Court Rules
Common questions about Judge David Hittner's rules

Are courtesy copies required for Judge David Hittner?

Courtesy copies are required for pleadings. Details: 1 copy, delivery upon filing, by hand delivery. Courtesy copy to chambers required for pleadings filed within 5 days of a scheduled motion hearing.

View ruleSource: page 10, section MOTION PRACTICE

What page or word limits apply to brief before Judge David Hittner?

Judge David Hittner's rule states these limits: 20 pages. Memoranda and briefs filed in court are limited to 20 pages.

View ruleSource: page 10, section MOTION PRACTICE

What page or word limits apply to summary before Judge David Hittner?

Judge David Hittner's rule states these limits: 3 pages. Summaries accompanying memoranda over 15 pages are limited to 3 pages.

View ruleSource: page 10, section MOTION PRACTICE

What formatting rules apply to filings before Judge David Hittner?

Judge David Hittner's formatting rule includes 14 point type, double spacing and margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches. All pleadings filed after the original complaint must be double-spaced, with at least 1-inch margins and 14-point font.

View ruleSource: page 10, section MOTION PRACTICE

What must be included with certificate of service filings before Judge David Hittner?

The rule requires certificate of service. Defendants removing cases from state court must file a Certificate of Service with the Clerk of this Court.

View ruleSource: page 1, section To Counsel for Plaintiff or Defendant Removing Case

What must be included with joint pretrial order filings before Judge David Hittner?

The rule requires signature block and exhibit list. Joint Pretrial Orders must include specified attachments and be signed by all counsel.

View ruleSource: page 8, section PRETRIAL PROCEDURES

How may parties contact Judge David Hittner's chambers?

Parties may contact Judge David Hittner's chambers by letter fax only as allowed by the rule. Substantive legal issues must be filed as pleadings with the Clerk, not in letters to the Court.

View ruleSource: page 10, section MOTION PRACTICE

How do I request an adjournment or extension before Judge David Hittner?

Judge David Hittner's rules specify what an adjournment or extension request must include. The request must include reason for request. Trial continuances are only granted for exceptional circumstances; agreed continuance motions are not binding, and continuances for witness unavailability are prohibited.

View ruleSource: page 7, section TRIAL CALENDAR

Does Judge David Hittner require motion papers to be bundled?

Yes. Judge David Hittner requires bundling for covered papers. Memoranda exceeding 15 pages must be bundled with a concise summary of no more than 3 pages.

View ruleSource: page 10, section MOTION PRACTICE

When is a filing treated as filed before Judge David Hittner?

The rule addresses filing timing, filing status, or cure windows. Motions for reinstatement after settlement-related dismissal must be filed within 90 calendar days with proof of settlement approval inability.

View ruleSource: page 8, section TRIAL CALENDAR

What rule applies to service for order before Judge David Hittner?

Proof of service is not required by this specific service rule. Details: recipient: the opposing party. Plaintiffs must serve the Order for Conference and Disclosure of Interested Parties on defendants along with the summons and complaint.

View ruleSource: page 1, section To Counsel for Plaintiff or Defendant Removing Case
Complete rules summary for Judge David Hittner

Contingent jury instructions must be clearly marked as contingent and placed in brackets.

Plaintiffs must serve the Order for Conference and Disclosure of Interested Parties on defendants along with the summons and complaint.

Defendants removing cases from state court must serve the Order for Conference and Disclosure of Interested Parties on all other counsel.

Defendants removing cases from state court must file a Certificate of Service with the Clerk of this Court.

In removed actions, service of Court’s Order, Docket Control Order, and Court Procedures must be by certified mail on counsel of record and unrepresented parties.

Certificate of Service in Removed Action must include compliance certification, date of service, certified mail method, list of documents served, and attorney signature.

Trial continuances are only granted for exceptional circumstances; agreed continuance motions are not binding, and continuances for witness unavailability are prohibited.

Motions for reinstatement after settlement-related dismissal must be filed within 90 calendar days with proof of settlement approval inability.

Agreed final judgments must be submitted to the court for approval by the end of the 90-day settlement period.

Joint Pretrial Orders must include specified attachments and be signed by all counsel.

A single set of proposed jury instructions agreed to by all counsel must be submitted, preferably in final form.

Disputed jury instructions must be marked in bold/italics/colors, labeled with the requesting party and supporting authority.

Motions for extension of discovery must be filed before the discovery deadline.

Memoranda and briefs filed in court are limited to 20 pages.

Memoranda exceeding 15 pages must be bundled with a concise summary of no more than 3 pages.

Summaries accompanying memoranda over 15 pages are limited to 3 pages.

Exhibits referenced in briefs, and unpublished/non-Texas state cases not on Westlaw/Lexis must be attached to the brief or pleading.

Substantive legal issues must be filed as pleadings with the Clerk, not in letters to the Court.

All pleadings filed after the original complaint must be double-spaced, with at least 1-inch margins and 14-point font.

Courtesy copy to chambers required for pleadings filed within 5 days of a scheduled motion hearing.

Judge’s staff will not accept messages for counsel, and use of telephones in chambers is prohibited.

Pleadings submitted during trial must be presented in duplicate (original for filing, copy for court) to the Case Manager.

Exhibits must be marked with the offering party's name, case number, and exhibit number.

Courtesy copies of exhibits must be assembled in loose-leaf notebooks with tabs, labeled covers, max 3-inch depth, with 2 copies due at trial.

The Final Joint Pretrial Order must include a list of all exhibits to be offered.

Final revised exhibit list and witness list must be submitted to the case manager at the time of trial.

Deposition exhibits in non-jury trials must have a summary of intended proof and designated portions with line/page numbers attached.

Posttrial Briefs must be limited to specific questions assigned by the Court during or after trial.

The Final Joint Pretrial Order must include proposed Findings of Fact, Conclusions of Law (in duplicate), and a Memorandum of Law or Pretrial Brief.

Deposition objections must be filed in advance of trial, with rulings before deposition is read.

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