Judge Trish Coleman Byars
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- A not-ready announcement must state specific reasons and be accompanied by a detailed and proper motion for continuance.
- A criminal pretrial hearing may be continued only on a written motion filed before the hearing; first-setting or agreed continuances are barred except as permitted by Chapter 29.
- A continuance to a subsequent plea setting on the jury docket is considered only if authorized by Chapter 29 or supported by a qualifying joint resetting order with a specific setting date and the required approvals and appearances.
- +1 more
Request must include
- Civil continuances or passes cannot be agreed, first, or automatic; a specific motion must be presented at least ten days before the hearing or trial and include specified details when based on a scheduling conflict.
Document Format Requirements7 rules
Oversized or enlarged exhibits must be accompanied by marked 8-1/2 x 11 copies retained by the Court Reporter; any oversized version must exactly replicate the admitted exhibit and may be used only demonstratively, while the copy is the official record exhibit.
Court's wording
IT IS FUTHER ORDERED that all oversized or enlarged exhibits shall be accompanied by 8- 1//2 x 11 copies, with a marked exhibit sticker on the front, which the Court Reporter shall retain for the record on appeal. Any exhibits that the party desires to utilize in an oversized form shall be an exact replica of the exhibit that was admitted. The oversized or enlarged exhibit shall only be utilized for demonstrative purposes to the fact finder; however, the 8-1/2 x 1lcopy will become the official exhibit for record purposes.
Audio exhibit files may not exceed 100 MB and video files may not exceed 5 GB; oversized files must be divided into compliant files and labeled on the exhibit and media file name using the stated example format.
Court's wording
IT IS FURTHER ORDRED that audio exhibits may not exceed 100 MB in any single file. Video files may not exceed 5 GB in any single file. In the event that the audio or video file exceeds these size limits, the file shall be divided into separate files that do not exceed the stated limits and shall be labeled (both on the outside of the exhibit and the file name on the media storage device) with the following format as an example: "Exhibit --Defendant Smith Statement-lof2"
All scanned exhibits shall be made searchable using optical-character-recognition (OCR) software, such as Abode Acrobat.
In the even that a case is on appeal and the Court of Appeals cannot open an exhibit that was admitted, the sponsoring party that offered the exhibit will be responsible for providing the Court Reporter with the exhibit in an acceptable format.
Audio or video media admitted as an exhibit may contain only the segments offered as exhibits; offered segments should be copied to separate media when needed.
Court's wording
Further, only segments offered as an exhibit can be on the audio or video media admitted as an exhibit; e.g., for a disc of jail phone calls with 50 calls, if only certain calls are being offered, then only those calls to be offered should be copied onto a separate disk and the separate disk offered as an exhibit.
IT IS FURTHER ORDERED that each computer file of a text document must be submitted in text searchable Portable Document Format (PDF), compatible with the latest version of Abode Reader. The computer file must not be password protected, encrypted, or protected by rights management.
- File type
- Text document
The sponsoring party must ensure that electronic media exhibits are in a format acceptable to the appropriate Court of Appeals and convert any unacceptable exhibit.
Court's wording
The Court ORDERS that the sponsoring part of such media exhibits shall ensure that it is in a formal that may be uploaded and accepted by the appropriate Court of Appeals applying its guidelines at the time of the admission of the exhibit. In the event that the exhibit is not in a format acceptable to the appropriate Court of Appeals, the sponsoring party shall convert the item to an acceptable format.
Document Filing Requirements38 rules
(b) Advise which, if any, discovery and other pretrial matters remain unresolved;
Requests for settings shall be made in writing and timely delivered to the District Court Coordinator and to opposing counsel or prose parties.
(a) Advise that the case is either a hearing, a non-jury trial or a jury trial and state the estimated time of the entire hearing, non-jury trial or jury trial;
( c) Certify that a copy of the request has been delivered to all opposing counsel and pro se parties.
(a) All motions shall contain a certificate by the party filing the same that efforts to resolve the dispute without Court intervention have been attempted and failed.
(b) Any motion omitting such certificate shall not be set for hearing until such certification has been filed.
(I) In a civil case, a statement that the announcing party has made a bona fide offer of settlement that has been rejected and that all reasonable efforts to settle have been attempted,
(ii) An estimate of the time required for trial,
(iii) A statement that all pretrial matters have been disposed of and that all pretrial orders and the Local Rules have been complied with.
(iv) A certificate that the person signing the announcement is the attorney in charge of the case and that the information set out therein is true.
Each defendant and counsel, if any, shall appear in person for arraignment unless prior to the date set for arraignment, counsel has appeared of record by filing a written waiver of arraignment.
Full completion of these forms shall be an absolute requirement before a request for appointment of an attorney by a defendant will be considered by the Court.
An agreed scheduling order must include the stated familiarity and conformity language and be filed before the scheduled Pretrial Scheduling Conference.
Court's wording
Such an agreed order must contain a statement that all counsel and/or pro se parties are familiar with the Court's Local Rules and the same must conform to the time standards of the Rules of Judicial Administration, and must be filed with Court before the date of the scheduled Pretrial Scheduling Conference.
In qualifying civil cases, the mediator-appointment order must state the mediation completion date; if the parties cannot agree on a mediator, they must notify the Court and submit an order allowing the Court to appoint one.
Court's wording
In all civil cases, including Family Law Cases, in which the final hearing is estimated by either counsel to require more than two hours to complete, the Court requires Mediation to be conducted by a trained mediator prior to the final hearing. Parties shall submit an order appointing an agreed-upon mediator with a final date for the completion of mediation stated. If the parties cannot agree upon a mediator, one or more of the parties shall notify the Court of this inability and submit an order which allows the Court to appoint a mediator in the order.
any objections to such exhibits shall be presented, in writing, at the Final Pretrial Conference.
Requests for issuance of writs, citation, citation for expedited foreclosure, any notice, precept, show cause notice or temporary restraining order shall be filed with the District Clerk using the form "E-Filing Request for Issuance" available on the Court' s website.
giving the name and location of the bankruptcy court, the bankruptcy cause and case number and style of the case, the date of filing and the name and address of counsel for the bankrupt.
Requests for Orders of Sale shall be filed with the District Clerk using the form "e-Filing Request for Issuance for an Order of Sale" available on the Court's website.
Requests for abstracts of judgment or writs of execution must be filed with the District Clerk using the specified Court form.
Court's wording
Requests for issuance of Abstracts of Judgment and/or Writs of Execution shall be filed with the District Clerk using the form "E-Filing Request for Issuance of Abstract of Judgment and/or Writ of Execution" available on the Court' s website.
Whether or not agreement is reached, all counsel and parties shall sign one completed temporary orders form before leaving court and file the original of that form with the District Clerk after the same is approved by the Court.
A temporary orders short form available on the Court's website and from the District Clerk=s Office shall be used in every temporary orders hearing and shall be compiled by counsel insofar as possible before the hearing; the original copy of the from shall be provided to the Court by counsel or pro se party before or during the hearing.
All counsel shall retain a copy of the completed form and file a copy of it with the Court with the formal Temporary Orders.
In family-law cases requesting an ex parte temporary support order, the temporary orders must include the prescribed income-statement language and disclosure deadline.
Court's wording
In all family law cases in which an ex parte order involving temporary orders for support is requested, the party seeking such temporary orders hearing shall include the following language in the temporary orders: All parties to this action shall file with the District Clerk and serve all counsel or pro se parties with a written statement accurately showing the gross income of each party hereto for the preceding three (3) calendar months and the preceding three (3) calendar years by at least the day preceding the hearing on temporary orders.
For temporary-support cases, each party must furnish the Court and the opposing counsel or pro se party specified income, tax, earnings, and financial-institution records.
Court's wording
In all cases in which temporary support of a spouse and/or a child or children is in issue, each party shall be required to furnish to the Court and to opposing counsel or pro se party: (I) A statement of monthly income and expenses similar to that available on the Court's website. (ii) Copies of that party=s federal income tax return for the two (2) calendar years prior to the temporary orders hearing; (iii) All payroll statements, pay stubs, W-2 forms, and 1099 forms which evidence the party=s earnings for the calendar year prior to the temporary orders hearing and from January 1 of the current year through the date of the temporary orders hearing; (iv) Copies of all financial statements filed by that party with a financial institution in the two (2) years prior to the hearing.
In divorce suits, each party must file a complete, itemized, sworn inventory and appraisement with the District Clerk at least 30 days before trial, including specified property and debts with values.
Court's wording
In all suits for the dissolution of marriage, each party shall file with the District Clerk, no later than thirty (30) days prior to the commencement of trial, a complete, itemized, sworn inventory and appraisement of all separate and community property owned or claimed by the parties to the marriage, and all debts and liabilities owed by the parties. Any property claimed to belong to children of the marriage must also be listed in the inventory and appraisement. This inventory shall list each item of property and each debt, with the value of that item shown to the right of the property description.
After the sworn inventories are filed, the parties must file a composite inventory; the Petitioner initiates and forwards it at least 14 days before trial, and the Respondent completes, files, and serves it at least 7 days before trial.
Court's wording
After each party=s sworn inventory and appraisement has been filed, the parties shall file a composite inventory and appraisement in a form substantially similar to that on the Court's website. The Petitioner shall initiate the composite inventory and forward it to the Respondent for completion not less than fourteen (14) days prior to the trial. The Respondent shall complete and file the composite inventory with the Court and serve a copy of the same on Petitioner not less than seven (7) days prior to trial.
Counsel or a pro se party seeking deductions from gross income must prepare a statement identifying the deductions and explaining why the Court should allow them.
Court's wording
Each counsel or prose party shall also prepare a written statement showing any items for which a deduction from gross income (except Social Security tax and income tax withheld) is sought, including a written statement of the reasons such deduction should be allowed by the Court.
Every final order submitted to the Court for approval which contains provisions for child support shall be accompanied by an order or writ for income withholding in accordance with Chapter 158, Texas Family Code, as amended.
Every proposed order containing child-support provisions must be accompanied by a compliant medical support order.
Court's wording
Every order submitted to the Court for approval which contains provisions for child support shall be accompanied by a medical support order in conformance with the requirements of Texas Family Code Sec. 154 .181 , as amended
All parties in a child-support action must file a statement of each adult party’s gross income for the preceding three years and three months.
Court's wording
All parties in an action involving child support shall file with the Court a written statement setting forth the accurate gross income of all adult parties to the proceeding for the preceding three (3) calendar years and the preceding three (3) calendar months.
At the conclusion of a divorce or annulment, excluding an adoption, the party submitting the decree or order must simultaneously present the specified completed form.
Court's wording
At the conclusion of all divorces/annulments (with or without children) excluding adoptions, the party submitting a decree or order to the Court must also present, at the same time, a completed form entitled Alnformation on Suit Affecting the Family Relationship (Excluding
Each counsel or pro se party shall also file with the Court a written statement setting forth his calculation of the amount of child support sought to be ordered by the Court in that proceeding.
All persons presenting said order or writ for income withholding shall also submit an "e-Filing Request for Issuance for an Order Withholding to Employer's' to the District Clerk, available on the Court's website.
Before a contested-property final divorce hearing, counsel and pro se parties must present a document listing requested community asset and liability awards, requested separate-property confirmations, and information for calculating support.
Court's wording
Counsel for each party and each pro se party shall present to the Court prior to the final divorce hearing in which property division is contested, a document containing the following information: (a) Community assets requested to be awarded to each of the respective parties; (b) Community liabilities requested to be awarded to each of the respective parties; (c) Assets or liabilities requested to be confirmed to each of the respective parties as separate property; and (d) Information for calculating support.
The Petitioner, upon presenting a signed copy of a final order for adoption to the District Clerk shall, at the same time, present a completed Certificate of Adoption.
"Subject to" announcements are not permitted.
Failure to announce or announcement not strictly in compliance with these rules will be considered by the Court as an announcement of ready.
In the event an agreement completely settling all property, custody and support issues in the suit is entered into prior to the final hearing, then the filing of inventories under this Local Rule shall not be required.
Filing & Service rules
Electronic Filing Rules
Mail, including non-electronically filed original setting orders requiring the District Judge’s attention or signature, must be delivered to the Court Coordinator at the website address.
All mail, including original orders for settings not electronically filed which require the District Judge's attention or signature shall be delivered to the Court Coordinator at the address listed on the Court's website.
Page 2 | RULE 2. FILING AND MAILING PROCEDURES; 2.2 Mail Delivery
Non-electronically filed original documents that do not require the District Judge’s signature must be mailed to the respective District Clerk; the Court Coordinator will not file them or forward them unless counsel complies with Rule 3.4.
Original documents to be filed, other than those electronically filed, which do not require the District Judges signature shall be mailed to the respective District Clerk. The Court Coordinator will not file documents. The Court Coordinator will not forward documents to the District Clerks within the 97th Judicial District unless counsel complies with Rule 3.4 below.
Page 2 | RULE 2. FILING AND MAILING PROCEDURES; 2.3 Original Documents
Witness subpoenas must be processed through the Office of the District Clerk using the specified e-Filing Request form.
Subpoenas for witnesses must be processed through the Office of the District Clerk using the form e-Filing Request for Issuance of a Subpoena.
Page 14 | 9.7. Presence of Witnesses
When time is of the essence for a filing deadline, the original motion or other document should be sent directly to the District Clerk, with a separate order or fiat sent to the District Court Coordinator.
Iftime is of the essence in meeting filing deadlines, the original motion or other document should be sent directly to the District Clerk at that Clerk=s addressed as listed in the current Texas Legal Directory and a separate order or fiat should be sent to the District Court Coordinator at the address listed for the District Court Coordinator in the current Texas Legal Directory.
Page 2 | RULE 2. FILING AND MAILING PROCEDURES; 2.4
Filing Timing and Cure Windows
Counsel must ensure the District Clerk has the file and docket sheet at the bench before the scheduled hearing time.
Counsel shall see that the District Clerk has the file and the docket sheet at the bench before the time set for hearing.
Page 4 | 4.4 Summary Docket
Each attorney in charge must submit a written ready-or-not-ready announcement, received by the District Court Coordinator at least ten full days before the jury term begins.
Written announcements of "ready" or "not ready" must be made by each attorney in charge in each case and received by the District Court Coordinator at least ten (10) full days prior to the first day of the jury term.
Page 5 | 4.7. Jury Dockets
Attorneys must notify the Court at least seven days before trial if a bench warrant is necessary.
Attorneys must notify the Court at least seven (7) days prior to the date of jury trial if a bench warrant is necessary.
Page 10 | 8.10(d)
Written ready or not-ready announcements must reach the District Court Coordinator at least ten days before the first day of jury term and include an estimate of trial time.
Announcements of "ready" or "not ready" shall be received by the District Court Coordinator in writing at least ten (10) days prior to the first day of jury term, according to the requirements of Local Rue 4.7(h); announcements shall also state an estimate of the time required to try the case.
Page 10 | 8.10(a)
An agreed scheduling order must be filed with the Court before the scheduled Pretrial Scheduling Conference.
Such an agreed order must contain a statement that all counsel and/or pro se parties are familiar with the Court's Local Rules and the same must conform to the time standards of the Rules of Judicial Administration, and must be filed with Court before the date of the scheduled Pretrial Scheduling Conference.
Page 11 | 9.3. Pretrial Scheduling Conference Procedure
All matters, including final pleadings and required discovery documents, shall be filed at least seven (7) days prior to the date the Final Pretrial Conference is scheduled or earlier if otherwise provided by law or order of the Court and shall be served on all opposing counsel and pro se parties with a copy provided to the Court.
All matters, including final pleadings and required discovery documents, shall be filed at least seven (7) days prior to the date the Final Pretrial Conference is scheduled or earlier if otherwise provided by law or order of the Court and shall be served on all opposing counsel and pro se parties with a copy provided to the Court.
Page 12 | 9.6. Final Pretrial Conference
Written notice of a bankruptcy filing must be provided to the Court and all counsel within three days of the filing.
within three (3) days of any bankruptcy filing to provide written notice to the Court and to all counsel in the case that a bankruptcy filing has occurred
Page 15 | 9.10. Bankruptcy
The short form does not replace formal Temporary Orders, which must be filed with the Court within four working days after the hearing.
The form is not a substitute for the entry of formal Temporary Orders, which must be filed with the Court within four (4) working days after the hearing.
Page 16 | 10.2 Temporary Orders
Service and Proof of Service Rules
Immediately after an indictment is returned, the District Clerk, District Attorney, and Sheriff must cause a certified copy to be served on the accused.
Immediately following the return of an indictment, the District Clerk, District Attorney and Sheriff of the pertinent County shall cause a certified copy thereof to be served on the accused.
Page 7 | 8.1. Service of Indictments
All matters, including final pleadings and required discovery documents, shall be filed at least seven (7) days prior to the date the Final Pretrial Conference is scheduled or earlier if otherwise provided by law or order of the Court and shall be served on all opposing counsel and pro se parties with a copy provided to the Court.
All matters, including final pleadings and required discovery documents, shall be filed at least seven (7) days prior to the date the Final Pretrial Conference is scheduled or earlier if otherwise provided by law or order of the Court and shall be served on all opposing counsel and pro se parties with a copy provided to the Court.
Page 12 | 9.6. Final Pretrial Conference
Exhibits must be exchanged on the schedule set by the Scheduling Order or, if none was issued, at least three days before the Final Pretrial Conference.
All exhibits, including filings required by the Texas Rules of Evidence, shall be exchanged with all parties as ordered by the Scheduling Order in the case, or, if no scheduling order was issued, then such exhibits shall be exchanged not later than three (3) days prior to the Final Pretrial Conference;
Page 13
Unless the parties agree otherwise in writing or the Court orders otherwise, counsel intending to offer trial videotapes or films other than those offered solely for impeachment must make them available to opposing counsel and serve deposition page-and-line designations at least 14 days before the Final Pretrial Conference.
Unless otherwise expressly agreed upon by the parties in writing or order by the Court, counsel intending to offer videotaped depositions or other films or videotapes at trial, except those offered solely for impeachment, must make such videotapes and films available to opposing counsel and serve opposing counsel with page and line designations for videotaped depositions, not later than 14 days prior to the Final Pretrial Conference.
Page 14 | 9.9. Videotapes and Films
Parties and counsel must timely examine tendered videotapes or films and notify the Court and opposing counsel of admissibility objections.
All parties and counsel must timely examine any tendered videotapes or films and notify the Court and opposing counsel of any objections to the admissibility of any part of the videotape or film.
Page 14 | 9.9. Videotapes and Films
The proffering attorney must serve opposing counsel with page-and-line designations of any further portions intended for trial at least seven days before the Final Pretrial Conference.
The proffering attorney shall then serve opposing counsel with page and line designations of any portion of the videotape deposition he or she further intends to introduce at trial not later than 7 days prior to the Final Pretrial Conference.
Page 14 | 9.9. Videotapes and Films
Opposing counsel must serve the proffering attorney with page-and-line designations of the portions intended for trial at least 10 days before the Final Pretrial Conference.
Opposing counsel shall then serve the proffering attorney with page and line designations of any portion of the videotaped deposition he or she intends to introduce at trial not later than 10 days prior to the Final Pretrial Conference.
Page 14 | 9.9. Videotapes and Films
An application for a temporary order and notice of its hearing must be served on the adverse party under Texas Rules of Civil Procedure 5 and 21a.
An application to the Court for a temporary order and notice of any hearing thereon shall be served on the adverse party in accordance with Rule 5 and Rule 21a of the Texas Rules of Civil Procedure, as amended.
Page 16 | 10.2 Temporary Orders
The Respondent must serve the Petitioner a copy of the completed composite inventory at least 7 days before trial.
The Respondent shall complete and file the composite inventory with the Court and serve a copy of the same on Petitioner not less than seven (7) days prior to trial.
Page 18 | 11.4. Inventories
Parties in covered tax lawsuits must timely respond to discovery requests duly served by an opposing party.
but further notes that any party in a tax lawsuit under Texas Property Tax Code Chapters 31-34, that is duly served discovery requests by the opposing party, will still be fully and completely obligated to timely respond to any such party initiated discovery requests.
Civil cases
Page 1 | 97th District Court's Standing Order Regarding Mandatory Disclosures in Tax Cases Filed in Archer County, Clay County, and Montague County, Texas
Filing Fees and Waivers
Applicable witness-subpoena issuance fees must be paid before the subpoenas are issued.
Applicable fees for issuance must be paid before subpoenas are issued.
Page 14 | 9.7. Presence of Witnesses
Sealing & Redaction Procedures
Children’s interview content is confidential, and any record must be sealed unless the Court opens it by written order after considering a motion showing good cause.
The content of the interview will remain confidential and any record made of the same by the Court Reporter or Court-designated witness shall be sealed unless opened by written order of the Court after consideration of a motion showing good cause.
Page 21 | 10.9. Interviews with Children
Pre-Motion Conference Requirements
Before filing a motion, moving counsel must confer with counsel for affected parties about whether the motion will be opposed, except for motions to dismiss the entire action or indictment, motions for summary judgment, and motions for new trial.
Before filing any motion, counsel for a moving party shall confer with counsel for all parties affected by the requested relief to determine whether or not the contemplated motion will be opposed. Such a conference is required for all motions, except motions to dismiss the entire action or indictment, motions for summary judgment and motions for new trial.
Page 4 | 4.3 Conference Required
Adjournment & Extension Requirements
A not-ready announcement must state specific reasons and be accompanied by a detailed and proper motion for continuance.
All announcements of "not ready" must state specific reasons therefore and shall be accompanied by a detailed and proper motion for continuance.
Page 5 | 4.7. Jury Dockets
Civil continuances or passes cannot be agreed, first, or automatic; a specific motion must be presented at least ten days before the hearing or trial and include specified details when based on a scheduling conflict.
There shall be no "agreed," "first" or "automatic" continuances or passes of cases set for hearing. All motions for continuance must be specific and presented at least ten (10) days before the scheduled hearing or trial. If the basis for a continuance is a conflict in settings, the specific style, docket number, court, date of case filing, date of case setting, and the judge scheduled to hear the case will be included in the motion, together with the name, address and telephone number of the person with the other court to be contacted for information regarding the case.
Page 7 | 7.3. Continuances and Passing of Civil Cases
A criminal pretrial hearing may be continued only on a written motion filed before the hearing; first-setting or agreed continuances are barred except as permitted by Chapter 29.
No pretrial hearings will be continued except upon written motion filed prior to the hearing. No Afirst setting@ or Aagreed@ continuances will be permitted by the Court, except when permitted by Chapter 29 of the Texas Code of Criminal Procedure.
Page 8 | 8.5. Pretrial Procedure
A continuance to a subsequent plea setting on the jury docket is considered only if authorized by Chapter 29 or supported by a qualifying joint resetting order with a specific setting date and the required approvals and appearances.
Continuances of cases on jury docket to a subsequent plea setting will be considered by the Court only if Texas Code of Criminal Procedure Chapter 29 authorizes the continuance OR: (I) A joint resetting order approved by the State and the defense is presented to the Court; (ii) The order provides for a specific date on a summary docket date for the setting; (iii) The order provides that all counsel and the defendant will be present on the specified date; and (iv) The order is signed for approval by all counsel and the defendant and complies with Texas Code of Criminal Procedure Chapter 29.
Page 9 | 8.7(d)
A not-ready announcement must be made in a properly formatted, detailed motion for continuance explaining why the case is not ready for trial.
Announcements of "not ready" shall be made in a detailed Motion for Continuance in proper form, containing a detailed explanation of why the case is not ready for trial.
Page 10 | 8.10(b)
Chambers Communication Rules
When a bankruptcy case concludes, counsel must promptly notify the District Court Coordinator and provide a copy of the bankruptcy order.
Once a bankruptcy case has been concluded, whether by discharge, denial of discharge, dismissal or otherwise, counsel shall promptly notify the District Court Coordinator and shall provide a copy of such bankruptcy order so that the affected case may be restored to the active docket or be dismissed as may be appropriate.
Page 15 | 9.10. Bankruptcy
Whenever any party to litigation in this Court files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party=s attorney to notify the attorney appearing for the party in bankruptcy to (I) promptly notify this Court by immediately contacting the District Court Coordinator
Whenever any party to litigation in this Court files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party=s attorney to notify the attorney appearing for the party in bankruptcy to (I) promptly notify this Court by immediately contacting the District Court Coordinator
Page 15 | 9.10. Bankruptcy