Burnet County District Court, Texas Filing Timing and Cure Windows

CRITICAL

A Jane Doe application may be filed with either clerk, and the County Clerk must accept and immediately transfer an application it receives to the District Clerk.

A "Jane Doe case" application may be filed with either the District Clerk or the County Clerk, but if an application is received by the County Clerk, the County Clerk shall accept it and shall immediately transfer the application to the District Clerk.

CRITICALCriminal cases

When the offering party is not present in court, physical evidence that cannot be digitized must be tendered no later than two days after the remote proceeding.

Physical evidence which cannot be rendered in digital form shall be tendered to the court no later than 2 days after the remote proceeding if the party offering the evidence is not present in the court when it is offered.

CRITICAL

The inventory filing deadline is within sixty days after the Respondent's answer or waiver is filed.

Within sixty days after Respondent's answer or waiver is filed, each party shall file with the District Clerk, a copy being furnished to the Judge, opposing Counsel and pro se parties, a sworn inventory and appraisement of all property (both separate and community) of the parties, including any property belonging to children of the parties.

CRITICAL

Each party must deliver the Proposed Disposition of Issues to the opposing party and the Court Coordinator before 5:00 p.m. seven days before a divorce trial on the merits.

Before 5:00 p.m. on the date that is seven (7) days prior to the date set for a trial on the merits for any divorce trial, each party shall deliver to the opposing party and to the Court Coordinator of the Court in which the case is filed a Proposed Disposition of Issues, fully completed and in the form attached as Exhibit "A" to these Rules.

CRITICAL

A written motion to remove a case from the dismissal docket must be presented to the Judge before the notified dismissal date.

Written motions to remove a case from the dismissal docket must be presented to the Judge prior to the notified date of dismissal.

CRITICAL

Deadline

1 business days

The District Clerk must notify the applicant of the hearing, which is set for 2:00 p.m. on the next business day after filing unless a postponement application applies; the provided text ends before that exception is complete.

The District Clerk shall notify the "Jane Doe" applicant of the time and place of the hearing on the application, which shall be at 2:00 p.m. on the next business day after the filing of the application, unless an application for postponement is

CRITICAL

A written motion to remove a case from the dismissal docket must be presented to the trial Judge before the notified dismissal date.

Written motions to remove a case from dismissal docket must be presented to the trial Judge prior to the notified date of dismissal.

CRITICAL

Pre-trials must be held at least seven days before the jury trial.

b) All pre-trials shall be held at least seven (7) days prior to jury trial.

CRITICAL

Pre-trial motions must be filed at least seven days before the pre-trial hearing.

c) All pre-trial motions must be filed at least seven (7) days before the date of the pre-trial hearing.

CRITICAL

Court-appointed appellate counsel must deliver a written designation to the Official Court Reporter or Deputy Official Reporter within 15 days of appointment.

Upon appointment as appellate counsel to handle a specific appeal, all court-appointed appellate attorneys are advised that they are required to deliver a written designation to the Official Court Reporter and/or the Deputy Official Reporter within 15 days of appointment whereas the Official Reporter can begin transcription and meet imposed deadlines with the Third Court of Appeals.

CRITICALCivil cases

The Court will schedule an MSJ hearing 35 to 60 days after filing, at the first available date within that window.

Upon filing of a Motion for Summary Judgment, the Court will schedule a hearing at the first available date occurring no earlier than thirty-five (35) days after the date of filing and no later than sixty (60) days from the date of filing.

CRITICALCivil cases

A request for oral argument must be written and filed at least seven days before the hearing.

Any request for oral argument must be made in writing at least seven (7) days prior to the hearing date and must be e-filed and served on all parties.

CRITICALCivil cases

Unless the Court grants leave, the non-movant must file and serve its response and summary-judgment evidence within 21 days after the MSJ is filed.

A. Response. Except on leave of Court, the non-movant's response and summary-judgment evidence must be filed and served within twenty-one (21) days after the Motion for Summary Judgment is filed.

CRITICALCivil cases

Unless the Court grants leave, the movant may file and serve a reply within 7 days after the non-movant’s response is filed.

B. Reply. Except on leave of Court, the movant may file and serve a reply within seven (7) days after the non-movant's response is filed.

CRITICALCivil cases

Late filings will not be considered unless the Court grants leave.

C. Late Filings. Late filings will not be considered absent leave of Court.

CRITICALCivil cases

Proposed orders must be e-filed before the hearing or submission date.

All parties shall e-file proposed orders prior to the hearing or submission date.

CRITICALCivil cases

The non-movant has 10 days after the docketing statement and no-evidence motion are filed to file a written response contesting the statement.

The non-movant shall have ten (10) days from the date the docketing statement and no evidence motion are filed to file a written response contesting the contents of the docketing statement.

WARNING

The parties may agree in writing to exchange inventories without filing or to delay filing beyond sixty days, but the Court may still require filing unless a written agreement completely settles property, custody, and support matters.

The parties may agree in writing to exchange inventories without filing the inventories or to delay filing inventories beyond sixty days after an answer or waiver is field, but the Court may require the filing of same, over the objection of all parties, unless there is a written agreement completely settling the property and all custody and support matters.

WARNING

Special exceptions are waived unless timely filed and presented to the Court at the pre-trial hearing.

All special exceptions shall be considered waived if not timely filed and presented to the Court at the pre-trial hearing.

WARNING

Pre-trial motions may not be heard on the jury-trial date, except motions in limine and motions designated by the trial court.

a) No pre-trial motions shall be heard on the date of the jury trial, except motions in limine, and those designated by the trial court.

WARNING

If counsel does not timely provide a designation, the Official Reporter will prepare only the jury-trial portion, including voir dire, for filing with the Third Court of Appeals.

If timely designation is not forthcoming, the Official Reporter will prepare the jury trial portion of the record, including voir dire, for filing with the Third Court of Appeals and no other hearings will be included.

WARNINGCivil cases

For docket constraints, good cause, or the movant’s agreement, an MSJ hearing may be scheduled as late as 90 days after filing, but no later.

If required by docket constraints, for good cause shown or upon agreement of the movant the hearing may be scheduled up to ninety (90) days from the date of filing, but not beyond that time.

WARNINGCivil cases

For a no-evidence MSJ, adequate discovery time is presumptively satisfied after the later of nine months from the responding party’s first appearance or the close of discovery, subject to rebuttal or modification by the Court for good cause.

For purposes of Rule 166a(i), an adequate time for discovery is presumptively satisfied after the later of: 1. Nine (9) months from the date of the first appearance by the responding party; or 2. The close of the applicable discovery period. This presumption may be rebutted or modified by the Court for good cause shown.

WARNINGCivil cases

If no timely response is filed, the Court will deem the docketing statement uncontested.

If no response is timely filed, the Court will deem the docketing statement uncontested.

INFOCivil cases

The Court will sign and file its written MSJ ruling no later than 90 days after the hearing.

The Court will sign a written order resolving the MSJ and file it with the clerk no later than ninety (90) days from the date of the hearing.