Court Rules

Comal County Courts at Law

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Adjournments

  • A party unable to proceed for good cause must file and serve a written objection within five days after notice, or at least one day before a hearing requested less than five days out; the objection must state specific conflict reasons and provide two alternate available dates, and the objecting party must set it for hearing or move for a continuance.
  • A party may file and seek a hearing on a Motion for Continuance in accordance with TRCP 251.
  • A case may not be reset beyond the time limits established by the Code of Criminal Procedure or the Rules of Judicial Administration.

Request must include

Reason for RequestProposed New Dates

Communication

Email
rileyc@co.comal.tx.us
Scheduling
Filters:

Document Format Requirements8 rules

FormattingMandatoryCivil cases

A proposed judgment or order must include the Presiding Judge’s signature line on its final page, with substantive text preceding it and not on a page by itself.

Applies to
  • Proposed judgment
  • Proposed order

Formatting

  • Do not place the signature line on a page by itself

Court's wording

All proposed judgments or orders shall provide a signature line for the Presiding Judge to sign. The signature line shall not be placed on a page by itself. It must be placed on the final page with a substantive portion of the judgment or order preceding it on the signature page.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 6
|SectionRule 13. Proposed Judgments and Orders
FormattingMandatoryCivil cases

On pretrial motions, attach by separate page on all motions, an Order with the proper cause number and style of case.

FormattingMandatory

Any physical evidence offered at a remote proceeding detention hearing must be displayed so that the court, attorneys, parties, and witness can view it simultaneously.

Tx Comal County Court:d83147a998f9700db77050a0 · Dec 2023 · p. 1
|SectionIII. Procedures for Detention Hearings Conducted as a Remote Proceeding
FormattingMandatory

A testifying party or witness must be clearly seen, identified, and heard on camera; otherwise, the Court will not allow testimony to begin or continue unless the unobstructed-view requirement is met.

Court's wording

The camera of any party or witness who provides testimony must provide an unobstructed view of the party or witness providing testimony. An unobstructed view, for the purposes of this plan, means that the individual can be clearly seen, identified, and heard without any barrier other than a clean camera lens. Consistent with constitutional confrontation requirements, if a party or witness is not on camera, or cannot be clearly seen, the Court will not allow the person to testify or continue to testify unless the witness complies with the requirement of an unobstructed view.

Tx Comal County Court:d83147a998f9700db77050a0 · Dec 2023 · p. 1
|SectionIII. Procedures for Detention Hearings Conducted as a Remote Proceeding
FormattingMandatory

Any physical evidence offered at a remote proceeding detention hearing must be displayed so that the court, attorneys, parties, and witness can view it simultaneously.

Tx Comal County Court:0aa3c9847550cf846bd55d75 · Nov 2023 · p. 1
|SectionIII. Procedures for Detention Hearings Conducted as a Remote Proceeding, D.a
FormattingImportantCivil cases

The proposed docket control order shall be substantially in compliance with the form docket control orders provided by the Court.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 3
|SectionRule 3. Docket Control Order
FormattingImportantCivil cases

b. The parties shall also exchange with opposing counsel a financial statement in a form substantially similar to Form 4.2 of the Texas Family Law Practice Manual.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 4
|SectionSECTION THREE - Domestic Relations, Rule 7. Child Support and Spousal Maintenance
FormattingImportantCivil cases

The form of the inventory shall be substantially similar to the form in §7.1 of the Texas Family Law Practice Manual.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 5
|SectionRule 11. Inventory and Appraisement/Proposed Division of Community Estate — a. Inventory

Document Filing Requirements28 rules

Filing RequirementsMandatoryCivil cases

A motion or request for relief set for hearing must include a Certificate of Conference describing the unsuccessful reasonable effort to resolve the dispute, substantially following either stated form.

Document
Motion or request for relief

Must include

  • Certificate of conference

Court's wording

All motions or requests for relief set for hearing must contain a Certificate of Conference by the filing party that a reasonable effort has been made to resolve the dispute without the necessity of court intervention and the effort failed. The Certificate of Conference should be in substantial compliance with the following language: "The undersigned has conferred with all parties who may be affected by the relief sought in this motion in a good faith effort to resolve or narrow the issues raised herein and agreements could not be reached" or "The undersigned has made reasonable efforts to confer with all parties who may be affected by the relief sought in this motion but has been unable to do so."

Filing RequirementsMandatoryCivil cases

All hearings and final trials must be set by way of a written Motion to Set by the requesting party unless otherwise ordered by the Court. The Motion to Set must include an estimated length of the entire hearing or trial. The hearing or final trial shall not be set unless Rule 1(a) has been complied with.

Filing RequirementsMandatoryCivil cases

In all jury cases, each party shall furnish to the Court and counsel for all other parties that party's proposed Charge of the Court two (2) business days before jury selection unless otherwise provided by order of the Court or written agreement of the parties.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 3
|SectionSECTION TWO - Jury Cases, Rule 4. Jury
Filing RequirementsMandatoryCivil cases

For all civil matters, including family law matters, prior to the first hearing or within thirty (30) days after the last answer is filed, whichever is first, the parties shall submit to the Court a proposed docket control order.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 3
|SectionRule 3. Docket Control Order
Filing RequirementsMandatoryCivil cases

j. No matter will be set unless the Motion to Set or Notice of Setting has been signed by the Court Administrator/Coordinator or as directed by the specific court.

Filing RequirementsMandatoryCivil cases

Unless good cause is shown otherwise, a certificate of completion of a Co-Parenting Seminar must be on file for each parent prior to the parties obtaining a Final Decree of Divorce or Final SAPCR Order or Modification Order.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 4
|SectionSECTION THREE - Domestic Relations, Rule 5. Court Mandated Co-Parenting Seminar
Filing RequirementsMandatoryCivil cases

b. The parties shall also exchange with opposing counsel a financial statement in a form substantially similar to Form 4.2 of the Texas Family Law Practice Manual.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 4
|SectionSECTION THREE - Domestic Relations, Rule 7. Child Support and Spousal Maintenance
Filing RequirementsMandatoryCivil cases

c. Copies of these financial forms shall be available for the Court for any contested hearing involving child support or spousal support.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 4
|SectionSECTION THREE - Domestic Relations, Rule 7. Child Support and Spousal Maintenance
Filing RequirementsMandatoryCivil cases

a. In all contested hearings involving child support or spousal maintenance, each party shall comply with Texas Family Code Chapter 154.063 and provide any financial statements) submitted within the last two years for the purpose of obtaining credit or a loan and present same to opposing counsel as soon as practical but no later than docket call the day of the hearing.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 4
|SectionSECTION THREE - Domestic Relations, Rule 7. Child Support and Spousal Maintenance
Filing RequirementsMandatoryCivil cases

It shall be the responsibility of the parties requesting the child custody evaluator to provide the evaluator a copy of the order and the initial contact information for all parties and counsel.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 5
|SectionRule 10. Child Custody Evaluations — c) Appointment of a Child Custody Evaluator
Filing RequirementsMandatoryCivil cases

A proposed division of the community estate must identify the property and debts to be divided and their values.

Court's wording

Prior to any contested hearing involving division of the community estate, each party shall provide to the other party a proposed division of the estate setting out and identifying the property and debts to be divided and their values at least thirty (30) days prior to the contested hearing.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 5
|SectionRule 11. Inventory and Appraisement/Proposed Division of Community Estate — b. Proposed Division of Community Estate
Filing RequirementsMandatoryCivil cases

The parties shall provide copies of their latest proposed division of property to the Court at any contested hearing.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 6
|SectionRule 11. Inventory and Appraisement/Proposed Division of Community Estate — b. Proposed Division of Community Estate
Filing RequirementsMandatoryCivil cases

All Original Divorce or Suits Affecting Parent-Child Relationship Petitions shall have attached a copy of the Standing Order Regarding Children, Property and Conduct of Parties" ("Standing Order").

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 6
|SectionRule 12. Standing Order of the Court
Filing RequirementsMandatoryCivil cases

A written objection to a proposed judgment must state the reasons for the objection and include any proposed new language; failure to provide written objections and alternative language may be deemed a waiver.

Court's wording

Any party objecting to a proposed judgment shall do so within five (5) business days of the filing of the proposed judgment and shall provide to all parties the reasons for the objection and any proposed new language. Failure to provide written objections and proposed alternative language may be deemed a waiver of objection to the proposed judgment or order.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 6
|SectionRule 13. Proposed Judgments and Orders
Filing RequirementsMandatoryCivil cases

Every judgment or order to be signed by a Judge shall be approved as to form by all attorneys before it is presented to the Judge.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 6
|SectionRule 13. Proposed Judgments and Orders
Filing RequirementsMandatoryCivil cases

At the final pretrial hearing, the parties will make their announcements for trial, providing the Court with their anticipated number of days for trial and whether or not the Defendant intends to go to the Court of the jury for punishment.

Filing RequirementsMandatoryCivil cases

All paperwork shall be prepared in advance, whether it be a negotiated plea or a pretrial motion.

Filing RequirementsMandatoryCivil cases

On pretrial motions, attach by separate page on all motions, an Order with the proper cause number and style of case.

Filing RequirementsMandatoryCivil cases

Final judgments shall be presented to the Court at time of sentencing in all cases involving criminal sentencing, unless the Judge Presiding authorizes a brief delay for good cause shown.

Filing RequirementsMandatoryCivil cases

If the defense attorney or Self-Represented Litigant defendant requests a trial before the Court, a jury waiver must be filed with the Court. The waiver is to be signed and sworn to by defendant and approved by defense counsel and District Attorney.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 8
|SectionSECTION FOUR - Trial Before the Court
Filing RequirementsMandatoryCivil cases

The Prosecutor shall prepare all judgments in criminal cases.

Filing RequirementsMandatoryCivil cases

Except as provided in Rules 8 and 10, withdrawal or substitution may be granted without a hearing only if written client-signed consent is filed.

Court's wording

a. Except as provided in Rules 8 and 10 of the Texas Rules of Civil Procedure, a motion to withdraw or substitute will be granted without a hearing only if the moving attorney: motion to withdraw or by withdrawing counsel and new counsel on motion to Files written consents to the withdrawal/substitution signed by the client on a substitute, in a motion that complies with the Texas Rules of Civil Procedure.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 11
|SectionRule 32. Motions To Withdraw/Substitute As Attorney
Filing RequirementsMandatoryCivil cases

Any written notice of deposition shall contain a certificate of conference as described in Rule 1a, above.

Document
Notice of deposition

Must include

  • Certificate of conference
Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 11
|SectionRule 33. Discovery — Depositions
Filing RequirementsMandatoryCivil cases

Attorneys and self-represented litigants filing pleadings must confirm either that AI was not used to generate the pleading or that they personally verified AI-generated information; signing certifies compliance.

Document
Pleading

Must include

  • AI disclosure

Court's wording

All attorneys and Self-Represented Litigants who file pleadings with the Court shall confirm that artificial intelligence has not been used to generate the pleading or, if artificial intelligence is utilized, that the attorneys and/or Self-Represented Litigants have personally confirmed that the information generated by artificial intelligence is accurate. The signing of the pleading will serve as a certificate that the party and/or the Self-Represented Litigant, and all members of the attorneys' law firm, have complied with this rule.

Tx Comal County Court:a975ee78ee1415454cd8cf1a · p. 12
|SectionRule 34. Certification regarding use of Artificial Intelligence
Filing RequirementsMandatoryCivil cases

The Petitioner must attach this order to the original petition and each copy, and the Clerk must ensure it is attached at filing if the Petitioner has not done so.

Court's wording

The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.

Tx Comal County Court:7388109e805262961c6579d0 · May 2025 · p. 7
|SectionSERVICE AND APPLICATION OF THIS ORDER
Filing RequirementsMandatoryCivil cases

Proof of completion of the program must be filed with the Clerk.

Filing RequirementsImportantCivil cases

If an objection complying with these rules is filed, the party requesting the hearing shall have the right to reset the hearing on any one of the available dates provided by the objecting party by filing and serving a Motion to Set pursuant to the TRCP and these Rules.

Filing RequirementsNoteCivil cases

Both the State and the Defense should be prepared to present proposed jury charges to the Court at this hearing.

Filing & Service rules

Electronic Filing Rules

To formally set a proposed District Court hearing date within the 48-hour period, the party must provide the compliant written Motion to Set or Notice of Setting through the e-file system.

If a proposed date has been provided by the Court Administrator/Coordinator or the Court during a hearing in a District Court proceeding, the date will remain as a potential hearing date for the party's case for 48 hours. If the party does not provide a written Motion to Set or Notice of Setting that complies with these rules to the District Court through the e-file system with the proposed date formally setting it for a hearing within the 48 hour time period, the proposed date will be removed from the District Courts' calendar and the matter will

Civil cases

Page 3 | SECTION ONE - Settings

Judgments and orders must be electronically filed with the Court for entry within 30 days after rendition, unless the Court directs otherwise.

All judgments and orders must be efiled with the Court for entry within thirty (30) days from the date of rendition, unless otherwise directed by the Court.

Civil cases

Page 6 | Rule 13. Proposed Judgments and Orders

Filing Timing and Cure Windows

A written objection to a setting is due within five days after receipt of notice, except that when the hearing is requested less than five days ahead, the objection is due at least one day before the hearing.

If for good cause the opposing party cannot proceed to a hearing or final trial on the requested date, the party shall file and serve a written objection within five (5) days of receipt of notice of the setting, unless the hearing is requested within less than five (5) days, in which event, the written objection must be filed and served at least one (1) day prior to the hearing.

Civil cases

Page 2 | Rule 1. Written Request

The proposed docket control order is due before the first hearing or within 30 days after the last answer is filed, whichever occurs first.

For all civil matters, including family law matters, prior to the first hearing or within thirty (30) days after the last answer is filed, whichever is first, the parties shall submit to the Court a proposed docket control order.

Civil cases

Page 3 | Rule 3. Docket Control Order

In a District Court proceeding, a proposed hearing date remains available for 48 hours; the party must submit a compliant written Motion to Set or Notice of Setting within that period to formally set the date, or the date is removed from the calendar.

If a proposed date has been provided by the Court Administrator/Coordinator or the Court during a hearing in a District Court proceeding, the date will remain as a potential hearing date for the party's case for 48 hours. If the party does not provide a written Motion to Set or Notice of Setting that complies with these rules to the District Court through the e-file system with the proposed date formally setting it for a hearing within the 48 hour time period, the proposed date will be removed from the District Courts' calendar and the matter will

Civil cases

Page 3 | SECTION ONE - Settings

Unless good cause is shown, the certificate must be on file before the parties obtain a Final Decree of Divorce, Final SAPCR Order, or Modification Order.

Unless good cause is shown otherwise, a certificate of completion of a Co-Parenting Seminar must be on file for each parent prior to the parties obtaining a Final Decree of Divorce or Final SAPCR Order or Modification Order.

Civil cases

Page 4 | SECTION THREE - Domestic Relations, Rule 5. Court Mandated Co-Parenting Seminar

A child custody evaluation must be completed and filed with the Court at least 30 days before the final hearing.

Any child custody evaluation pursuant to §107.101, TFC shall be completed and filed with the Court at least thirty (30) days prior to the final hearing.

Civil cases

Page 5 | Rule 10. Child Custody Evaluations — a) Date for Completion

Judgments and orders must be filed for entry within 30 days after rendition, unless the Court directs otherwise.

All judgments and orders must be efiled with the Court for entry within thirty (30) days from the date of rendition, unless otherwise directed by the Court.

Civil cases

Page 6 | Rule 13. Proposed Judgments and Orders

An objection to a proposed judgment is due within five business days after filing, and failure to provide written objections and proposed alternative language may be deemed a waiver.

Any party objecting to a proposed judgment shall do so within five (5) business days of the filing of the proposed judgment and shall provide to all parties the reasons for the objection and any proposed new language. Failure to provide written objections and proposed alternative language may be deemed a waiver of objection to the proposed judgment or order.

Civil cases

Page 6 | Rule 13. Proposed Judgments and Orders

At a dismissal hearing, the case must be dismissed for want of prosecution unless a motion to retain was timely filed and good cause supports keeping the case on the docket.

At the dismissal hearing, the Court shall dismiss the case for want of prosecution unless a motion to retain has been timely filed and there is good cause for the case to remain on the docket.

Civil cases

Page 9 | Rule 22. Dismissal Docket

Vacation or CLE notice must be filed at least 90 days before each designated vacation week.

Such notice must be filed at least ninety (90) days in advance of each designated vacation week.

Civil cases

Page 10 | SECTION FIVE - Miscellaneous

If the offering party is not present in court when physical evidence that cannot be digitized is offered, the evidence must be tendered to the court no later than two days after the remote proceeding.

Physical evidence which cannot be rendered in digital form shall be tendered to the court no later than two days after the remote proceeding if the party offering the evidence is not present in the court when it is offered.

Page 2 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding

Parents of minor children must attend the family stabilization program within 60 days after the specified petition is filed; only the court may grant a waiver.

11. Parents of minor children are required to attend a family stabilization program (Helping Children Cope with Divorce) within 60 days of the filing of the Petition for Divorce or the Suit Affecting the Parent Child Relationship. Waivers may be granted only by order of the court.

Civil cases

Page 9 | Family stabilization program

If the offering party is not in court when physical evidence that cannot be digitized is offered, it must be tendered to the court within two days after the remote proceeding.

Physical evidence which cannot be rendered in digital form shall be tendered to the court no later than two days after the remote proceeding if the party offering the evidence is not present in the court when it is offered.

Page 2 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding, D.c

A TRCP 11-compliant agreement may shorten a required time period notwithstanding TRCP 245 or Rule 1(d).

Notwithstanding the time requirements of TRCP 245 or Rule 1(d) below, an agreement complying with the TRCP 11 may shorten any required time period.

Civil cases

Page 2 | Rule 1. Written Request

Civil cases must be disposed of within the Texas Supreme Court’s published time requirements unless good cause is shown.

All civil cases filed shall be disposed of within the time requirements published by the Texas Supreme Court unless for good cause shown.

Civil cases

Page 9 | Rule 22. Dismissal Docket

An attorney may file vacation or CLE letters covering no more than four weeks in a calendar year.

Each attorney may file vacation and/or CLE letters with the appropriate Court personnel for periods not to exceed four (4) weeks in a given calendar year.

Civil cases

Page 10 | SECTION FIVE - Miscellaneous

Service and Proof of Service Rules

A party may not attend or request an emergency or ex parte hearing without first giving the opposing attorney or self-represented litigant notice after service, so they have an opportunity to attend by an approved method.

Nothing in these local rules shall change any time period or notice requirements that apply to emergency hearings and/or ex parte hearings allowed by the TRCP or the Texas Family Code ("TFC.") No party shall attend or request a hearing in an emergency or ex parte without prior notice to the opposing attorney or Self- Represented Litigant ("SLR"), after service, to afford the opposing attorney/SLR the opportunity to attend the hearing either in person, by telephone or by Zoom, as approved by the Court.

Civil cases

Page 2 | Rule 1. Written Request

If an objection complying with these rules is filed, the party requesting the hearing shall have the right to reset the hearing on any one of the available dates provided by the objecting party by filing and serving a Motion to Set pursuant to the TRCP and these Rules.

If an objection complying with these rules is filed, the party requesting the hearing shall have the right to reset the hearing on any one of the available dates provided by the objecting party by filing and serving a Motion to Set pursuant to the TRCP and these Rules.

Civil cases

Page 2 | Rule 1. Written Request

A written objection to a setting must be served as well as filed by the applicable deadline.

If for good cause the opposing party cannot proceed to a hearing or final trial on the requested date, the party shall file and serve a written objection within five (5) days of receipt of notice of the setting, unless the hearing is requested within less than five (5) days, in which event, the written objection must be filed and served at least one (1) day prior to the hearing.

Civil cases

Page 2 | Rule 1. Written Request

Each party must furnish its proposed Charge of the Court to the Court and all other parties’ counsel two business days before jury selection, unless a court order or written party agreement provides otherwise.

In all jury cases, each party shall furnish to the Court and counsel for all other parties that party's proposed Charge of the Court two (2) business days before jury selection unless otherwise provided by order of the Court or written agreement of the parties.

Civil cases

Page 3 | SECTION TWO - Jury Cases, Rule 4. Jury

The parties must exchange the financial statement with opposing counsel.

b. The parties shall also exchange with opposing counsel a financial statement in a form substantially similar to Form 4.2 of the Texas Family Law Practice Manual.

Civil cases

Page 4 | SECTION THREE - Domestic Relations, Rule 7. Child Support and Spousal Maintenance

At contested child-support or spousal-maintenance hearings, each party must present the specified financial statements to opposing counsel as soon as practical, no later than docket call on the hearing day.

a. In all contested hearings involving child support or spousal maintenance, each party shall comply with Texas Family Code Chapter 154.063 and provide any financial statements) submitted within the last two years for the purpose of obtaining credit or a loan and present same to opposing counsel as soon as practical but no later than docket call the day of the hearing.

Civil cases

Page 4 | SECTION THREE - Domestic Relations, Rule 7. Child Support and Spousal Maintenance

For a contested hearing involving division of the community estate, each party must provide the other party a proposed division identifying the property and debts to be divided and their values at least 30 days before the hearing.

Prior to any contested hearing involving division of the community estate, each party shall provide to the other party a proposed division of the estate setting out and identifying the property and debts to be divided and their values at least thirty (30) days prior to the contested hearing.

Civil cases

Page 5 | Rule 11. Inventory and Appraisement/Proposed Division of Community Estate — b. Proposed Division of Community Estate

For a contested hearing involving property, each party must provide the other party a sworn Inventory and all necessary Appraisements at least 30 days before the hearing.

Prior to any contested hearing involving property, each party shall provide to the other party a sworn Inventory and all necessary Appraisements at least thirty (30) days prior to the contested hearing.

Civil cases

Page 5 | Rule 11. Inventory and Appraisement/Proposed Division of Community Estate — a. Inventory

A party objecting to a proposed judgment must provide all parties the reasons for the objection and any proposed new language.

Any party objecting to a proposed judgment shall do so within five (5) business days of the filing of the proposed judgment and shall provide to all parties the reasons for the objection and any proposed new language.

Civil cases

Page 6 | Rule 13. Proposed Judgments and Orders

The prevailing party or party assigned or agreeing to prepare the judgment or order must furnish opposing parties a copy within 21 days from rendition or hearing.

The prevailing party or the party who is directed to or has agreed to prepare the judgment or order shall furnish all opposing parties with a copy of the proposed judgment or order within twenty-one (21) days from the date of rendition/hearing.

Civil cases

Page 6 | Rule 13. Proposed Judgments and Orders

If a counsel receives a request to attend a hearing in which they had previously filed vacation and/or CLE letters with appropriate Court personnel that complies with these rules, they shall immediately provide to the party requesting the setting a copy of the vacation and/or CLE letter along with a request to remove the matter from the requested setting date and notification to the appropriate Court personnel.

If a counsel receives a request to attend a hearing in which they had previously filed vacation and/or CLE letters with appropriate Court personnel that complies with these rules, they shall immediately provide to the party requesting the setting a copy of the vacation and/or CLE letter along with a request to remove the matter from the requested setting date and notification to the appropriate Court personnel.

Civil cases

Page 10 | SECTION FIVE - Miscellaneous

Pre-Motion Conference Requirements

Parties must confer about discovery disputes before setting a motion for hearing, and failure to confer may be a basis for sanctions.

Parties must confer on any discovery disputes prior to setting any motion for hearing. Failure to confer by either party may be a basis for sanctions.

Civil cases

Page 11 | Rule 33. Discovery — Written Discovery

Adjournment & Extension Requirements

A party unable to proceed for good cause must file and serve a written objection within five days after notice, or at least one day before a hearing requested less than five days out; the objection must state specific conflict reasons and provide two alternate available dates, and the objecting party must set it for hearing or move for a continuance.

If for good cause the opposing party cannot proceed to a hearing or final trial on the requested date, the party shall file and serve a written objection within five (5) days of receipt of notice of the setting, unless the hearing is requested within less than five (5) days, in which event, the written objection must be filed and served at least one (1) day prior to the hearing. The objection shall include the specific reason(s) for the conflict, including but not limited to the styles and cause numbers of any cases for which a court setting, mediation, deposition, or other matter is a reason for the conflict. In addition to providing the specific reason(s) for the conflict, the party objecting shall also provide two (2) alternate available dates obtained from the Court Administrator/Coordinator, on which they are available for the hearing or final trial. Failure to comply may waive the objection. It shall be the responsibility of the objecting party to set the Objection to Setting for hearing or to file a motion for continuance on the setting. Failure to appear will waive the objection.

Civil cases

Page 2 | Rule 1. Written Request

A case may not be reset beyond the time limits established by the Code of Criminal Procedure or the Rules of Judicial Administration.

In no event shall the case be reset beyond the time limits set out in the Code of Criminal Procedure or the Rules of Judicial Administration.

Civil cases

Page 7 | SECTION ONE - Settings

A party may file and seek a hearing on a Motion for Continuance in accordance with TRCP 251.

Nothing in these rules shall prevent a party from filing and seeking a hearing on a Motion for Continuance in accordance with TRCP 251.

Civil cases

Page 2 | Rule 1. Written Request

Chambers Communication Rules

Before setting a hearing or trial, the requesting party must contact the Court Administrator/Coordinator and secure available dates, preferably by email or another method the Coordinator specifies.

Prior to setting any hearing or trial, the party wishing to set the matter shall first contact the Court Administrator/Coordinator and secure available dates for the hearing or trial, preferably via email or other method as set by the Court Administrator/Coordinator.

Civil cases

Page 1 | Rule 1. Written Request

When all parties agree a setting is unnecessary, they must email the Court Administrator/Coordinator that they are passing the hearing; the matter remains on the calendar until all necessary parties notify the Court in writing.

I. When all parties have agreed that a setting is no longer necessary, the parties shall advise the Court Administrator/Coordinator, via email, that the parties are passing the hearing. The matter will not be removed from the Court's calendar until all necessary parties have notified the Court in writing.

Civil cases

Page 3 | SECTION ONE - Settings

If good cause prevents defense counsel from attending a hearing or trial on the set date, counsel must notify the Court Administrator or appropriate Court personnel in writing within five days after receiving the setting notice and state the reason.

If, for good cause, defense counsel cannot attend a hearing or go to trial on such date, defense counsel shall, within five (5) days of receipt of the setting notice, advise the Court Administrator or appropriate Court personnel in writing stating such reason.

Civil cases

Page 7 | SECTION ONE - Settings

Anyone expecting to be late or absent from docket call must promptly notify the Court and all parties, giving the reason and estimated arrival time.

Attorneys or Self-Represented Litigants who do not expect to be on time or present in the Courtroom during docket call must promptly notify the Court and all parties, and give a reason for the delay, and an estimated time of arrival.

Civil cases

Page 8 | SECTION ONE - Docket Call

Anyone requiring a licensed interpreter must notify the Court Administrator or Coordinator at least 10 days before the setting, or as soon as practicable if fewer than 10 days remain.

Any party or Self-Represented Litigant who requires a Licensed Interpreter is required to notify the Court Administrator/Coordinator not less than ten (10) days prior to the setting, or if less than 10 days, as soon as practicable.

Civil cases

Page 9 | SECTION THREE - Interpreters

If a hearing or trial is canceled, the attorney or self-represented litigant who requested the court-appointed interpreter must immediately notify the Court Administrator or Coordinator.

In the event a hearing or trial is canceled, the attorney or Self-Represented Litigant who requested the Court Appointed Interpreter is required to notify the Court Administrator/Coordinator immediately.

Civil cases

Page 9 | SECTION THREE - Interpreters

If a counsel receives a request to attend a hearing in which they had previously filed vacation and/or CLE letters with appropriate Court personnel that complies with these rules, they shall immediately provide to the party requesting the setting a copy of the vacation and/or CLE letter along with a request to remove the matter from the requested setting date and notification to the appropriate Court personnel.

If a counsel receives a request to attend a hearing in which they had previously filed vacation and/or CLE letters with appropriate Court personnel that complies with these rules, they shall immediately provide to the party requesting the setting a copy of the vacation and/or CLE letter along with a request to remove the matter from the requested setting date and notification to the appropriate Court personnel.

Civil cases

Page 10 | SECTION FIVE - Miscellaneous

An attorney scheduled in multiple counties at the same time must contact opposing counsel and each county’s coordinator before docket call with notice of the conflict and an estimated appearance time.

It shall be the obligation of each attorney who is set in more than one county at the same time and date to contact opposing counsel and the appropriate coordinator in each county prior to docket call to notify them of their conflict and giving them a best time estimate as to when they will appear in that county on that date.

Civil cases

Page 9

When practicable, digital copies of physical evidence that can be prepared should be emailed to the court and counsel before the hearing.

When digital copies of physical evidence can be prepared, such as audio / video recordings, documents, or images, the digital copies should be emailed to the court at rileyc@co.comal.tx.us and to counsel for the parties before the hearing if practicable.

Page 1 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding, D.b

Parties seeking an expedited hearing on objections may request a hearing with any judge available to hear the objection.

m. Parties seeking a hearing on objections on an expedited basis may request a hearing with any judge available to hear the objection.

Civil cases

Page 3 | SECTION ONE - Settings

In District Court proceedings, a party may confer with the Court Administrator/Coordinator or the Court during a hearing to obtain a proposed hearing or final-trial date.

k. DISTRICT COURTS ONLY - A party conferring with the Court Administrator/Coordinator, or directly with the Court during a hearing may obtain a proposed date for a hearing or final trial.

Civil cases

Page 3 | SECTION ONE - Settings

If practicable, digital copies of physical evidence that can be prepared should be emailed to the court and counsel for the parties before the hearing.

When digital copies of physical evidence can be prepared, such as audio / video recordings, documents, or images, the digital copies should be emailed to the court at rileyc@co.comal.tx.us and to counsel for the parties before the hearing if practicable.

Page 1 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding

Common questions about Comal County Courts at Law rules

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

Parties must confer about discovery disputes before setting a motion for hearing, and failure to confer may be a basis for sanctions.

View ruleSource: page 11, section Rule 33. Discovery — Written Discovery

What must be included with proposed charge of the court filings in Comal County Courts at Law?

Each party must furnish its proposed Charge of the Court to the Court and all other parties’ counsel two business days before jury selection, unless a court order or written party agreement provides otherwise.

View ruleSource: page 3, section SECTION TWO - Jury Cases, Rule 4. Jury

What must be included with notice of deposition filings in Comal County Courts at Law?

The rule requires certificate of conference. A written deposition notice must contain a certificate of conference as described in Rule 1a.

View ruleSource: page 11, section Rule 33. Discovery — Depositions

How may parties contact Comal County Courts at Law?

Anyone expecting to be late or absent from docket call must promptly notify the Court and all parties, giving the reason and estimated arrival time.

View ruleSource: page 8, section SECTION ONE - Docket Call

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

The request must include reason for request and proposed new dates. A party unable to proceed for good cause must file and serve a written objection within five days after notice, or at least one day before a hearing requested less than five days out; the objection must state specific conflict reasons and provide two alternate available dates, and the objecting party must set it for hearing or move for a continuance.

View ruleSource: page 2, section Rule 1. Written Request

Is electronic filing required in Comal County Courts at Law?

Yes. Electronic filing is required for the covered filings. To formally set a proposed District Court hearing date within the 48-hour period, the party must provide the compliant written Motion to Set or Notice of Setting through the e-file system.

View ruleSource: page 3, section SECTION ONE - Settings

What filing deadlines does Comal County Courts at Law set?

A written objection to a setting is due within five days after receipt of notice, except that when the hearing is requested less than five days ahead, the objection is due at least one day before the hearing.

View ruleSource: page 2, section Rule 1. Written Request

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

A written objection to a setting must be served as well as filed by the applicable deadline.

View ruleSource: page 2, section Rule 1. Written Request
Complete rules summary for Comal County Courts at Law

Each party must furnish its proposed Charge of the Court to the Court and all other parties’ counsel two business days before jury selection, unless a court order or written party agreement provides otherwise.

Anyone expecting to be late or absent from docket call must promptly notify the Court and all parties, giving the reason and estimated arrival time.

A written deposition notice must contain a certificate of conference as described in Rule 1a.

Except as provided in Rules 8 and 10, withdrawal or substitution may be granted without a hearing only if written client-signed consent is filed.

Before setting a hearing or trial, the requesting party must contact the Court Administrator/Coordinator and secure available dates, preferably by email or another method the Coordinator specifies.

A motion or request for relief set for hearing must include a Certificate of Conference describing the unsuccessful reasonable effort to resolve the dispute, substantially following either stated form.

A TRCP 11-compliant agreement may shorten a required time period notwithstanding TRCP 245 or Rule 1(d).

Unless the Court orders otherwise, the requesting party must use a written Motion to Set that estimates the entire hearing or trial length, and Rule 1(a) must be satisfied before setting it.

A party unable to proceed for good cause must file and serve a written objection within five days after notice, or at least one day before a hearing requested less than five days out; the objection must state specific conflict reasons and provide two alternate available dates, and the objecting party must set it for hearing or move for a continuance.

A written objection to a setting is due within five days after receipt of notice, except that when the hearing is requested less than five days ahead, the objection is due at least one day before the hearing.

A written objection to a setting must be served as well as filed by the applicable deadline.

A party may not attend or request an emergency or ex parte hearing without first giving the opposing attorney or self-represented litigant notice after service, so they have an opportunity to attend by an approved method.

A party may file and seek a hearing on a Motion for Continuance in accordance with TRCP 251.

After a compliant objection is filed, the hearing-requesting party may reset the hearing to one of the objector’s available dates by filing and serving a Motion to Set.

If an objection complying with these rules is filed, the party requesting the hearing shall have the right to reset the hearing on any one of the available dates provided by the objecting party by filing and serving a Motion to Set pursuant to the TRCP and these Rules.

A matter will not be set unless the Motion to Set or Notice of Setting has the required signature.

In District Court proceedings, a party may confer with the Court Administrator/Coordinator or the Court during a hearing to obtain a proposed hearing or final-trial date.

In a District Court proceeding, a proposed hearing date remains available for 48 hours; the party must submit a compliant written Motion to Set or Notice of Setting within that period to formally set the date, or the date is removed from the calendar.

To formally set a proposed District Court hearing date within the 48-hour period, the party must provide the compliant written Motion to Set or Notice of Setting through the e-file system.

When all parties agree a setting is unnecessary, they must email the Court Administrator/Coordinator that they are passing the hearing; the matter remains on the calendar until all necessary parties notify the Court in writing.

Parties seeking an expedited hearing on objections may request a hearing with any judge available to hear the objection.

In civil matters, the parties must submit a proposed docket control order before the first hearing or within 30 days after the last answer is filed, whichever occurs first.

The proposed docket control order is due before the first hearing or within 30 days after the last answer is filed, whichever occurs first.

A proposed docket control order must substantially comply with the Court-provided form docket control orders.

Each party must furnish its proposed Charge of the Court to the Court and all other parties’ counsel two business days before jury selection, unless a court order or written party agreement provides otherwise.

Unless good cause is shown, each parent must have a Co-Parenting Seminar completion certificate on file before the parties obtain a Final Decree of Divorce, Final SAPCR Order, or Modification Order.

Unless good cause is shown, the certificate must be on file before the parties obtain a Final Decree of Divorce, Final SAPCR Order, or Modification Order.

At contested child-support or spousal-maintenance hearings, each party must provide opposing counsel financial statements submitted within the previous two years to obtain credit or a loan, as soon as practical and no later than docket call on the hearing day.

At contested child-support or spousal-maintenance hearings, each party must present the specified financial statements to opposing counsel as soon as practical, no later than docket call on the hearing day.

The parties must exchange with opposing counsel a financial statement substantially similar in form to Form 4.2 of the Texas Family Law Practice Manual.

More Judges in Comal County Courts at Law

Charles A. Stephens II
Judge
Deborah Linnartz Wigington
Judge
Kristen Hoyt
Judge
Randy Gray
Judge