Court Rules

Brazos County District Court, Texas

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Adjournments

10Calendar Daysnotice
  • A setting remains tentative for ten calendar days after delivery; during that period an attorney may report a scheduling conflict, and the coordinator may reset the setting upon a signed certificate describing the conflict and court approval. The setting becomes final after the period expires.
120Calendar Daysnotice
  • Attorneys must give the district clerk, affected court coordinators, and parties 120 calendar days' notice of designated personal days for scheduled matters to be continued; with less notice, a motion for continuance is required for scheduled hearings and is decided at the court's discretion.

Communication

Email
Scheduling
Phone
Scheduling
Cases:
Filters:

Document Format Requirements1 rule

FormattingImportant

Any pro se defendant or attorney of record may obtain a setting of any contested proceeding by filing a Setting Request (furnished by the clerk, court coordinator, or in a form substantially similar to the form in Appendix).

Document Filing Requirements26 rules

Filing RequirementsMandatoryCivil cases

The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition prior to filing same with the District Clerk.

Tx Brazos District:b63f68b1aa503bae6d19f3bf · Sep 2017 · p. 4
|Section8. SERVICE AND APPLICATION OF THIS ORDER.
Filing RequirementsMandatoryCivil cases

8.1 The Petitioner shall attach a copy of this order to the Original Petition and to each copy of the petition prior to filing same with the District Clerk.

Tx Brazos District:3b4e88b8c8cda0ee505697e3 · Sep 2017 · p. 4
|SectionSERVICE AND APPLICATION OF THIS ORDER
Filing RequirementsMandatoryCriminal cases

All court appointed attorneys must return the attached written acknowledgement of having read the attached document to Brazos County Associate Court #1 by August 30, 2024.

Filing RequirementsMandatory

Each Setting Request shall be filed with the clerk of the court, who shall promptly transmit the setting request to the Court Coordinator of the appropriate court.

Tx Brazos District:d09566874b8f0fbc54379f2f · Jul 2023 · p. 9
|Section3.13 Request for Settings--Non-Jury; b. Contested Hearings
Filing RequirementsMandatory

A Setting Request must identify the case, the proceeding sought, contact information for each attorney or self-represented party, and the estimated hearing time for both sides.

Court's wording

Each Setting Request shall specify: (a) the cause number and style of the case; (b) the nature of the hearing, trial or ruling sought; (c) the name, mailing address, email address, and telephone number of each attorney of record or party pro se; (d) the amount of time estimated by the requesting party to be required for such hearing for both sides. Each attorney or party is cautioned to give careful attention to the amount of time requested, as other cases may be set at the conclusion of the estimated time period.

Tx Brazos District:d09566874b8f0fbc54379f2f · Jul 2023 · p. 9
|Section3.13 Request for Settings--Non-Jury; b. Contested Hearings
Filing RequirementsMandatory

The Notice of Setting shall state the date, hour, nature of the trial or hearing set, and the allotted time for the hearing.

Tx Brazos District:d09566874b8f0fbc54379f2f · Jul 2023 · p. 9
|Section3.13 Request for Settings--Non-Jury; b. Contested Hearings
Filing RequirementsMandatory

If a submission-without-hearing notice is given, it must state that a party may request a hearing or submit a written response by a specified date at least ten days after service.

Court's wording

Upon the filing of any matter, the Movant or the court may give notice to all attorneys of record and parties pro se that the matter will be submitted to the court for a ruling without any hearing. The notice shall clearly state that any party may either request a hearing or submit a written response on or before a specific submission date that is at least ten (10) days after service of such statement.

Tx Brazos District:d09566874b8f0fbc54379f2f · Jul 2023 · p. 9
|Section3.13 Request for Settings--Non-Jury; a. Submission for Ruling without Hearing
Filing RequirementsMandatory

Unless otherwise provided or required by law, a preferential setting shall be granted only after hearing, if requested by any party, upon motion, duly verified, setting forth the reason that the preferential setting is necessary.

Filing RequirementsMandatory

Cases will be set for final trial upon written request filed by the requesting party using a Setting Request form.

Filing RequirementsMandatory

Each party must prepare or present the specified financial and other exhibits before each Temporary Orders hearing begins.

Court's wording

Regardless of the issues presented, each party shall prepare or present the following exhibits for each Temporary Orders prior to the commencement of the hearing. - a. Financial Information Statement: - b. Two prior years' income tax returns with all schedules and attachments; - c. Three previous months' pay stubs; - d. Proof of health and dental insurance, including expense of same for only the child(ren), in any, before the court; and - e. Proposed relief for that party.

Tx Brazos District:d09566874b8f0fbc54379f2f · Jul 2023 · p. 15
|Section4.11 Ancillary Proceedings, Temporary Orders, and Emergency Matters
Filing RequirementsMandatory

Every order submitted to the court for approval of child support shall be accompanied with an order or writ of income withholding as provided by law.

Filing RequirementsMandatory

Each attorney must submit the listed exhibits to the court and opposing counsel by the Scheduling Order or Docket Control Order deadline, or, if there is no such order, by 5:00 p.m. the day before trial begins.

Court's wording

Each attorney shall submit the following exhibits to the court and opposing counsel according to the court's Scheduling Order/Docket Control Order. If no such Order is issued, then the following shall be submitted not later than 5:00 p.m. the day before commencement of trial: - 1. Sworn Inventory and Appraisement; - 2. Proposed Property Division; - 3. Two prior years' income tax returns with all schedules and attachments; - 4. Three previous month's pay stubs; - 5. Proof of health and dental insurance, including the expense of the same for only the child(ren), in any, before the court; and - 6. Proposed relief for that party.

Filing RequirementsMandatory

The prosecuting attorney must file specified magistrate's warnings and bonds with the appropriate clerk when the case already has an open clerk's file.

Court's wording

(3) Magistrate's warnings and bonds made after arrests in other cases where there is already an open clerk's file (e.g., arrests after motion to revoke/proceed or after capias is issued in connection with bond forfeiture) will be filed by the prosecuting attorney with the appropriate clerk for placement in the clerk's file.

Filing RequirementsMandatory

(2) Upon filing of the information or indictment, all of the above documents will be filed by the prosecuting attorney with the District Clerk for placement in the clerk's file.

Filing RequirementsMandatory

A setting request must be filed with the clerk and specify the case number and style, requested proceeding, listed contact and party information, and estimated time for both sides.

Court's wording

Any pro se defendant or attorney of record may obtain a setting of any contested proceeding by filing a Setting Request (furnished by the clerk, court coordinator, or in a form substantially similar to the form in Appendix). Each Setting Request shall be filed with the clerk of the court and shall specify: - (1) the cause number and style of the case; - (2) the nature of the hearing, trial or ruling sought; - (3) the name, address and audio/video number of each attorney of record, each defendant, and the name of defendant's surety bondsman, if applicable; - (4) the amount of time estimated by the requesting party to be required for such hearing for both sides. Each attorney or party is cautioned to give careful attention to the amount of time requested, as other cases may be set at the conclusion of the estimated time period.

Filing RequirementsMandatory

The Notice of Setting shall state the date, hour, nature of the trial or hearing set, and the allotted time.

Filing RequirementsMandatory

No motion to withdraw will be entertained by the court unless it includes a certificate of the client's last known address.

Filing RequirementsMandatory

No attorney of record shall be permitted to withdraw from any case without presenting a motion to withdraw and obtaining from the court an order granting leave to withdraw.

Filing RequirementsMandatory

I CERTIFY THAT A COPY OF THIS SETTING REQUEST HAS BEEN MAILED/DELIVERED TO ALL ATTORNEYS OR PARTIES OF RECORD.

Filing RequirementsImportant

The original setting request shall be retained with the original filings in the court's file.

Tx Brazos District:d09566874b8f0fbc54379f2f · Jul 2023 · p. 9
|Section3.13 Request for Settings--Non-Jury; b. Contested Hearings
Filing RequirementsImportant

After a ruling, the attorney directed shall prepare the form of the document to be entered in duplicate originals.

Tx Brazos District:d09566874b8f0fbc54379f2f · Jul 2023 · p. 13
|Section3.43 Submission of Orders, Judgments and Instruments
Filing RequirementsImportant

All objections to the form or substance of a document submitted shall have the objecting party's proposed document for the court's signature attached.

Tx Brazos District:d09566874b8f0fbc54379f2f · Jul 2023 · p. 14
|Section3.43 Submission of Orders, Judgments and Instruments
Filing RequirementsImportant

Uncontested and agreed matters may be proven-up by a properly efiled and executed sworn affidavit as to jurisdiction, legal and factual matters.

Filing RequirementsImportant

Proposed orders of appointment should accompany each such request.

Tx Brazos District:d09566874b8f0fbc54379f2f · Jul 2023 · p. 16
|Section4.18 Ad Litem and Amicus Appointments
Filing RequirementsImportant

Leave to withdraw may be denied where the motion is presented so near the trial date as to require delay of the trial.

Filing RequirementsNote

For a qualifying liquidated claim, the plaintiff may submit the specified judgment documents for signature without a hearing, and the court may enter judgment without a personal appearance if legal prerequisites are met.

Court's wording

Whenever a claim is liquidated and proved by an instrument in writing and the plaintiff is entitled to default judgment, the plaintiff may present a prepared judgment and certificate of last known address, together with a non-military affidavit and an affidavit for attorney's fees, if appropriate, to the court for signature without a hearing. If the court is satisfied that all legal prerequisites have been met, the court may enter judgment without the necessity for a personal appearance.

Filing & Service rules

Electronic Filing Rules

For district courts, completed plea agreement documents must be e-filed or emailed to the court coordinator by 3:00 p.m. on the day before the requested setting date.

District Courts: Prior to a plea agreement being set on the docket, all completed plea agreement documents must be e-filed or emailed to the court coordinator by 3:00 p.m. the day before the requested setting date.

Page 21 | 6.20 Plea Bargains

County Courts: Prior to a plea agreement being set on the docket, all completed plea agreement documents must be e-filed or emailed to the court-coordinator three (3) days before the requested setting date;

County Courts: Prior to a plea agreement being set on the docket, all completed plea agreement documents must be e-filed or emailed to the court-coordinator three (3) days before the requested setting date;

Page 21 | 6.20 Plea Bargains

The original setting request must be returned to the District Clerk's Office.

PLEASE RETURN ORIGINAL REQUEST TO THE DISTRIC CLERK'S OFFICE.

Page 32 | SETTING REQUEST – CIVIL/CRIMINAL

Filing Timing and Cure Windows

The order takes effect when the Original Petition is filed, remains a temporary restraining order for fourteen days, continues as a temporary injunction if the stated hearing condition is met, and terminates when the court signs a final order.

8.2 This order is effective upon filing of the Original Petition and shall remain in full force and effect as a temporary restraining order for fourteen days after the date of the filing of the original petition. If no party contests this order by presenting evidence at a hearing requested and heard on or before fourteen days after the date the original petition is filed, this order shall continue in full force and effect as temporary injunction until further order of the court. This order will terminate and will no longer be effective once the court signs a final order.

Civil cases

Page 4 | SERVICE AND APPLICATION OF THIS ORDER

Court-appointed attorneys must submit the written acknowledgement by August 30, 2024.

All court appointed attorneys must return the attached written acknowledgement of having read the attached document to Brazos County Associate Court #1 by August 30, 2024.

Criminal cases

Page 1 | ADMINISTRATIVE ORDER

The submission date stated in a notice must be at least ten days after service, and a party may request a hearing or submit a written response by that date.

Upon the filing of any matter, the Movant or the court may give notice to all attorneys of record and parties pro se that the matter will be submitted to the court for a ruling without any hearing. The notice shall clearly state that any party may either request a hearing or submit a written response on or before a specific submission date that is at least ten (10) days after service of such statement.

Page 9 | 3.13 Request for Settings--Non-Jury; a. Submission for Ruling without Hearing

The jury setting request must be filed and the proper jury fee paid no later than thirty days before the date set for bench trial.

No civil case shall be set for a jury trial unless a jury setting request is filed and the proper jury fee is paid not later than thirty (30) days before the date the case is set for bench trial.

Page 10 | 3.16 Jury Fee and Jury Demand

An audio/video appearance request must be made at least two days before the scheduled hearing.

No request to appear by audio/video shall be made less than two days before the time scheduled for the hearing.

Page 10 | 3.13 Request for Settings--Non-Jury; c. Audio/Video Hearings

Proposed jury charge questions and instructions must be filed by the final pretrial or docket call hearing, unless another scheduling-order date controls.

Unless another date is controlling per a court scheduling order, proposed jury charge questions and instructions shall be filed at or before the time set for the final pretrial or docket call hearing.

Page 13 | 3.42 Jury Charge, Questions and Instructions

Trial stipulations and related materials must be filed by 5:00 p.m. two days before the final pretrial or docket call hearing, unless another scheduling-order date controls; late filings require good cause.

Unless another date is controlling per a court scheduling order, any and all trial stipulations, including trial exhibits, evidence, deposition designation agreements, & Motions in Limine shall be filed by 5:00 p.m. two days prior to the date set for the final pretrial hearing or docket call hearing (regardless of whether such hearing is in person or by submission). Late filings will be allowed only upon a showing of good cause.

Page 13 | 3.37 Trial Stipulations and Admissions

Trial witness and exhibit designations must be filed by the final pretrial or docket call hearing, unless another scheduling-order date controls; late filings require good cause.

Unless another date is controlling per a court scheduling order, designation of trial witnesses and exhibits shall be filed at or before the date set for the final pretrial hearing or docket call hearing (regardless of whether such hearing is in person or by submission). Late filings will be allowed only upon a showing of good cause.

Page 13 | 3.38 Trial Witnesses and Exhibits

A proposed final judgment or order must reach the court coordinator within thirty days after the court's decision to avoid the stated notice and presentation of an order of dismissal with prejudice.

If the court coordinator has not received a proposed judgment or order finally disposing of a case within thirty (30) days after decision by the court, the judge or the court coordinator shall send notice of intent to dismiss the case for want of prosecution to each attorney and pro se litigant in the case and present an Order of Dismissal with prejudice to the court.

Page 14 | 3.43 Submission of Orders, Judgments and Instruments

Trial exhibits must be submitted by the deadline in the Scheduling Order or Docket Control Order; absent such an order, they are due by 5:00 p.m. the day before trial begins.

Each attorney shall submit the following exhibits to the court and opposing counsel according to the court's Scheduling Order/Docket Control Order. If no such Order is issued, then the following shall be submitted not later than 5:00 p.m. the day before commencement of trial:

Page 16 | 4.13 Disposition Proposals

For county courts, completed plea agreement documents must be submitted three days before the requested setting date.

County Courts: Prior to a plea agreement being set on the docket, all completed plea agreement documents must be e-filed or emailed to the court-coordinator three (3) days before the requested setting date;

Page 21 | 6.20 Plea Bargains

For district courts, completed plea agreement documents are due by 3:00 p.m. on the day before the requested setting date.

District Courts: Prior to a plea agreement being set on the docket, all completed plea agreement documents must be e-filed or emailed to the court coordinator by 3:00 p.m. the day before the requested setting date.

Page 21 | 6.20 Plea Bargains

A party must object within 10 days after receiving notice; if an objection is filed, the referring court hears the trial or contested hearing.

A party must file an objection to the juvenile referee hearing a trial on the merits or contested hearing not later than the 10th day after the date the party receives notice that the juvenile referee or associate judge will hear the case. If an objection is filed, the referring court shall hear the trial on the merits or preside over the contested hearing.

Page 25 | 9.10 Associate Judges

A party must file an appeal in the referring court by the seventh day after receiving notice of the associate judge’s decision.

To appeal an associate judge's decision, a party must file an appeal in the referring court not later than the seventh ( 7 ) day after the date the party receives notice of the decision.

Page 27 | j. Appeals

Opposing counsel who disagrees with the estimated time must mail or deliver written objections to the Court Coordinators Office within ten days from the date on the request.

IF OPPOSING COUSEL DISAGREES WITH TIME ESTIMATED, WRITTEN OBJECTIONS MUST BE MAILED/DELIVERED TO THE COURT COORDINATORS OFFICE WITHIN TEN (10) DAYS FROM THE DATE BELOW;

Page 32 | SETTING REQUEST – CIVIL/CRIMINAL

An attorney of record or self-represented party may request a hearing on a pretrial plea or motion a reasonable time before trial, unless a pretrial order provides otherwise.

Any attorney of record or party pro se may request a hearing of any pre-trial plea or motion a reasonable length of time prior to trial on the merits unless otherwise provided by pre-trial order.

Page 12 | 3.24 Hearings of Pre-trial Pleas and Motions

Judgments and orders in uncontested matters must be presented at the hearing unless good cause is shown.

All judgments and orders in uncontested matters shall be presented at the time of hearing on such matters, except for good cause shown.

Page 14 | 3.43 Submission of Orders, Judgments and Instruments

The court coordinator submits the document for signature if no written objection is received within ten calendar days after receipt of the original.

If no written objection is received by the court coordinator within ten (10) calendar days after the original was received, the court coordinator shall submit the document to the court for signature.

Page 14 | 3.43 Submission of Orders, Judgments and Instruments

A party requesting a court reporter must give timely notice.

A party must give timely notice of the request for a court reporter.

Page 27 | h. Court Reporter

Service and Proof of Service Rules

The filer must mail or deliver a copy of the Setting Request by any reasonable means to all attorneys of record and pro se parties.

The attorney or party filing the setting request shall mail or deliver, by any reasonable means, a copy of the setting request to all attorneys of record and all parties pro se.

Page 9 | 3.13 Request for Settings--Non-Jury; b. Contested Hearings

The court must deliver a Notice of Setting by any reasonable means to each attorney and pro se party at the physical or electronic mailing address in the court file.

The court shall direct delivery by any reasonable means a Notice of Setting to each attorney of record and party pro se at the physical or electronic mailing address in the court's file.

Page 9 | 3.13 Request for Settings--Non-Jury; b. Contested Hearings

If an audio/video hearing is approved, documents to be referenced or offered as exhibits must be provided to the court, opposing counsel, and opposing parties at least 48 hours before the hearing.

All documents to be referenced at or offered as an exhibit at such audio/video hearing, if approved, must be provided to the court, opposing counsel, and opposing parties at least 48 hours before the scheduled hearing.

Page 10 | 3.13 Request for Settings--Non-Jury; c. Audio/Video Hearings

The requestor must notify all other attorneys of an audio/video hearing request as soon as possible and no later than two days before the hearing; phone notice must be a lawyer-to-lawyer conversation, and written notice must allow reasonable assurance of delivery.

To request an audio/video hearing, attorneys or pro se parties must contact the court coordinator by e-mail, or in writing, and give notice of your request to all other attorneys of record as soon as possible before the hearing, but no later than two days prior to the hearing. Notice to opposing counsel must be by lawyer-to-lawyer conversation if by phone, and if written, must be given a sufficient time in advance to provide reasonable assurance of delivery.

Page 10 | 3.13 Request for Settings--Non-Jury; c. Audio/Video Hearings

Each attorney must submit the required trial exhibits to opposing counsel as well as to the court.

Each attorney shall submit the following exhibits to the court and opposing counsel according to the court's Scheduling Order/Docket Control Order.

Page 16 | 4.13 Disposition Proposals

The filer must deliver a copy of the setting request to every attorney of record and every pro se party in the case.

The attorney or party filing the setting request shall deliver to all attorneys of record and all parties pro se in the case a copy of the setting request.

Page 21 | 6.24 Settings/Schedules

The court must deliver the Notice of Setting to each attorney of record, defendant, and the defendant's surety bondsman at the address listed in the Setting Request.

The court shall deliver a Notice of Setting to each attorney of record, to each defendant, and to the defendant's surety bondsman at the address shown on the Setting Request.

Page 22 | 6.24 Settings/Schedules

Opposing counsel must receive a copy of the withdrawal motion and the request for setting or notice of submission.

A copy of the motion to withdraw and request for setting or notice of submission without a hearing shall be delivered or mailed to any opposing counsel.

Page 29 | 10.12 Withdrawal of Counsel

After the order granting leave is sent to the client, a copy must also be sent to opposing counsel.

A copy of the order shall then be sent to opposing counsel.

Page 29 | 10.12 Withdrawal of Counsel

After leave to withdraw is granted, the attorney must send the client a copy of the order by certified mail or email with acknowledged receipt.

After leave is granted, the withdrawing attorney shall send the client a copy of the order granting leave to withdraw by certified mail, or by email with acknowledged receipt.

Page 29 | 10.12 Withdrawal of Counsel

Without the client's written consent, the withdrawing attorney must send the client notice of the rights to object and request a hearing, along with copies of the withdrawal motion and hearing-setting request or notice of submission, by certified mail or email with acknowledged receipt.

If withdrawal is without the written consent of the client, the withdrawing attorney shall forward to his client by certified mail notification, or by email with acknowledged receipt, of the client's right to object to the motion and the client's right to request a hearing on the client's objection together with a copy of his or her motion to withdraw and a copy of the request for setting or notice of submission without a hearing.

Page 29 | 10.12 Withdrawal of Counsel

A copy of the setting request must be mailed or delivered to all attorneys or parties of record, and the request includes a certification of that service.

I CERTIFY THAT A COPY OF THIS SETTING REQUEST HAS BEEN MAILED/DELIVERED TO ALL ATTORNEYS OR PARTIES OF RECORD.

Page 32 | SETTING REQUEST – CIVIL/CRIMINAL

The requesting party must notify all attorneys of record or pro se parties of the setting when these rules or other applicable law require notice.

The requesting party shall, when required by these rules or other applicable law, notify all attorneys of record or parties pro se of such setting.

Page 10 | 3.14 Disposition of Uncontested Matters

When the document is delivered to the court coordinator, its duplicate must be mailed, emailed, or delivered to opposing counsel and pro se parties so they can review its form or consistency with the ruling.

On the same date the document is delivered to the court coordinator, the duplicate of the document shall be mailed, emailed or delivered to opposing counsel and parties pro se to provide an opportunity to approve or object to the form of the document or that the document is inconsistent with the court's ruling (i.e., not a re-arguement of the merits).

Page 14 | 3.43 Submission of Orders, Judgments and Instruments

Filing Fees and Waivers

A civil case may not be set for jury trial unless the jury setting request is filed and the proper jury fee is paid at least thirty days before the bench-trial date.

No civil case shall be set for a jury trial unless a jury setting request is filed and the proper jury fee is paid not later than thirty (30) days before the date the case is set for bench trial.

Page 10 | 3.16 Jury Fee and Jury Demand

A proper request and payment of the jury fee under Texas Rule of Civil Procedure 216 are required for the Associate Court to conduct the described jury trial.

Upon proper request and payment of a jury fee pursuant to Texas Rules of Civil Procedure 216, the Associate Court may conduct a jury trial on the issues about which a jury may decide a binding issue or give its advisory opinion pursuant to the Family Code.

Page 15 | 4.13 Disposition Proposals

Pre-Motion Conference Requirements

If the parties cannot agree, both must participate in mediation before requesting a hearing; they may choose the mediator, and the Court may modify the section’s terms upon good cause.

If the parties cannot reach an agreement on their own (with or without the help of attorneys), both parties are ORDERED to participate in a "mediation" (a settlement meeting conducted with the help of a trained person called a "mediator") before requesting a hearing. The parties are free to agree on a person to serve as mediator. Otherwise the following is appointed mediator: DISPUTE RESOLUTION CENTER 1737 Briarcrest Drive, Suite 11, Bryan, Texas 77802 Telephone: (979) 822-6947 It is FURTHER ORDERED that, unless otherwise ordered by the Court, or the parties agree otherwise in writing, the Mediator's fees shall be borne equally by the parties, shall be paid by the parties directly to the Mediator and may, upon hearing, be taxed as costs of court. Upon good cause shown, the terms of this section 10 may be modified by Court Order.

Civil cases

Page 5 | 10. MEDIATION ON TEMPORARY ORDERS

If the parties cannot agree, both must participate in mediation before requesting a hearing on temporary orders.

If the parties cannot reach an agreement on their own (with or without the help of attorneys), both parties are ORDERED to participate in a “mediation” (a settlement meeting conducted with the help of a trained person called a “mediator”) before requesting a hearing.

Civil cases

Page 5 | MEDIATION ON TEMPORARY ORDERS

Mediation must occur before requesting a setting for either a Temporary Orders hearing or a final trial hearing.

Mediation is required prior to requesting a setting for Temporary Orders hearing and prior to a request for a final trial hearing.

Page 15 | 4.12 Mediation Counseling

Before trial, each attorney must confer with the other attorneys about settlement and the listed trial, property, support, conservatorship, and contested-issue matters.

To expedite disposition, it shall be the duty of each attorney to confer, prior to trial, with each other attorney regarding settlement, stipulations, estimated time of trial, waiver of jury, the extent, description, character and value of the property in question, amount of support, amount of monthly income, conservatorship, periods of possession and/or access, rights, duties and powers of the conservators, and contested issues.

Page 15 | 4.13 Disposition Proposals

Unless the court orders otherwise, the parties must mediate before a Temporary Orders hearing is set.

Unless otherwise ordered, a hearing on Temporary Orders shall be set only after the parties mediate.

Page 15 | 4.11 Ancillary Proceedings, Temporary Orders, and Emergency Matters

Counsel are expected to negotiate in good faith to resolve discovery disputes before requesting a hearing.

All counsel are expected to engage in good faith negotiations for the settlement of discovery disputes prior to requesting a hearing to resolve such disputes.

Page 12 | 3.27 Discovery Disputes

The court encourages parties to select a mediator with substantial family-law experience; absent agreement, mediation is ordered at the Dispute Resolution center of Brazos Count, Texas.

The court encourages parties to choose their own mediator who has substantial family law experience. In the absence of an agreed mediator, the court orders all cases mediated at the Dispute Resolution center of Brazos Count, Texas.

Page 15 | 4.12 Mediation Counseling

Adjournment & Extension Requirements

Motions or requests for continuances must be submitted as a written motion with an order, unless the court orders otherwise.

All motions or requests for continuances must be by written motion with order unless otherwise ordered by the court.

Page 12 | 3.29 Continuances

A setting may be passed only by a qualifying settlement agreement, a written agreement of all parties approved by the court, or a court-granted motion for continuance.

No setting shall be passed except by: - a. settlement agreement announced in open court or in writing complying with Rule 11 of the Texas Rules of Civil Procedure; - b. written agreement of all parties with court's approval; or - c. a motion for continuance granted by the Court.

Page 12 | 3.21 Resetting's

A setting may be passed or reset only by a written agreement of all parties approved by the court or by a written motion for continuance granted by the court.

No setting shall be passed or reset except by: - a. written agreement of all parties with court's approval; or - b. a written motion for continuance granted by the Court.

Page 21 | 6.19 Continuance, Resettings, and Postponements

A setting less than 14 calendar days after the notice was sent is immediately final and may be continued, reset, or postponed only under these rules.

If the date specified in the Notice of Setting is less than fourteen (14) calendar days from the date the Notice of Setting was sent, the setting specified in the Notice of Setting is immediately final and may only be continued, reset or postponed in accordance with these rules.

Page 22 | 6.24 Settings/Schedules

After the 10-day tentative period expires, a setting becomes final and may be continued, reset, or postponed only under these rules.

After the expiration of the ten (10) day period specified above, the setting shall become final, and may only be continued, reset or postponed in accordance with these rules.

Page 22 | 6.24 Settings/Schedules

Attorneys must give the district clerk, affected court coordinators, and parties 120 calendar days' notice of designated personal days for scheduled matters to be continued; with less notice, a motion for continuance is required for scheduled hearings and is decided at the court's discretion.

Attorneys shall give the district clerk, all affected court's coordinator and the parties 120 calendar days notice of the dates of the designated personal days. With 120 days notice, any matters set will be continued. If less than 120 calendar days notice, a motion for continuance will be required for any scheduled hearings and will be considered at the discretion of the court.

Page 29 | 10.13 Attorney Vacations

You should get time to call an immigration expert by adjourning the case or asking for a second call.

You should get time to call an immigration expert by adjourning the case or asking for a second call.

Criminal cases

Page 26 | Step 3

A setting remains tentative for ten calendar days after delivery; during that period an attorney may report a scheduling conflict, and the coordinator may reset the setting upon a signed certificate describing the conflict and court approval. The setting becomes final after the period expires.

the setting specified in the Notice of Setting shall remain tentative for a period of ten (10) calendar days after the same is delivered by the court coordinator. During such period, any attorney may notify the court coordinator of a conflict of settings or other scheduling conflict. Upon receipt of a signed certificate setting forth the nature and extent of the conflict and with the approval of the court, the court coordinator may reset such cause to another tentative date or time. After the expiration of the ten (10) day period specified above, the setting shall become final,

Page 9 | 3.13 Request for Settings--Non-Jury; b. Contested Hearings

A continuance may be sought by a party who did not timely receive the Notice of Setting because the requester inaccurately stated opposing counsel's or party's name or address.

Failure of the requesting attorney or party pro se to accurately state the names and addresses of opposing counsel or party pro se shall be ground for a continuance on the motion of an attorney of record or party pro se who did not receive the Notice of Setting within a reasonable time prior to the hearing date.

Page 9 | 3.13 Request for Settings--Non-Jury; b. Contested Hearings

The court may change the deadline for preparing and filing a document and objections for good cause.

For good cause, the court may change the deadline for preparation and filing of a document and objections.

Page 14 | 3.43 Submission of Orders, Judgments and Instruments

When a setting is at least 14 calendar days after the notice was sent, it remains tentative for 10 calendar days after delivery; an attorney may notify the coordinator of a conflict, and the court may approve a reset upon receipt of a signed certificate describing the conflict.

If the date specified in the Notice of Setting is at least fourteen (14) calendar days from the date the Notice of Setting was sent, the setting specified in the Notice of Setting shall remain tentative for a period of ten (10) calendar days after the same is delivered by the court coordinator. During such period, any attorney may notify the court coordinator of a conflict of settings or other scheduling conflict. Upon receipt of a signed certificate setting forth the nature and extent of the conflict and with the approval of the court, the court coordinator may reset such cause to another tentative date or time.

Page 22 | 6.24 Settings/Schedules

An attorney of record who did not receive the Notice of Setting within a reasonable time may move for a continuance if the requesting attorney inaccurately stated opposing counsel's names and addresses.

Failure of the requesting attorney to accurately state the names and addresses of opposing counsel shall be grounds for a continuance on the motion of an attorney of record who did not receive the Notice of Setting within a reasonable time prior to the hearing date.

Page 22 | 6.24 Settings/Schedules

When lead counsel is reported to be in another trial, the court determines the assignment and may hold or reset the case based on counsel's expected release; if counsel is not actually in trial as represented, the case will proceed without further notice.

When informed that an attorney is presently in trial, the Court will determine where and when assigned. This information may be verified by the court and will be verified upon request of opposing counsel or party pro se. The case will be placed on "hold" or reset, depending upon when the attorney will actually be released. (b) If the attorney is not actually in trial as represented by the attorney or agent, the case will be tried without further notice.

Page 22 | 6.25 Order of Trials/Preferential Settings/Conflicting Engagements (Lead Counsel only)

An attorney may designate up to 25 court days per calendar year as personal days, during which the attorney will not be assigned to trial or required to participate in pretrial proceedings; the rule applies only when lead counsel is affected, and requests based on co-counsel's vacation remain within the court's discretion.

(A))n attorney may designate not more than 25 court days during a calendar year as personal days, during which that attorney will not be assigned to trial or required to engage in any pretrial proceedings. Personal days include vacation, continuing legal education or other days the attorney will not be available for court. This rule operates only where lead counsel is affected (i.e., a request to move a hearing or trial setting due to co-counsel's vacation schedule will remain within the discretion of the court).

Page 29 | 10.13 Attorney Vacations

A personal-day period must be at least three consecutive court days; Friday, Monday, and Tuesday count as consecutive days.

No personal day period may be designated for less than 3 consecutive court days. (EX:designating Friday, Monday and Tuesday are considered consecutive days).

Page 29 | 10.13 Attorney Vacations

Chambers Communication Rules

To request an audio/video hearing, an attorney or pro se party must contact the Court Coordinator by email or in writing and notify all other attorneys of record as soon as possible, no later than two days before the hearing.

To request an audio/video hearing, attorneys or pro se parties must contact the court coordinator by e-mail, or in writing, and give notice of your request to all other attorneys of record as soon as possible before the hearing, but no later than two days prior to the hearing.

Page 10 | 3.13 Request for Settings--Non-Jury; c. Audio/Video Hearings

The lead attorney must notify the affected judge of all dual settings as soon as they are known.

It is the duty of the lead attorney to call the affected judge's attention to all dual settings as soon as they are known.

Page 11 | 3.19 b. Attorney assigned to two courts for the same date (Lead Attorney Only)

When an emergency or matter requiring special attention arises and the assigned judge is unavailable, the attorney or party seeking relief must contact a judge with jurisdiction; the case remains in its original court.

In the event a bona fide emergency exists or a matter requires special attention and the judge of the court where the case is pending is unavailable, the attorney or party seeking relief shall contact any judge who has jurisdiction and the judge can consider the matter, but the case shall remain in the court originally filed.

Page 15 | 4.11 Ancillary Proceedings, Temporary Orders, and Emergency Matters

The attorney or litigant responsible for bringing the child to court must immediately notify the court coordinator when the child arrives.

The attorney or litigant responsible for the child's attendance at court shall immediately notify the court coordinator of the child's arrival at the courthouse.

Page 17 | 4.19 Children in Court

When a child must be interviewed, the attorney must arrange the interview day and time through the court coordinator and must not bring the child to the courthouse without prior arrangement.

In all cases where the court deems testimony of a child to be necessary or required by law, the attorney wishing the child interviewed shall arrange the day and time through the court coordinator for the interview. The attorney SHALL NOT bring the child to the courthouse without prior arrangement pursuant to this rule.

Page 17 | 4.19 Children in Court

Requests for uncontested or ex parte hearings may be made in person, by audio/video, or in writing to the court coordinator, who will set the matter on the next available uncontested docket or another convenient time.

Requests for hearing uncontested matters and ex parte matters may be made in person, by audio/video or in writing to the court coordinator for the court in which the matter is pending. The court coordinator will set the matter for the next available uncontested docket or at any other time that may be convenient to the parties and the court.

Page 16 | 4.14 Uncontested Matters

Attorneys must call the affected judge as soon as they learn of any dual setting.

(a) It is the duty of the attorney to call the affected judge's attention to all dual settings as soon as they are known.

Page 23 | LOCAL RULES OF ADMINISTRATION

Requests for a visiting judge must first go to the Local Administrative Judge, who must consult the requesting judge and a potential covering judge before forwarding the request if another county court might handle the docket.

All requests for assignment of a visiting judge must be first delivered to the Local Administrative Judge. If the Local Administrative Judge determines that the requesting judge's docket for those dates might be handled by another court in this county, the Local Administrative Judge shall consult with the requesting judge and the judge who might handle the matter prior to forwarding the request for assignment to the Regional Presiding Judge.

Page 24 | 8.12 Requests for Visiting Judge

A request for a hearing on an uncontested or ex parte matter may be made in person, by telephone, or in writing to the court coordinator.

Requests for hearing uncontested matters and ex parte matters may be made in person, by telephone, or in writing to the court coordinator for the court in which the matter is pending.

Page 10 | 3.14 Disposition of Uncontested Matters

Judges should notify the Local Administrative Judge of an absence or planned vacation as soon as practicable beforehand.

The judges of the courts of record should notify the Local Administrative Judge of any absence or planned vacation of the judge as soon as practicable prior to the absence or vacation.

Page 24 | 8.11 Notification of Local Administrative Judge of Absence or Planned Vacation of Judge

Common questions about Brazos County District Court, Texas rules

Does Brazos County District Court, Texas require a pre-motion conference or letter before filing a motion?

If the parties cannot agree, both must participate in mediation before requesting a hearing; they may choose the mediator, and the Court may modify the section’s terms upon good cause.

View ruleSource: page 5, section 10. MEDIATION ON TEMPORARY ORDERS

What must be included with petition filings in Brazos County District Court, Texas?

The Petitioner must attach a copy of the order to the original petition and every copy before filing with the District Clerk.

View ruleSource: page 4, section 8. SERVICE AND APPLICATION OF THIS ORDER.

What must be included with written acknowledgment filings in Brazos County District Court, Texas?

Court-appointed attorneys must submit a written acknowledgement that they have read the attached document to Brazos County Associate Court #1.

View ruleSource: page 1, section ADMINISTRATIVE ORDER

How may parties contact Brazos County District Court, Texas?

When an emergency or matter requiring special attention arises and the assigned judge is unavailable, the attorney or party seeking relief must contact a judge with jurisdiction; the case remains in its original court.

View ruleSource: page 15, section 4.11 Ancillary Proceedings, Temporary Orders, and Emergency Matters

How do I request an adjournment or extension in Brazos County District Court, Texas?

A setting may be passed only by a qualifying settlement agreement, a written agreement of all parties approved by the court, or a court-granted motion for continuance.

View ruleSource: page 12, section 3.21 Resetting's

Are filing fees or waivers addressed in Brazos County District Court, Texas?

A fee is required for covered filings. A civil case may not be set for jury trial unless the jury setting request is filed and the proper jury fee is paid at least thirty days before the bench-trial date.

View ruleSource: page 10, section 3.16 Jury Fee and Jury Demand

Is electronic filing required in Brazos County District Court, Texas?

Yes. Electronic filing is required for the covered filings. County Courts: Prior to a plea agreement being set on the docket, all completed plea agreement documents must be e-filed or emailed to the court-coordinator three (3) days before the requested setting date;

View ruleSource: page 21, section 6.20 Plea Bargains

What filing deadlines does Brazos County District Court, Texas set?

The order takes effect when the Original Petition is filed, remains a temporary restraining order for fourteen days, continues as a temporary injunction if the stated hearing condition is met, and terminates when the court signs a final order.

View ruleSource: page 4, section SERVICE AND APPLICATION OF THIS ORDER

What rule applies to serving all parties in Brazos County District Court, Texas?

Details: recipient: all parties. The filer must mail or deliver a copy of the Setting Request by any reasonable means to all attorneys of record and pro se parties.

View ruleSource: page 9, section 3.13 Request for Settings--Non-Jury; b. Contested Hearings
Complete rules summary for Brazos County District Court, Texas

The Petitioner must attach a copy of the order to the original petition and every copy before filing with the District Clerk.

If the parties cannot agree, both must participate in mediation before requesting a hearing; they may choose the mediator, and the Court may modify the section’s terms upon good cause.

The Petitioner must attach a copy of the order to the Original Petition and each copy before filing with the District Clerk.

The order takes effect when the Original Petition is filed, remains a temporary restraining order for fourteen days, continues as a temporary injunction if the stated hearing condition is met, and terminates when the court signs a final order.

If the parties cannot agree, both must participate in mediation before requesting a hearing on temporary orders.

Court-appointed attorneys must submit a written acknowledgement that they have read the attached document to Brazos County Associate Court #1.

Court-appointed attorneys must submit the written acknowledgement by August 30, 2024.

You should get time to call an immigration expert by adjourning the case or asking for a second call.

A continuance may be sought by a party who did not timely receive the Notice of Setting because the requester inaccurately stated opposing counsel's or party's name or address.

When an emergency or matter requiring special attention arises and the assigned judge is unavailable, the attorney or party seeking relief must contact a judge with jurisdiction; the case remains in its original court.

The prosecuting attorney must file specified magistrate's warnings and bonds with the appropriate clerk when the case already has an open clerk's file.

If a submission-without-hearing notice is given, it must state that a party may request a hearing or submit a written response by a specified date at least ten days after service.

The submission date stated in a notice must be at least ten days after service, and a party may request a hearing or submit a written response by that date.

A Setting Request must be filed with the court clerk, who must promptly transmit it to the appropriate Court Coordinator.

A Setting Request must identify the case, the proceeding sought, contact information for each attorney or self-represented party, and the estimated hearing time for both sides.

The filer must mail or deliver a copy of the Setting Request by any reasonable means to all attorneys of record and pro se parties.

The original Setting Request must be retained with the original filings in the court file.

The court must deliver a Notice of Setting by any reasonable means to each attorney and pro se party at the physical or electronic mailing address in the court file.

A Notice of Setting must state the date, hour, nature of the proceeding, and allotted hearing time.

A setting remains tentative for ten calendar days after delivery; during that period an attorney may report a scheduling conflict, and the coordinator may reset the setting upon a signed certificate describing the conflict and court approval. The setting becomes final after the period expires.

To request an audio/video hearing, an attorney or pro se party must contact the Court Coordinator by email or in writing and notify all other attorneys of record as soon as possible, no later than two days before the hearing.

The requestor must notify all other attorneys of an audio/video hearing request as soon as possible and no later than two days before the hearing; phone notice must be a lawyer-to-lawyer conversation, and written notice must allow reasonable assurance of delivery.

An audio/video appearance request must be made at least two days before the scheduled hearing.

If an audio/video hearing is approved, documents to be referenced or offered as exhibits must be provided to the court, opposing counsel, and opposing parties at least 48 hours before the hearing.

A request for a hearing on an uncontested or ex parte matter may be made in person, by telephone, or in writing to the court coordinator.

The requesting party must notify all attorneys of record or pro se parties of the setting when these rules or other applicable law require notice.

A civil case may not be set for jury trial unless the jury setting request is filed and the proper jury fee is paid at least thirty days before the bench-trial date.

The jury setting request must be filed and the proper jury fee paid no later than thirty days before the date set for bench trial.

The lead attorney must notify the affected judge of all dual settings as soon as they are known.

A request for a preferential setting must be made by a verified motion stating why the setting is necessary; a hearing is required if any party requests one.

More Judges in Brazos County District Court, Texas

David George Hilburn
Judge
George (Jerrell) J. Wise
Judge
John Brick
Judge
Kyle Hawthorne
Judge