Judge Tom Nowak
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Communication
Chambers
Phone
Page & Word Limits1 rule
The 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.
Trial Summary
1 pages
Document Format Requirements3 rules
All exhibits must be present and pre-marked for identification at the pre-trial conference.
o All exhibits present and pre-marked for identification (for the purpose of stipulating to the authenticity and admissibility of exhibits).
Proposed jury charges must be submitted as editable Word documents.
o Proposed jury charges (instructions, definitions, and questions) emailed in editable Word format to the court coordinator.
DOCX
The court prefers the proposed property division in an editable format such as an Excel spreadsheet.
The court prefers an editable format, such as an Excel spreadsheet.
Document Filing Requirements15 rules
If opposing counsel or a party will not sign the order or agree to a trial date, a party 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
Letter
Each party must produce the listed materials at the pre-trial conference.
Each party is must produce the following at the pre-trial conference:
Document Type
Pretrial Materials
For causes of action outside the Family Code, each party must provide a trial summary containing the specified elements, defenses, and, when appropriate, the damages standard.
o A 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
Trial Summary
Each party must email proposed jury charges to the court coordinator in editable Word format at the pre-trial conference.
o Proposed jury charges (instructions, definitions, and questions) emailed in editable Word format to the court coordinator.
Document Type
Proposed Jury Instructions
Each party must provide completed witness and exhibit lists at the pre-trial conference.
o Completed witness lists and exhibit lists.
Document Type
Pretrial Materials
A party may be excused from mediation by filing a written objection with the court that states the reasons for requesting excusal.
Mediation is not required as long as one party files a written objection with the court stating the reasons for requesting excusal.
Document Type
Written Mediation Objection
If opposing counsel or a party will not sign the order or agree to a trial date, a letter describing the filer’s efforts must be filed.
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
Letter
A jury-trial discovery control plan and scheduling order must be completed and signed when the trial is set.
A Jury Trial Discovery Control Plan and Scheduling Order (available on the court website) must be completed and signed when the trial is set.
Document Type
Jury Trial Discovery Control Plan And Scheduling Order
Every trial requires a scheduling order.
ALL TRIALS REQUIRE A SCHEDULING ORDER.
Document Type
Trial Scheduling Order
An ex parte e-filing request will remain in the e-filing queue without action unless the coordinator is alerted by telephone or email.
If you do not call or email the coordinator to alert her that you want the request addressed, it will just remain in the e-filing queue without action.
Document Type
Ex Parte Relief Motion
A request for spousal support or expense division must include a financial information statement listing income and expenses.
If you are asking the Court to order spousal support or divide expenses, you must provide a financial information statement listing income and expenses.
Document Type
Financial Information Statement
An electronically filed ex parte motion with a proposed order requires notice to the court coordinator by telephone or email requesting action.
If you file a motion requesting ex parte relief and submit your proposed order through e-filing, please call or e-mail the court coordinator to let her know that you want action taken on the request.
Document Type
Ex Parte Relief Motion
A request for property division must include a proposed division listing all assets and debts.
If you are asking the Court to divide property, you must provide a proposed property division which lists all assets and debts.
Document Type
Proposed Property Division
Alternatively, a withdrawal motion may proceed without a hearing if it includes a notice letter, certified-mail certification to the client’s last known address, and no objection is filed within ten days of mailing.
(2) the motion is accompanied by a letter that notifies the client of the client’s right to object to the withdrawal within ten days of the date that the letter was mailed; the withdrawing attorney certifies that the motion and letter were sent to the client’s last known address by certified mail; and no objection is filed.
Document Type
Motion To Withdraw
A withdrawal motion may be considered without a hearing when accompanied by a client-consent certificate or a certificate from another lawyer confirming retention.
A motion to withdraw may be granted without a hearing under the following circumstances: (1) the motion is accompanied by a certificate by the client attesting to the client’s consent to the withdrawal or a certificate by another lawyer attesting that the lawyer has been retained to represent the client in the case;
Document Type
Motion To Withdraw
Filing & Service rules
Electronic Filing Rules
When setting a trial, parties should email the court coordinator and electronically file the court’s scheduling-order form with the trial date and deadlines completed.
To set a trial, please email the court coordinator at 366@co.collin.tx.us You will be provided with the Court’s available dates and should work with the other side to get an agreed date. Please e-file the court’s form Scheduling Order (available on the court website) with the trial date and deadline details filled in.
Page 2 | Settings
Requests for ex parte relief may be submitted electronically without appearing in person.
You are also welcome to submit your request for ex parte relief electronically without coming to the courthouse in person.
Page 3 | (Emergency) Ex Parte Relief for cases already filed in the 366th
Filing Timing and Cure Windows
All dispositive motions must be filed and heard at least 30 days before trial.
All dispositive motions (summary judgment, plea to jurisdiction, plea in abatement, etc.) must be filed and heard at least 30 days before trial.
Page 1 | Jury Trial Discovery Control Plan and Scheduling Order
Expert challenges must be heard by the formal pre-trial absent good cause, and written objections must be filed at least 10 days before the hearing.
Unless good cause is shown, all expert challenges shall be heard no later than the formal pre-trial, and written objections must be on file at least 10 days before hearing.
Page 1 | Formal Pre-Trial Conference
Pre-trial motions must be filed at least 10 days before the formal pre-trial conference and will be heard at that conference.
All pre-trial motions (motions in limine, etc.) shall be filed at least 10 days before the formal pre-trial conference and will be heard at the formal pre-trial conference.
Page 1 | Formal Pre-Trial Conference
All dispositive motions must be filed and heard by the date entered in the scheduling order.
All dispositive motions (summary judgment, plea to jurisdiction, plea in abatement, etc.) shall be filed and heard by
Page 1 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER
Expert challenges must be filed at least 10 days before the hearing or trial.
All expert challenges must be filed at least 10 days before hearing/trial.
Page 1 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER
The court will not hear pretrial motions on the jury-selection day without prior leave of court.
The Court will not hear pre-trial motions on the day of jury selection without prior leave of court.
Page 2 | Formal Pre-Trial Conference
Unless good cause is shown, expert challenges must be heard no later than the formal pretrial conference, and written objections must be filed at least 10 days before the hearing.
Unless good cause is shown, all expert challenges shall be heard no later than the formal pre-trial, and written objections must be on file at least 10 days before hearing.
Page 2 | Formal Pre-Trial Conference
All pretrial motions must be filed at least 10 days before the formal pretrial conference and will be heard at that conference.
All pre-trial motions (motions in limine, etc.) shall be filed at least 10 days before the formal pre-trial conference and will be heard at the formal pre-trial conference.
Page 2 | Formal Pre-Trial Conference
A proposed order may be filed with the motion, but it will be rejected if it remains unfiled or pending for 30 days.
We will accept proposed orders if you file them with your motion. It will be rejected if it sits for 30 days.
Page 1 | Paper v. e-file orders
Service and Proof of Service Rules
The State must receive notice before a bond hearing conducted during Thursday or Friday docket.
However, State must be given notice prior to the hearing.
Page 1 | What days are available for settings
Proof of notice must be tendered by filing it or offering it as an exhibit when proceeding without the opposing side present.
If you want to go forward on a motion/hearing without the other side present, you must tender proof of notice to the court either by filing your proof of notice or by offering it as an exhibit for the court reporter.
Page 3 | Proof of Notice
Emergency ex parte relief must comply with local rules on notice, service, and sufficient response time.
Emergency ex parte relief must comply with the Collin County local rules regarding notice, service, and sufficient time to respond.
Page 3 | Proof of Notice
Sealing & Redaction Procedures
Cases may not be sealed by agreement; sealing requires court approval after an evidentiary hearing and cannot occur before final trial.
Parties may not agree to seal cases. Sealing requires court approval after an evidentiary hearing. Cases will not be sealed before final trial. If you are requesting to seal a case, please contact the court coordinator at 366@co.collin.tx.us to schedule the hearing, which will be held after the final judgment is signed.
Page 5 | Restrictions on Sealing Cases
Adjournment & Extension Requirements
Even an agreed trial continuance requires a hearing and court approval.
Any continuance for a trial (even if agreed) requires a hearing with parties and court approval.
Page 3 | Continuances
Trial continuance motions are heard on the Wednesday pretrial-announcement date before the trial setting.
Any such Motions for Continuance will be heard on the Wednesday Pre-Trial Announcement date prior to the trial setting.
Page 3 | Continuances
A future desire to mediate is not a valid basis for requesting a continuance of the trial setting.
The future desire to mediate IS NOT a valid reason for continuance of a trial setting.
Page 1 | Mediation
Parties must be prepared for trial at the first setting, and agreement to a continuance does not ensure that one will be granted.
Be prepared for trial on your FIRST setting. There is no automatic continuance. Just because the parties agree to a continuance, does not mean one will be granted.
Page 1 | CIVIL CASE POLICIES
Chambers Communication Rules
The court must be notified of any interpreter-service need when requesting a remote hearing.
The court MUST be made aware of any need for interpreter services when the hearing is requested.
Page 2 | PROCEDURES FOR LITIGANTS
Telephone-only participants' cell numbers must be included, and an email must still be sent so they receive the Zoom information and telephone numbers.
If any parties or witnesses are participating only by phone, you must include a cell phone number for them so that we can identify the party attempting to access the proceeding. An e-mail is still required so that the party may be sent the Zoom hearing information and telephone numbers.
Page 2 | PROCEDURES FOR LITIGANTS
A requested remote hearing must be scheduled by emailing the court coordinator at the stated address, regardless of case type.
You must email the court coordinator, Misty Beaty, at MBeaty@co.collin.tx.us to schedule your requested hearing REGARDLESS of case type.
Page 2 | PROCEDURES FOR LITIGANTS
A criminal-law-related hearing request must copy Deputy Pond.
Please cc Deputy Pond if the Hearing is Criminal Law related.
Page 2 | PROCEDURES FOR LITIGANTS
The scheduling request must copy opposing counsel or self-represented parties and list the email addresses of all participating parties and witnesses in its body.
The request should copy opposing counsel (or self-represented parties) and, included in the body of the requesting e-mail, all of the e-mail addresses of all parties and witnesses participating needing access to the hearing.
Page 2 | PROCEDURES FOR LITIGANTS
A party planning to walk through an ex parte request must contact the District Clerk’s office before arriving at the courthouse.
If you plan to walk through your request, contact the District Clerk’s office BEFORE you arrive at the courthouse
Page 2 | (Emergency) Ex Parte Relief for cases already filed in the 366th
Request extra security by emailing the court at least two business days before the hearing.
If you think your case might need extra security, please email the court at 366@co.collin.tx.us at least 2 business days before your hearing so that we can schedule sufficient court security in advance.
Page 3 | Safety / Extra Security
The court coordinator must be contacted by email before trial to ensure a required child interview is scheduled on the court calendar.
Contact the court coordinator at 366@co.collin.tx.us before your trial date to ensure the child interview is properly scheduled on the Court’s calendar.
Page 4 | Child Interviews
If the bailiff is unavailable, contact Misty to place the requested setting on the docket.
If Pond is unavailable, please contact Misty to have your setting put on the docket.
Page 1 | Who to Contact for settings
Email may be used to request a criminal-case setting, including the defendant's name, cause number, and attorney's name.
You can also e-mail if more convenient with the same information.
Page 1 | Who to Contact for settings
The scheduling email subject line should identify the cause number and type of hearing requested.
The Subject Line of the email should say: Zoom Hearing Request – [Insert Cause No. of Case] – [Insert Type of Hearing Requested]
Page 2 | PROCEDURES FOR LITIGANTS
The court will host the remote hearing and email all participants the hearing link and call-in number.
The Court will be the host of the hearing, and will email all participants a link for the hearing and a phone number to call in.
Page 2 | PROCEDURES FOR LITIGANTS
Requests to set a hearing should be submitted by email to the court coordinator at the stated address.
To set a hearing, please email the court coordinator at 366@co.collin.tx.us.
Page 1 | Settings