Brazoria County Courts at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements4 rules
NO CASES WILL BE SET BY SUBMISSION, UNLESS WRITTEN REQUEST IS MADE TO THE JUDGE OF THAT COURT AND APPROVED BY THE SAME.
Requests for settings shall contain the following information: Cause number and style of the case; 2. Whether jury or non-jury; Certification that pleadings are in order and that discovery is complete; Name, mailing address, email address, and telephone number of each attorney of record and certification that each attorney has been served with a copy of the request.
REQUESTS FOR SETTINGS SHALL BE IN WRITING, SIGNED BY THE ATTORNEY MAKING THE REQUEST AND ADDRESSED TO THE JUDGE OF THE COURT IN WHICH THE CASE IS FILED.
Such notice of conflicting setting shall include the number and style of any case previously set and the Court in which the conflicting case is set.
Filing & Service rules
Electronic Filing Rules
Electronic filing is mandatory under the rules and procedures promulgated by the Texas Supreme Court.
Brazoria County adheres to the mandatory e-filing rules and procedures as promulgated by the Texas Supreme Court.
Page 1 | 2. FILING
Filing Timing and Cure Windows
When an emergency requires immediate judicial action while the Clerk's Office is closed, the case must be docketed and assigned to a Court as soon as practicable, and all writs and process must be returnable to that Court.
Whenever immediate action of a Judge is required in an emergency when the Clerk's Office is not open for business, the case shall, nevertheless, at the earliest practicable time be docketed and assigned to a Court as provided by these procedures; and all writs and process shall be returnable to that Court.
Page 3 | 15. EMERGENCIES AND SPECIAL MATTERS
A written designation of summer vacation weeks must be filed with the County Clerk by May 15 each year, and protects the attorney from trials during those weeks even if a trial-setting order was signed earlier.
Written designation for vacation weeks during June, July and/or August must be filed with the County Clerk by May 15 of each respective year. Summer vacation weeks so designated will protect the attorney from trials during those summer weeks, even if an order setting the case for trial was signed before the vacation designation was filed.
Page 3 | 11.2 SUMMER VACATIONS
Unless an emergency occurs while the Clerk's Office is closed, an application for immediate or temporary relief must be filed and assigned to a Court before it is presented to a Judge.
Except in emergencies when the Clerk's Office is not open for business, no application for immediate or temporary relief shall be presented to a Judge until it has been filed and assigned to a Court at provided in these procedures.
Page 3 | 15. EMERGENCIES AND SPECIAL MATTERS
A written designation for non-summer vacation weeks must be filed with the County Clerk at least 90 days before the designated weeks.
Written designation for vacation in months other than June, July and/or August must be filed with the County Clerk by no later than 90 days prior to the weeks being designated.
Page 3 | 11.3 NON-SUMMER VACATIONS
Service and Proof of Service Rules
Each attorney of record must be served with a copy of the setting request, and the request must certify that service occurred.
Name, mailing address, email address, and telephone number of each attorney of record and certification that each attorney has been served with a copy of the request.
Page 1 | 4. CIVIL AND PROBATE TRIAL SETTINGS
The requesting attorney must give all opposing attorneys proper notice of the hearing setting as required by the Texas Rules of Civil Procedure.
The requesting attorney shall give proper notice as required by the Texas Rules of Civil Procedure to all opposing attorneys of such setting.
Page 2 | 7. SETTING CIVIL ANCILLARY AND PROBATE DOCKET
The requesting attorney must give all opposing attorneys and any applicable ad litem proper notice of the setting as required by the Texas Rules of Civil Procedure.
The requesting attorney shall give proper notice as required by the Texas Rules of Civil Procedure to all opposing attorneys and any ad litem, if applicable, of such setting.
Page 2 | 10. SETTING PROBATE AND GUARDIANSHIP CASES
Sealing & Redaction Procedures
The Brazoria County District Clerk and County Clerk are authorized to seal educational records before a formal sealing order is issued.
The Brazoria County District Clerk and the Brazoria County Clerk are hereby authorized to seal educational records prior to any formal sealing order being issued.
Page 1 | SEALING OF MEDICAL/EDUCATIONAL RECORDS
The Brazoria County District Clerk and County Clerk are authorized to seal medical, psychiatric, psychological, mental health, and competency records upon filing and before a formal sealing order is issued.
In order to comply with Federal HIPAA and State medical privacy laws and educational privacy statutes, the Brazoria County District Clerk and the Brazoria County Clerk are hereby authorized to seal any medical, psychiatric, psychological, mental health, and competency records upon filing of the same, prior to any formal sealing order being issued.
Page 1 | SEALING OF MEDICAL/EDUCATIONAL RECORDS
Adjournment & Extension Requirements
A case may be passed or continued only with opposing counsel’s and the judge’s agreement, and it remains on the docket until the judge approves the request.
Cases may be passed or continued from the date set only upon agreement of the opposing counsel AND the Judge of the Court in which the case is filed. A case is not removed from the docket until the pass or continuance is approved by the Judge of that Court.
Page 2 | 8. AGREED PASS OR AGREED CONTINUANCE
Chambers Communication Rules
An attorney of record must notify the Court in writing within ten days after receiving notice of a setting if a conflict exists; otherwise, the Court will presume there is no conflict.
After an attorney of record has been notified of a setting, the Courts will presume that there is no conflicting setting unless the Court is notified in writing within ten (10) days of receipt of notice by the attorney of record that a conflict exists.
Page 1 | 4. CIVIL AND PROBATE TRIAL SETTINGS
Requests to set hearings on uncontested motions, other ancillary civil matters, or uncontested probate matters must be made by telephone, email, or in writing to the court coordinator or judge where the case is filed.
Requests for hearing uncontested motions and other ancillary civil matters and uncontested probate matters shall be made by telephone, email, or in writing to the Court Coordinator or Judge of the Court in which the case is filed.
Page 2 | 7. SETTING CIVIL ANCILLARY AND PROBATE DOCKET
A hearing request for a probate or guardianship matter must be made by telephone, email, or in writing to the court coordinator where the case is filed.
Requests for a hearing on probate and guardianship matters shall be made by telephone, email, or in writing to the Court Coordinator of the Court in which the case is filed.
Page 2 | 10. SETTING PROBATE AND GUARDIANSHIP CASES
Settings for cases filed in the 300th and 461st Judicial District Courts must be requested through the respective Court Coordinator.
All settings of cases filed in the 300th and 461st Judicial District Courts (e.g. family court matters) shall be requested through the Court Coordinator of the respective Court.
Page 3 | 14. FAMILY DISTRICT COURT MATTERS
A civil or probate case may be set at an attorney of record’s written, email, or telephonic request, or by the Court on its own.
All civil and probate cases may be set at the written, email, or telephonic request of any attorney of record or by the respective Court on its own.
Page 1 | 4. CIVIL AND PROBATE TRIAL SETTINGS