Judge Craig Allen Priesmeyer
Individual Rules, Standing Orders & Policies
- Rules last changed:
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Document Filing Requirements24 rules
Discovery sanctions motions, requests for rulings on discovery objections, and motions to compel must state the disputed request, objection, and answer or response in one concise document.
Court's wording
All motions for discovery sanctions, requests for ruling on discovery objections, and motions to compel discovery shall set out within the body of the motion, the interrogatory or request which is in dispute, and the objection and answer or response which is in dispute, so that all matters necessary for the Court's consideration are set out in one concise document.
Unopposed motions shall be labeled "Unopposed" in the caption.
- Document
- Motion
- Placement
- Caption
Must include
- •Unopposed
Responses shall be in writing and shall be accompanied by a proposed order.
- Document
- Response
Must include
- •Proposed order
The notice of oral hearing shall state the time and date and be provided to all adverse parties or their counsel, by the requestor.
Motions shall state a Monday date at 8:00 a.m. as the date for written submission, unless otherwise instructed by the presiding Judge.
Motions must be written and include a certificate of service and proposed order; the proposed order must be separate unless all listed components fit on one page.
- Document
- Motion
Must include
- •Proposed order
- •Certificate of service
Court's wording
Motions shall be in writing and shall be accompanied by a certificate of service and proposed order granting the relief sought. The proposed order shall be a separate instrument, unless the entire motion, order, signature lines and certificate of service are all on one page.
Opposed motions must include a certificate of conference stating the parties’ good-faith efforts and the disagreement, or detailing why and how they could not confer.
- Document
- Opposed motion
Must include
- •Certificate of conference
Court's wording
5.9 CERTIFICATE OF CONFERENCE. Opposed motions shall contain a certificate that: 5.9.1 States that the movant and respondent have conferred with each other and in good faith have attempted to resolve the matter and 5.9.2 Identifies the basis of disagreement between counsel; or 5.9.3 States that the parties have not been able to confer, and states in detail all efforts made to confer, including dates and methods of attempted communication.
5.8 DISMISSAL. Any dismissal or non-suit shall be accomplished by notice with a court order.
9.2 All applications for ex parte relief shall state whether or not, within the knowledge of the applicant and his or her attorney, the opposing party is represented by counsel, and if so, the name of such counsel.
9.1 Except in emergencies or when the clerk's office is not open for business, no application for immediate or temporary relief shall be presented to the Judge until it has been filed.
The pleading shall contain all information required under the Texas Rules of Civil Procedure ("T.R.C.P.") Rule 57.
All parties required to attend a parent education course referenced in 8.0 below and shall file with the court a certificate verifying the party's attendance at such course.
The certificates shall be filed no later than the date the case is set for final hearing.
For temporary-order hearings involving child or spousal support, the specified financial documents must be exchanged before the hearing, even if the Initial Disclosure period has not expired.
Court's wording
In any hearing for temporary orders in which child support or spousal support is an issue, completion and exchange of Financial Information Statements, copies of income tax returns for the past two years, and the three most recent payroll stubs shall be exchanged prior to the commencement of the hearing regardless of whether the time period to make Initial Disclosure has expired under T.R.C.P. Rule 194.2.
Each inventory must include specified property, liability, characterization, insurance, employment-benefit, retirement-plan, and net-worth information in the required format.
Court's wording
Each inventory shall list each item of property and its fair market value, and shall also list each liability, together with the amount of the liability, the number of periodic payments in arrears, if any, the property securing its payment, and the name of the creditor. Any property or liability shall likewise be characterized as separate or community. All beneficial interests in insurance and all benefits arising from a party's employment (such as pensions, profit sharing plans, savings or thrift plans, whether vested or non-vested) shall be identified. Each party shall incorporate, as an exhibit to the inventory, the last information furnished to the employee about to the employee's rights and monetary interest in the retirement and savings plans. Each party shall also furnish sufficient information so the court may render a qualified domestic relations order, if applicable. The inventory shall list and total, in columnar format, the property values and liabilities. Each inventory shall show the net worth of the community estate.
If children are involved in the proceeding, the inventory shall contain sufficient information so the court may render a qualified medical child support order regarding health insurance for the children.
Before trial, parties must exchange their final sworn inventory, financial information, suggested child-support findings, and proposed property division.
Court's wording
A party's final sworn Inventory and Appraisement, Financial Information Statement and financial information required under the Family Code (including, but not limited to, the party's income tax returns for the past two years and the party's three most recent payroll stubs), as well as suggested findings regarding child support and a proposed division of property shall be exchanged prior to the commencement of trial pursuant to the court's Rules of Practice/Policies and Procedures.
In suits involving child or spousal support, each party must provide specified insurance and financial information without waiting for a discovery request, unless the financial information was previously exchanged in connection with a temporary hearing.
Court's wording
5.5 DISCLOSURE IN SUIT IN WHICH CHILD OR SPOUSAL SUPPORT IS AN ISSUE. Each party to a suit in which child support or spousal support is in issue shall, without waiting for a discovery request, provide to the other party the following information: 5.5.1 all policies, statements, and description of benefits which reflect any and all medical and health insurance coverage that is or would be available for the child or the spouse; 5.5.2 Unless the information has previously been exchanged in connection with a temporary hearing (Rule 4.1), a Financial Information Statement for the party, together with that party's previous two years income tax returns and two most recent payroll check stubs, or, if no payroll check stubs are available, the party's latest Form MT-2.
In divorce or annulment suits, each party must provide the other party specified property-related documents without waiting for a discovery request.
Court's wording
5.4.1 DISCLOSURE IN DIVORCE OR ANNULMENT. Each party to a suit for divorce or annulment shall, without waiting for a discovery request, provide to the other party the following information about property in which the party claims an interest: 5.4.2 All documents pertaining to real estate; 5.4.3 All documents pertaining to any pension, retirement, profit-sharing, or other employee benefit plan, together with the most recent account statement for any plan; 5.4.4 All documents pertaining to any life, casualty, liability, and health insurance; 5.4.5 The most recent account statement pertaining to any account located with any financial institution including, but not limited to, banks, savings & loans, credit unions, and brokerage firms.
6.1 If, prior to the disposition of a case, an appointed or retained attorney wishes to withdraw as attorney of record, the attorney must file a written motion to withdraw at least 15 days prior to a trial setting.
The reset agreement must be submitted for approval to the Court and subsequently filed with the Fort Bend County District Clerk, unless the court requires e-filing of resets.
6.2 An attorney retained to replace existing counsel must file a written motion to substitute counsel, naming both the attorney substituting in and the attorney being relieved.
Off-docket resets must follow the applicable Judge’s or court’s guidelines, and attorneys must prepare a reset agreement for court approval.
Court's wording
Off-docket resets must be handled in accordance with the guidelines outlined by the Judge or the court where the case is pending. A reset agreement must be prepared by the attorneys and approved by the Court where the case is pending.
6.3 A retained attorney of record at the time of trial will be considered the attorney of record in the event of an appeal unless the attorney files a written motion withdraw when notice of appeal is given
Filing & Service rules
Electronic Filing Rules
E-filing of reset agreements is required when the court requires it.
The reset agreement must be submitted for approval to the Court and subsequently filed with the Fort Bend County District Clerk, unless the court requires e-filing of resets.
Page 19 | 4.4 CONTINUANCES AND RESETS
Filing Timing and Cure Windows
Responses must be filed at least three days before submission unless the court grants leave.
Responses shall be filed at least three days before the date of submission, except on leave of court.
Page 10 | 5.0 MOTIONS
The written-submission date must be at least 10 days after filing unless the court grants leave.
This date shall be at least 10 days from filing, except on leave of court.
Page 10 | 5.0 MOTIONS
A person appointed by a judge who may receive a fee must file the designated attorney voucher within 60 days after a plea, dismissal, or other case disposition.
7.1 Each person appointed by a judge for which any type of fee may be paid shall file the designated attorney voucher within 60 days of any plea, dismissal or other disposition of the case.
Page 20 | 7.0 DUTIES OF ATTORNEYS — Attorney Vouchers
Service and Proof of Service Rules
The requestor must provide the oral-hearing notice to all adverse parties or their counsel.
The notice of oral hearing shall state the time and date and be provided to all adverse parties or their counsel, by the requestor.
Page 10 | 5.0 MOTIONS
Before dismissing a case for want of prosecution, notice of intent to dismiss must be given under Rule 165a to attorneys of record and pro se parties whose addresses appear in the docket or file papers.
8.1 At least once each year cases shall be dismissed for want of prosecution. Notice of intention to dismiss shall be given in accordance with Rule 165a, T.R.C.P., to all attorneys of record, and to pro se parties whose addresses are shown on the docket or in the papers of the file.
Page 12 | 8.0 DISMISSAL DOCKET
An attorney or pro se party must file an appropriate initial pleading and promptly furnish a true copy to the opposing attorney or pro se party, as applicable.
Any attorney representing a party or a pro se party in a case shall file an appropriate initial pleading with the court, be it a Petition, Answer, Notice of Appearance as Attorney of Record, or Motion and Order for Substitution of Counsel and promptly furnish a true copy thereof to opposing attorney or pro se party, as applicable.
Page 13 | 4.1 APPEARANCE OF COUNSEL
The petitioner or movant must provide the scheduling order to each party, including pro se parties, who has made or makes a general appearance in the pending case.
Notwithstanding the foregoing, it shall also be the duty of the Petitioner or Movant in a pending case in which a Scheduling Order has been issued to provide a copy of the Scheduling Order to each party, including pro se parties, who has made or makes a general appearance in the pending case.
Page 14 | 4.5 SCHEDULING ORDERS
Required disclosures must be furnished to opposing counsel or, if the opposing party is pro se, directly to that party at their address.
The disclosures required under this rule shall be made by furnishing the information to the opposing party's attorney of record or, if the opposing party is pro se, by furnishing the disclosures to the opposing party at the party's address.
Page 17 | 5.8 DELIVERY OF DISCLOSURE
A dismissal order must be followed by postcard notification under Rule 306d; dismissal occurs on or after the stated date unless good cause is shown.
8.3 Without good cause shown, such cases will be dismissed on or after the date stated therein. Postcard notification of the dismissal order shall be given in accordance with Rule 306d, T.R.C.P.
Page 12 | 8.0 DISMISSAL DOCKET
Adjournment & Extension Requirements
A setting may be passed by a motion for continuance only if the court grants it.
7.1.4 A motion for continuance granted by the court.
Page 11 | 7.0 AGREEMENTS TO PASS
When a case is rescheduled, counsel must obtain the future date from the Coordinator or Judge before leaving the courtroom.
When a case is to be rescheduled, the future date must be obtained from the Coordinator or Judge prior to leaving the courtroom.
Page 19 | 4.4 CONTINUANCES AND RESETS
All nonessential matters in the District Courts will be canceled on the days classes are canceled. Should the school closure last more than seven (7) days, the District Courts will communicate an alternate schedule on their websites.
All nonessential matters in the District Courts will be canceled on the days classes are canceled. Should the school closure last more than seven (7) days, the District Courts will communicate an alternate schedule on their websites.
Page 5 | 10.2.2 SCHOOL DISTRICTS – CLASSES CANCELED
Essential court matters proceed as scheduled unless the parties receive notice from the assigned court.
10.2.6 Essential court matters will go forward as scheduled unless the parties receive notice from the assigned individual court.
Page 5 | 10.2.6
When the District Courts invoke the procedure, nonessential matters are continued and rescheduled, while essential matters proceed as scheduled.
10.3 If the District Courts invoke these Inclement Weather, Emergency, and Public Health Scheduling Procedure, then all non-essential court matters will be continued and re-scheduled. Essential court matters will go forward as scheduled.
Page 5 | 10.3
When county buildings close, the District Courts remain closed until reopening is announced, and essential matters are rescheduled or held at approved alternate locations.
If the County Judge of Fort Bend County announces that County buildings will be closed, the District Courts will remain closed until the County Judge announces the reopening of the buildings. Essential court matters will be rescheduled or held at approved alternate locations.
Page 5 | 10.2.1 COUNTY CLOSED
If counsel is not actually in trial as represented, the case will proceed to trial without further notice.
If the attorney is not in trial as represented by the attorney or agent, the case will be tried without further notice.
Page 7 | 14.3.1
When counsel reports being in trial elsewhere, opposing counsel may request verification, and the case will be held or reset depending on when counsel is released.
Trial settings where counsel states he is in trial elsewhere will first be verified upon request of opposing counsel. The case will be placed on "hold" or reset, depending upon when the attorney will be released.
Page 7 | 14.3
The court may, in its discretion, grant a continuance for a matter scheduled before the vacation letter is filed.
It is within the court's discretion to grant a continuance in matters scheduled prior to the filing of the vacation letter.
Page 8 | 15.1 DESIGNATION OF VACATION
Chambers Communication Rules
Attorneys must call the affected Judge as soon as they learn of dual settings.
It is the duty of the attorney to call the affected Judge's attention to all dual settings as soon as they are known.
Page 7 | 14.0 CONFLICTING ENGAGEMENTS
Attorneys must notify the District Clerk when their address or telephone, fax, or email information changes.
Attorneys are required to notify the District Clerk of any change in address, telephone, fax number or e-mail address.
Page 8 | 17.0 DUTIES OF ATTORNEYS
Settings for oral hearings should be requested from the court coordinator.
Settings for oral hearings should be requested from the court coordinator.
Page 10 | 5.0 MOTIONS