Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy • With Filing
Adjournments
- A continuance request made with a not-ready announcement must state specific reasons and be presented in a detailed, proper motion.
- A criminal pretrial hearing may be continued only on a written motion filed before the hearing; first-setting or agreed continuances are barred unless Chapter 29 permits them.
- A continuance to a later plea setting will be considered only if Chapter 29 authorizes it or the specified joint resetting order requirements are met.
- +2 more
Request must include
- Agreed, first, and automatic continuances or passes are not allowed; a specific continuance motion must be presented at least 10 days before the hearing or trial and must include detailed information if based on a scheduling conflict.
Document Format Requirements16 rules
Objections (which must be in writing) to any discovery or proposed exhibits;
This inventory shall list each item of property and each debt, with the value of that item shown to the right of the property description.
After each party=s sworn inventory and appraisement has been filed, the parties shall file a composite inventory and appraisement in a form substantially similar to that on the Court's website.
In the even that a case is on appeal and the Court of Appeals cannot open an exhibit that was admitted, the sponsoring party that offered the exhibit will be responsible for providing the Court Reporter with the exhibit in an acceptable format.
IT IS FUTHER ORDERED that all oversized or enlarged exhibits shall be accompanied by 8-1//2 x 11 copies, with a marked exhibit sticker on the front, which the Court Reporter shall retain for the record on appeal.
Video files may not exceed 5 GB in any single file.
IT IS FURTHER ORDRED that audio exhibits may not exceed 100 MB in any single file.
Formatting
- •An audio exhibit may not exceed 100 MB in any single file
Any exhibits that the party desires to utilize in an oversized form shall be an exact replica of the exhibit that was admitted.
IT IS FURTHER ORDERED that each computer file of a text document must be submitted in text searchable Portable Document Format (PDF), compatible with the latest version of Abode Reader. The computer file must not be password protected, encrypted, or protected by rights management.
- File type
- Text document
All scanned exhibits shall be made searchable using optical-character-recognition (OCR) software, such as Abode Acrobat.
Divided media files must be labeled on the exhibit exterior and in the media-device file name using the stated format.
Court's wording
and shall be labeled (both on the outside of the exhibit and the file name on the media storage device) with the following format as an example: "Exhibit _ _--Defendant Smith Statement- lof2"
Admitted audio or video media may contain only the segments offered as exhibits, which must be copied to separate media when needed.
Court's wording
Further, only segments offered as an exhibit can be on the audio or video media admitted as an exhibit; e.g., for a disc of jail phone calls with 50 calls, if only certain calls are being offered, then only those calls to be offered should be copied onto a separate disk and the separate disk offered as an exhibit.
In the event that the audio or video file exceeds these size limits, the file shall be divided into separate files that do not exceed the stated limits
The sponsoring party must ensure media exhibits are in a format accepted by the appropriate Court of Appeals and convert them if necessary.
Court's wording
Effective immediately, the following order shall apply to all parties when seeking to introduce an audio, video, CD, DVD, or other electronic media storage devices. The Court ORDERS that the sponsoring part of such media exhibits shall ensure that it is in a formal that may be uploaded and accepted by the appropriate Court of Appeals applying its guidelines at the time of the admission of the exhibit. In the event that the exhibit is not in a format acceptable to the appropriate Court of Appeals, the sponsoring party shall convert the item to an acceptable format.
The oversized or enlarged exhibit shall only be utilized for demonstrative purposes to the fact finder; however, the 8-1/2 x 1 lcopy will become the official exhibit for record purposes.
All mail shall be properly addressed and have adequate postage affixed.
Formatting
- •Mail must be properly addressed and have adequate postage affixed
Document Filing Requirements59 rules
Pro se litigants are required to provide contact in formation in Rule 57 of the Texas Rules of Civil Procedure
A setting request must identify the type and estimated duration of the proceeding, disclose unresolved discovery or pretrial matters, and certify delivery to opposing counsel and pro se parties.
Court's wording
The request shall: (a) Advise that the case is either a hearing, a non-jury trial or a jury trial and state the estimated time of the entire hearing, non-jury trial or jury trial; (b) Advise which, if any, discovery and other pretrial matters remain unresolved; and ( c) Certify that a copy of the request has been delivered to all opposing counsel and pro se parties.
Any motion omitting such certificate shall not be set for hearing until such certification has been filed.
Counsel shall see that the District Clerk has the file and the docket sheet at the bench before the time set for hearing.
All motions shall contain a certificate by the party filing the same that efforts to resolve the dispute without Court intervention have been attempted and failed.
(I) In a civil case, a statement that the announcing party has made a bona fide offer of settlement that has been rejected and that all reasonable efforts to settle have been attempted,
All announcements of "not ready" must state specific reasons therefore and shall be accompanied by a detailed and proper motion for continuance.
Written announcements of "ready" or "not ready" must be made by each attorney in charge in each case and received by the District Court Coordinator at least ten (I 0) full days prior to the first day of the jury term.
A written ready announcement must estimate trial length, confirm that pretrial matters and requirements are complete, and certify the signer’s role and the truth of the information.
Court's wording
All written announcements of "ready" shall contain the following information: (ii) An estimate of the time required for trial, (iii) A statement that all pretrial matters have been disposed of and that all pretrial orders and the Local Rules have been complied with. (iv) A certificate that the person signing the announcement is the attorney in charge of the case and that the information set out therein is true.
Within three days after an indictment is returned, the District Attorney must furnish the Coordinator a list identifying the affected pending cases, each accused’s custody or bail status, and the names and addresses of the accused, attorney, and bondsman.
Court's wording
After an indictment is returned, the District Attorney shall, within three (3) days thereafter furnish the District Court Coordinator with a list of all pending criminal cases in each county that have been indicted at the session of the Grand Jury in which the indictment was returned, indicating whether the accused is in custody, is free on bail or is a fugitive. Each such list shall contain the names and address of the accused, his or her attorney and his or her bondsman.
Each defendant and counsel, if any, shall appear in person for arraignment unless prior to the date set for arraignment, counsel has appeared of record by filing a written waiver of arraignment.
Each surety on a defendant=s bail bond shall be responsible for the appearance of the defendant at arraignment and shall provide the defendant=s email address to the Court prior to his or her first appearance.
Full completion of these forms shall be an absolute requirement before a request for appointment of an attorney by a defendant will be considered by the Court.
Plea papers must be completed and sworn before counsel and the defendant appear, except papers that must be signed in open court.
Court's wording
( c) All plea papers, except those actually required to be signed before the Judge in open court, shall be fully completed and sworn to prior to the appearance of counsel and the Defendant before the bench or within the bar of the court.
The Court may permit a plea bargain with sentencing at a later date only if it enters a written order specifying the reappearance date and plea-bargain terms.
Court's wording
(e) The Court may, at its discretion, permit the entry of a guilty plea pursuant to a plea bargain agreement which provides that the defendant will appear at a later date for sentencing, but only in those instances where the Court enters a written order setting for the specific date for re-appearance by the Defendant and the specific terms of the plea bargain.
Defense counsel shall not file discovery motions seeking material which the State is obliged to provide under the Texas Rules of Criminal Procedure unless such material has not been provided at the time of the motion.
( c) All announcements shall be addressed to the District Colllt Coordinator at the address provided in the Jury Docket Order of the Court.
(d) Attorneys must notify the Court at least seven (7) days prior to the date of jury trial if a bench warrant is necessary.
Jury-trial announcements must state whether counsel is ready or not ready and estimate the time required to try the case.
Court's wording
All counsel shall file announcements of "ready" or "not ready" shall be received by the District Court Coordinator in writing at least ten ( 10) days prior to the first day of jury term, according to the requirements of Local Rue 4.7(h); announcements shall also state an estimate of the time required to try the case.
Any matters requested by defense counsel which are not addressed or provided in a State's Disclosure document filed with the Court shall be requested by a specific, separate motion identifying each item or thing sought.
Defense counsel must comply with all motion-practice requirements, and a noncompliant motion will be treated as not filed.
Court's wording
All requirements of motion practice shall be strictly adhered to by defense counsel. Motions not complying with these Rules and governing statute shall be treated by the Court as if no motion has been filed.
Any request for modification of the requirements of an approved Scheduling Order must be in writing, approved by the Court and filed in the case.
Such an agreed order must contain a statement that all counsel and/or prose parties are familiar with the Court's Local Rules and the same must conform to the time standards of the Rules of Judicial Administration,
In all civil cases, including Family Law Cases, in which the final hearing is estimated by either counsel to require more than two hours to complete, the Court requires Mediation to be conducted by a trained mediator prior to the final hearing. Parties shall submit an order appointing an agreed-upon mediator with a final date for the completion of mediation stated.
If the parties cannot agree upon a mediator, one or more of the parties shall notify the Court of this inability and submit an order which allows the Court to appoint a mediator in the order.
All items described in the Texas Rules of Civil Procedure l 66(k) shall be presented to the Court at the Final Pretrial Conference. Failure to timely submit may be grounds for refusal of any requested pretrial question, definition or instruction or the denial of objections to the charge.
any objections to such exhibits shall be presented, in writing, at the Final Pretrial Conference.
Subpoenas for witnesses must be processed through the Office of the District Clerk using the form e-Filing Request for Issuance of a Subpoena.
shall provide a copy of such bankruptcy order
giving the name and location of the bankruptcy court, the bankruptcy cause and case number and style of the case, the date of filing and the name and address of counsel for the bankrupt.
Requests for issuance of writs, citation, citation for expedited foreclosure , any notice, precept, show cause notice or temporary restraining order shall be filed with the District Clerk using the form "E-Filing Request for Issuance" available on the Court's website.
Requests for abstracts of judgment or writs of execution must be filed with the District Clerk using the specified Court website form.
Court's wording
Requests for issuance of Abstracts of Judgment and/or Writs of Execution shall be filed with the District Clerk using the form "E-Filing Request for Issuance of Abstract of Judgment and/or Writ of Execution" available on the Court's website.
Requests for Orders of Sale shall be filed with the District Clerk using the form "e-Filing Request for Issuance for an Order of Sale" available on the Court's website.
Whether or not agreement is reached, all counsel and parties shall sign one completed temporary orders form before leaving court and file the original of that form with the District Clerk after the same is approved by the Court.
All counsel shall retain a copy of the completed form and file a copy of it with the Court with the formal Temporary Orders.
A temporary orders short form available on the Court's website and from the District Clerk=s Office shall be used in every temporary orders hearing
the party seeking such temporary orders hearing shall include the following language in the temporary orders: All parties to this action shall file with the District Clerk and serve all counsel or prose parties with a written statement accurately showing the gross income of each party hereto for the preceding three (3) calendar months and the preceding three (3) calendar years by at least the day preceding the hearing on temporary orders.
For temporary-support matters, each party must furnish specified income, tax, earnings, and financial-statement documents to the Court and opposing counsel or a pro se party.
Court's wording
(e) In all cases in which temporary support of a spouse and/or a child or children is in issue, each party shall be required to furnish to the Court and to opposing counsel or prose party: (I) A statement of monthly income and expenses similar to that available on the Court's website. (ii) Copies of that party=s federal income tax return for the two (2) calendar years prior to the temporary orders hearing; (iii) All payroll statements, pay stubs, W-2 forms, and 1099 forms which evidence the party=s earnings for the calendar year prior to the temporary orders hearing and from January I of the current year through the date of the temporary orders hearing; (iv) Copies of all financial statements filed by that party with a financial institution in the two (2) years prior to the hearing.
The required sworn inventory must itemize separate and community property, debts and liabilities, and property claimed to belong to the parties’ children.
Court's wording
(a) In all suits for the dissolution of marriage, each party shall file with the District Clerk, no later than thirty (30) days prior to the commencement of trial, a complete, itemized, sworn inventory and appraisement of all separate and community property owned or claimed by the parties to the matTiage, and all debts and liabilities owed by the parties. Any property claimed to belong to children of the marriage must also be listed in the inventory and appraisement.
After each party=s sworn inventory and appraisement has been filed, the parties shall file a composite inventory and appraisement in a form substantially similar to that on the Court's website.
An order submitted for approval that contains child-support provisions must be accompanied by a conforming medical support order.
Court's wording
Every order submitted to the Court for approval which contains provisions for child support shall be accompanied by a medical support order in conformance with the requirements of Texas Family Code Sec. 154.181, as amended
Anyone presenting an income-withholding order or writ must also submit the specified e-Filing Request to the District Clerk.
Court's wording
All persons presenting said order or writ for income withholding shall also submit an "e-Filing Request for Issuance for an Order Withholding to Employer's' to the District Clerk, available on the Court's website.
Every final order submitted to the Court for approval which contains provisions for child support shall be accompanied by an order or writ for income withholding in accordance with Chapter 158, Texas Family Code, as amended.
Counsel or a pro se party seeking deductions from gross income must prepare a statement identifying the deductions and explaining why they should be allowed.
Court's wording
Each counsel or prose party shall also prepare a written statement showing any items for which a deduction from gross income (except Social Security tax and income tax withheld) is sought, including a written statement of the reasons such deduction should be allowed by the Court.
Parties in child-support actions must file a statement of all adult parties’ gross income for the preceding three years and three months.
Court's wording
All parties in an action involving child support shall file with the Court a written statement setting forth the accurate gross income of all adult parties to the proceeding for the preceding three (3) calendar years and the preceding three (3) calendar months.
At the conclusion of all divorces/annulments (with or without children) excluding adoptions, the party submitting a decree or order to the Court must also present, at the same time, a completed form entitled Alnformation on Suit Affecting the Family Relationship (Excluding
All decrees, judgments and orders for support shall include provisions stating the manner and place of payment in compliance with the Local Rules and shall include the proper address of the SDU.
Each counsel or pro se party shall also file with the Court a written statement setting forth his calculation of the amount of child support sought to be ordered by the Court in that proceeding.
Before a contested-property final divorce hearing, counsel and each pro se party must present a document listing the requested property awards and information for calculating support.
Court's wording
Counsel for each party and each pro se party shall present to the Court prior to the final divorce hearing in which property division is contested, a document containing the following infmmation: (a) Community assets requested to be awarded to each of the respective parties; (b) Community liabilities requested to be awarded to each of the respective parties; (c) Assets or liabilities requested to be confirmed to each of the respective parties as separate property; and (d) Information for calculating support.
The Petitioner, upon presenting a signed copy of a final order for adoption to the District Clerk shall, at the same time, present a completed Certificate of Adoption.
If items are to be forwarded by the District Judge or District Court Coordinator to a District Clerk or are to be returned to the sender, then the sender shall provide an envelope of appropriate size, properly addressed with sufficient postage affixed
All changes in status, personnel or address shall be timely furnished to the District Court Coordinator by the District Attorney.
The pretrial scheduling conference may be waived by written agreement of all counsel and pro se parties, with written approval of the Court, provided an agreed scheduling order setting out the matters addressed in Rule 9.3 is provided to the Court.
Any videotapes or films not tendered as required by Rule 9.9(a) will not be permitted into evidence at trial.
Filing & Service rules
Filing Timing and Cure Windows
The District Court Coordinator must receive each written jury-term announcement at least ten full days before the term’s first day.
Written announcements of "ready" or "not ready" must be made by each attorney in charge in each case and received by the District Court Coordinator at least ten (I 0) full days prior to the first day of the jury term.
Page 5 | 4.7. Jury Dockets
Written ready-or-not-ready announcements must be received by the District Court Coordinator at least ten days before the first day of the jury term.
All counsel shall file announcements of "ready" or "not ready" shall be received by the District Court Coordinator in writing at least ten ( 10) days prior to the first day of jury term, according to the requirements of Local Rue 4.7(h);
Page 10 | 8.10. Jury Trial Settings
Counsel and pro se parties must file and present preliminary matters at scheduling, pretrial, or final pretrial conferences; they may not present them on the day of trial or during trial.
It shall be the duty of all counsel and pro se parties to file and present to the Court all preliminary matters at the scheduling, pretrial conferences and final pretrial conferences. No preliminary matters may be presented on the day of trial or during trial.
Page 11 | 9.2. Duty of Counsel
An agreed scheduling order containing the required statement must be filed with the Court before the scheduled pretrial scheduling conference.
Such an agreed order must contain a statement that all counsel and/or prose parties are familiar with the Court's Local Rules and the same must conform to the time standards of the Rules of Judicial Administration, and must be filed with Court before the date of the scheduled Pretrial Scheduling Conference.
Page 11 | 9.3. Pretrial Scheduling Conference Procedure
Final pretrial matters, including final pleadings and required discovery documents, must be filed at least seven days before the conference or earlier if required by law or Court order.
All matters, including final pleadings and required discovery documents, shall be filed at least seven (7) days prior to the date the Final Pretrial Conference is scheduled or earlier if otherwise provided by law or order of the Court and shall be served on all opposing counsel and pro se parties with a copy provided to the Court.
Page 12 | 9.6. Final Pretrial Conference
The listed matters must be presented for disposition at the Final Pretrial Conference or they are deemed waived if not properly presented.
Matters which shall be disposed of at the Final Pretrial Conference and which shall be deemed waived if not properly presented are as follows: (I) Motions in limine; (ii) Motions to suppress; (iii) All pending dilatory pleas, motions and exceptions; (iv) Objections (which must be in writing) to any discovery or proposed exhibits; (v) Approval of stipulations, including in workers= compensation cases,
Page 12 | 9.6. Final Pretrial Conference
Written notice of a bankruptcy filing must be provided to the Court and all counsel within three days of the filing.
within three (3) days of any bankruptcy filing to provide written notice to the Court and to all counsel in the case that a bankruptcy filing has occurred
Page 15 | 9.10. Bankruptcy
The required income statement must be filed with the District Clerk by at least the day before the temporary-orders hearing.
All parties to this action shall file with the District Clerk ... with a written statement accurately showing the gross income of each party hereto for the preceding three (3) calendar months and the preceding three (3) calendar years by at least the day preceding the hearing on temporary orders.
Page 16 | 10.1 Ex Parte Orders
Formal Temporary Orders must be filed with the Court within four working days after the hearing; the short form is not a substitute.
The form is not a substitute for the entry of formal Temporary Orders, which must be filed with the Court within four (4) working days after the hearing.
Page 16 | 10.2 Temporary Orders
In dissolution-of-marriage suits, each party must file a complete, itemized, sworn inventory and appraisement with the District Clerk at least 30 days before trial.
(a) In all suits for the dissolution of marriage, each party shall file with the District Clerk, no later than thirty (30) days prior to the commencement of trial, a complete, itemized, sworn inventory and appraisement of all separate and community property owned or claimed by the parties to the matTiage, and all debts and liabilities owed by the parties.
Page 17 | 11.4. Inventories
The Petitioner must initiate and forward the composite inventory to the Respondent at least 14 days before trial.
The Petitioner shall initiate the composite inventory and forward it to the Respondent for completion not less than fourteen (14) days prior to the trial.
Page 18 | 11.4. Inventories
The Respondent must complete and file the composite inventory at least 7 days before trial.
The Respondent shall complete and file the composite inventory with the Court and serve a copy of the same on Petitioner not less than seven (7) days prior to trial.
Page 18 | 11.4. Inventories
Civil discovery is governed by the applicable rules, which should be liberally construed; untimely objections will be overruled.
Discovery shall be conducted pursuant to the Texas Rules of Civil Procedure, as amended, together with all other applicable rules pertaining to discovery in civil cases. The rules of discovery should be liberally construed, but untimely objections will be overruled.
Page 12 | 9.4. Discovery
Service and Proof of Service Rules
Setting requests must be made in writing and timely delivered to the District Court Coordinator and opposing counsel or pro se parties.
Requests for settings shall be made in writing and timely delivered to the District Court Coordinator and to opposing counsel or prose parties.
Page 3 | 4.1 Setting Requests.
Immediately after an indictment is returned, the specified county officials must cause a certified copy to be served on the accused.
Immediately following the return of an indictment, the District Clerk, Dist1ict Attorney and Sheriff of the pertinent County shall cause a ce11ified copy thereof to be served on the accused.
Page 7 | RULE 8. CRIMINAL CASES — 8.1. Service of Indictments
Final pretrial matters must be served on all opposing counsel and pro se parties at least seven days before the conference, or earlier if required by law or Court order.
All matters, including final pleadings and required discovery documents, shall be filed at least seven (7) days prior to the date the Final Pretrial Conference is scheduled or earlier if otherwise provided by law or order of the Court and shall be served on all opposing counsel and pro se parties with a copy provided to the Court.
Page 12 | 9.6. Final Pretrial Conference
Exhibits must be exchanged according to the Scheduling Order or, if there is none, no later than three days before the Final Pretrial Conference.
All exhibits, including filings required by the Texas Rules of Evidence, shall be exchanged with all parties as ordered by the Scheduling Order in the case, or, if no scheduling order was issued, then such exhibits shall be exchanged not later than three (3) days prior to the Final Pretrial Conference;
Page 13
The proffering attorney must serve opposing counsel with page-and-line designations for any further deposition excerpts no later than seven days before the Final Pretrial Conference.
The proffering attorney shall then serve opposing counsel with page and line designations of any p01tion of the videotape deposition he or she further intends to introduce at trial not later than 7 days prior to the Final Pretrial Conference.
Page 14 | 9.9. Videotapes and Films
Opposing counsel must serve the proffering attorney with page-and-line designations for intended deposition excerpts no later than 10 days before the Final Pretrial Conference.
Opposing counsel shall then serve the proffering attorney with page and line designations of any portion of the videotaped deposition he or she intends to introduce at trial not later than 10 days prior to the Final Pretrial Conference.
Page 14 | 9.9. Videotapes and Films
Parties and counsel must timely examine tendered videotapes or films and notify the Court and opposing counsel of any admissibility objections.
All parties and counsel must timely examine any tendered videotapes or films and notify the Court and opposing counsel of any objections to the admissibility of any part of the videotape or film.
Page 14 | 9.9. Videotapes and Films
Unless the parties agree in writing or the Court orders otherwise, counsel offering videotapes or films at trial must make them available to opposing counsel and serve deposition page-and-line designations at least 14 days before the Final Pretrial Conference; the rule excludes material offered solely for impeachment.
Unless otherwise expressly agreed upon by the parties in writing or order by the Comt, counsel intending to offer videotaped depositions or other films or videotapes at trial, except those offered solely for impeachment, must make such videotapes and films available to opposing counsel and serve opposing counsel with page and line designations for videotaped depositions, not later than 14 days prior to the Final Pretrial Conference.
Page 14 | 9.9. Videotapes and Films
An application for a temporary order and notice of its hearing 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 thereon shall be served on the adverse party in accordance with Rule 5 and Rule 21a of the Texas Rules of Civil Procedure, as amended.
Page 16 | 10.2 Temporary Orders
The income statement must be served on all counsel or pro se parties by at least the day before the temporary-orders hearing.
all counsel or prose parties with a written statement accurately showing the gross income of each party hereto for the preceding three (3) calendar months and the preceding three (3) calendar years by at least the day preceding the hearing on temporary orders.
Page 16 | 10.1 Ex Parte Orders
The Respondent must serve a copy of the completed composite inventory on the Petitioner at least 7 days before trial.
The Respondent shall complete and file the composite inventory with the Court and serve a copy of the same on Petitioner not less than seven (7) days prior to trial.
Page 18 | 11.4. Inventories
Filing Fees and Waivers
Applicable subpoena issuance fees must be paid before the subpoenas are issued.
Applicable fees for issuance must be paid before subpoenas are issued.
Page 14 | 9.7. Presence of Witnesses
Courtesy Copy Requirements
A copy of final pretrial matters must be provided to the Court with the filings.
All matters, including final pleadings and required discovery documents, shall be filed at least seven (7) days prior to the date the Final Pretrial Conference is scheduled or earlier if otherwise provided by law or order of the Court and shall be served on all opposing counsel and pro se parties with a copy provided to the Court.
Page 12 | 9.6. Final Pretrial Conference
Sealing & Redaction Procedures
Access to the confidential files is limited to parties or persons granted access for good cause as determined by the Court.
IT IS FURTHER ORDERED that such files are confidential and that no person or entity is permitted to access such records unless such person or entity is a party to the action or for good cause shown, as determined by the Court.
Civil cases
Page 1 | STANDING ORDER ON SEALING CPS CASES
Files in which CPS or DFPS appears as petitioner in the district are sealed.
IT IS HEREBY ORDERED that all files in which Child Protective Services (CPS) or the Department of Family and Protective Services (DFPS) ofthe State of Texas appear as Petitioner in the counties comprising the 97 th Judicia_l District of Texas are SEALED.
Civil cases
Page 1 | STANDING ORDER ON SEALING CPS CASES
Interview content must remain confidential, and any record must be sealed unless the Court opens it by written order after considering a motion showing good cause.
The content of the interview will remain confidential and any record made of the same by the Court Reporter or Court-designated witness shall be sealed unless opened by written order of the Court after consideration of a motion showing good cause.
Page 21 | 10.9. Interviews with Children
Pre-Motion Conference Requirements
Before filing a motion, moving counsel must confer with counsel for all affected parties about whether the motion will be opposed, except for motions to dismiss the entire action or indictment, motions for summary judgment, and motions for new trial.
Before filing any motion, counsel for a moving party shall confer with counsel for all parties affected by the requested relief to determine whether or not the contemplated motion will be opposed. Such a conference is required for all motions, except motions to dismiss the entire action or indictment, motions for summary judgment and motions for new trial.
Page 4 | 4.3. Conference Required.
Adjournment & Extension Requirements
A continuance request made with a not-ready announcement must state specific reasons and be presented in a detailed, proper motion.
All announcements of "not ready" must state specific reasons therefore and shall be accompanied by a detailed and proper motion for continuance.
Page 5 | 4.7. Jury Dockets
Agreed, first, and automatic continuances or passes are not allowed; a specific continuance motion must be presented at least 10 days before the hearing or trial and must include detailed information if based on a scheduling conflict.
There shall be no "agreed," "frrst" or "automatic" continuances or passes of cases set for hearing. All motions for continuance must be specific and presented at least ten ( 10) days before the scheduled hearing or trial. If the basis for a continuance is a conflict in settings, the specific style, docket number, court, date of case filing, date of case setting, and the judge scheduled to hear the case will be included in the motion, together with the name, address and telephone number of the person with the other court to be contacted for information regarding the case.
Page 7 | 7.3. Continuances and Passing of Civil Cases
A criminal pretrial hearing may be continued only on a written motion filed before the hearing; first-setting or agreed continuances are barred unless Chapter 29 permits them.
No pretrial hearings will be continued except upon written motion filed prior to the hearing. No Afirst setting@ or Aagreed@ continuances will be permitted by the Court, except when permitted by Chapter 29 of the Texas Code of Criminal Procedure.
Page 8 | 8.5. Pretrial Procedure
A continuance to a later plea setting will be considered only if Chapter 29 authorizes it or the specified joint resetting order requirements are met.
(d) Continuances of cases on jury docket to a subsequent plea setting will be considered by the Court only if Texas Code of Criminal Procedure Chapter 29 authorizes the continuance OR: (I) A joint resetting order approved by the State and the defense is presented to the Court; (ii) The order provides for a specific date on a summary docket date for the setting; (iii) The order provides that all counsel and the defendant will be present on the specified date; and (iv) The order is signed for approval by all counsel and the defendant and complies with Texas Code of Criminal Procedure Chapter 29.
Page 9
A not-ready announcement must be made in a properly formed, detailed motion for continuance explaining why the case is not ready; otherwise the Court will treat the announcement as ready.
(b) Announcements of "not ready" shall be made in a detailed Motion for Continuance in proper form, containing a detailed explanation of why the case is not ready for trial. Failure to announce properly will be considered an announcement of "ready" by the Court.
Page 10 | 8.10. Jury Trial Settings
A Final Pretrial Conference may not be continued because of failure to comply with the Pretrial Scheduling Order.
No Final Pretrial Conference shall be continued for failure to comply with the Pretrial Scheduling Order.
Page 12 | 9.6. Final Pretrial Conference
Chambers Communication Rules
Counsel must instruct parties and witnesses not to contact the Judge about pending matters and advise attendees about appropriate courtroom conduct.
Counsel shall instruct parties and witnesses that they shall not contact the Judge concerning pending matters, and shall also advise clients, witnesses and others attending court in support of them of appropriate courtroom conduct.
Page 1 | RULE 1. CONDUCT AND COURTROOM DECORUM
Mail, including specified original orders for settings that are not electronically filed, must be delivered to the Court Coordinator at the website address.
All mail, including original orders for settings not electronically filed which require the District Judge's attention or signature shall be delivered to the Court Coordinator at the address listed on the Court's website.
Page 2 | 2.2 Mail Delivery
Original documents that are not electronically filed and do not require the District Judge's signature must be mailed to the respective District Clerk.
Original documents to be filed, other than those electronically filed, which do not require the District Judges signature shall be mailed to the respective District Clerk.
Page 2 | 2.3. Original Documents
The Court Coordinator will not file documents or forward them to District Clerks within the 97th Judicial District unless counsel complies with Rule 3.4.
The Court Coordinator will not file documents. The Court Coordinator will not forward documents to the District Clerks within the 97 th Judicial District unless counsel complies with Rule 3.4 below.
Page 2 | 2.3. Original Documents
An estimate believed to be erroneous must be raised in writing with opposing counsel and the District Court Coordinator.
Estimates of time felt by opposing counsel to be erroneous shall be brought to the attention of opposing counsel and the District Court Coordinator in writing.
Page 3 | 4.2 Estimates of Time.
it shall be the responsibility of that party=s attorney to notify the attorney appearing for the party in bankruptcy to (I) promptly notify this Court by immediately contacting the District Court Coordinator
it shall be the responsibility of that party=s attorney to notify the attorney appearing for the party in bankruptcy to (I) promptly notify this Court by immediately contacting the District Court Coordinator
Page 15 | 9.10. Bankruptcy
When time is of the essence for a filing deadline, the original motion or other document should be sent directly to the District Clerk, and a separate order or fiat should be sent to the District Court Coordinator.
If time is of the essence in meeting filing deadlines, the original motion or other document should be sent directly to the District Clerk at that Clerk=s addressed as listed in the current Texas Legal Directory and a separate order or fiat should be sent to the District Court Coordinator at the address listed for the District Court Coordinator in the current Texas Legal Directory.
Page 2 | 2.4
Counsel seeking to avoid trial assignment during a vacation of no more than four consecutive weeks must notify the District Clerk and District Court Coordinator at least 45 days beforehand; the notice does not justify resetting cases already set or carried forward.
Counsel wishing to avoid assignment to trial during a vacation period not exceeding four (4) consecutive weeks must advise the District Clerk and District Court Coordinator at least forty-five (45) days prior to the beginning of the vacation. Such notice will not be taken by the Court as grounds for resetting cases already set or those carried forward pursuant to these Rules.
Page 6 | 4.9. Attorney Vacations
After a bankruptcy case concludes, counsel must promptly notify the District Court Coordinator.
Once a bankruptcy case has been concluded, whether by discharge, denial of discharge, dismissal or otherwise, counsel shall promptly notify the District Court Coordinator
Page 15 | 9.10. Bankruptcy