Court Rules

Cameron County Courts at Law

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Adjournments

  • Counsel's other engagements do not justify postponing a specially set case unless good cause is shown by motion and notice filed more than ten days before trial.
  • A specially set case may not be postponed on this ground unless good cause is shown by motion and notice filed more than ten days before trial.
Reason for Request

Communication

Phone

Clerk

956/544-0838
Filters:

Document Format Requirements5 rules

FormattingMandatory

An oral motion to recuse is not recognized by the courts and is automatically denied. A motion to recuse must be in writing in order to be considered by the court.

FormattingMandatory

Papers offered for filing or entry must be descriptively titled, pre-punched for the Clerk’s flat-filing system, numbered and titled in the lower margin of each page, and orders and judgments must be separated from other papers.

Formatting

  • Orders and Judgments must be completely separated from all other papers

Court's wording

All pleadings, Motions, Orders, and other papers, including exhibits attached thereto, when offered for filing or entry, shall be descriptively titled and pre punched at the top of the page to accommodate the Clerk's 2 V*" center to center flat- filing system. Each page of each instrument shall, in the lower margin thereof, be numbered and tilted, e^, Plaintiffs Original Petition - page 2. Orders and Judgments shall be completely separated from all other papers.

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|Section1.16 FILING OF PAPERS AND/OR ELECTRONIC FILING WITH THE DISTRICT CLERK
FormattingImportant

All pleadings, Motions, Orders, and other papers, including exhibits attached thereto, when offered for filing or entry, shall be descriptively titled and pre punched at the top of the page to accommodate the Clerk's 2 %" center to center flat- filing system.

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|Section1.16 FILING OF PAPERS AND/OR ELECTRONIC FILING WITH THE DISTRICT CLERK
FormattingImportant

Each page of each instrument shall, in the lower margin thereof, be numbered and titled, e.g.. Plaintiffs Original Petition - page 2.

Formatting

  • Number and title each page in the lower margin
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|Section1.16 FILING OF PAPERS AND/OR ELECTRONIC FILING WITH THE DISTRICT CLERK
FormattingImportant

Orders and Judgments shall be completely separated from all other papers.

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|Section1.16 FILING OF PAPERS AND/OR ELECTRONIC FILING WITH THE DISTRICT CLERK

Document Filing Requirements19 rules

Filing RequirementsMandatory

Counsel seeking Protective Orders in family law matters must have a bona fide belief that any alleged family violence has in fact occurred and must not use a request for a Protective Order as means to obtain possession of a residence or of children absent that bona fide belief. An affidavit stating the bona fide belief is mandatory.

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|Section1.4 TEMPORARY AND PROTECTIVE ORDERS IN FAMILY LAW MATTERS
Filing RequirementsMandatory

Requests for these protective orders or writs must include an affidavit specified by the Texas Family Code.

Court's wording

Requests for Protective Orders or for a Writ of Habeas Corpus for obtaining possession of a child in a family law matter shall not be submitted without an affidavit as specified in the Texas Family Code.

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|Section1.4 TEMPORARY AND PROTECTIVE ORDERS IN FAMILY LAW MATTERS
Filing RequirementsMandatory

When presenting an ex parte application, counsel must certify in writing either that the opposing party is unrepresented or, if represented, that counsel was notified and does not wish to be heard or that diligent notice attempts failed and circumstances prevent further attempts.

Court's wording

Counsel presenting any application for an ex parte order shall at the time the application is presented certify in writing to the court that: (1) to the best of his knowledge the party against whom the relief is sought is not represented by counsel in the matter made the basis of the suit in which the relief is sought; or (2) if such party is so represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the court thereon; or (ii) that counsel presenting the application has diligently attempted to notify such counsel and has been unable to do so and the circumstances do not permit additional efforts to give notice.

Filing RequirementsMandatory

Counsel presenting any application for an ex parte order shall at the time the application is presented further certify in writing that to the best of his or her knowledge, the case is which the application is presented is not subject to transfer-under Rules 1.1 (f) . Or, if the case is subject to such a transfer, counsel shall fully advise the court of the circumstances, particularly as to whether there has been any previous

Filing RequirementsMandatory

At the time of announcements, counsel shall submit to the court proposed questions and instructions for the jury charge.

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|Section1.13 APPEARANCE IN COURT FOR HEARINGS, ANNOUNCEMENTS AND/OR TRIAL
Filing RequirementsMandatory

They will also advise the judge of anticipated conflicting engagements during the week of trial that may affect counsel's ability to attend trial. They will also advise the court whether settlement discussions are exhausted and of discussions on stipulations.

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|Section1.13 APPEARANCE IN COURT FOR HEARINGS, ANNOUNCEMENTS AND/OR TRIAL
Filing RequirementsMandatory

A discovery or protection motion must include a certificate of conference certifying the filing party's good-faith effort to resolve the dispute.

Document
Discovery motion

Must include

  • Certificate of conference

Court's wording

Any motion for discovery or for protection under the Texas Rules of Civil Procedure must contain a certificate of conference completed by the party filing same which certifies that said party has made a good faith effort as required under Tex.R.Civ.P. 191.2 to resolve the discovery issues without court intervention.

Filing RequirementsMandatory

Notices of Discovery shall not be filed.

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|Section1.16 FILING OF PAPERS AND/OR ELECTRONIC FILING WITH THE DISTRICT CLERK
Filing RequirementsMandatory

Court files or papers may be removed from the clerk's custody only by a judge's order granted for good cause, and the order must state when the materials are to be returned.

Court's wording

(a) No file, pleadings or paper belonging to the files of the Court shall be taken from the office or custody or the Clerk except on order of the Judge of that Court. No order for such withdrawal shall be granted except for good cause shown. The order shall state the time within which the same shall be returned to the Clerk.

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|Section1.17 WITHDRAWAL AND COPYING OF FILES
Filing RequirementsMandatory

No attorney of record shall be permitted to withdraw from any case without presenting a Motion pursuant to Tex.R.Civ.P. 10, including all requirements of same, obtaining a ruling and a signed Order granting withdrawal, and complying with the notice requirements for the former client under said Rule.

Filing RequirementsMandatory

An oral motion to recuse is not recognized by the Court and is automatically denied. A motion to recuse must be in writing in order to be considered by the Court.

Filing RequirementsMandatory

Counsel presenting any application for an ex parte order shall at the time the application is presented further certify in writing that to the best of his or her knowledge, the case is which the application is presented is not subject to transfer under

Filing RequirementsMandatory

Counsel presenting an ex parte application must provide a written certification at presentation addressing whether the opposing party is represented and, if so, counsel’s notice or unsuccessful diligent efforts to provide notice.

Court's wording

Counsel presenting any application for an ex parte order shall at the time the application is presented certify in writing to the Court that: (1) to the best of his knowledge the party against whom the relief is sought is not represented by counsel in the matter made the basis of the suit in which the relief is sought; or (2) if such party is so represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) that counsel presenting the application has diligently attempted to notify such counsel and has been unable to do so and the circumstances do not permit additional efforts to give notice.

Filing RequirementsMandatory

Any and all requests that one party be awarded exclusive possession of a residence shall be made only after notice and hearing except as otherwise specifically provided by the Texas Family Code.

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|Section1.4 TEMPORARY AND PROTECTIVE ORDERS IN FAMILY LAW MATTERS
Filing RequirementsMandatory

Requests for exparte Temporary Restraining Orders in family law matters shall not include any request that the Court exclude a party from a joint residence or that party's own residence.

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|Section1.4 TEMPORARY AND PROTECTIVE ORDERS IN FAMILY LAW MATTERS
Filing RequirementsMandatory

No attorney of record shall be permitted to withdraw from any case without presenting a Motion pursuant to Tex.RXiv.P. 10, including all requirements of same, obtaining a ruling and a signed Order granting withdrawal, and complying with the notice requirements for the former client under said Rule.

Filing RequirementsMandatory

Counsel must submit proposed orders, decisions, and judgments for approval and signature, unless the Court directs otherwise.

Document
Proposed order decision judgment

Must include

  • Proposed order

Court's wording

Unless the Court directs otherwise, counsel shall submit proposed orders, decisions, and judgments to the Court for approval and signature within thirty (30) days after rendition or announcements of settlement.

Filing RequirementsImportant

A party disputing privilege claims should request the privilege log and identify disputed entries; otherwise, the court may deny a motion to compel without prejudice until those steps are taken.

Court's wording

If a discovery dispute regarding claims of privilege has arisen, under 193.3(a) and the party asserting privilege has been properly asked to provide privilege log information under Tex.R.Civ.P. 193 and has done so, the claims of privilege hearing will follow Tex.R.Civ.P. 193.4. Where the party disputing claims of privilege has not requested a privilege log under Tex.R.Civ.P. 193(b) and /or has not specified which items on the privilege log are still in dispute, that failure permits the Court to deny the Motion to Compel without prejudice to refiling after such steps are taken.

Filing RequirementsImportant

A receipt specifying the pleadings or papers withdrawn shall be given to the Clerk by the Party withdrawing them.

Filing & Service rules

Electronic Filing Rules

Notices of Discovery must not be filed.

Notices of Discovery shall not be filed.

Page 28 | 1.16 FILING OF PAPERS AND/OR ELECTRONIC FILING WITH THE DISTRICT CLERK

Where telefax or electronic filing is permitted and additional local rules have been adopted, filers must follow those rules.

To the extent telefax and electronic filing is permitted and additional Local Rules for telefax and electronic filing have been adopted, they are incorporated by reference as if set forth herein, and they are to be followed.

Page 12 | 1.16 FILING OF PAPERS AND/OR ELECTRONIC FILING WITH THE DISTRICT CLERK

Some courts do not accept facsimile filings; where the District Clerk allows them, filers should call the listed number to obtain the fax number for the document.

Facsimile filings are NOT accepted by specific courts. If the District Clerk allows facsimile filings, a telephone number where the document is to be sent should be obtained by calling 956/544-0838.

Page 12 | 1.16 FILING OF PAPERS AND/OR ELECTRONIC FILING WITH THE DISTRICT CLERK

Filing Timing and Cure Windows

Except in emergencies when the District Clerk's office is closed, an application for immediate or temporary relief must be filed and assigned before it is presented to a judge.

Except in emergencies when the District 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 as provided in Rule 1.1.

Page 6 | 1.2 TEMPORARY ORDERS

The plaintiff must request an initial pretrial conference no later than the 90th day after suit is filed; any other party may request one.

(a) No later than the 90th day after suit is filed, Plaintiff shall request and any other party may request an initial pre-trial conference.

Page 9 | 1.10 INITIAL PRETRIAL CONFERENCE

An amended pleading is due within 20 days after the order is signed or seven days before trial, whichever comes first, unless the order sets another time; when amendment is required within seven days, the court must specify the due date when ruling.

(a) An order sustaining a special exception or requiring a party to amend that party's pleading shall be deemed to require the amended pleading to be filed within 20 days after the order is signed or seven (7) days before trial commences, whichever dates comes first. Such orders may specify a different time limit. If special exceptions are granted or other orders of the court entered which would require amendment of pleadings within seven (7) days, the court shall specify at the time it makes its ruling the date on which the amended pleading necessitated by that ruling shall be due.

Page 9 | 1.9 GENERAL PLEADINGS

When the docket control order uses the Rules for expert designations and does not specify disclosure dates, plaintiffs’ experts are due 90 days before trial and defendants’ experts 60 days before trial; a defendant seeking affirmative relief uses the plaintiffs’ deadline for those issues.

(c) All cases in which a court order is entered specifying pre-trial deadlines are Level 3 cases even if the words "Level 3" are not used in the Order. Whenever a Court's docket control order provides that expert designation obligations shall be handled pursuant to or by "the Rules," the dates in this subsection shall govern. If the docket control order does not specify dates on which each party's experts are to be designated, nor dates for disclosure information under Tex.R.Civ.P. 194 to be provided, the dates for such disclosures shall be as follows: For Plaintiffs'/Third Party Plaintiffs' experts - 90 days prior to trial For Defendants'/Third Party Defendants' experts - 60 days prior to trial If a party is both a Defendant and a Third Party Plaintiff, Cross-Plaintiff and/or Counter-Plaintiff, then as to all issues on which it is seeking affirmative relief from another party, the expert designation date is the date for Plaintiffs'/Third Party Plaintiffs' experts.

Page 9 | 1.9 GENERAL PLEADINGS

An amended pleading permitted during trial is due no later than commencement of the charge conference, unless the order specifies a different time.

(b) Any order permitting a party to amend that party's pleading during trial shall be deemed to require the amended pleading to be filed no later than commencement of the charge conference. Such orders may specify a different time limit.

Page 9 | 1.9 GENERAL PLEADINGS

(b) If pleadings have been on file thirty (30) days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings are deemed waived unless timely filed and presented to the court for ruling ten (10) days before the date the case is scheduled to commence trial.

(b) If pleadings have been on file thirty (30) days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings are deemed waived unless timely filed and presented to the court for ruling ten (10) days before the date the case is scheduled to commence trial.

Page 10 | 1.11 DILATORY PLEAS

If pleadings have been on file more than seven but less than 30 days before trial, dilatory pleas and special exceptions must be timely filed and presented at a scheduled pretrial conference, or before trial if no final conference is scheduled or held.

(c) If pleadings have been on file more than seven days but less than thirty (30) days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings are deemed waived unless timely filed and presented to the court at any scheduled pre-trial conference; if there is no scheduled final pre-trial conference, or it is not held, such pleas and exceptions shall be presented to the court before trial commences.

Page 10 | 1.11 DILATORY PLEAS

If pleadings have been on file seven days or fewer before trial, dilatory pleas and special exceptions must be presented to the court before trial commences.

(d) If pleadings have been on file seven (7) or fewer days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings shall be presented to the court before trial commences.

Page 10 | 1.11 DILATORY PLEAS

A plaintiff's failure to request a setting or take other appropriate action within 30 days after notice that the case is subject to dismissal may result in dismissal for want of prosecution.

(a) Failure of Plaintiff to request a setting or take other appropriate action within thirty (30) days of notice from the Court that the case is subject to being dismissed for want of prosecution.

Page 12 | 1.14 DISMISSAL FOR WANT OF PROSECUTION

Unless the court directs otherwise, counsel must submit proposed orders, decisions, and judgments within 30 days after rendition or an announcement of settlement; untimely submission of a proposed order or judgment disposing of the entire case may be grounds for dismissal for want of prosecution.

Unless the court directs otherwise, counsel shall submit proposed orders, decisions, and judgments to the Court for approval and signature within thirty (30) days after rendition or announcements of settlement. Counsel shall serve copies on all counsel. Failure to submit timely a proposed judgment or order disposing of the entire case may be considered as grounds to dismiss for want of prosecution under Rule 1.14.

Page 13 | 1.18 ORDERS AND JUDGMENTS

An amended pleading permitted during trial is due no later than the start of the charge conference unless the order specifies a different deadline.

Any order permitting a party to amend that party's pleading during trial shall be deemed to require the amended pleading to be filed no later than commencement of the charge conference. Such orders may specify a different time limit.

Page 25 | 1.9 GENERAL PLEADINGS

When the docket control order does not specify the applicable expert-designation and disclosure dates, plaintiffs and third-party plaintiffs must designate experts 90 days before trial.

If the docket control order does not specify dates on which each party's experts are to be designated, nor dates for disclosure information under Tex.R.Civ.P. 194 to be provided, the dates for such disclosures shall be as follows: For Plaintiffs'/Third Party Plaintiffs' experts - 90 days prior to trial

Page 25 | 1.9 GENERAL PLEADINGS

A party that is both a defendant and a third-party plaintiff, cross-plaintiff, or counter-plaintiff uses the plaintiffs' expert-designation date for issues on which it seeks affirmative relief.

If a party is both a Defendant and a Third Party Plaintiff, Cross-Plaintiff and/or Counter-Plaintiff, then as to all issues on which it is seeking affirmative relief from another party, the expert designation date is the date for Plaintiffs'/Third Party Plaintiffs' experts.

Page 25 | 1.9 GENERAL PLEADINGS

An amended pleading required by an order sustaining a special exception or requiring amendment is due within 20 days after the order is signed or seven days before trial, whichever comes first, unless the order specifies another deadline.

An order sustaining a special exception or requiring a party to amend that party's pleading shall be deemed to require the amended pleading to be filed within 20 days after the order is signed or seven (7) days before trial commences, whichever date comes first. Such orders may specify a different time limit.

Page 25 | 1.9 GENERAL PLEADINGS

When the docket control order does not specify the applicable expert-designation and disclosure dates, defendants and third-party defendants must designate experts 60 days before trial.

If the docket control order does not specify dates on which each party's experts are to be designated, nor dates for disclosure information under Tex.R.Civ.P. 194 to be provided, the dates for such disclosures shall be as follows: For Defendants'/Third Party Defendants' experts - 60 days prior to trial

Page 25 | 1.9 GENERAL PLEADINGS

The plaintiff must request an initial pretrial conference no later than the 90th day after suit is filed; any other party may request one as well.

No later than the 90th day after suit is filed, Plaintiff shall request and any other party may request an initial pre-trial conference.

Page 25 | 1.10 INITIAL PRETRIAL CONFERENCE

When pleadings have been on file more than seven but less than 30 days before trial, dilatory pleas and special exceptions must be filed and presented at a scheduled pretrial conference or, if none is scheduled or held, presented before trial.

If pleadings have been on file more than seven (7) days but less than thirty (30) days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings are deemed waived unless timely filed and presented to the Court at any scheduled pre-trial conference; if there is no scheduled final pre-trial conference, or it is not held, such pleas and exceptions shall be presented to the Court before trial commences.

Page 26 | 1.11 DILATORY PLEAS

If pleadings have been on file thirty (30) days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings are deemed waived unless timely filed and presented to the Court for ruling ten (10) days before the date the case is scheduled to commence trial.

If pleadings have been on file thirty (30) days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings are deemed waived unless timely filed and presented to the Court for ruling ten (10) days before the date the case is scheduled to commence trial.

Page 26 | 1.11 DILATORY PLEAS

failure to timely file pleadings to meet the exceptions previously sustained.

failure to timely file pleadings to meet the exceptions previously sustained.

Page 28 | 1.14 DISMISSAL FOR WANT OF PROSECUTION

A plaintiff risks dismissal for want of prosecution if, within 30 days after notice, the plaintiff fails to request a setting or take other appropriate action.

Failure of Plaintiff to request a setting or take other appropriate action within thirty (30) days of notice from the Court that the case is subject to being dismissed for want of prosecution.

Page 28 | 1.14 DISMISSAL FOR WANT OF PROSECUTION

Proposed orders, decisions, and judgments are due within 30 days after rendition or announcement of settlement, unless the Court directs otherwise; untimely submission of a proposed judgment or order disposing of the entire case may support dismissal for want of prosecution.

Unless the court directs otherwise, counsel shall submit proposed orders, decisions, and judgments to the Court for approval and signature within thirty (30) days after rendition or announcements of settlement. Counsel shall serve copies on all counsel. Failure to submit timely a proposed judgment or order disposing of the entire case may be considered as grounds to dismiss for want of prosecution under Rule 1.14.

Page 29 | 1.18 ORDERS AND JUDGMENTS

Applications for ex parte orders must be presented in accordance with Rule 1.2.

All applications for ex parte orders shall be presented in accordance with Rule 1.2.

Page 6 | 1.3 EX PARTE ORDERS

Parties must make readiness announcements at the noticed time; a plaintiff's failure may result in dismissal, while a defendant's failure permits the court to assume the defendant is ready.

Each court shall set a time for announcements of readiness for trial and shall notify all parties of the announcement date and time when providing notice of the trial setting. (1) When no announcement is made on behalf of Plaintiff at the time scheduled, the case may be dismissed for want of prosecution. (2) When no announcement is made on behalf of a Defendant at the time scheduled, the Court will be entitled to assume that Defendant to be ready.

Page 11 | 1.13 APPEARANCE IN COURT FOR HEARINGS, ANNOUNCEMENTS AND/OR TRIAL

Failure of plaintiff's counsel to appear at specified proceedings or to timely file pleadings addressing sustained exceptions may be grounds for dismissal for want of prosecution.

(b) Failure of Plaintiffs counsel to appear for pre-trial, or failure to appear for Final Hearing, Trial or any other hearing where there has been a previous failure to appear and/or no indication has been given to the court for the reason counsel has not yet appeared, or failure to timely file pleadings to meet the exceptions previously sustained.

Page 12 | 1.14 DISMISSAL FOR WANT OF PROSECUTION

The first pleading’s District Clerk date-stamp determines whether a case is earlier or later; if no filing time is endorsed, the filing time is assumed to be 4:59 p.m.

Whether a case is "earlier" or "later" as those terms are used in this rule will be determined by the date-stamp from the District Clerk's office on the face of the first pleading filed in the case, and if necessary, any time of filing endorsed on that stamp. Where no time of filing is endorsed on the stamp the time filed will be assumed to have been 4:59 p.m.

Page 21

Service and Proof of Service Rules

If other parties want to attend a default proceeding, they must have the opportunity to be present or the matter must be set with at least three days' notice.

If other parties indicate a desire to be present, they must be given the opportunity to or be present, or a setting with at least three (3) days' notice must be obtained

Page 6 | 1.7 OTHER SETTINGS

For an emergency-hearing motion, counsel must deliver the motion and hearing-date notice to opposing counsel by a method likely to ensure receipt and make a good-faith effort to confirm receipt.

If filing a motion requesting an emergency hearing, counsel must provide a copy of the motion and written notice of the requested and/or any awarded hearing date by hand-delivery, telefax, electronic transmission, or other similar means most likely to insure that opposing counsel receives that notice. Counsel seeking the emergency hearing must also make a good faith effort to contact all opposing counsel's offices to confirm that the opposing counsel has received the written notice.

Page 6 | 1.7 OTHER SETTINGS

If a case has other parties, they must be notified before anyone approaches the court to obtain a default.

however if there are any other parties to the case, notice to all such parties must be given before any attempt is made to approach the court to obtain a default.

Page 6 | 1.7 OTHER SETTINGS

The party obtaining a temporary order must serve notice of the required hearing's date and time with the order.

The party obtaining the temporary order must serve notice of the date and time of the required hearing with the temporary order.

Page 6 | 1.2 TEMPORARY ORDERS

Counsel who request and receive notice of a hearing or trial setting must immediately notify all other parties in writing and give a copy to the clerk, unless the clerk mailed the party a written order with the notice.

Counsel who request a hearing, pre-trial and/or trial date and who receives notice of same from the court and/or the court coordinator shall have the duty to give all other parties in the case written notice immediately of such setting and to furnish a copy of such notice to the clerk of the Court in which the case is pending. If a party receives his copy of notice by written order mailed to parties from the clerk's office, the party is excused from providing duplicative notice to all parties.

Page 6 | 1.7 OTHER SETTINGS

Testimony for a default that requires proof must be scheduled with the court coordinator, and all parties must receive notice.

Testimony for defaults requiring proof shall be scheduled with the Court Coordinator of the Court in which the case is pending, and notice given to all parties.

Page 6 | 1.7 OTHER SETTINGS

Hearings generally require at least three days' notice; a shorter-notice hearing may be requested only by filing an emergency-hearing motion with specific reasons.

No hearing shall be set on less than three (3) days' notice, and no party shall request a hearing on less than three (3) days' notice unless that party has filed a motion for emergency hearing, and has provided specific reasons for same.

Page 6 | 1.7 OTHER SETTINGS

Counsel seeking withdrawal must comply with the notice requirements for the former client under Tex.R.Civ.P. 10.

No attorney of record shall be permitted to withdraw from any case without presenting a Motion pursuant to Tex.R.Civ.P. 10, including all requirements of same, obtaining a ruling and a signed Order granting withdrawal, and complying with the notice requirements for the former client under said Rule.

Page 12 | 1.15 WITHDRAWAL OF COUNSEL

The clerk must mail written notice of a dismissal to all parties or their counsel of record, subject to other rule provisions.

Subject to other provision of these rules the clerk shall mail a written notice of such dismissal to all parties or their counsel of record.

Page 12 | 1.14 DISMISSAL FOR WANT OF PROSECUTION

Counsel must serve copies of the proposed orders, decisions, and judgments on all counsel.

Counsel shall serve copies on all counsel.

Page 13 | 1.18 ORDERS AND JUDGMENTS

A default hearing requiring no record or proof needs no setting, but other parties must be notified before the court is approached; parties who wish to attend must be given the opportunity to be present or a setting with at least three days’ notice must be obtained.

No setting is required for a hearing on a default requiring no record or proof; however, if there are any other parties to the case, notice to all such parties must be given before any attempt is made to approach the Court to obtain a default. If other parties indicate a desire to be present, they must be given the opportunity to or be present, or a setting with at least three (3) days' notice must be obtained.

Page 24 | 1.7 OTHER SETTINGS

For an emergency-hearing motion, counsel must provide opposing counsel with a copy of the motion and written notice of the requested or awarded hearing date using a method likely to ensure receipt.

If filing a motion requesting an emergency hearing, counsel must provide a copy of the motion and written notice of the requested and/or any awarded hearing date by hand-delivery, telefax, electronic transmission, or other similar means most likely to insure that opposing counsel receives that notice.

Page 24 | 1.7 OTHER SETTINGS

Counsel must serve copies of the proposed orders, decisions, and judgments on all counsel.

Counsel shall serve copies on all counsel.

Page 29 | 1.18 ORDERS AND JUDGMENTS

Pre-Motion Conference Requirements

Before filing a discovery or protection motion, the filing party must make a good-faith effort to resolve the dispute without court intervention.

Any motion for discovery or for protection under the Texas Rules of Civil Procedure must contain a certificate of conference completed by the party filing same which certifies that said party has made a good faith effort as required under Tex.R.Civ.P. 191.2 to resolve the discovery issues without court intervention.

Page 11 | 1.12 DISCOVERY

Where the party disputing claims of privilege has not requested a privilege log under Tex.R.Civ.P. 193(b) and /or has not specified which items on the privilege log are still in dispute, that failure permits the Court to deny the Motion to Compel without prejudice to re-filing after such steps are taken.

Where the party disputing claims of privilege has not requested a privilege log under Tex.R.Civ.P. 193(b) and /or has not specified which items on the privilege log are still in dispute, that failure permits the Court to deny the Motion to Compel without prejudice to re-filing after such steps are taken.

Page 27 | 1.12 DISCOVERY

Adjournment & Extension Requirements

Counsel's other engagements do not justify postponing a specially set case unless good cause is shown by motion and notice filed more than ten days before trial.

Other engagements of counsel shall not be grounds for postponement of a case specially set, unless good cause is shown on motion and notice filed more than ten days before the date set for trial.

Page 6 | 1.8 SPECIAL SETTINGS

A specially set case may not be postponed on this ground unless good cause is shown by motion and notice filed more than ten days before trial.

counsel shall not be grounds for postponement of a case specially set, unless good cause is shown on motion and notice filed more than ten days before the date set for trial.

Page 25

Chambers Communication Rules

For a temporary order requiring a subsequent hearing, obtain the hearing date and time from the assigned court's coordinator before the order is issued or considered enforceable.

Where a temporary order requires a subsequent hearing pursuant to the Texas Rules of Civil Procedure and/or substantive law, including all cases in which a temporary restraining order has been granted, a date and time for the required hearing must be obtained from the court coordinator of the court in which the case has been assigned before the temporary order can be issued or considered enforceable.

Page 6 | 1.2 TEMPORARY ORDERS

Counsel seeking an emergency hearing must make a good-faith effort to contact all opposing counsel’s offices to confirm receipt of the notice.

Counsel seeking the emergency hearing must also make a good faith effort to contact all opposing counsel's offices to confirm that the opposing counsel has received the notice.

Page 24 | 1.7 OTHER SETTINGS

If a judge signs another court's temporary order while that court's judge and staff are on vacation, the court or its staff must notify that court of the hearing date.

If a Judge does sign a Temporary Order for another court while the Judge and staff of the other court is on vacation, the Court or its staff shall notify the other court of the date given the Temporary Order for hearing.

Page 6 | 1.2 TEMPORARY ORDERS

If the District Clerk allows facsimile filings, a telephone number where the document is to be sent should be obtained by calling 956/544-0838.

If the District Clerk allows facsimile filings, a telephone number where the document is to be sent should be obtained by calling 956/544-0838.

Page 12 | 1.16 FILING OF PAPERS AND/OR ELECTRONIC FILING WITH THE DISTRICT CLERK

Counsel are instructed to observe ethical rules concerning ex parte contact with the court and its staff about pending cases.

observe the disciplinary rules and ethical canons concerning ex parte contact with the court and its staff concerning pending cases, discussions with the media concerning pending cases, and civility to opposing counsel.

Page 15 | 3.7

Counsel are admonished to follow ethical canons, including those concerning discussion of a case’s facts or law with the Court outside the courtroom when opposing counsel is not present; the Court may enforce the canons.

All counsel are admonished to respect the letter and spirit of all canons of ethics, including particularly those dealing with testimony by counsel participating in the trial, discussion of cases with representatives of the press, T.V. or radio and discussion of the facts or law of the case with the Court outside of the Courtroom and not in the presence of opposing counsel. The Court may enforce the same by appropriate action.

Page 15 | 3.8 CONDUCT OF OFFICERS OF THE COURT, INCLUDING COUNSEL

Counsel should not invite clients or witnesses to the judge’s chambers unless the judge permits it.

refrain from inviting clients or witnesses to the judge's chambers, except by the judge's permission.

Page 15 | 3.7

Attorneys may use the telephone in the lawyers’ lounge only for Court business.

The telephone in the lawyers' lounge is provided for the attorneys to use on Court business only.

Page 16 | 3.8 CONDUCT OF OFFICERS OF THE COURT, INCLUDING COUNSEL

Counsel must not invite clients or witnesses to the judge’s chambers without the judge’s permission.

g. refrain from inviting clients or witnesses to the judge's chambers, except by the judge's permission.

Page 31 | 3.7 CONDUCT OF COUNSEL

Counsel must observe the ethical rules concerning ex parte contact with the Court and its staff about pending cases, as well as the stated rules on media discussions and civility.

h. observe the disciplinary rules and ethical canons concerning ex parte contact with the Court and its staff concerning pending cases, discussions with the media concerning pending cases, and civility to opposing counsel.

Page 31 | 3.7 CONDUCT OF COUNSEL

Counsel are admonished to follow ethical rules governing case discussions, including discussions of case facts or law with the Court outside the courtroom and without opposing counsel present; the Court may enforce those rules.

a. All counsel are admonished to respect the letter and spirit of all canons of ethics, including particularly those dealing with testimony by counsel participating in the trial, discussion of cases with representatives of the press, T. V. or radio and discussion of the facts or law of the case with the Court outside of the Courtroom and not in the presence of opposing counsel. The Court may enforce the same by appropriate action.

Page 32 | 3.8 CONDUCT OF OFFICERS OF THE COURT. INCLUDING COUNSEL

Counsel are requested to consult with clients and witnesses in the conference room and not invite them into the Clerk’s office or Chambers unless the Judge permits; the lounge telephone is for Court business only.

g. All counsel are requested to use the conference room for consultation with clients and witnesses and are further requested to refrain from inviting clients and witnesses into the Court Clerk's office and the Chambers except upon the discretion of the Judge. The telephone in the lawyers' lounge is provided for the attorneys to use on Court business only.

Page 32 | 3.8 CONDUCT OF OFFICERS OF THE COURT. INCLUDING COUNSEL

Counsel are requested to consult with clients and witnesses in the conference room and not invite them into the Court Clerk’s office or chambers unless the Judge permits it.

All counsel are requested to use the conference room for consultation with clients and witnesses and are further requested to refrain from inviting clients and witnesses into the Court Clerk's office and the Chambers except upon the discretion of the Judge.

Page 16 | 3.8 CONDUCT OF OFFICERS OF THE COURT, INCLUDING COUNSEL

Common questions about Cameron County Courts at Law rules

Does Cameron County Courts at Law require a pre-motion conference or letter before filing a motion?

Before filing a discovery or protection motion, the filing party must make a good-faith effort to resolve the dispute without court intervention.

View ruleSource: page 11, section 1.12 DISCOVERY

What formatting rules apply to filings in Cameron County Courts at Law?

Cameron County Courts at Law's formatting rule includes papers offered for filing or entry, including attached exhibits, must be descriptively titled., papers must be pre-punched at the top to accommodate the clerk's 2 v*" center-to-center flat-filing system., each page must be numbered and titled in its lower margin; the text gives the example “plaintiffs original petition - page 2.”, and orders and judgments must be completely separated from all other papers..

View ruleSource: page 28, section 1.16 FILING OF PAPERS AND/OR ELECTRONIC FILING WITH THE DISTRICT CLERK

What must be included with ex parte application filings in Cameron County Courts at Law?

When presenting an ex parte application, counsel must certify in writing either that the opposing party is unrepresented or, if represented, that counsel was notified and does not wish to be heard or that diligent notice attempts failed and circumstances prevent further attempts.

View ruleSource: page 6, section 1.3 EX PARTE ORDERS

What must be included with protective order or writ of habeas corpus filings in Cameron County Courts at Law?

Requests for these protective orders or writs must include an affidavit specified by the Texas Family Code.

View ruleSource: page 5, section 1.4 TEMPORARY AND PROTECTIVE ORDERS IN FAMILY LAW MATTERS

How may parties contact Cameron County Courts at Law?

For a temporary order requiring a subsequent hearing, obtain the hearing date and time from the assigned court's coordinator before the order is issued or considered enforceable.

View ruleSource: page 6, section 1.2 TEMPORARY ORDERS

How do I request an adjournment or extension in Cameron County Courts at Law?

The request must include reason for request. Counsel's other engagements do not justify postponing a specially set case unless good cause is shown by motion and notice filed more than ten days before trial.

View ruleSource: page 6, section 1.8 SPECIAL SETTINGS

Is electronic filing required in Cameron County Courts at Law?

Notices of Discovery must not be filed.

View ruleSource: page 28, section 1.16 FILING OF PAPERS AND/OR ELECTRONIC FILING WITH THE DISTRICT CLERK

What filing deadlines apply to application for immediate or temporary relief filings in Cameron County Courts at Law?

Except in emergencies when the District Clerk's office is closed, an application for immediate or temporary relief must be filed and assigned before it is presented to a judge.

View ruleSource: page 6, section 1.2 TEMPORARY ORDERS

What service or proof of service rules apply in Cameron County Courts at Law?

The party obtaining a temporary order must serve notice of the required hearing's date and time with the order.

View ruleSource: page 6, section 1.2 TEMPORARY ORDERS
Complete rules summary for Cameron County Courts at Law

Applications for ex parte orders must be presented in accordance with Rule 1.2.

A motion to recuse must be in writing; oral motions are not recognized and are automatically denied.

Except in emergencies when the District Clerk's office is closed, an application for immediate or temporary relief must be filed and assigned before it is presented to a judge.

For a temporary order requiring a subsequent hearing, obtain the hearing date and time from the assigned court's coordinator before the order is issued or considered enforceable.

If a judge signs another court's temporary order while that court's judge and staff are on vacation, the court or its staff must notify that court of the hearing date.

The party obtaining a temporary order must serve notice of the required hearing's date and time with the order.

When presenting an ex parte application, counsel must certify in writing either that the opposing party is unrepresented or, if represented, that counsel was notified and does not wish to be heard or that diligent notice attempts failed and circumstances prevent further attempts.

Counsel presenting any application for an ex parte order shall at the time the application is presented further certify in writing that to the best of his or her knowledge, the case is which the application is presented is not subject to transfer-under Rules 1.1 (f) . Or, if the case is subject to such a transfer, counsel shall fully advise the court of the circumstances, particularly as to whether there has been any previous

Requests for these protective orders or writs must include an affidavit specified by the Texas Family Code.

Counsel seeking a protective order must have a bona fide belief that family violence occurred, must not use the request to obtain possession without that belief, and must submit an affidavit stating the belief.

Counsel who request and receive notice of a hearing or trial setting must immediately notify all other parties in writing and give a copy to the clerk, unless the clerk mailed the party a written order with the notice.

Hearings generally require at least three days' notice; a shorter-notice hearing may be requested only by filing an emergency-hearing motion with specific reasons.

For an emergency-hearing motion, counsel must deliver the motion and hearing-date notice to opposing counsel by a method likely to ensure receipt and make a good-faith effort to confirm receipt.

If a case has other parties, they must be notified before anyone approaches the court to obtain a default.

If other parties want to attend a default proceeding, they must have the opportunity to be present or the matter must be set with at least three days' notice.

Testimony for a default that requires proof must be scheduled with the court coordinator, and all parties must receive notice.

Counsel's other engagements do not justify postponing a specially set case unless good cause is shown by motion and notice filed more than ten days before trial.

An amended pleading is due within 20 days after the order is signed or seven days before trial, whichever comes first, unless the order sets another time; when amendment is required within seven days, the court must specify the due date when ruling.

An amended pleading permitted during trial is due no later than commencement of the charge conference, unless the order specifies a different time.

When the docket control order uses the Rules for expert designations and does not specify disclosure dates, plaintiffs’ experts are due 90 days before trial and defendants’ experts 60 days before trial; a defendant seeking affirmative relief uses the plaintiffs’ deadline for those issues.

The plaintiff must request an initial pretrial conference no later than the 90th day after suit is filed; any other party may request one.

(b) If pleadings have been on file thirty (30) days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings are deemed waived unless timely filed and presented to the court for ruling ten (10) days before the date the case is scheduled to commence trial.

If pleadings have been on file more than seven but less than 30 days before trial, dilatory pleas and special exceptions must be timely filed and presented at a scheduled pretrial conference, or before trial if no final conference is scheduled or held.

If pleadings have been on file seven days or fewer before trial, dilatory pleas and special exceptions must be presented to the court before trial commences.

Before filing a discovery or protection motion, the filing party must make a good-faith effort to resolve the dispute without court intervention.

A discovery or protection motion must include a certificate of conference certifying the filing party's good-faith effort to resolve the dispute.

A party disputing privilege claims should request the privilege log and identify disputed entries; otherwise, the court may deny a motion to compel without prejudice until those steps are taken.

Parties must make readiness announcements at the noticed time; a plaintiff's failure may result in dismissal, while a defendant's failure permits the court to assume the defendant is ready.

At announcements, counsel must submit proposed jury-charge questions and instructions to the court.

At announcements, counsel must advise the judge of potentially conflicting trial-week engagements and advise the court about settlement discussions and stipulations.

More Judges in Cameron County Courts at Law

Arturo A. McDonald Jr.
Judge
David Gonzales III
Judge
Eddie Trevino Jr.
Judge
Estela Chavez-Vasquez
Judge
Laura Betancourt
Judge
Sheila Garcia Bence
Judge