Coryell County Court at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements22 rules
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
If the petitioner has not attached the order, the clerk must ensure it is attached to the petition and every copy presented when the petition is filed.
Court's wording
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.
All pleadings, motions, and other relief requested for the Court to consider shall be filed with a cover letter with instructions to the clerk regarding the specific relief requested.
To obtain a contested-proceeding setting, an attorney must first contact the court coordinator, coordinate the date with opposing counsel, and forward an agreed setting form stating the requested date for signature and filing.
Court's wording
(1) Any attorney ofrecord may obtain a setting' for a contested proceeding by first contacting the court coordinator of the appropriate Comt for available dates. All setting dates shall be coordinated with opposing counsel. After an agreed date is reached between the attorneys, an agreed setting form shall be forwarded with the agreed date requested to the court coordinator. The agreed setting form will then be signed by court coordinator and filed with the clerk of the Court.
The notice shall clearly state that any party may either request a hearing or submit a written response on or before a specific submission date that is _at least ten (10) days after service of such statement.
To request a remote hearing, file a motion for the relief requested with the Clerk.
If coordination does not produce an agreed setting date, the requesting attorney must file a motion explaining the basis for the motion, coordination attempts, and requested dates.
Court's wording
If an agreed setting date cannot be achieved after attempting to coordinate a date with opposing counsel, the requesting attorney shall file a motion for a notice of hearing for the contested proceeding explaining the basis for motion, the attempts made to coordinate with opposing counsel, and the dates requested.
When presenting an ex parte application, counsel must provide a written certification addressing whether the opposing party is represented and, if so, whether opposing counsel was notified or could not be notified despite diligent efforts.
Court's wording
Counsel presenting any application for an ex parte order shall, at the time the application is presented to the Court, certify in writing that: a. to the best of Counsel knowledge, the party against whom the relief is sought is not represented by Counsel; or b. if the party against whom the relief is sought is represented by Counsel, that (i) such Counsel has been notified of the application and does not wish to be heard by the Court; or (ii) Counsel presenting the application has diligently attempted to notify opposing Counsel, has been unable to do so, and the circumstances do not permit additional efforts to give such notice.
A proposed notice-of-hearing order must include the case number and style, the proceeding or ruling sought, contact information for each attorney, and the estimated hearing time for both sides.
Court's wording
The notice of hearing proposed order shall provide the following information. (a) the cause number and style of the case. (b) the nature of the hearing, trial or ruling sought. (c) the name, address, email, and telephone number of each attorney. (d) the amount of time estimated by the requesting party to be required for such hearing for both sides.
At any time after the filing of an answer or entry of an appearance by the , opposing party, any party may request a setting for a trial on the merits or, where applicable, a pretrial hearing, by (i) filing with the Court a motion requesting a trial and an order setting the trial, accompanied by a certificate of service to · opposing Counsel; or (ii) orally requesting the Court to schedule the hearing and confirming the setting by letter filed with the clerk of the Court, a copy of which shall be served on opposing Counsel in accordance with Rule 21 a of the Texas Rules of Civil Procedure, as amended.
- Document
- Trial or pretrial setting request
Must include
- •Certificate of service
All requests for a setting shall include an estimate of the amount of court time required for the pretrial hearing and the trial.
If another attorney is not to be substituted as attorney for the party or if the party does not consent to the motion to withdraw, the withdrawing attorney shall notify the client in writing that the Court will be requested to sign an order granting the withdrawal on or after ten ( 10) days following the date of such notice.
After referral to ADR, no further discovery may be conducted unless the parties file a written agreement with the clerk or obtain a court order.
Court's wording
After the case has been referred to an ADR procedure by the paiiies or the Cami, no further discovery under the Texas Rules of Civil Procedure shall be conducted, except by written agreement of the parties filed with the clerk of the court, or by court order.
In cases involving property in dispute, counsel for each party shall prepare a sworn list of property involved with estimates of value noted thereon.
A copy of the list shall be presented to the Court prior to any testimony being offered. Prior to the final hearing, the Court shall be furnished a copy of each party's inventory.
Once date is selected and agreed upon, all attorneys of record/pro se parties must sign and send completed Coryell County Setting Request Form (hereinafter "SRF") to the Court Coordinator for final approval and confirmation.
If the parties cannot agree on a setting after attempting to coordinate, the requesting attorney must either file a motion explaining the basis, coordination attempts, and requested dates, or follow the statutory requirements and Local Rule 2.3 et al.
Court's wording
If an agreed setting date cannot be reached after attempting to coordinate a date with opposing counsel/parties, the requesting attorney shall: 1.) File a motion to set a hearing for the contested proceeding explaining the basis for motion, the attempts made to coordinate with opposing counsel, and the dates requested, or 2.) If the hearing is not agreed, follow all statutory requirements and Local Rule 2.3 et al.
Ali charging ihstiuinents shall irtclude,the defendant's· SID number; date or birth/I'RN number; complain:trturnbet? statute and-citation, assi~ed prosecut<>t;,tet~ined or appointed defense :attorney, and. the, designated CblJrt,
Proposed final decrees/orders for future hearings will not be retained by the clerk or the Court unless specifically requested at the time of filing.
(2) Uncontested family law cases that meet the submission criteria should be submitted by submission in accordance with the family court judges' submission order filed with the District Clerk.
Due to court schedules, failure to return agreed SRF in a timely manner could result in the loss of your selected hearing time.
When a setting has been requested for a hearing that does not involve the presentation of evidence, the Court will consider requests for remote appearance.
Filing & Service rules
Filing Timing and Cure Windows
A vacation notice must be filed at least 90 days before each designated vacation week and applies only to cases not already scheduled for trial.
Such notice must be filed at least ninety (90) days in advance of each designated vacation week, and such a notice shall apply only to cases not already scheduled for trial.
Page 10 | Rule 2.7(b)(2)
The Court will set all motions within the time prescribed in TRCP 21.
The Court will set all motions within the time pr~scribed in TRCP 21.
Page 18 | REQUESTING NON-JURY SETTINGS IN CORYELL COUNTY
Attorneys may file a written vacation notification with the appropriate clerk and court coordinator in each court where they have a pending case.
Attorneys may give vacation notices by filing a written notification with the appropriate clerk and court cooridinator in which such attorney has a pending case.
Page 10 | Rule 2.7(b)(1)
Service and Proof of Service Rules
The movant attorney is responsible for giving notice of the contested proceeding on the agreed date.
(2) Notice of the contested proceeding on the agreed date shall be the responsibility of the movant attorney.
Page 8 | RULE 2.3. REQUESTING (NON-JURY) SETTINGS — c. Contested Hearings
After filing a matter for decision without a hearing, the movant must notify attorneys of record, with the submission date at least ten days after service of the notice.
Upon the filing of any matter, the movant shall give notice to all attorneys of record that the matter will be submitted to the Court for a ruling without any hearing. The notice shall clearly state that any party may either request a hearing or submit a written response on or before a specific submission date that is _at least ten (10) days after service of such statement.
Page 8 | RULE 2.3. REQUESTING (NON-JURY) SETTINGS — a. Submission for Ruling Without Hearing
The attorney must serve the motion on every attorney of record in the case.
The attorney shall serve a copy of the motion on all attorneys of record in the case.
Page 9 | Rule 2.3
A letter confirming an orally requested setting must be served on opposing counsel in accordance with Texas Rule 21a.
At any time after the filing of an answer or entry of an appearance by the , opposing party, any party may request a setting for a trial on the merits or, where applicable, a pretrial hearing, by (i) filing with the Court a motion requesting a trial and an order setting the trial, accompanied by a certificate of service to · opposing Counsel; or (ii) orally requesting the Court to schedule the hearing and confirming the setting by letter filed with the clerk of the Court, a copy of which shall be served on opposing Counsel in accordance with Rule 21 a of the Texas Rules of Civil Procedure, as amended.
Page 10 | Rule 2.6(a)
Required notice to the client must be sent by certified mail with return receipt requested.
Notice shall be sent by certified mail, return receipt requested.
Page 11 | Notice to Client
A copy of the inventory must be provided to opposing counsel at least 21 days before trial, unless the parties agree or request an earlier exchange date.
A copy of the list shall be presented to opposing counsel at least twenty-one (21) days before trial. The parties may agree or request the Court for an earlier date to exchange inventories.
Page 14 | RULE 2.15 INVENTORY AND APPRAISEMENT
The movant must serve the completed SRF on all necessary parties; failure to do so will result in the hearing being passed.
Pursuant to TRCP 21 and Local Rule 2.3 et. al., the movant is required to serve completed SRF on all necessary parties. Failure to do so will result in the hearing being passed.
Page 18 | REQUESTING NON-JURY SETTINGS IN CORYELL COUNTY
The movant alone is responsible for meeting statutory requirements concerning the timing and proof of notice.
Statutory requirments for time, notice, and proof thereof are the sole obligation of the movant.
Page 19 | CORYELL COUNTY SETTING REQUEST FORM
After court approval, the movant must serve notice on all necessary parties; otherwise, the hearing will be passed.
After Court approval pursuant to TRCP-21 and local rule 2.3et.cil, t e movant ,s require to serve notice on all necessary parties. Failure to do so will result in the hearing being passed.
Page 19 | CORYELL COUNTY SETTING REQUEST FORM
Pre-Motion Conference Requirements
Before requesting a setting, counsel must attempt to coordinate an agreed scheduling order and trial setting with opposing counsel.
Prior to requesting a setting, Counsel shall attempt to coordinate an agreed scheduling order and trial setting with opposing Counsel.
Page 10 | Rule 2.6(b)
Adjournment & Extension Requirements
A request to continue, pass, postpone, or reset a trial or hearing may be granted only if all counsel consent or nonjoining parties are notified and given an opportunity to object.
No request for a continuance, to pass, postpone or reset any trial, pretrial or other hearing shall be granted unless Counsel for all parties consent, or unless all parties not joining in such request have been notified and have had an opportunity to object.
Page 10 | Rule 2.8(a)
Unless all counsel consent in writing and the Court approves the continuance request, a motion under the Texas Rules of Civil Procedure must be filed with an order setting a hearing; a noncompliant motion will be denied without prejudice.
Unless Counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to the Texas Rules of Civil Procedure, as applicable, and the motion must be accompanied by an order setting the motion for a hearing. Any motion that does not meet these requirements will be denied without prejudice with the right to re-file.
Page 11 | Contents of Motion
Untimely filing, exchange, or presentation of an inventory may be grounds for passing the hearing.
Failure to timely file, exchange, or present the inventory shall be cause to pass the hearing
Page 14 | RULE 2.15 INVENTORY AND APPRAISEMENT
The Court may consider a continuance motion based on an attorney's vacation in appropriate circumstances not covered by the vacation-notice provisions.
The Court shall have discretion to consider a motion for continuance on the grounds of an attorney's vacation in appropriate circumstances not covered by subsections 1 and 2 of this rule.
Page 10 | Rule 2.7(b)(3)
Chambers Communication Rules
The Court will rule on a remote-hearing request without a hearing as early as possible, and attorneys must contact the court coordinator to learn whether it was granted or refused.
The Court will rule on the request without a hearing as early as possible. It is the responsibility of the attorneys to contact the court coordinator to ascertain if the request has been granted or refused.
Page 9 | Rule 2.4
An attorney with cases set for trial at the same time must immediately notify the courts concerned upon learning of the conflict.
Whenever an attorney has two or more cases on trial dockets for trial at the same time, it shall be the duty of the attorney to bring the matter to the attention of the courts concerned immediately upon learning of the conflicting settings.
Page 10 | Rule 2.7(a)
After the form is sent, do not include the Court Coordinator in correspondence between parties about date selection unless additional dates are required.
DO NOT INCLUDE COURT COORDINATOR ON ANY CORRESPONDENCE REGARDING DATE SELECTION BETWEEN PARTIES AFTER THIS FORM IS SENT UNLESS ADDITIONAL DATES ARE REQUIRED.
Page 18 | REQUESTING NON-JURY SETTINGS IN CORYELL COUNTY