument.
Within seven days after a bankruptcy proceeding concludes, the debtor's attorney must provide written notice to the court and file the concluding order or judgment.
Court's wording
Within seven (7) days of the conclusion of the bankruptcy proceeding, the attorney for the debtor shall notify the court in writing that the bankruptcy proceeding has concluded and file a copy of the order or judgment concluding the bankruptcy proceeding so that the court can determine whether to reinstate its case on its active docket, dismiss that case, or seek additional information.
Counsel shall file proposed judgments, decrees, and orders with the associated motion or other request for relief, or provide their proposed judgments, decrees, and orders to the court and counsel at the commencement of the hearing.
- Document
- Motion or other request for relief
Must include
- •Proposed order
Within thhiy (30) 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 to be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered to the court for signing.
Each party must file all payroll statements, pay stubs, W-2 forms, and 1099 forms evidencing the specified earnings periods.
Court's wording
All payroll statements, pay stubs, W-2 forms, and 1099 forms which evidence that patiy's earnings for the calendar year prior to the temporary order hearing and from January 1 of the current year through the date of the temporary hearing.
A statement of monthly income and expenses in a form substantially similar to the Financial Information Statement Form, which is available on the website of the 318th Family District Court.
If a patiy is requesting spousal maintenance, a Proposed Spousal Maintenance Calculation. If the parties are in agreement, they may instead file an Agreed Spousal Maintenance Decision Calculation.
In all cases, each party shall file and provide to opposing counsel a summary of the relief requested no later than the day of the hearing.
If the case involves a child, a Proposed Child Support Calculation. If the parties are in agreement, they may instead file an Agreed Child Support Calculation.
In contested cases in which temporary support of a spouse, a child, or both is in issue, each party shall file and provide to opposing counsel the following no later than the day of the hearing:
Each party must file its federal income tax returns for the two preceding calendar years and must also file the other party's returns if the party possesses them.
Court's wording
Copies of that party's federal income tax returns for the two (2) calendar years prior to the temporary hearing. A party who has copies of the other party's federal income tax returns for the two (2) calendar years prior to the temporary hearing shall also file copies of those returns.
In contested child custody cases, each party shall file (and deliver to opposing counsel prior to the final hearing) a Proposed Parenting Plan.
When property or debts are in issue, each party must file a sworn inventory and appraisement at least 30 days before the final hearing.
Court's wording
In all cases in which the character, value, or division of property or debts is in issue, the petitioner and the respondent shall file at least thirty (30) days prior to the final hearing a Sworn Inventory and Appraisement of all separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties signed by the party under oath in a form substantially similar to one of those found on the website of the 318th Family District Court.
The petitioner shall also file a Composite Inventory and Appraisement at least fourteen (14) days prior to the final hearing.
In contested property cases, each party shall file (and provide a copy to opposing counsel prior to the final hearing) a Proposed Property Division signed by the patiy. If the parties are in agreement, they may instead file an Agreed Property Division signed by both parties.
Each party completing the course shall file a certificate of completion with the court within thirty (30) days of completion of the course, or at the time of that party's next comi appearance, whichever is sooner.
The request shall be filed with the Clerk, with a copy delivered to the Court Administrator, all attorneys of record, and all self-represented litigants.
A party may request other hearings by (i) submitting a proposed Order Setting Hearing to the Court Administrator or (ii) requesting a hearing from the Court Administrator and promptly submitting a proposed Order Setting Hearing to the Court Administrator.
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 (10) days from the date of the letter.
- Document
- Proposed judgment decree or order
Include
- •Proposed order
If the parties are in agreement, they may instead file an Agreed Composite Inventory and Appraisement signed by the patiies under oath.
Any product of media coverage of a proceeding pursuant to this Rule shall not be considered a part of the official court record.
Filing & Service rules
Electronic Filing Rules
An attorney may e-file a letter in the District Clerk's attorney vacation file to designate continuing-legal-education and vacation days.
Each attorney may designate days for continuing legal education and for vacations by e-filing a letter with the District Clerk in the attorney vacation file maintained by the District Clerk.
Page 11 | RULE 2.08 a. Vacations of Attorneys
Filing Timing and Cure Windows
Within three business days after a bankruptcy filing, the party's attorney must provide written notice to the court and all attorneys containing the specified party, filing, bankruptcy-court, and debtor-attorney information.
Within three (3) business days of the date of the filing, provide written notice to the court and all attorneys of the filing, including the name of the party filing for bankruptcy protection, the date of the filing, the name and address of the court in which the filing was made, tlie case number and style in the bankruptcy court, and the name, address, telephone number, and email address of the attorney for the debtor.
Page 21 | RULE 4.07 NOTIFICATION OF BANKRUPTCY
The debtor's attorney must notify the court in writing and file the concluding bankruptcy order or judgment within seven days after the bankruptcy proceeding concludes.
Within seven (7) days of the conclusion of the bankruptcy proceeding, the attorney for the debtor shall notify the court in writing that the bankruptcy proceeding has concluded and file a copy of the order or judgment concluding the bankruptcy proceeding so that the court can determine whether to reinstate its case on its active docket, dismiss that case, or seek additional information.
Page 21 | RULE 4.07 NOTIFICATION OF BANKRUPTCY
Counsel must reduce a judgment, decree, or order to writing, obtain opposing counsel's approval as to form, and deliver it to the court for signing within 30 days after the triggering event.
Within thhiy (30) 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 to be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered to the court for signing.
Page 22 | RULE 4.09 JUDGMENTS, DECREES, AND ORDERS
The attorney for a deceased party must file a suggestion of death within seven days after learning of the death.
Within seven (7) days of learning of the death of a party, the party's attorney shall file a suggestion of death.
Page 22 | RULE 4.08 SUGGESTION OF DEATH
The certificate of completion is due within 30 days after course completion or at the party's next court appearance, whichever is sooner.
Each party completing the course shall file a certificate of completion with the court within thirty (30) days of completion of the course, or at the time of that party's next comi appearance, whichever is sooner.
Page 27 | RULE 5.04 CHILD SUPPORT SERVICES
Service and Proof of Service Rules
When no substitute attorney will be used or the party does not consent, the withdrawing attorney must notify the client in writing at least ten days before the requested withdrawal order; notice must be sent by certified mail, return receipt requested, and also by email if the client provided an email address.
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 or for substitution, 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 (10) days following the date of such notice. Notice shall be sent to the client by certified mail, return receipt requested. If the client has provided the attorney with an email address, notice shall also be sent to the client by email.
Page 9 | RULE 2.06 WITHDRAWAL AND SUBSTITUTION OF COUNSEL
A party represented by an attorney filing a Notice of Limited Appearance must be served at the party's address listed in that notice.
Service on a party shall be at the address listed for the pmiy in the Notice of Limited Appearance.
Page 11 | RULE 2.01 f. Responsibilities of Opposing Counsel Regarding Service
Matters outside the scope of a Notice of Limited Appearance must be served on the represented party rather than only on the attorney.
When service is required or permitted to be made on a party represented by an attorney who has filed a Notice of Limited Appearance, service regarding matters outside the scope of the Notice of Limited Appearance must be made on the party.
Page 11 | RULE 2.01 f. Responsibilities of Opposing Counsel Regarding Service
Service on an attorney concerning matters outside that attorney's limited appearance is ineffective as service on the represented party.
Service on an attorney regarding matters outside the scope of the attorney's Notice of Limited Appearance is not effective service on that party.
Page 11 | RULE 2.01 f. Responsibilities of Opposing Counsel Regarding Service
A party submitting a proposed judgment, decree, or order for signature must serve the proposal and an additional document described in the source.
Each party who submits a proposed judgment, decree, or order for signature shall serve the proposed judgment, decree, or order and a copy of the
Page 22 | RULE 4.09 JUDGMENTS, DECREES, AND ORDERS
An application for a temporary order and notice of a temporary hearing seeking affirmative relief must be served on the adverse party under Texas Rules of Civil Procedure 5 and 21a.
An application to the court for a temporary order and notice of any hearing for temporary orders in which that party is seeking affirmative relief shall be served on the adverse party in accordance with Rules 5 and 21 a of the Texas Rules of Civil Procedure, as amended.
Page 24 | RULE 5.01(b) NOTICE REQUIRED WHEN RESPONDING PARTY SEEKING AFFIRMATIVE RELIEF
The required client notice must also be sent by email when the client has provided the attorney with an email address.
If the client has provided the attorney with an email address, notice shall also be sent to the client by email.
Page 9 | RULE 2.06 WITHDRAWAL AND SUBSTITUTION OF COUNSEL
Filing Bundling Requirements
Before the hearing, the pleading proponent must deliver the court administrator a tabbed notebook containing the pleading and all related filings, with documents and exhibits individually identified.
The proponent of a Pleading shall, prior to a hearing on the Pleading, deliver to the Court Administrator a notebook containing the Pleading and all responses, replies, briefs, oppositions, and memoranda filed by any party in connection with the Pleading. Individual documents and exhibits shall be marked with tabs or other appropriate identifiers.
Page 20 | e. Courtesy Copies
Only discovery-request, discovery-response, and deposition-transcript pages relevant to the filing may be attached.
Only the pages from discovery requests, discovery responses, and deposition transcripts relevant to the motion, response, reply, brief, opposition, or memorandum shall be attached to the motion, response, reply, brief, opposition, or memorandum.
Page 20 | d. Use of Discovery
Pre-Motion Conference Requirements
Before filing any motion, plea, application, request, objection, or special exception, filing counsel must schedule a conference to resolve the disputed matters.
Prior to filing any motion, plea, application, request, objection, or special exception (hereafter, "Pleading"), counsel for the filing party shall schedule a conference to resolve the disputed matters.
Page 18 | RULE 4.05 MOTION PRACTICE — a. CONFERENCE REQUIREMENT
All media equipment and personnel must be in place before the proceeding begins.
All equipment and personnel shall be in place in advance of the proceeding.
Page 13 | RULE 2.12 RECORDING AND BROADCASTING OF COURT PROCEEDINGS — c. Equipment and Personnel
In rare exigent circumstances when a conference is not practicable, counsel must explain the exigency, confer promptly after filing, and file an amended Certificate of Conference.
In the rare exigent circumstances in which the conference requirement is not practicable, counsel filing the Pleading shall (i) explain the exigency in the Certificate of Conference, (ii) confer as required by this Rule promptly after filing the Pleading, and (iii) file an amended Certificate of Conference accordingly.
Page 19 | 4. Exigent Circumstances
The conference requirement does not apply to requests for ex parte relief.
a. Requests for Ex Parte Relief The conference requirement does not apply to requests for ex parte relief, which are governed by Rule 4.01.
Page 20 | 5. Exceptions to Conference Requirement — a. Requests for Ex Parte Relief
The conference requirement does not apply to voluntary motions to dismiss, nonsuit, or abandon one or more claims.
b. Voluntary Dismissals and Abandonments The conference requirement does not apply to a party's motion to dismiss, nonsuit, or abandon one or more of that party's claims voluntarily.
Page 20 | 5. Exceptions to Conference Requirement — b. Voluntary Dismissals and Abandonments
The conference requirement does not apply to pleadings seeking mandatory relief, including certain motions to confer with children age twelve or older and jury demands.
c. Pleadings Regarding Which the Relief Is Mandatory The conference requirement does not apply to Pleadings in which the relief sought is mandatory (e.g., motions to confer with children twelve (12) years of age or older, jury demands).
Page 20 | 5. Exceptions to Conference Requirement — c. Pleadings Regarding Which the Relief Is Mandatory
Adjournment & Extension Requirements
A request to pass, postpone, or reset a trial, pretrial, or other hearing requires unanimous consent or notice to and an opportunity for objecting by every nonjoining party.
No request to pass, postpone, or reset any trial, pretrial, or other hearing shall be granted unless all attorneys and self-represented litigants consent, or unless all parties not joining in such request have been notified and have had an opportunity to object.
Page 7 | RULE 2.04 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — a. Consent or Notice Required
A continuance or postponement motion that lacks the required contents or procedure will be denied without prejudice to refiling.
Any motion that does not meet these requirements will be denied without prejudice to the right to refile.
Page 8 | RULE 2.04 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — b. Contents of Motion
Chambers Communication Rules
When a party files for bankruptcy protection, the party's attorney must immediately notify the Court Administrator by telephone.
Immediately notify the Comt Administrator by telephone; and
Page 21 | RULE 4.07 NOTIFICATION OF BANKRUPTCY
A party filing one of the listed post-trial pleadings must promptly give the trial judge notice by hand-delivering or emailing a copy to the Court Administrator after filing.
A party filing one or more of the following post-trial pleadings shall give notice to the trial judge by hand-delivering or emailing a copy of the filing to the Court Administrator promptly after it is filed: a. Request for Findings of Fact and Conclusions of Law (TEX. R. Crv. P. 296); b. Notice of Past Due Findings of Fact and Conclusions of Law (TEX. R. Crv. P. 297); c. Request for Additional or Amended Findings of Fact and Conclusions of Law (TEX. R. CIV. P. 298); d. Request for Preparation of the Court Reporter's Record (TEX. R. APP. P. 34.6); or e. An affidavit of indigency filed in connection with an appeal (TEX. R. APP. P. 20.1).
Page 23 | RULE 4.10 NOTICE TO TRIAL JUDGE OF POST-TRIAL PLEADINGS
A copy of an attorney's vacation or continuing-education designation letter must be emailed to the Court Coordinator of each court where the attorney has pending cases.
A copy of the letter shall also be emailed to the Court Coordinator in each court in which the attorney has cases pending.
Page 11 | RULE 2.08 a. Vacations of Attorneys
The District Attorney and defense counsel must notify the Court Administrator of a plea agreement, after which the administrator schedules the plea hearing.
The District Attorney and counsel for the defendant shall notify the Court Administrator of a plea agreement and the administrator will schedule the plea hearing.
Page 14 | RULE 3.02 SCHEDULING OF PLEAS