Judge Pedro (Pete) Gomez Jr.
Individual Rules, Standing Orders & Policies
Communication
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Document Filing Requirements39 rules
The Request for Setting shall contain the following: 1.) The style and number of the case, and the county where the case is pending. 2.) The name, address and telephone number of the attorney making the request and the party represented by said attorney; 3.) Whether discovery is intended to be conducted under level 1, 2 or 3 according to Rule 190, T.R.C.P.; 4.) The date on which the jury fee was paid; 5.) A statement that the pleadings of the party requesting the setting are in order; 6.) A statement that mediation has been completed or none is required. (a) Pending mediation, all discovery is abated unless otherwise ordered by the Court. 7.) A statement that all discovery has been completed or none is desired. (a) If discovery is pending the request shall contain the date on which discovery is expected to be completed; 8.) A statement that all pre-trial matters have been disposed of or none is pending. (a) If pre-trial matters are pending the request for setting shall state the nature of same, the party asserting same, the estimated time for hearing same and possible dates for a pre-trial hearing which have been cleared with opposing counsel; 9.) A statement that the party requesting the setting has made a good-faith effort to negotiate a settlement of the case and further efforts appear futile. 10.) Possible dates for the trial of the case which have been cleared with opposing counsel. (a) If opposing counsel will not agree to a date for trial, the dates proposed and the reason for opposing counsel's refusal to agree to same; 11.) The estimated time of trial; 12.) A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service; 13.) The signature of the attorney making the Request. 14.) A blank Order Setting which should be attached to the Request.
Once you have an agreed date, fill that date in on your Order Setting and forward both your Motion and Order, along with a statement that the date is an agreed date, to the Court Administrator for entry with the Court.
A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Administrator. The party requesting a setting should not file the Request for Setting with the Clerk.
After you have available dates, please contact opposing counsel to obtain a date that is agreeable to both parties. Once you have an agreed date, fill that date in on your Order Setting and forward both your Motion and Order, along with a statement that the date is an agreed date, to the Court Administrator for entry with the Court.
Order Settings must list every party to be notified and provide attorneys’ fax numbers or pro se litigants’ addresses, as applicable.
Court's wording
b. At the bottom of all ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney's fax numbers. If they are pro se litigants, please give their addresses.
If item 8.(a) in the Request for Setting is applicable, please send an Order Setting and the Court will set a pre-trial hearing.
At the time the parties announce ready, each party shall submit to the Court proposed jury questions.
c. At the bottom of all ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney's fax numbers. If they are pro se litigants, please give their addresses.
The contents of the Request for Setting shall be the same as a Request for Setting for jury trial except for item 4.
b. Ex Parte Orders in family law matters must meet the requirements of the Family Code.
An application for an ex parte Temporary Restraining Order or Protective Order must include an accompanying verified complaint or affidavit with specific facts and a plain, intelligible statement of grounds; testimony will not be heard, and mere conclusions are insufficient.
Court's wording
An application for a Temporary Restraining Order and/or Protective Order, to be granted without notice to the adverse party, will be considered only upon the applicant's verified complaint or affidavit accompanying the application, and no testimony will be heard. No Temporary Restraining Order or Protective Order will be granted without notice to the adverse party unless the applicant's verified complaint or affidavit accompanying the application contains "specific facts," as required by Rule 680, T.R.C.P., and "a plain and intelligible statement of the grounds for such relief," as required by Rule 682, T.R.C.P. No such Temporary Restraining Order shall be granted upon a complaint or affidavit containing mere conclusions, even if verified.
In all contested cases involving the division of property the attorney shall prepare a complete written inventory of the assets and liabilities of the marital estate and of the separate estate of their respective client and submit same to the Court prior to trial.
The attorneys in all contested hearings concerning support shall prepare complete written income and expense statements as to their respective clients and present same to the Court prior to the hearing.
At the end of all MOTIONS, please include the opposing counsel's name, address, phone number and fax number under the Certificate of Service.
- Document
- Motion
- Placement
- Certificate section
a. Submit an Order Setting to the Court, with a Request for Setting when obtaining a trial date, or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.
The Attorney General and any attorney of record, in a case involving a divorce, an annulment, or any suit affecting the parent-child relationship shall complete the form and present it to the presiding judge upon the filing of the decree or judgment.
No decree or judgment will be signed until said document is submitted.
b. If you cannot obtain a date that is agreeable to all counsel, send your order Setting with a letter stating the dates that were given to opposing counsel and their reasons for not agreeing.
c. ALWAYS ADVISE THE COURT IN YOUR REQUEST OR COVER LETTER THAT YOU HAVE CONTACTED THE OPPOSING COUNSEL AND THAT THEY ARE AVAILABLE FOR HEARING ON THE DATE YOU HAVE REQUESTED.
A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Administrator. The party requesting a setting should not file the Request for Setting with the Clerk.
The written Request for Setting must include the case and counsel information, discovery and jury-fee details, required case-status and settlement statements, proposed dates and trial duration, a service certificate, the requesting attorney’s signature, and an attached blank Order Setting.
Court's wording
The Request for Setting shall contain the following: 1.) The style and number of the case, and the county where the case is pending. 2.) The name, address and telephone number of the attorney making the request and the party represented by said attorney; 3.) Whether discovery is intended to be conducted under level 1, 2 or 3 according to Rule 190, T.R.C.P.; 4.) The date on which the jury fee was paid; 5.) A statement that the pleadings of the party requesting the setting are in order; 6.) A statement that mediation has been completed or none is required. (a) Pending mediation, all discovery is abated unless otherwise ordered by the Court. 7.) A statement that all discovery has been completed or none is desired. (a) If discovery is pending the request shall contain the date on which discovery is expected to be completed; 8.) A statement that all pre-trial matters have been disposed of or none is pending. (a) If pre-trial matters are pending the request for setting shall state the nature of same, the party asserting same, the estimated time for hearing same and possible dates for a pre-trial hearing which have been cleared with opposing counsel; 9.) A statement that the party requesting the setting has made a good-faith effort to negotiate a settlement of the case and further efforts appear futile. 10.) Possible dates for the trial of the case which have been cleared with opposing counsel. (a) If opposing counsel will not agree to a date for trial, the dates proposed and the reason for opposing counsel's refusal to agree to same; 11.) The estimated time of trial; 12.) A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service; 13.) The signature of the attorney making the Request. 14.) A blank Order Setting which should be attached to the Request.
12.) A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service;
Every Order Setting must list the parties to notify and provide attorneys’ fax numbers or pro se litigants’ addresses, as applicable.
Court's wording
At the bottom of all ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney's fax numbers. If they are pro se litigants, please give their addresses.
Once you have an agreed date, fill that date in on your Order Setting and forward both your Motion and Order, along with a statement that the date is an agreed date, to the Court Administrator for entry with the Court.
c. At the bottom of all ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney's fax numbers. If they are pro se litigants, please give their addresses.
At the time the parties announce ready, each party shall submit to the Court proposed jury questions.
An application for an ex parte Temporary Restraining Order or Protective Order must include an accompanying verified complaint or affidavit with specific facts and an intelligible statement of grounds; mere conclusions are insufficient, and no testimony will be heard.
Court's wording
An application for a Temporary Restraining Order and/or Protective Order, to be granted without notice to the adverse party, will be considered only upon the applicant's verified complaint or affidavit accompanying the application, and no testimony will be heard. No Temporary Restraining Order or Protective Order will be granted without notice to the adverse party unless the applicant's verified complaint or affidavit accompanying the application contains "specific facts," as required by Rule 680, T.R.C.P., and "a plain and intelligible statement of the grounds for such relief," as required by Rule 682, T.R.C.P. No such Temporary Restraining Order shall be granted upon a complaint or affidavit containing mere conclusions, even if verified.
Ex Parte Orders in family law matters must meet the requirements of the Family Code.
The attorneys in all contested hearings concerning support shall prepare complete written income and expense statements as to their respective clients and present same to the Court prior to the hearing.
All court appointed attorneys shall submit an Attorney Fee Voucher, which can be obtained from the Court Administrator.
In all contested cases involving the division of property the attorney shall prepare a complete written inventory of the assets and liabilities of the marital estate and of the separate estate of their respective client and submit same to the Court prior to trial.
Every motion must list opposing counsel’s name, address, phone number, and fax number under the Certificate of Service, and must not use the quoted generic service statement.
- Document
- Motion
Include
- •Certificate of service
Court's wording
At the end of all MOTIONS, please include the opposing counsel's name, address, phone number and fax number under the Certificate of Service. Please do not put "...a copy has been sent to all opposing counsel." (This will let the Court know who the attorneys are since we do not have immediate access to all files in every county).
The Attorney General and any attorney of record, in a case involving a divorce, an annulment, or any suit affecting the parent-child relationship shall complete the form and present it to the presiding judge upon the filing of the decree or judgment. No decree or judgment will be signed until said document is submitted.
a. Submit an Order Setting to the Court, with a Request for Setting when obtaining a trial date, or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.
c. ALWAYS ADVISE THE COURT IN YOUR REQUEST OR COVER LETTER THAT YOU HAVE CONTACTED THE OPPOSING COUNSEL AND THAT THEY ARE AVAILABLE FOR HEARING ON THE DATE YOU HAVE REQUESTED.
Please do not put "...a copy has been sent to all opposing counsel."
# RULE 4.12 ESTIMATED TIME FOR HEARING When setting or resetting a case for trial, pre-trial, etc., please advise the Court the estimated time you will need for the hearing.
b. If you cannot obtain a date that is agreeable to all counsel, send your order Setting with a letter stating the dates that were given to opposing counsel and their reasons for not agreeing.
When setting or resetting a case for trial, pre-trial, etc., please advise the Court the estimated time you will need for the hearing.
Filing & Service rules
Electronic Filing Rules
Faxed communications between the Courts and attorneys to the provided numbers are deemed received; fax filing with the District Clerk is excluded unless the Clerk has implemented an Electronic Filing Plan.
All communications between the Courts and attorneys sent via fax to the numbers provided shall be deemed received. This does not include filing documents with the District Clerk, unless the District Clerk has implemented an Electronic Filing Plan.
Page 7 | RULE 4.16 FAX AND ANSWERING MACHINE AVAILABILITY
The rule deeming fax communications received does not apply to filing documents with the District Clerk unless the Clerk has implemented an Electronic Filing Plan.
This does not include filing documents with the District Clerk, unless the District Clerk has implemented an Electronic Filing Plan.
Page 7 | RULE 4.16 FAX AND ANSWERING MACHINE AVAILABILITY
Service and Proof of Service Rules
After a Request for Setting, the Court enters a trial-setting order, which the District Clerk certifies and delivers to each attorney.
In response to a Request for Setting, the Court will enter an Order setting the case for trial on the merits and deliver a copy of the same to the District Clerk to certify who will then deliver a certified copy to each attorney.
Page 3 | RULE 1.12 ORDER SETTING – JURY CASES
After a Request for Setting, the Court enters a trial-setting order for certification by the District Clerk and delivery of a certified copy to each attorney.
In response to a Request for Setting, the Court will enter an Order setting the case for trial on the merits and deliver a copy of the same to the District Clerk to certify who will then deliver a certified copy to each attorney.
Page 3 | RULE 1.12 ORDER SETTING – JURY CASES
Filing Bundling Requirements
For civil hearing settings, obtain available dates from the Court Administrator, coordinate an agreeable date with opposing counsel, and then send the Motion and Order Setting with a statement that the date is agreed.
When setting a civil case for pre-trial, jury, non-jury or post trial hearing, please call the Court Administrator prior to sending your Motion and Order Setting to obtain available hearing dates. After you have available dates, please contact opposing counsel to obtain a date that is agreeable to both parties. Once you have an agreed date, fill that date in on your Order Setting and forward both your Motion and Order, along with a statement that the date is an agreed date, to the Court Administrator for entry with the Court.
Page 1 | RULE 1.10 SETTINGS – JURY CASES
14.) A blank Order Setting which should be attached to the Request.
14.) A blank Order Setting which should be attached to the Request.
Page 2 | RULE 1.11 REQUEST FOR SETTING – JURY CASES
Adjournment & Extension Requirements
Continuances must comply with the cited statutory provisions.
All continuances shall be in accordance with Arts. 29.01 through 29.13, C.C.P. and Art. 30.003, Tx. Civil Prac. & Rem. Code.
Page 5 | RULE 2.10 CONTINUANCES
For an agreed continuance, contact the Court Administrator before the matter is removed from the docket; agreement or filing a motion alone does not automatically obtain a continuance.
If you have a continuance that is agreed to by all parties, please contact the Court Administrator and advise her of this and she will consult with the Judge prior to removing the matter from the docket. Continuances are not automatic upon agreement by the parties. Mere filing of a Motion for Continuance does not mean the continuance will be granted.
Page 5 | RULE 2.11 AGREED CONTINUANCES
Continuances must comply with the cited statutory provisions.
All continuances shall be in accordance with Arts. 29.01 through 29.13, C.C.P. and Art. 30.003, Tx. Civil Prac. & Rem. Code.
Page 5 | RULE 2.10 CONTINUANCES
For an agreed continuance, contact the Court Administrator before the matter is removed from the docket; agreement or filing a motion alone does not automatically grant a continuance.
If you have a continuance that is agreed to by all parties, please contact the Court Administrator and advise her of this and she will consult with the Judge prior to removing the matter from the docket. Continuances are not automatic upon agreement by the parties. Mere filing of a Motion for Continuance does not mean the continuance will be granted.
Page 5 | RULE 2.11 AGREED CONTINUANCES
Chambers Communication Rules
Before sending a Motion and Order Setting for a civil pretrial, non-jury, or posttrial hearing, call the Court Administrator to obtain available dates.
When setting a civil case for pre-trial, non-jury or post trial hearing, please call the Court Administrator prior to sending your Motion and Order Setting to obtain available hearing dates.
Page 3 | RULE 1.20 SETTINGS – NON-JURY CONTESTED CASES
Before sending a Motion and Order Setting, call the Court Administrator to obtain available hearing dates.
When setting a civil case for pre-trial, jury, non-jury or post trial hearing, please call the Court Administrator prior to sending your Motion and Order Setting to obtain available hearing dates.
Page 1 | RULE 1.10 SETTINGS – JURY CASES
After obtaining available dates, contact opposing counsel to agree on a hearing date.
After you have available dates, please contact opposing counsel to obtain a date that is agreeable to both parties.
Page 1 | RULE 1.10 SETTINGS – JURY CASES
If a hearing must be canceled, contact the Court Administrator as soon as possible.
# RULE 4.14 CANCEL HEARINGS If for any reason, you have to cancel a hearing, please contact the Court Administrator as soon as possible.
Page 7 | RULE 4.14 CANCEL HEARINGS
If practicable, attorneys practicing in the 112th District Courts must have fax and answering-machine access operating 24 hours a day, seven days a week, and provide those numbers to the Courts, Clerks of Court, and opposing counsel.
# RULE 4.16 FAX AND ANSWERING MACHINE AVAILABILITY Any attorney practicing in the 112th District Courts, if practicable, shall have access to a fax machine and answering machine that will be operative 24 hours a day, seven days a week. Said numbers shall be provided to the Courts, the Clerks of Court, and all opposing counsel.
Page 7 | RULE 4.16 FAX AND ANSWERING MACHINE AVAILABILITY
Before sending a Motion and Order Setting for a civil pre-trial, non-jury, or post-trial hearing, call the Court Administrator to obtain available dates.
When setting a civil case for pre-trial, non-jury or post trial hearing, please call the Court Administrator prior to sending your Motion and Order Setting to obtain available hearing dates.
Page 3 | RULE 1.20 SETTINGS – NON-JURY CONTESTED CASES
If a hearing must be canceled, contact the Court Administrator as soon as possible.
If for any reason, you have to cancel a hearing, please contact the Court Administrator as soon as possible.
Page 7 | RULE 4.14 CANCEL HEARINGS
Fax communications between the Courts and attorneys sent to the provided numbers are deemed received.
All communications between the Courts and attorneys sent via fax to the numbers provided shall be deemed received.
Page 7 | RULE 4.16 FAX AND ANSWERING MACHINE AVAILABILITY
Attorneys must, if practicable, have 24/7 access to a fax machine and answering machine and provide those numbers to the Courts, court clerks, and opposing counsel.
Any attorney practicing in the 112th District Courts, if practicable, shall have access to a fax machine and answering machine that will be operative 24 hours a day, seven days a week. Said numbers shall be provided to the Courts, the Clerks of Court, and all opposing counsel.
Page 7 | RULE 4.16 FAX AND ANSWERING MACHINE AVAILABILITY
The Court accepts and encourages hearings by telephone conference call.
# RULE 4.15 TELEPHONE CONFERENCE Hearings conducted by telephone conference call are acceptable and encouraged by the Court.
Page 7 | RULE 4.15 TELEPHONE CONFERENCE
The Court permits and encourages hearings by telephone conference call.
Hearings conducted by telephone conference call are acceptable and encouraged by the Court.
Page 7 | RULE 4.15 TELEPHONE CONFERENCE