Judge Benjamin N. Smith
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Communication
Chambers
Phone
Page & Word Limits1 rule
The joint trial summary should be limited to one page.
This summary is intended to be an aid for the Court and should be limited to one page.
Joint Trial Summary
1 pages
Document Format Requirements8 rules
Documents must be submitted as PDFs.
Documents must be submitted in PDF format.
Photograph exhibits must be submitted in PDF, JPG, or PNG format.
Photographs must be submitted in PDF, JPG, or PNG format.
Each exhibit filename must contain a distinct corresponding identifier.
The filename for each exhibit must include a distinct, corresponding identifier (e.g., “P1,” “P2,”).
Video-recording exhibits must be submitted in MP4 format.
Video recordings must be submitted in MP4 format.
In jury cases, each party must provide proposed jury charges in hard copy and by email in editable Word format to the Court Coordinator.
For a jury case, proposed jury charges (instructions, definitions, and questions) in hard copy and emailed in editable Word format to the Court Coordinator.
DOCX
Exhibits produced for the pre-trial conference must be pre-marked for identification.
All exhibits produced to court reporter and pre-marked for identification (for the purpose of stipulating to the authenticity and admissibility of exhibits).
Proposed jury charges must be submitted in editable Word format.
Proposed jury charges (instructions, definitions, and questions) in hard copy and emailed in editable Word format to the court coordinator.
DOCX
In a jury case, proposed jury charges must be supplied to the Court Coordinator in hard copy and by email in editable Word format.
For a jury case, proposed jury charges (instructions, definitions, and questions) in hard copy and emailed in editable Word format to the Court Coordinator.
DOCX
Document Filing Requirements15 rules
Each testifying expert disclosure must include all information required by the applicable rules.
A testifying expert disclosure must include all information required by the rules.
Document Type
Testifying Expert Disclosure
Required pretrial disclosures must be exchanged among the parties and filed with the court by the specified date in compliance with Rule 194.4.
Required pretrial disclosures must be exchanged and filed with the Court by (date certain in compliance with Rule 194.4): _____________________________________________________
Document Type
Pretrial Disclosures
The party seeking affirmative relief and each other party must provide testifying expert disclosures by the specified dates in compliance with Rule 195.
Testimony expert disclosures: the party seeking affirmative relief on an issue shall provide testifying expert disclosures by (date certain in compliance with Rule 195) __________________ each other party shall provide testifying expert disclosures by ____________________________
Document Type
Testifying Expert Disclosure
Each party must produce all exhibits to the court reporter and pre-mark them for identification at the formal pre-trial conference.
All exhibits produced to court reporter and pre-marked for identification (for the purpose of stipulating to the authenticity and admissibility of exhibits).
Document Type
Exhibits
Each party must designate at the formal pre-trial conference any deposition testimony it intends to offer.
Designation of any deposition testimony to be offered.
Document Type
Deposition Designation
Each party must produce completed witness lists and exhibit lists at the formal pre-trial conference.
Completed witness lists and exhibit lists.
Document Type
Pretrial Witness And Exhibit Lists
Each party must provide proposed jury instructions, definitions, and questions in hard copy and editable Word format to the court coordinator.
Proposed jury charges (instructions, definitions, and questions) in hard copy and emailed in editable Word format to the court coordinator.
Document Type
Jury Instructions
For causes of action outside the Family Code, the parties must provide a joint trial summary containing each cause-of-action and defense element and, when appropriate, the precise legal damages standard.
A JOINT trial summary for any cause of action outside the Family Code, including each element of each cause of action and defense and, if appropriate, a precise legal standard for measure of damages.
Document Type
Joint Trial Summary
Every discovery motion or request for a discovery hearing must include a certificate of conference.
**Per Rule 191.2, all discovery motions or requests for hearing relating to discovery must contain a certificate of conference**
Document Type
Discovery Motion Or Hearing Request
Every discovery motion or request for a hearing relating to discovery must include a certificate of conference.
**Per Rule 191.2, all discovery motions or requests for hearing relating to discovery must Date: contain a certificate of conference**
Document Type
Discovery Motion
An expert must be properly disclosed with all information required by the rules or the expert will not be permitted to testify.
Any expert not properly disclosed will not be permitted to testify. A testifying expert disclosure must include all information required by the rules.
Document Type
Testifying Expert Disclosure
A proposed property division labeled Exhibit 0 must be provided to the court at the beginning of trial and must list all assets and liabilities by character.
A Proposed Property Division labeled as Exhibit 0 shall be provided to the Court at the beginning of trial which lists all assets and liabilities, whether community, separate, or mixed character.
Document Type
Proposed Property Division
In divorce cases, each party must serve the other party within 30 days of the order with a sworn inventory describing and valuing all property and listing all debts and creditors.
Sworn Inventory: For Divorce cases, each party shall serve the other party within 30 days of this Order with a sworn inventory setting forth a description and value of all property (real or personal; community, separate, and mixed) owned or claimed by the parties and a list of all debts (stating the creditor and amount) owed by the parties
Document Type
Sworn Inventory
The exhibit-submission email subject should identify the case number and use the party-role designation followed by “Exhibits.”
The subject of the email should include the case number and “[Plaintiff/Petitioner/Respondent, etc.] Exhibits.”
Document Type
Exhibits
If a party cannot obtain opposing counsel's or the opposing party's signature or agreement to a trial date, it must file a letter describing its efforts and submit a proposed scheduling order.
If you cannot get an opposing counsel or party to sign this order or agree to a trial date, please file a letter describing your efforts and submit your proposed scheduling order to the court
Document Type
Proposed Scheduling Order
Filing & Service rules
Electronic Filing Rules
An attorney or self-represented party offering hearing exhibits must email them as attachments to all counsel of record, any self-represented opposing party, the Court Reporter, and the Court by noon on the day before the hearing.
If an attorney (or self-represented party) intends to offer exhibits during the hearing, the person must email the exhibits (as attachments) to all counsel of record and any self- represented opposing party; to the Court Reporter (kkimbrell@co.collin.tx.us); and to the Court (380@co.collin.tx.us) no later than 12:00 p.m. the day before the hearing.
Page 1 | RULES FOR REMOTE PROCEEDINGS
Filing Timing and Cure Windows
The state must receive at least three days’ notice for any writ or bond hearing.
The state must be given at least three days’ notice for any writ or bond hearing.
Page 1 | When hearings are scheduled
An objection or motion to exclude or limit expert testimony must be filed at least 30 days before trial and heard by the pre-trial conference or it is waived; the deadline cannot be moved without leave of court.
MOTIONS TO EXLUDE EXPERT TESTIMONY. Any objection or motion to exclude Trial Setting or limit expert testimony must be filed at least thirty (30) days before trial and heard at or Date: before the pre-trial conference or it is waived. **This deadline cannot be moved without leave of court**
Page 3 | Motions to Exclude Expert Testimony
Summary-judgment motions must be filed, set for hearing, and heard at least 30 days before trial or they are waived absent leave of court; the deadline cannot be moved without leave of court.
MOTIONS FOR SUMMARY JUDGMENT. All motions for summary judgment Trial Setting motions must be filed, set for hearing, and heard at least thirty (30) days before trial or they Date: are waived, absent leave of court. **This deadline cannot be moved without leave of court**
Page 3 | Motions for Summary Judgment
Exhibits not timely emailed to every listed participant will not be admitted or considered.
The Court will not admit nor consider any exhibits that are not emailed to each of the above participants in a timely manner.
Page 1 | RULES FOR REMOTE PROCEEDINGS
Each party must file or exchange inventory and income information by the deadline entered on the form.
13. INVENTORY/PRODUCTION: Each party to file/exchange Inventory & income information on or before:
Page 2 | Inventory/Production
All dispositive motions must be filed, set for hearing, and heard at least 30 days before trial or they will be waived.
All dispositive motions (summary judgment, plea to jurisdiction, plea in abatement, etc.) must be filed, set for hearing, and heard at least 30 days before trial or they are waived.
Page 1 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER (FAMILY BENCH TRIAL)
All Daubert or Dupont expert challenges must be filed, set for hearing, and heard at least 30 days before trial or they will be waived.
All expert challenges (Daubert/Dupont) must be filed, set for hearing, and heard at least 30 days before trial or they are waived.
Page 1 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER (FAMILY BENCH TRIAL)
A motion to compel or an objection or complaint about initial disclosures must be filed within 14 days after the discovery deadline, except for exclusion under Rule 193.6.
Any motion to compel responses and/or all objections or complaints about initial disclosures must be filed no later than 14 days after the discovery deadline or such complaint is waived, except for the sanction of exclusion under Rule 193.6.
Page 1 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER (FAMILY BENCH TRIAL)
Counsel may file a proposed order with the motion, bring it to the hearing, or submit it within one to two days after the hearing concludes.
A proposed order may be filed simultaneously with a motion, or if counsel prefers, counsel may file the motion and bring a proposed order to the hearing or submit an order within 1-2 days after the hearing is concluded.
Page 1 | Paper v. electronic orders
Discovery requests must be propounded early enough for responses to be timely before the discovery deadline.
Discovery requests must be propounded in adequate time to allow a timely response by the discovery deadline.
Page 1 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER (FAMILY BENCH TRIAL)
Service and Proof of Service Rules
A party joining an additional party must serve the scheduling order on the new party concurrently with the joinder pleading.
NOTE: The party joining an additional party must serve a copy of this Order on the Date: new party concurrently with the pleading joining the new party.
Page 1 | Joinder of Parties
A party seeking affirmative relief must serve its expert designation and provide written expert reports by the section's 120-days-before-trial deadline.
EXPERT DESIGNATIONS OF PARTY SEEKING AFFIRMATIVE RELIEF. Parties seeking affirmative relief shall serve his/her/its designation of experts and provide written reports of such experts.
Page 2 | Expert Designations of Party Seeking Affirmative Relief
A party opposing affirmative relief must serve its expert designation and provide written expert reports by the section's 90-days-before-trial deadline.
EXPERT DESIGNATIONS OF PARTY OPPOSING AFFIRMATIVE RELIEF. Trial Setting Parties opposing affirmative relief shall serve his/her/its designation of experts and provide written reports of such experts.
Page 2 | Expert Designations of Party Opposing Affirmative Relief
Parties seeking affirmative relief must serve their rebuttal expert designations and provide written reports of those experts.
DESIGNATION OF REBUTTAL EXPERTS. Parties seeking affirmative relief shall Trial Setting serve his/her/its designation of rebuttal experts and provide written reports of such experts.
Page 2 | Designation of Rebuttal Experts
Exhibits must be emailed to all counsel of record and any self-represented opposing party by noon on the day before the hearing.
If an attorney (or self-represented party) intends to offer exhibits during the hearing, the person must email the exhibits (as attachments) to all counsel of record and any self- represented opposing party; to the Court Reporter (kkimbrell@co.collin.tx.us); and to the Court (380@co.collin.tx.us) no later than 12:00 p.m. the day before the hearing.
Page 1 | RULES FOR REMOTE PROCEEDINGS
Parties must serve all other parties with amended pleadings asserting new claims or defenses by the specified amended-pleadings deadline.
Parties shall file with the Court and serve all other parties with any amended pleadings asserting new causes of action/claims for affirmative relief or defenses by this date.
Page 1 | AMENDED PLEADINGS
A party joining an additional party must serve the new party with a copy of the order concurrently with the joinder pleading.
The party joining an additional party must serve a copy of this Order on the new party concurrently with the pleading joining the new party.
Page 2 | JOINDER OF PARTIES
In divorce cases, each party must serve the required sworn inventory on the other party within 30 days after the order.
Sworn Inventory: For Divorce cases, each party shall serve the other party within 30 days of this Order with a sworn inventory setting forth a description and value of all property (real or personal; community, separate, and mixed) owned or claimed by the parties and a list of all debts (stating the creditor and amount) owed by the parties
Page 2 | Sworn Inventory
Adjournment & Extension Requirements
Resetting or continuing the initial trial setting does not alter existing deadlines absent a Rule 11 agreement or a court order entered after a good-cause motion.
Reset or continuance of the Initial Trial Setting will not alter any deadline established by this Order or established by the Texas Rules of Civil Procedure, unless specifically provided by Rule 11 of the parties or Court order after motion showing good cause.
Page 1 | Trial Setting
A reset or continuance of the initial trial setting does not alter existing deadlines unless the parties agree under Rule 11 or the court orders otherwise after a motion showing good cause.
Reset or continuance of the Initial Trial Setting will not alter any deadline established by this Order or established by the Texas Rules of Civil Procedure, unless specifically provided by Rule 11 of the parties or Court order after motion showing good cause.
Page 1 | DISCOVERY CONTROL PLAN AND SCHEDULING ORDER (Level 1 or 2 - Civil)
The court generally will not continue a trial date agreed to by the parties or attorneys, except in an emergency or for other good cause.
It is the policy of this Court not to grant a continuance of any trial setting when such date has been agreed to by the parties or attorneys, except in an emergency or for other good cause shown.
Page 2 | Bench Trial
Chambers Communication Rules
Each remote participant's email address must be sent to the Court by noon on the day before the hearing.
The Court (380@co.collin.tx.us) must receive the email address of each person who will be participating remotely no later than 12:00 P.M. the day before the hearing.
Page 1 | RULES FOR REMOTE PROCEEDINGS
Contact Luke Eichner by phone or email when requesting a setting and provide the requested case information.
Contact Luke Eichner by phone, text or email. Provide your name, defendant’s name, and case number (if available).
Page 1 | Who to contact for setting
Judge Smith may be contacted by phone at 214-498-0037 if the other setting contacts are unavailable.
If all else fails, you may contact Judge Smith at 214-498-0037.
Page 1 | Who to contact for setting