Form 61-16

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Declaratory Judgment

On [date] the Court heard Petitioner’s Petition for Declaratory Judgment.

Appearances

Jurisdiction

The Court, after examining the record and the evidence and argument of counsel, finds that it has jurisdiction over the subject matter and the parties in this case. All persons entitled to citation were properly cited.

Record

The record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].

Jury

A jury was waived, and all questions of fact and of law were submitted to the Court.

A jury was selected, questions of fact were submitted to the jury, and a verdict was returned and duly filed.

Relief Granted

IT IS ORDERED as follows:

Attorney’s Fees

IT IS ORDERED that good cause exists to award [name of attorney] judgment in the amount of [number] dollars ($[amount]) for reasonable attorney’s fees, expenses, and costs incurred by [name of party], with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid. The judgment, for which let execution issue, is awarded against [name of petitioner/respondent], [Petitioner/Respondent].

IT IS FURTHER ORDERED that [name] is awarded a judgment of [number] dollars ($[amount]) against [name] for attorney’s fees on appeal for the benefit of [his/her] attorney, [name]. The judgment shall bear interest at [percent] percent per year compounded annually from the date the award is made final by the appropriate appellate court’s judgment, for which let execution issue.

IT IS FURTHER ORDERED that the judgment of attorney’s fees on appeal rendered against [name] is conditioned on [his/her] pursuit of an ultimately unsuccessful appeal.

IT IS ORDERED that [name] shall be entitled to a remittitur of [number] dollars ($[amount]) if a petition for review is granted by the Supreme Court of Texas but oral argu­ment is not granted.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if briefing on the merits is not requested by the Supreme Court of Texas.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if a responsive brief to the petition for review is not requested by the Supreme Court of Texas.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if a petition for review is not filed with the Supreme Court of Texas.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if there is no oral argument in the court of appeals.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if an appellate brief is not filed with the court of appeals.

IT IS ORDERED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if an appeal is not perfected to the court of appeals.

Costs

All costs of court in this case are adjudged against [name], for which let execution issue.

IT IS ORDERED that [Petitioner/Respondent], [name], is awarded a judgment of [num­ber] dollars ($[amount]) against [Respondent/Petitioner], [name], for costs of court incurred in this case, with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid, for which let execution issue.

IT IS ORDERED that costs of court are to be borne by the party who incurred them.

IT IS ORDERED that all costs of court expended in this case are taxed one-half against Petitioner, [name], and one-half against Respondent, [name], for which let execution issue.

Merger of [Mediated/Collaborative Law/Informal] Settlement Agreement

This order is stipulated to represent a merger of a [mediated/collaborative law/informal] settlement agreement dated [date] between the parties. To the extent there exist any differ­ences between the [mediated/collaborative law/informal] settlement agreement and this order, this order shall control in all instances.

[Discharge from] Discovery Retention Requirement

IT IS ORDERED that the parties and their respective attorneys are discharged from the requirement of keeping and storing the documents produced in this case in accordance with rule 191.4(d) of the Texas Rules of Civil Procedure.

IT IS ORDERED that any persons required to serve discovery materials shall maintain, for a period of [number] months after this order is signed, the originals or exact copies of all discovery materials produced during the pendency of this matter and not filed with the Court. If an appeal is begun within that [number]-month period, IT IS FURTHER ORDERED that the discovery materials shall be maintained while the appeal is pending.

Relief Not Granted

IT IS ORDERED that all relief requested in this case and not expressly granted is denied. All other terms of the prior orders not specifically modified in this order shall remain in full force and effect.

Date of Order

SIGNED on ________________________________.

This order judicially PRONOUNCED AND RENDERED in court at [city, county] County, Texas, on [date] and further noted on the court’s docket sheet on the same date, but signed on ___________________________________.

   
JUDGE PRESIDING

APPROVED AS TO FORM ONLY:

   
[Name]
Attorney for Petitioner
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

   
[Name]
Attorney for Respondent
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:

   
Petitioner

   
Respondent