Judge Rosie Alvarado
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Rule 56 Motions
- 1 copy • Email • No Later Than 7 Days Before Hearing
Signed Order
Court-wide- Mail • After Signature By Court
Adjournments
- MTEs set sua sponte from the bench may not be dropped by the parties unless they reschedule with the 438th court clerk or email the clerk that an agreed-to form order will be forthcoming by a date certain.
- Even agreed resets of a summary judgment hearing must comply with the 60-day statutory deadline, and resets within the 90-day deadline require the movant's consent or good cause.
- To reschedule a summary judgment setting, a party must obtain leave to drop the setting, confirm the reset with the Court Clerk, contact the Clerk for available dates, confer with opposing counsel or any self-represented party, and file a notice of hearing with the confirmed date and time, time announcement, and reason for the change.
Request must include
Communication
Clerk5 contacts
- jessica.agonzalez@bexar.org
- 210-335-2621
- (210) 335-2300
- 210-335-2520
- 210-335-2000
Other Contacts2 contacts
- 210-631-0100
- (210) 335-3843
Chambers1 contacts
- (210) 335-0448
Document Format Requirements1 rule
The court prefers one party to draft the order with the other submitting visible redline edits shareable via Zoom screen share, and disfavors two competing orders though it recognizes this is sometimes necessary.
The court's preference is one party drafts the order, and the other party submits visible redline edits which can later be shared with the court via Zoom's "share screen" component. The court disfavors operating from two competing orders, however, recognizes in some instances it is necessary.
Document Filing Requirements1 rule
Any unagreed-upon MTE setting must include a certificate of conference.
A certificate of conference must be included with any unagreed upon setting.
Document Type
Unagreed Motion Setting
Filing & Service rules
Filing Timing and Cure Windows
Motions for summary judgment must be set for hearing by oral argument or submission within 60 days of the motion's filing date.
Specifically, that, motions must be set for hearing by oral argument or submission within 60 days of the motion's filing date
Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT
The statutory deadlines do not apply to withdrawn motions; if a motion is withdrawn and refiled, the deadlines are calculated from the new filing date.
These deadlines do not apply to a motion that has been withdrawn. If the motion is withdrawn and refiled, the applicable deadlines will be calculated from the new filing date.
Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT
Summary judgment hearings may be set within 90 days of the filing date if required by the Court's docket, for good cause, or with the movant's consent.
hearings may be set within 90 days of the filing date if required by the Court's docket, for good cause, or with the movant's consent
Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT
Summary judgment motions are set and heard by the 438th District Court (not the Presiding Court), with the Clerk selecting a hearing date within 35-60 days of filing and entering settings into Odyssey.
THEREFORE: All motions for summary judgment filed in the 438th District Court will be set and heard by the 438th District Court, not the Presiding Court. After filing the motion, the Court Clerk will select a hearing date based on the court's calendar, within 35-60 days of the filing, and provide notice by email to all parties on file. Settings will also be entered into Odyssey, the court filing system.
Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT
The Court must issue a written ruling on a summary judgment motion no later than 90 days after the motion is heard or submitted.
the Court must issue a written ruling no later than 90 days after the motion is heard or submitted
Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT
Service and Proof of Service Rules
The courtesy copy email to the Court must copy all counsel of record and self-represented litigants.
Please ensure all counsel of record and self-represented litigants are copied.
Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT
The Court Clerk will provide notice of the selected summary judgment hearing date by email to all parties on file.
After filing the motion, the Court Clerk will select a hearing date based on the court's calendar, within 35-60 days of the filing, and provide notice by email to all parties on file.
Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT
Courtesy Copy Requirements
Parties must email the Court a complete electronic courtesy copy of the summary judgment motion, response, reply, and supporting exhibits no later than seven days before the hearing.
No later than seven days before the hearing, the parties must provide the Court a complete electronic courtesy copy via email of the motion, response, reply and supporting exhibits.
Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT
Pre-Motion Conference Requirements
Each MTE hearing is limited to 15 minutes.
Only 15 minutes is allowed per MTE hearing.
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Parties must meaningfully confer before an MTE hearing, including exchanging the proposed order and proposed changes, or risk the MTE being reset or being ordered to confer in a Zoom breakout room.
The court requires the parties to meaningfully confer in advance of the hearing which includes having exchanged the proposed order and submitting proposed changes. Failure to confer may result in the MTE being reset or the parties ordered to confer in a zoom breakout room prior to the court taking up the matter.
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Before setting any MTE, parties must contact the court for available dates and confer with the opposing pro se party or counsel on those dates before filing the setting.
Prior to setting any MTE in the 438th District Court, the parties shall contact the court to obtain dates of availability and confer with the opposing pro se party or counsel on those dates prior to filing the setting.
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MTEs requiring up to 30 minutes may only be set during nonjury weeks starting at 4:30pm, subject to the court's availability.
MTE's requiring up to 30 minutes of time, may only be set during non-jury weeks starting at 4:30pm, and are subject to the court's availability.
Page 1 | SETTINGS DURING THE COURT'S NONJURY WEEKS:
During the court's jury weeks, no MTE settings are permitted on Mondays or on Tuesdays following a Monday court holiday.
No MTE settings are permitted on Mondays nor Tuesdays following a Monday court holiday.
Page 1 | SETTINGS DURING THE COURT'S JURY WEEKS:
During the court's nonjury weeks, no MTE settings are permitted on Mondays or Fridays.
No MTE settings are permitted on Mondays and Fridays.
Page 1 | SETTINGS DURING THE COURT'S NONJURY WEEKS:
During nonjury weeks, MTE settings are permissible on the remaining weekdays starting at 1pm and 1:30pm, subject to the court's availability.
The rest of the week, and subject to the court's availability, MTEs are permissible starting at 1pm and 1:30pm.
Page 1 | SETTINGS DURING THE COURT'S NONJURY WEEKS:
During jury weeks, MTE settings are permissible on the remaining weekdays starting at 1pm, subject to the court's availability.
The rest of the week, and subject to the court's availability, MTEs are permissible starting at 1pm.
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Adjournment & Extension Requirements
MTEs set sua sponte from the bench may not be dropped by the parties unless they reschedule with the 438th court clerk or email the clerk that an agreed-to form order will be forthcoming by a date certain.
MTEs set sua sponte from the bench may not be dropped by the parties, unless the parties reschedule the setting with the 438th court clerk or the parties notify the 438th court clerk via email (jessica.agonzalez@bexar.org) that an agreed-to form order shall be forthcoming by a date certain.
Page 1 | GENERALLY:
Even agreed resets of a summary judgment hearing must comply with the 60-day statutory deadline, and resets within the 90-day deadline require the movant's consent or good cause.
Agreed resets must still comply with the statutory 60-day deadline. Resets within the 90-day deadline will be considered on movant's consent or if good cause is determined by the Court.
Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT
To reschedule a summary judgment setting, a party must obtain leave to drop the setting, confirm the reset with the Court Clerk, contact the Clerk for available dates, confer with opposing counsel or any self-represented party, and file a notice of hearing with the confirmed date and time, time announcement, and reason for the change.
No setting may be dropped without leave of Court. All resets must be confirmed with the Court Clerk before filing a notice. A party requesting a different date must: 1. Contact the Court Clerk for available dates within the statutory limits; 2. Confer with opposing counsel or any self-represented party; 3. File a notice of hearing identifying the confirmed date and time, time announcement, and reason for the requested change. The Court will determine whether the requested setting is appropriate.
Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT
Chambers Communication Rules
Disputes over the form of an order must be set by a Motion to Enter Order (MTE) with the 438th District Court and may not be litigated via email with the court.
If there is a dispute over the form of an Order to be entered, set the dispute by way of a Motin to Enter the Order (MTE) with the 438th District Court. DO NOT attempt to litigate the form of an order to be entered via email with the court.
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Parties may notify the 438th court clerk via email at jessica.agonzalez@bexar.org that an agreed-to form order will be forthcoming by a date certain.
the parties notify the 438th court clerk via email (jessica.agonzalez@bexar.org) that an agreed-to form order shall be forthcoming by a date certain
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The court prefers Zoom appearances for MTE hearings; contact the court at (210) 335-0448 for the Zoom meeting ID.
The court prefers ZOOM appearance for MTEs. Please contact the court for the Zoom meeting ID at (210) 335-0448.
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