Court Rules

El Paso County Courts at Law

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Courtesy Copies

Courtesy copies

  • 1 copy

Motion, Response, Reply, Pertinent Supporting Document

  • 1 copy • Before Hearing

Adjournments

  • If notice of a conflicting setting is not timely provided, the court may refuse a motion for continuance.
  • An attorney’s unavailability generally is not grounds for a continuance when other attorneys in the firm have significantly participated in the case.
  • A motion for continuance must be written and sworn to by someone with personal knowledge of the facts relied on.
  • +6 more

Request must include

Reason for Request
  • Any ground for continuance of the trial setting known by the attorney or the party shall be presented to the court at least 14 days prior to the trial setting or at the pretrial conference, if any, whichever shall occur first, or may be waived. This rule does not apply if a deadline is set separately under the governing scheduling order or as set by standing order of the presiding court.
  • Grounds for a continuance must be presented at least 10 days before the hearing, unless exigent circumstances apply.

Communication

Phone
Scheduling
Filters:

Document Format Requirements3 rules

FormattingMandatory

Parties shall provide a hard copy and an editable electronic version of the proposed jury charge including any special issues or requested special instructions that are reasonably anticipated.

FormattingMandatory

Requests to cancel a court setting shall be made in writing, unless expressly excused by the court, and only with the concurrence of all parties. The cancellation notice shall state the parties’ concurrence.

Formatting

  • The request must be in writing unless expressly excused by the court
FormattingMandatory

All motions shall be in writing and shall have a proposed order attached granting the relief sought.

Tx El Paso County Court:4a88e914d958991e23c5b2ee · Mar 2023 · p. 7
|Section(D) Pretrial Motions/Preliminary Matters

Document Filing Requirements31 rules

Filing RequirementsMandatory

Such filed papers shall always contain the current address, email address, and phone number of the self-represented party.

Filing RequirementsMandatory

All applications for ex parte relief shall state whether, within the knowledge of applicant and applicant’s attorney, the opposing party is represented by counsel and, if so, the name of such counsel, and whether or not such counsel/party has been apprised of the application for ex parte relief.

Tx El Paso County Court:d569c860b3240bde3cfdc3b3 · Mar 2023 · p. 2
|SectionRULE 1.05 EMERGENCY AND SPECIAL SESSIONS; TEMPORARY ORDERS
Filing RequirementsMandatory

The hearing notice must state the hearing’s date, time, and manner and the particular matter to be considered, and a copy must be filed with the clerk.

Court's wording

(B) The requesting party shall then promptly serve all other parties with notice of the date, time, and manner of the hearing and of the particular matter which will be considered at such time and shall file a copy of such notice with the clerk.

Tx El Paso County Court:d569c860b3240bde3cfdc3b3 · Mar 2023 · p. 4
|SectionRULE 3.03 REQUEST FOR HEARINGS, NON-JURY TRIAL SETTINGS, AND OTHER NON-JURY APPEARANCES
Filing RequirementsMandatory

A party whose objection to the date, time, or manner of a non-jury matter cannot be resolved by conference must file a written objection stating its grounds as soon as reasonably possible.

Court's wording

(C) Any party who has an objection to the date, time, or manner of the non-jury matter, which cannot be resolved by conference with other parties and the court coordinator, shall as soon as is reasonably possible file a written objection, stating the grounds therein, for the court’s discretionary resolution.

Tx El Paso County Court:d569c860b3240bde3cfdc3b3 · Mar 2023 · p. 4
|SectionRULE 3.03 REQUEST FOR HEARINGS, NON-JURY TRIAL SETTINGS, AND OTHER NON-JURY APPEARANCES
Filing RequirementsMandatory

A request for a jury trial setting shall be made in writing (with a copy to all other attorneys) with the court coordinator of the court in which the case is filed, at any time after jury has been demanded, the jury fee has been paid, and the certificate of readiness has been filed in the case.

Filing RequirementsMandatory

Any order presented for the court’s signature must reflect approval as to form or substance of the opposing counsel or party. Absent such approval, a motion for entry or order may be heard before the court will sign the order.

Filing RequirementsMandatory

Parties shall provide a hard copy and an editable electronic version of the proposed jury charge including any special issues or requested special instructions that are reasonably anticipated.

Filing RequirementsMandatory

Parties shall prepare an electronic copy of admitted trial exhibits which are to be provided to the court reporter for preparation of the reporter’s record.

Filing RequirementsMandatory

A party whose case is stayed must promptly file a notice describing the grounds for the stay.

Court's wording

If a case is required to be stayed pursuant to any law, such as protection under the bankruptcy laws, suggestion of death, the Servicemembers Civil Relief Act, or abatement, the party must promptly file a notice of stay describing in detail the grounds for the stay.

Filing RequirementsMandatory

Once the grounds for stay are discharged or concluded, the party who filed the initial notice of stay must file a notice in writing to the affected courts.

Filing RequirementsMandatory

The mediator shall provide to the court a report as to whether or not a settlement was obtained.

Tx El Paso County Court:d569c860b3240bde3cfdc3b3 · Mar 2023 · p. 7
|SectionRULE 3.10 ALTERNATIVE DISPUTE RESOLUTION
Filing RequirementsMandatory

Such filed papers shall always contain the current address, email address, and phone number of the self-represented party.

Filing RequirementsMandatory

All applications for ex parte relief shall state whether, within the knowledge of applicant and applicant’s attorney, the opposing party is represented by counsel and, if so, the name of such counsel, and whether or not such counsel/party has been apprised of the application for ex parte relief.

Tx El Paso County Court:784b54a807fba9d82f48f2ba · Mar 2023 · p. 2
|SectionRULE 1.05 EMERGENCY AND SPECIAL SESSIONS; TEMPORARY ORDERS
Filing RequirementsMandatory

Such filed papers shall always contain the current address, email address, and phone number of the self-represented party.

Filing RequirementsMandatory

Except in emergencies, when the clerk’s office is not open for business, no application for immediate or temporary relief shall be presented to a judge until it has been filed and assigned to a court as is provided in these rules.

Tx El Paso County Court:4a88e914d958991e23c5b2ee · Mar 2023 · p. 2
|SectionRULE 1.05 EMERGENCY AND SPECIAL SESSIONS; TEMPORARY ORDERS
Filing RequirementsMandatory

All applications for ex parte relief shall state whether, within the knowledge of applicant and applicant’s attorney, the opposing party is represented by counsel and, if so, the name of such counsel, and whether or not such counsel/party has been apprised of the application for ex parte relief.

Tx El Paso County Court:4a88e914d958991e23c5b2ee · Mar 2023 · p. 2
|SectionRULE 1.05 EMERGENCY AND SPECIAL SESSIONS; TEMPORARY ORDERS
Filing RequirementsMandatory

All proposed orders or decrees submitted to an associate judge which must be ratified or approved by the referring court shall include a signature line for the “Judge Presiding.”

Filing RequirementsMandatory

Statements of paternity and affidavits of status shall be brought to the pretrial and filed by the full adversary hearing.

Tx El Paso County Court:4a88e914d958991e23c5b2ee · Mar 2023 · p. 6
|SectionRULE 4.11 65th DISTRICT COURT RULES FOR CHILD PROTECTION CASES
Filing RequirementsMandatory

Requesting party must prepare a written agreement, all attorneys must sign, and the motion filed with the district clerk. The agreed motion shall be accompanied by an order setting hearing or mediation and presented to the judge.

Filing RequirementsMandatory

All parties must agree on supervision, frequency, times and locations of visitations. The agreements must be signed by all affected parties in order for the change to occur.

Tx El Paso County Court:4a88e914d958991e23c5b2ee · Mar 2023 · p. 7
|Section(E) Specific Issues Between Review Hearings
Filing RequirementsMandatory

All motions shall be in writing and shall have a proposed order attached granting the relief sought.

Document
Motion

Must include

  • Proposed order
Tx El Paso County Court:4a88e914d958991e23c5b2ee · Mar 2023 · p. 7
|Section(D) Pretrial Motions/Preliminary Matters
Filing RequirementsMandatory

The order must be filed with the district court and served upon all parties.

Tx El Paso County Court:4a88e914d958991e23c5b2ee · Mar 2023 · p. 8
|Section(E) Specific Issues Between Review Hearings
Filing RequirementsMandatory

A notice of the agreed change must be filed with the court.

Tx El Paso County Court:4a88e914d958991e23c5b2ee · Mar 2023 · p. 8
|Section(E) Specific Issues Between Review Hearings
Filing RequirementsMandatory

Serious incident reports shall be filed in all cases where the incident violates a court order or places the children in danger of health or safety. Cessation of visitation or changes in placement justified by the incident shall be included in the specific incident report.

Tx El Paso County Court:4a88e914d958991e23c5b2ee · Mar 2023 · p. 8
|Section(E) Specific Issues Between Review Hearings
Filing RequirementsMandatory

Court-appointed Attorney Ad Litems requesting a transcript of a hearing held before the associate judge must file a motion requesting a hearing transcript.

Filing RequirementsMandatory

Shall file an Ad Litem report three (3) days before hearing

Filing RequirementsImportant

the courts shall provide a self-represented party a copy of this Rule 1.02 at the time a petition or an answer is filed.

Filing RequirementsImportant

Motion requiring immediate disposition should be submitted with a motion and order setting hearing attached.

Tx El Paso County Court:4a88e914d958991e23c5b2ee · Mar 2023 · p. 7
|Section(D) Pretrial Motions/Preliminary Matters
Filing RequirementsImportant

Agreed motions and orders by all affected parties shall be granted without hearing if all parties are in agreement. Agreements can be made through signature or by verbal agreements memorialized in the order.

Tx El Paso County Court:4a88e914d958991e23c5b2ee · Mar 2023 · p. 7
|Section(E) Specific Issues Between Review Hearings
Filing RequirementsImportant

Between review hearings any party may present a written file stamped motion and proposed order regarding changes in visitation or requests. The motion shall include previous visitation orders along with clearly articulated requested changes and reason for change.

Tx El Paso County Court:4a88e914d958991e23c5b2ee · Mar 2023 · p. 7
|Section(E) Specific Issues Between Review Hearings
Filing RequirementsImportant

Emergency placements outside El Paso County may be done without hearing only if by agreement signed by the Ad Litem for the child and TDPRS.

Tx El Paso County Court:4a88e914d958991e23c5b2ee · Mar 2023 · p. 8
|Section(E) Specific Issues Between Review Hearings

Filing & Service rules

Electronic Filing Rules

An attorney for a represented party must designate at least one email address in the Texas E-File system’s Service Contacts tab upon the party’s first filing.

If a party is represented, the attorney for that party will designate at least one email address in the Service Contacts tab on the Texas E-File system upon the party’s first filing in the case.

Page 4 | RULE 3.02 E-FILING REQUIREMENT FOR SERVICE CONTACTS

Filing Timing and Cure Windows

When the clerk’s office is closed, an application for immediate or temporary relief generally may not be presented to a judge until it has been filed and assigned to a court; emergencies are excepted.

Except in emergencies, when the clerk’s office is not open for business, no application for immediate or temporary relief shall be presented to a judge until it has been filed and assigned to a court as is provided in these rules.

Page 2 | RULE 1.05 EMERGENCY AND SPECIAL SESSIONS; TEMPORARY ORDERS

A qualifying written objection must be filed as soon as reasonably possible.

(C) Any party who has an objection to the date, time, or manner of the non-jury matter, which cannot be resolved by conference with other parties and the court coordinator, shall as soon as is reasonably possible file a written objection, stating the grounds therein, for the court’s discretionary resolution.

Page 4 | RULE 3.03 REQUEST FOR HEARINGS, NON-JURY TRIAL SETTINGS, AND OTHER NON-JURY APPEARANCES

The notice of stay must be filed promptly.

If a case is required to be stayed pursuant to any law, such as protection under the bankruptcy laws, suggestion of death, the Servicemembers Civil Relief Act, or abatement, the party must promptly file a notice of stay describing in detail the grounds for the stay.

Page 7 | PART THREE – CIVIL CASES

The written notice must be filed once the grounds for the stay are discharged or concluded.

Once the grounds for stay are discharged or concluded, the party who filed the initial notice of stay must file a notice in writing to the affected courts.

Page 7 | PART THREE – CIVIL CASES

In every misdemeanor case filed in El Paso County, a standard discovery order will be filed and entered at arraignment.

In every misdemeanor case filed in El Paso County, a standard discovery order will be filed and entered at the time of arraignment.

Page 5 | RULE 5.08 STANDARD DISCOVERY ORDER FOR MISDEMEANOR CASES

A party must file an objection to the associate judge hearing a trial on the merits or presiding at a jury trial no later than the 10th day after receiving notice that the associate judge will hear the trial.

Pursuant to 201.005 of the Texas Family Code, a party must file an objection to an associate judge hearing a trial on the merits or presiding at a jury trial not later than the 10th day after the date the party receives notice that the associate judge will hear the trial.

Page 6 | RULE 4.11 65th DISTRICT COURT RULES FOR CHILD PROTECTION CASES

Statements of paternity and affidavits of status must be filed by the full adversary hearing.

Statements of paternity and affidavits of status shall be brought to the pretrial and filed by the full adversary hearing.

Page 6 | RULE 4.11 65th DISTRICT COURT RULES FOR CHILD PROTECTION CASES

Notwithstanding, requests for jury trial shall be made at least 30 days before the scheduled bench trial.

Notwithstanding, requests for jury trial shall be made at least 30 days before the scheduled bench trial.

Page 8 | (F) Hearings

A serious incident report must be filed within two working days after learning of the incident.

Serious incident reports shall be filed within two (2) working days of learning of the incident.

Page 8 | (E) Specific Issues Between Review Hearings

A party must request a bench-trial or jury-trial setting at least 90 days before dismissal.

At least ninety days before dismissal a party shall request a bench trial or a jury trial setting.

Page 8 | (F) Hearings

An emergency placement within El Paso County may occur without a hearing; the caseworker must file a written report within two working days of learning of the incident and provide it to all parties and the associate court the working day thereafter.

Emergency placements within El Paso County only may be done without hearing. Caseworker shall file a written report within two (2) working days of learning of the incident and provide to all parties and the associate court the working day thereafter.

Page 8 | (E) Specific Issues Between Review Hearings

The Ad Litem report must be filed three days before the hearing.

Shall file an Ad Litem report three (3) days before hearing

Page 9 | Guardian Ad Litem Appointments

An election of punishment may be submitted any time before jury selection begins, unless a court discovery order provides otherwise.

Unless otherwise provided by a court’s discovery order, an election of punishment may be submitted any time prior to the commencement of jury selection.

Page 5 | RULE 5.06 ELECTION OF PUNISHMENT

Upon receiving a vexatious litigant’s petition for permission to file, the clerk must immediately deliver it to the local administrative judge.

2. The clerk of the court, upon receipt of a petition for permission to file by a vexatious litigant, shall immediately deliver the petition to the local administrative judge.

Page 3 | PART TWO – LOCAL ADMINISTRATION AND LOCAL ADMINISTRATIVE JUDGE

Service and Proof of Service Rules

Self-represented litigants must provide all other parties or attorneys with copies of every paper they file.

and shall also be responsible for providing copies of all papers filed to all other parties or attorneys.

Page 1 | RULE 1.02 SELF-REPRESENTED LITIGANTS

Process service must comply with Rule 103 of the Texas Rules of Civil Procedure.

Process service must be handled in accordance with Rule 103 of the Texas Rules of Civil Procedure.

Page 2 | RULE 1.03 PRIVATE SERVICE OF PROCESS

The requesting party must promptly serve all other parties with a notice stating the hearing’s date, time, manner, and subject, and file a copy with the clerk.

(B) The requesting party shall then promptly serve all other parties with notice of the date, time, and manner of the hearing and of the particular matter which will be considered at such time and shall file a copy of such notice with the clerk.

Page 4 | RULE 3.03 REQUEST FOR HEARINGS, NON-JURY TRIAL SETTINGS, AND OTHER NON-JURY APPEARANCES

The jury-trial-setting request must include a copy for all other attorneys.

A request for a jury trial setting shall be made in writing (with a copy to all other attorneys) with the court coordinator of the court in which the case is filed, at any time after jury has been demanded, the jury fee has been paid, and the certificate of readiness has been filed in the case.

Page 5 | RULE 3.05 REQUEST FOR JURY TRIAL

Self-represented litigants must provide all other parties or attorneys with copies of every paper they file.

shall also be responsible for providing copies of all papers filed to all other parties or attorneys.

Page 1 | RULE 1.02 SELF-REPRESENTED LITIGANTS

Process service must comply with Rule 103 of the Texas Rules of Civil Procedure.

Process service must be handled in accordance with Rule 103 of the Texas Rules of Civil Procedure.

Page 2 | RULE 1.03 PRIVATE SERVICE OF PROCESS

Self-represented litigants must provide all other parties or attorneys copies of every paper they file.

Self-represented litigants shall be responsible for providing copies of all papers filed to all other parties or attorneys.

Page 1 | RULE 1.02 SELF-REPRESENTED LITIGANTS

Process service must comply with Rule 103 of the Texas Rules of Civil Procedure.

Process service must be handled in accordance with Rule 103 of the Texas Rules of Civil Procedure.

Page 2 | RULE 1.03 PRIVATE SERVICE OF PROCESS

The filing attorney must provide the referring court and associate judges a copy of an objection to referral when it is filed with the District Clerk.

A copy of the filed objection shall be provided to the referring court and to the associate judges by the attorney filing same when filed with the District Clerk.

Page 5 | RULE 4.07 OBJECTION TO REFERRAL

Withdrawal of an objection to referral requires all parties’ concurrence, and a copy must be provided to the referring court and associate judges when filed with the district clerk.

All withdrawals of objection to referral shall be made with the concurrence of all parties and a copy shall be provided to the referring court and to the associate judges when filed with the district clerk.

Page 5 | RULE 4.07 OBJECTION TO REFERRAL

The filing attorney must provide the referring court and associate judges a copy of a jury demand or its withdrawal when it is filed with the district clerk.

A copy of the jury demand or withdrawal of jury demand shall be provided to the referring court and to the associate judges by the attorney filing same when filed with the district clerk.

Page 5 | RULE 4.06 JURY DEMAND AND WITHDRAWAL OF JURY DEMAND

A notice of filing a motion for continuance must be served on opposing counsel.

Notice of filing of motion must be served on opposing counsel.

Page 6 | RULE 4.11 65th DISTRICT COURT RULES FOR CHILD PROTECTION CASES — Motion For Continuance

The filing attorney must provide the referring court, associate judge, and county attorney a copy of the objection within three days of filing it with the district court.

A copy of the filed objection shall be provided to the referring court, the associate judge and county attorney within three days by the attorney filing same when filed with the district court.

Page 6 | RULE 4.11 65th DISTRICT COURT RULES FOR CHILD PROTECTION CASES

The requesting party must promptly serve all other parties and witnesses with written notice of the new hearing setting.

The requesting party shall then promptly serve all other parties/witnesses with written notice of the new setting for hearing.

Page 7 | PART FOUR - FAMILY LAW CASES

Emergency placements within El Paso County only may be done without hearing. Caseworker shall file a written report within two (2) working days of learning of the incident and provide to all parties and the associate court the working day thereafter.

Emergency placements within El Paso County only may be done without hearing. Caseworker shall file a written report within two (2) working days of learning of the incident and provide to all parties and the associate court the working day thereafter.

Page 8 | (E) Specific Issues Between Review Hearings

The visitation order must be served on all parties.

The order must be filed with the district court and served upon all parties.

Page 8 | (E) Specific Issues Between Review Hearings

The Ad Litem report must be provided to all parties.

provide to all parties.

Page 9 | Guardian Ad Litem Appointments

Filing Fees and Waivers

The jury fee must be paid before a jury-trial-setting request may be made.

A request for a jury trial setting shall be made in writing (with a copy to all other attorneys) with the court coordinator of the court in which the case is filed, at any time after jury has been demanded, the jury fee has been paid, and the certificate of readiness has been filed in the case.

Page 5 | RULE 3.05 REQUEST FOR JURY TRIAL

Courtesy Copy Requirements

A party requesting a written order must provide the court with a copy of the supporting pleading and a proposed order, using hand delivery or email as the court prefers.

A party requesting a written order on any matter shall provide directly to the court, either by hand delivery or email, based on the court’s preference, a copy of the pleading supporting that request and a proposed order.

Page 5 | RULE 3.04 PRESENTATION OF ORDERS

Before a hearing, parties must timely provide the court with a copy of motions, responses, replies, and pertinent supporting documents by hand delivery or email as the court prefers.

Parties shall timely provide directly to the court, either by hand delivery or email, based on the court’s preference, a copy of motions, responses, replies, and pertinent supporting documents before the hearing.

Page 5 | RULE 3.04 PRESENTATION OF ORDERS

Sealing & Redaction Procedures

A person with access to non-public judicial work product must not knowingly disclose it to anyone outside the listed court-related recipients.

A person, other than a justice or judge, with access to non-public judicial work product commits an offense if the person knowingly discloses, wholly or partly, the contents of any non-public judicial work product to a person who is not a justice, judge, court staff attorney, court clerk, law clerk, employee of an agency established under Chapter 71 or 72, or other court staff routinely involved in crafting an opinion or decision for an adjudicatory proceeding.

Page 3 | Texas Government Code, Sec. 21.013

People involved in crafting an adjudicatory opinion or decision must keep non-public judicial work product confidential under supreme court rules.

A person, other than a justice or judge, who is involved in crafting an opinion or decision for an adjudicatory proceeding, including a court staff attorney, court clerk, or law clerk, shall maintain the confidentiality of all non-public judicial work product in accordance with supreme court rules.

Page 3 | Texas Government Code, Sec. 21.013

Pre-Motion Conference Requirements

Before filing a discovery motion, the parties are expected to comply with Texas Rule of Civil Procedure 191.2.

Prior to the filing of any discovery motion, the parties are expected to comply with Rule 191.2 of the Texas Rules of Civil Procedure.

Page 7 | RULE 3.09 DISCOVERY CONFERENCE

After a discovery motion is filed and before its hearing, the court may order the parties to attend a conference, where they are expected to cooperate and make reasonably necessary agreements.

After the filing of any discovery motion, but prior to a hearing, the court may order the parties to appear for a mandatory conference. The Court will not participate in this conference but expects the parties to cooperate and make any agreements reasonably necessary for the efficient disposition of the substance of the motion.

Page 7 | RULE 3.09 DISCOVERY CONFERENCE

Adjournment & Extension Requirements

Any ground for continuance of the trial setting known by the attorney or the party shall be presented to the court at least 14 days prior to the trial setting or at the pretrial conference, if any, whichever shall occur first, or may be waived. This rule does not apply if a deadline is set separately under the governing scheduling order or as set by standing order of the presiding court.

Any ground for continuance of the trial setting known by the attorney or the party shall be presented to the court at least 14 days prior to the trial setting or at the pretrial conference, if any, whichever shall occur first, or may be waived. This rule does not apply if a deadline is set separately under the governing scheduling order or as set by standing order of the presiding court.

Page 6 | RULE 3.07 CONTINUANCES

A motion for continuance must be written and sworn to by someone with personal knowledge of the facts relied on.

All motions for continuance must be in writing and sworn to by a person having personal knowledge of the facts relied on for the continuance.

Page 5 | RULE 5.09 MOTIONS FOR CONTINUANCE

A continuance may be granted for good cause, which must be fully stated in the written motion, and only for as long as necessary.

A case may be continued upon a showing of good cause which cause shall be fully set forth in the written motion and only for as long as necessary.

Page 6 | RULE 5.09 MOTIONS FOR CONTINUANCE

A motion for continuance based on witness unavailability must contain the information required by Chapter 29 of the Texas Code of Criminal Procedure.

Motions for continuance based on the unavailability of witnesses must contain the information required by Chapter 29 of the Texas Code of Criminal Procedure.

Page 6 | RULE 5.09 MOTIONS FOR CONTINUANCE

Agreed, all-party-signed continuance motions are granted unless they unreasonably interfere with court business; other continuance motions require compelling reasons clearly stated in the motion.

Agreed motions for continuance signed by all parties shall be granted unless the delay would unreasonably interfere with the other business of the court. Motions for continuance will not be granted absent a showing of compelling reasons, which must be clearly articulated in the motion.

Page 7 | PART FOUR - FAMILY LAW CASES

Grounds for a continuance must be presented at least 10 days before the hearing, unless exigent circumstances apply.

Any ground for continuance shall be presented to the court at least 10 days prior to the hearing absent exigent circumstances.

Page 7 | PART FOUR - FAMILY LAW CASES

Agreed extension motions and orders must be granted without a hearing if statutory requirements are met and the reasons are stated specifically.

Agreed motions and orders for extensions shall be granted without hearing if the statutory requirements are met and the reasons are outlined with specificity.

Page 8 | (E) Specific Issues Between Review Hearings

If notice of a conflicting setting is not timely provided, the court may refuse a motion for continuance.

Where such notice of a conflicting setting is not timely provided, the court may choose to refuse a motion for continuance.

Page 5 | RULE 3.06 CONFLICTING SETTING AND ASSIGNMENTS OF COUNSEL

An attorney’s unavailability generally is not grounds for a continuance when other attorneys in the firm have significantly participated in the case.

The unavailability of a particular attorney in a firm will generally not be considered grounds for a continuance of any case where other attorneys in the firm have had significant involvement in the case, such as signing pleadings, making court appearances, or attending depositions.

Page 6 | RULE 3.07 CONTINUANCES

A motion for continuance should be accompanied by a proposed order granting or denying the requested relief.

All motions for continuance should be accompanied by a proposed order granting/denying the requested relief.

Page 5 | RULE 5.09 MOTIONS FOR CONTINUANCE

Military leave and vacation requests must be honored when timely filed.

All military leave and vacation requests shall be honored when timely filed.

Page 7 | PART FOUR - FAMILY LAW CASES

Chambers Communication Rules

Self-represented litigants must provide the clerk with their current address, email address, and telephone number.

Self-represented litigants shall be responsible for providing the clerk with current addresses, email addresses, and telephone numbers,

Page 1 | RULE 1.02 SELF-REPRESENTED LITIGANTS

Counsel and parties must remain alert to security risks and notify the court or bailiff of any concerns.

All counsel and parties shall be alert to security risks and shall notify the court or bailiff of any security concerns.

Page 2 | RULE 1.04 COURT SECURITY

Hearings on applications for temporary injunctions, temporary receiverships, and similar relief must be set in the originally assigned court after consulting with that court.

Hearings on applications for temporary injunctions, temporary receiverships, and the like, shall be set in the court to which the case has been originally assigned by consulting with that court in compliance with these local rules.

Page 2 | RULE 1.05 EMERGENCY AND SPECIAL SESSIONS; TEMPORARY ORDERS

Requests to schedule non-jury matters must be made through the court coordinator, after reasonable efforts to check the other parties’ availability and with notice of scheduling conflicts and estimated duration.

(A) All requests for the scheduling of hearings, non-jury trial settings, and other non-jury appearances (collectively, “non-jury matters”) before the court will be made by contacting the court coordinator who will arrange an appropriate time to appear before the court. Before requesting a date and time for a non-jury matter, the requesting party shall make reasonable efforts to ascertain availability from the other parties and then inform the court coordinator of potential conflicts in the attorneys’ schedules and the estimated length of time needed for the non-jury matter.

Page 4 | RULE 3.03 REQUEST FOR HEARINGS, NON-JURY TRIAL SETTINGS, AND OTHER NON-JURY APPEARANCES

A judge must not initiate, permit, or consider ex parte communications about the merits of a pending or impending proceeding.

A judge shall not initiate, permit, or consider ex parte communications or other communications made to the judge outside the presence of the parties between the judge and a party, an attorney, a guardian or attorney ad litem, an alternative dispute resolution neutral, or any other court appointee concerning the merits of a pending or impending judicial proceeding.

Page 5 | Code of Judicial Conduct, Canon 3B(8)

Before separately conferring with parties or their lawyers to mediate or settle, the judge must notify all parties and may not later hear contested matters without all parties’ consent.

(b) conferring separately with the parties and/or their lawyers in an effort to mediate or settle matters, provided, however, that the judge shall first give notice to all parties and not thereafter hear any contested matters between the parties except with the consent of all parties;

Page 6 | Code of Judicial Conduct, Canon 3B(8)(b)

A judge consulting a disinterested legal expert must notify the parties of the expert’s identity and advice and give them a reasonable opportunity to respond.

(c) obtaining the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond;

Page 6 | Code of Judicial Conduct, Canon 3B(8)(c)

Hearings on temporary injunctions, temporary receiverships, and similar applications must be set in the originally assigned court by consulting with that court under the local rules.

Hearings on applications for temporary injunctions, temporary receiverships, and the like, shall be set in the court to which the case has been originally assigned by consulting with that court in compliance with these local rules.

Page 2 | RULE 1.05 EMERGENCY AND SPECIAL SESSIONS; TEMPORARY ORDERS

Self-represented litigants must provide the clerk with their current addresses, email addresses, and telephone numbers.

Self-represented litigants shall be responsible for providing the clerk with current addresses, email addresses, and telephone numbers

Page 1 | RULE 1.02 SELF-REPRESENTED LITIGANTS

Hearings on applications for temporary injunctions, temporary receiverships, and similar matters must be set in the originally assigned court after consulting with that court.

Hearings on applications for temporary injunctions, temporary receiverships, and the like, shall be set in the court to which the case has been originally assigned by consulting with that court in compliance with these local rules.

Page 2 | RULE 1.05 EMERGENCY AND SPECIAL SESSIONS; TEMPORARY ORDERS

For hearings lasting three hours or more, attorneys must confirm in writing with the Family Law Court Coordinator at least one week in advance; parties must confer and tell the court the hearing is still needed, and failure to confirm may result in cancellation.

Attorneys shall confirm in writing with the Family Law Court Coordinator at least one week in advance of a hearing scheduled with duration of three hours or more. Parties must confer and advise the court that the said hearing is still needed. Failure to so confirm one week in advance may result in cancellation of the hearing by the court.

Page 5 | RULE 4.08 COURT SETTINGS

An attorney with conflicting settings must promptly give advance notice to the courts and opposing counsel and state the priority of the settings.

Any attorney who receives a setting that is in conflict with another setting shall promptly provide advance notice to the courts and opposing counsel of such conflict. The attorney shall indicate in such notice any priority by indicating the order of settings by date or any other priority as provided for in Rule 3.06 (B).

Page 5 | RULE 3.06 CONFLICTING SETTING AND ASSIGNMENTS OF COUNSEL

Self-represented litigants must provide the clerk with their current addresses, email addresses, and telephone numbers.

Self-represented litigants shall be responsible for providing the clerk with current addresses, email addresses, and telephone numbers,

Page 1 | RULE 1.02 SELF-REPRESENTED LITIGANTS

Counsel and parties must remain alert to security risks and notify the court or bailiff of any security concerns.

All counsel and parties shall be alert to security risks and shall notify the court or bailiff of any security concerns.

Page 2 | RULE 1.04 COURT SECURITY

Counsel and parties must remain alert to security risks and notify the court or bailiff of any concerns.

All counsel and parties shall be alert to security risks and shall notify the court or bailiff of any security concerns.

Page 2 | RULE 1.04 COURT SECURITY

As directed by the Family Law Courts, setting requests may be required to be written, may specify the time needed, and may be filed with the clerk.

Requests for settings may be required to be in writing, may specify the amount of time needed, and may be filed with the clerk, as directed by the Family Law Courts.

Page 5 | RULE 4.08 COURT SETTINGS

Court settings are arranged through the Family Law Court Coordinator.

Settings will be arranged through the Family Law Court Coordinator.

Page 5 | RULE 4.08 COURT SETTINGS

Before requesting a hearing or mediation date, the requesting party must reasonably check the other parties’ availability and inform the court coordinator of potential attorney scheduling conflicts.

Before requesting date for hearing or mediation, the requesting party shall make reasonable efforts ascertain from the other parties whether they are available, and then inform the court coordinator of potential conflict in the attorney’s schedules.

Page 7 | PART FOUR - FAMILY LAW CASES

The parties may schedule hearings by conference call with the court coordinator.

Alternatively, the parties may also schedule hearings by conference call with the court coordinator.

Page 4 | RULE 3.03 REQUEST FOR HEARINGS, NON-JURY TRIAL SETTINGS, AND OTHER NON-JURY APPEARANCES

An attorney scheduled to appear before a federal or state appellate court may be excused from another appearance upon notice to the court.

Upon notice to the court, attorneys may be excused from appearing for any purpose at any time when also scheduled to appear before any federal or state appellate court.

Page 6 | RULE 3.07 CONTINUANCES

Common questions about El Paso County Courts at Law rules

Are courtesy copies required in El Paso County Courts at Law?

Details: 1 copy. A party requesting a written order must provide the court with a copy of the supporting pleading and a proposed order, using hand delivery or email as the court prefers.

View ruleSource: page 5, section RULE 3.04 PRESENTATION OF ORDERS

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

Before filing a discovery motion, the parties are expected to comply with Texas Rule of Civil Procedure 191.2.

View ruleSource: page 7, section RULE 3.09 DISCOVERY CONFERENCE

What must be included with filed paper filings in El Paso County Courts at Law?

Every paper filed by a self-represented party must contain that party’s current address, email address, and phone number.

View ruleSource: page 1, section RULE 1.02 SELF-REPRESENTED LITIGANTS

What must be included with notice of stay filings in El Paso County Courts at Law?

A party whose case is stayed must promptly file a notice describing the grounds for the stay.

View ruleSource: page 7, section PART THREE – CIVIL CASES

How may parties contact El Paso County Courts at Law?

Requests to schedule non-jury matters must be made through the court coordinator, after reasonable efforts to check the other parties’ availability and with notice of scheduling conflicts and estimated duration.

View ruleSource: page 4, section RULE 3.03 REQUEST FOR HEARINGS, NON-JURY TRIAL SETTINGS, AND OTHER NON-JURY APPEARANCES

How does El Paso County Courts at Law handle sealed or redacted filings?

People involved in crafting an adjudicatory opinion or decision must keep non-public judicial work product confidential under supreme court rules.

View ruleSource: page 3, section Texas Government Code, Sec. 21.013

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

Any ground for continuance of the trial setting known by the attorney or the party shall be presented to the court at least 14 days prior to the trial setting or at the pretrial conference, if any, whichever shall occur first, or may be waived. This rule does not apply if a deadline is set separately under the governing scheduling order or as set by standing order of the presiding court.

View ruleSource: page 6, section RULE 3.07 CONTINUANCES

Is electronic filing required in El Paso County Courts at Law?

Yes. Electronic filing is required for the covered filings. An attorney for a represented party must designate at least one email address in the Texas E-File system’s Service Contacts tab upon the party’s first filing.

View ruleSource: page 4, section RULE 3.02 E-FILING REQUIREMENT FOR SERVICE CONTACTS

Are filing fees or waivers addressed in El Paso County Courts at Law?

A fee is required for covered filings. The jury fee must be paid before a jury-trial-setting request may be made.

View ruleSource: page 5, section RULE 3.05 REQUEST FOR JURY TRIAL

What filing deadlines does El Paso County Courts at Law set?

A qualifying written objection must be filed as soon as reasonably possible.

View ruleSource: page 4, section RULE 3.03 REQUEST FOR HEARINGS, NON-JURY TRIAL SETTINGS, AND OTHER NON-JURY APPEARANCES

What rule applies to service for process in El Paso County Courts at Law?

Process service must comply with Rule 103 of the Texas Rules of Civil Procedure.

View ruleSource: page 2, section RULE 1.03 PRIVATE SERVICE OF PROCESS
Complete rules summary for El Paso County Courts at Law

The parties may schedule hearings by conference call with the court coordinator.

Every paper filed by a self-represented party must contain that party’s current address, email address, and phone number.

A party whose case is stayed must promptly file a notice describing the grounds for the stay.

Process service must comply with Rule 103 of the Texas Rules of Civil Procedure.

Requests to schedule non-jury matters must be made through the court coordinator, after reasonable efforts to check the other parties’ availability and with notice of scheduling conflicts and estimated duration.

Self-represented litigants must provide the clerk with their current address, email address, and telephone number.

Self-represented litigants must provide all other parties or attorneys with copies of every paper they file.

Counsel and parties must remain alert to security risks and notify the court or bailiff of any concerns.

When the clerk’s office is closed, an application for immediate or temporary relief generally may not be presented to a judge until it has been filed and assigned to a court; emergencies are excepted.

Hearings on applications for temporary injunctions, temporary receiverships, and similar relief must be set in the originally assigned court after consulting with that court.

An application for ex parte relief must state whether the opposing party is represented, identify counsel if known, and state whether counsel or the party has been apprised of the application.

Upon receiving a vexatious litigant’s petition for permission to file, the clerk must immediately deliver it to the local administrative judge.

An attorney for a represented party must designate at least one email address in the Texas E-File system’s Service Contacts tab upon the party’s first filing.

The requesting party must promptly serve all other parties with a notice stating the hearing’s date, time, manner, and subject, and file a copy with the clerk.

The hearing notice must state the hearing’s date, time, and manner and the particular matter to be considered, and a copy must be filed with the clerk.

A party whose objection to the date, time, or manner of a non-jury matter cannot be resolved by conference must file a written objection stating its grounds as soon as reasonably possible.

A qualifying written objection must be filed as soon as reasonably possible.

A party requesting a written order must provide the court with a copy of the supporting pleading and a proposed order, using hand delivery or email as the court prefers.

Before a hearing, parties must timely provide the court with a copy of motions, responses, replies, and pertinent supporting documents by hand delivery or email as the court prefers.

An order submitted for signature must reflect the opposing counsel’s or party’s approval as to form or substance; without approval, a motion for entry or order may be heard before signature.

Parties must prepare an electronic copy of admitted trial exhibits for the court reporter to prepare the reporter’s record.

Parties must provide the proposed jury charge in hard copy and editable electronic form.

The proposed jury charge must include any special issues or requested special instructions that are reasonably anticipated.

A written jury-trial-setting request must be submitted to the court coordinator with a copy to all other attorneys, after a jury has been demanded, the jury fee paid, and the certificate of readiness filed.

The jury-trial-setting request must include a copy for all other attorneys.

The jury fee must be paid before a jury-trial-setting request may be made.

The notice of stay must be filed promptly.

An attorney with conflicting settings must promptly give advance notice to the courts and opposing counsel and state the priority of the settings.

If notice of a conflicting setting is not timely provided, the court may refuse a motion for continuance.

An attorney’s unavailability generally is not grounds for a continuance when other attorneys in the firm have significantly participated in the case.

More Judges in El Paso County Courts at Law

Alejandro Gonzalez
Judge
Carlos Carrasco
Judge
Dolores Reyes
Judge
Eduardo A. Gamboa
Judge
Jessica Vazquez
Judge
Jesus Rodriguez
Judge
Joseph F. Strelitz
Judge
Julie Gonzalez
Judge