County-Level Court Civil Suits and Actions. Part IV

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1 THE UNIVERSITY OF TEXAS SCHOOL OF LAW Presented: 2015 County and District Clerks Legal Education Program April 29-May 1, 2015 San Marcos, Texas County-Level Court Civil Suits and Actions Part IV Theodore L. Wood Continuing Legal Education

2 County-Level Court Civil Suits and Actions Prepared by the Office of Court Administration (OCA) Effective January 1, 2014 I. Independent Civil Suits A. General Suits 1. Civil Suit (General) Condemnation Proceeding (Eminent Domain Suit) Delinquent Tax Suit Foreign Judgment Fraudulent Lien Suit Petition for Non-Disclosure Transfer of Suit from Other County Motion for Judicial Review of Lien/Claim Documentation Garnishment After Judgment...11 B. Family-Law Suits 1. Adoption of Adult Adoption of Child Annulment or Suit to Declare Marriage Void (Involving Children) Annulment or Suit to Declare Marriage Void (Not Involving Children) Divorce (Involving Children) Divorce (Not Involving Children) Emancipation of Minor / Name Change / Other Family Code Title 2 Suits Foreign Judgment Petition for Qualified Domestic Relations Order (QDRO) Protective Order Application Suit Affecting Parent-Child Relationship (SAPCR) Suit to Enforce Divorce Decree Termination of Parental Rights Transfer of Suit from Other County Not a SAPCR Transfer of Suit from Other County SAPCR UIFSA Suit (Uniform Interstate Family Support Act) Minor s Application for Order Authorizing Abortion w/out Parental Notice...28 C. Probate Suits 1. Original Probate or Guardianship Mental Health Case

3 II. Actions Within Independent Civil Suits A. General Actions 1. Contempt Action (Motion for Contempt) Counterclaim, Cross-Action (Cross-Claim) Intervention, Motion for New Trial, Third-Party Petition Interpleader...34 B. Family-Law Actions 1. Administrative Writ of Income Withholding Contempt Action (Motion for Contempt) SAPCR Contempt Action (Motion for Contempt) Not SAPCR Counterclaim, Cross-Action (Cross-Claim) Intervention Motion for Enforcement (Motion to Enforce) Motion for Modification (Motion to Modify) (Suit for Modification) Motion for New Trial Motion to Revoke a Stay of License Suspension Motion to Transfer Venue SAPCR Notice of Application for Judicial Writ of Withholding Petition for License Suspension Request for Modified or Terminated Writ of Withholding Third-Party Petition Interpleader Copy of Writ of Income Withholding to Subsequent Employer Copy of Judicial Writ of Income Withholding to Subsequent Employer...51 C. Probate Actions 1. Adverse Probate Action Inventory and Appraisement On Time Inventory and Appraisement Delayed Annual or Final Account Application for Sale of Property Annual or Final Report of the Guardian of a Person Lengthy Delayed Probate Document Claim Against Estate

4 I.A.1. Civil Suit (General) Fee Type Fee I. Statewide Required Filing Fees (Set Amounts) (1) Clerk s Fee (Original Civil Suit) $40.00 (13) Records Management and Preservation Fee 5.00 (14) Judicial Support Fee in County-Level Court other than Statutory Probate Court (16) Additional Judicial Support Fee in Statutory County Court other than Stat. Prob. Ct (17) Basic Civil Legal Services for Indigents Fee (21) *Statewide E-Filing Fee II. Statewide Required Filing Fees (Varying Amounts) (25) Court Record Preservation Fee 0.01 to (27) Law Library Fee 0.01 to IV. Statewide Optional Filing Fees (Varying Amounts) (29) Courthouse Security Fee 0.01 to 5.00 (30) Alternative Dispute Resolution (ADR) Fee 0.01 to (35) County Clerk Insurance Contingency Fund Fee 0.01 to 5.00 (36) District Clerk Insurance Contingency Fund Fee 0.01 to 5.00 V. Required Filing Fees in Certain Counties (Set Amounts) (37) Additional Judicial Support Fee in Constitutional County Court (39) General Court Reporter Fee (40) El Paso County Court Reporter Fee (41) Appellate Judicial System Fee (Districts 2, 3, 6, 7, 8, 9, 12) 5.00 (42) Comal County Juvenile Placement Fee 4.00 VI. Required Filing Fees in Certain Counties (Varying Amounts) (43) Appellate Judicial System Fee (Districts 1, 4, 5, 13, 14) 0.01 to 5.00 VII. Optional Filing Fees in Certain Counties (Set Amounts) (46) Appellate Judicial System Fee (11) 5.00 VIII.Optional Filing Fees in Certain Counties (Varying Amounts) (47) Bexar County Civil Court Facility Fee 0.01 to (48) Dallas County Civil Court Facility Fee 0.01 to (49) Hays County Civil Court Facility Fee 0.01 to (50) Rockwall County Civil Court Facility Fee 0.01 to (51) Travis County Civil Court Facility Fee 0.01 to (52) Webb County Security Fee 0.01 to Total Filing Fees $ to $ Special Notes: (a) Fee 21 may be waived by the court if the plaintiff is indigent. (b) Fees 27, 29 and 52 are not to be assessed if the plaintiff is the clerk s county. (c) Fee 29 is not due at the time of filing if the plaintiff is the State of Texas, or a political subdivision of the State. The fee is to be taxed and collected as costs against the nonprevailing party at the conclusion of the case. (d) Fees 39 and 40 are only to be assessed if the court has an official court reporter. (e) In Court of Appeals Districts 2, 6, 8, and 12, Fee 41 is not to be assessed if the plaintiff is a governmental entity. In Court of Appeals Districts 3, 7, and 9, Fee 41 is not to be assessed if the plaintiff is the clerk s county. (f) Fee 46 is not to be assessed against any governmental entity. (g) Fees are not to be assessed if the court handling the case is a constitutional county court. (h) This category Civil Suits (General) - includes all suits that are not family-law suits or probate suits and that are not otherwise listed under I.A. 3

5 I.A.2. Condemnation Proceeding (Eminent Domain Suit) Fee Type Fee I. Statewide Required Filing Fees (Set Amounts) (1) Clerk s Fee (Original Civil Suit) $40.00 (13) Records Management and Preservation Fee 5.00 (14) Judicial Support Fee in County-Level Court other than Statutory Probate Court (16) Additional Judicial Support Fee in Statutory County Court other than Stat. Prob. Ct (17) Basic Civil Legal Services for Indigents Fee (21) *Statewide E-Filing Fee II. Statewide Required Filing Fees (Varying Amounts) (25) Court Record Preservation Fee 0.01 to (27) Law Library Fee 0.01 to IV. Statewide Optional Filing Fees (Varying Amounts) (29) Courthouse Security Fee 0.01 to 5.00 (35) County Clerk Insurance Contingency Fund Fee 0.01 to 5.00 (36) District Clerk Insurance Contingency Fund Fee 0.01 to 5.00 V. Required Filing Fees in Certain Counties (Set Amounts) (37) Additional Judicial Support Fee in Constitutional County Court (39) General Court Reporter Fee (40) El Paso County Court Reporter Fee (41) Appellate Judicial System Fee (Districts 2, 3, 6, 7, 8, 9, 12) 5.00 (42) Comal County Juvenile Placement Fee 4.00 VI. Required Filing Fees in Certain Counties (Varying Amounts) (43) Appellate Judicial System Fee (Districts 1, 4, 5, 13, 14) 0.01 to 5.00 VII. Optional Filing Fees in Certain Counties (Set Amounts) (46) Appellate Judicial System Fee (11) 5.00 VIII.Optional Filing Fees in Certain Counties (Varying Amounts) (47) Bexar County Civil Court Facility Fee 0.01 to (48) Dallas County Civil Court Facility Fee 0.01 to (49) Hays County Civil Court Facility Fee 0.01 to (50) Rockwall County Civil Court Facility Fee 0.01 to (51) Travis County Civil Court Facility Fee 0.01 to (52) Webb County Security Fee 0.01 to Total Filing Fees $ to $ Special Notes: (a) Fee 21 may be waived by the court if the plaintiff is indigent. (b) Fees 27, 29 and 52 are not to be assessed if the plaintiff is the clerk s county. (c) Fee 29 is not due at the time of filing if the plaintiff is the State of Texas, or a political subdivision of the State. The fee is to be taxed and collected as costs against the nonprevailing party at the conclusion of the case. (d) Fees 39 and 40 are only to be assessed if the court has an official court reporter. (e) In Court of Appeals Districts 2, 6, 8, and 12, Fee 41 is not to be assessed if the plaintiff is a governmental entity. In Court of Appeals Districts 3, 7, and 9, Fee 41 is not to be assessed if the plaintiff is the clerk s county. (f) Fee 46 is not to be assessed against any governmental entity. (g) Fees are not to be assessed if the court handling the case is a constitutional county court. (h) A constitutional county court does not have subject matter jurisdiction to handle a condemnation (eminent domain) case. Tex. Gov t Code Ann (7) (West 2004). But a county court at law does have subject matter jurisdiction in a condemnation case if the case is otherwise within the court s monetary jurisdictional limits. See Clute Apartments 1, Ltd. v. Lorson, No CV, 2010 Tex. App. LEXIS at *4 - *8 (Tex. App. Houston [1 st Dist.] Dec. 23, 2010, no pet.). 4