Judge Chap B. Cain III
Individual Rules, Standing Orders & Policies
- Rules last changed:
Document Format Requirements1 rule
Requests for hearings should be made in writing to the court in which the matter is pending in accordance with these rules, and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the hearing.
Document Filing Requirements3 rules
The order granting or denying such motion shall contain an order resetting the case for trial for a specific date and time.
In the event that the court renders an oral interim order, the court shall require a party to prepare a written order complying with the court's rendition. The party preparing the order shall obtain approval and signature as to form from the opposing counsel and/or pro se litigant.
In the event that the court renders an oral final order, the court shall require a party to prepare a written final order complying with the court's ruling. The party preparing the order shall obtain approval and signature as to form from the opposing counsel or pro se litigant.
Filing & Service rules
Filing Timing and Cure Windows
A written motion to retain must be filed before the dismissal date stated in the notice or the case will be dismissed.
Unless a written motion to retain has been filed prior to the dismissal date as, set forth in the notice of intention to dismiss, such case shall be dismissed.
Page 4 | 3.6.3. Motion to Retain
Temporary orders should be presented for entry within ten days after the hearing, unless the court sets an entry date.
All temporary orders should be presented to the court for entry within ten (10) days after the hearing or at the entry date set by the court.
Page 6 | 4.3.2. Temporary Orders Entry
Service and Proof of Service Rules
Requests for hearings should be made in writing to the court in which the matter is pending in accordance with these rules, and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the hearing.
Requests for hearings should be made in writing to the court in which the matter is pending in accordance with these rules, and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the hearing.
Page 3 | 3.5.2. Setting Requests
The District Clerk must promptly send dismissal-intention notice to attorneys of record and self-represented parties whose addresses are in the file, and file a copy of the notice in the case.
When a case has been placed on the dismissal docket, the District Clerk shall promptly send notice of the court's intention to dismiss for want of prosecution to each attorney of record and pro se party whose address is shown in the clerk's file. A copy of such notice shall be filed with the papers of the cause.
Page 4 | 3.6.2. Notice
Notice that the dismissal order has been signed must be given as required by Texas Rule of Civil Procedure 165a.
Notice of the signing of the order of dismissal shall be given as required by Rule 165a of the Texas Rules of Civil Procedure.
Page 4 | 3.6.3. Motion to Retain
Failure to mail the notices described above does not affect Rule 306a periods except as that rule provides.
Failure to mail notices as set put above shall not affect any of the periods mentioned in Rule 306a of the Texas Rules of Civil Procedure except as provided in that rule.
Page 4 | 3.6.3. Motion to Retain
Adjournment & Extension Requirements
A motion to continue a trial setting must be presented under the docket control order or the Texas Rules of Civil Procedure.
Any motion for continuance of the trial setting shall be presented to the court pursuant to the docket control order, or the Texas Rules of Civil Procedure.
Page 4 | Rule 3.7 Continuances
Chambers Communication Rules
An attorney who settles or dismisses a case set for trial must notify the court as soon as possible.
When an attorney settles or dismisses a case which is set for trial, he/she shall give notice to the court as soon as possible.
Page 4 | Rule 3.9 Settlements