Judge Derek Uchechukwu Obialo
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Proposed Findings Conclusions
Adjournments
- Resetting or continuing the initial trial setting does not change established deadlines unless an order provides otherwise.
- Late filing of a motion will rarely, by itself, justify a continuance.
- Motions for continuance should be filed early and must be in writing and presented before the trial setting.
- +7 more
Request must include
Communication
Chambers
Chambers
Clerk
Phone
Clerk
Chambers
Document Format Requirements18 rules
Since the court reporter cannot record court proceedings while marking exhibits, the parties shall personally mark and number exhibits which have not been pre-marked. Exhibit stickers are available from the court reporter upon request.
Oversized exhibits shall be accompanied by 8-1/2 x 11 copies, with a marked exhibit sticker on the front, which the court reporter will retain for the record on appeal, if any.
All exhibits shall be numbered as opposed to lettered (e.g., as Exhibit 1, 2, & 3, not as A, B & C). Exhibits need not be offered in sequential order.
- Exhibits
Formatting
- •Number exhibits rather than letter them
Parties must pre-mark and pre-number anticipated exhibits on the front of the first page and ensure they match the exchanged exhibit list.
Court's wording
All parties shall pre-mark and pre-number any exhibits they anticipate offering into evidence in advance of trial or hearing on the front of the first page of the exhibit. The exhibits marked, their description and number must match up with the current exhibit list which has been exchanged with all parties, the Court, and the court reporter.
If an exhibit number is not on the exhibit image, there must be a page preceding the image to show the exhibit number.
Photographic exhibit images must have a resolution of at least approximately 3 megapixels; higher resolutions are discouraged, color depth should be 12-bit to 18-bit when full color is necessary, and grayscale is encouraged otherwise.
Formatting
- •Higher resolutions are not encouraged
- •Otherwise, grayscale images are encouraged
Court's wording
Photographic images other than documents (e.g., photos of physical exhibits must be included within the computer file as images with a resolution of not less than 2,048 x 1,536vpixels (approximately 3 megapixels). Higher resolutions are not encouraged. If a full color rendition is necessary, color depth should be between 12-bit and 18-bit. Otherwise, grayscale images are encouraged. Photographs may be captured directly with a digital camera or scanned from a print.
Audio recordings included in the record must be MP3 files using a constant bit rate, unprotected, and no larger than 100 MB each; 44.1 kHz sampling and 64 Kbits/second are preferred, and longer recordings may be split into multiple files.
Court's wording
If an audio recording is part of the record, the audio file must be included as an MPEG-1 Audio-Layer 3 file (usually referred to as .mp3). The preferred sampling rate for the file is 44.1 kHz and the preferred bit rate for the audio file is 64 Kbits/second, though a court May Request bit rates as high as 128 Kbits/second. The mp3 audio files must use a constant bit rate. The files must not be password-protected, encrypted, or protected by rights management. Each audio file must not exceed 100 MB. If the recording is too long to fit in one file, it may be broken into multiple files.
Text-document exhibit files must be searchable PDFs compatible with the latest Adobe Reader, unprotected, and converted directly when possible; scanning should be avoided when possible and scanned materials must be made searchable by OCR.
- File type
- Text documents
Court's wording
Each computer file of a text document must be prepared in text-searchable Portable Document Format (PDF), compatible with the latest version of Adobe Reader. The computer file must not be password- protected, encrypted, or protected by rights management. Because scanning creates larger file sizes with images of lesser quality, scanning must be avoided when possible. To the extent possible, each text document must be converted directly into a PDF file using Adobe Acrobat, the word processing program’s PDF conversion utility, or another software program. Any scanned materials must be made searchable using optical-character-recognition software, such as Adobe Acrobat.
Motions and Proposed Orders must be filed as separate documents.
A proposed order’s judge-signature block must appear on the same page as the order, or the order will not be signed.
Court's wording
Furthermore, the judge’s signature block should be included on the same page as the order, not on a separate blank page. The order will not be signed, if the signature block is not included on the same page as the order.
Exhibits are to be marked with exhibit stickers. Use only numbers when marking exhibits instead of letters.
Demonstrative exhibits and trial aids used by one party may be used by all other parties. No party shall mark or permanently attach any item to an opposing party’s demonstrative aids without permission.
Each video file must not exceed 5 GB. If the recording is too long to fit in one file, it may be broken into multiple files.
If a video recording is part of the record, the video file must be included as an MPEG-4 Part 14 file (usually referred to as .mp4). Data compression is encouraged; though the submitter must assure that the video and audio content have sufficient quality. The files should not be password-protected, encrypted, or protected by rights management.
Formatting
- •Use MPEG-4 Part 14 format, usually .mp4.
- •Data compression is encouraged
Routine orders submitted to the Court for signature should contain only one date to be filled in – above the signature block.
Exhibits with multiple pages should be stapled, bound and/or assembled so that they may be accurately preserved.
The parties should make arrangements with the Court Coordinator to email their proposed charge to the Court in Microsoft Word format.
Formatting
- •Microsoft Word format
Parties may provide their own exhibit stickers.
Document Filing Requirements56 rules
When filing a motion or petition, exhibits shall be attached to the lead document and be properly labeled.
A hearing request must state the hearing type, anticipated length, and whether an interpreter is needed and in what language.
Court's wording
Request a hearing date and time by contacting the Court Coordinator, Elizabeth Adelekan, at 240AJ@fortbendcountytx.gov. You MUST indicate in your hearing request the following: 1. The type of hearing requested; 2. The anticipated length of the entire hearing 3. Whether an interpreter is necessary and the required language
Witness by Video Deposition: Audio and audio-visual recordings played in court shall be entered as an exhibit in the proceedings: which the court reporter will retain for the record on appeal, if any.
All parties shall deliver to the court reporter all exhibits on a flash drive, DVD(s), email, or other appropriate device(s) in the applicable digital format provided herein at the pre-trial hearing, if any, or no later than 5:00 p.m on the business day before a trial or hearing begins.
Motions and Proposed Orders MUST be filed before setting a hearing.
Counsel or a pro se individual must submit the ISR Form by email to the Court Coordinator at least 72 hours before an appearance, hearing, or trial when interpretation in a listed language is reasonably anticipated.
Court's wording
It is the Counsel or Pro Se Individual’s responsibility to submit an Interpreting Services Request Form (ISR Form). Completed forms must be emailed to the Court Coordinator at least 72 hours before any appearance, hearing, or trial at which the Counsel or Pro Se Individual reasonably anticipates the need for language interpretation in one of the following nine languages:
An attorney’s signature block on any pleading must contain the email address at which the attorney wishes to receive communications from the Court.
- Document
- Pleading
- Placement
- Signature block
For all retained attorneys, a written letter of representation must be on file.
Furthermore, if a case has an attorney of record on file, the newly retained attorney must file a Motion/Order to Substitute.
The Court requires a waiver to be signed prior to a trial or disposition setting.
The reset MUST include the defendant’s signature. Resets signed “by permission” will not be accepted.
Motions for trial or pretrial deadline continuances MUST be accompanied by an appropriate affidavit, unless they are agreed.
Once an exhibit is offered (even if not admitted), it must be tendered to the Court Reporter.
Motions must have certificates of conference.
- Document
- Motion
- Placement
- Certificate section
Must include
- •Certificate of conference
All certificates of conference must be explicit as to the party’s efforts to resolve the motion with all other parties/counsel prior to filing.
- Document
- Certificate of conference
- Placement
- Certificate section
If scheduling a hearing before the Presiding Judge, the requesting party must send a file-stamped copy of the Notice of Hearing to the Court Coordinator in order for the Court to schedule the hearing.
Include an explicit certificate of conference as described above in the section of these procedures titled “Certificates of Conference.”
- Placement
- Certificate section
Include
- •Certificate of conference
Any matter that has been set by the parties for an oral hearing on a date later than the deadline in the DOCKET CONTROL ORDER will not be considered by the Court without a motion for leave explaining sufficient cause for the late filing.
You must obtain a pre-trial and trial setting from the Court Coordinator prior to filing the Agreed Docket Control Order.
Notice of Hearing must include the virtual link, meeting number, and meeting password.
The Court requires an oral hearing for all Motions for Default Judgment.
If, after conferring, only one party thinks it is an emergency, the party requesting the hearing must file a motion for emergency hearing.
Responses that are filed after the response deadline provided for in the rules MUST be accompanied by a separate motion for leave to late file the response with a proposed order.
- Document
- Motion for leave to late file response
Must include
- •Proposed order
If the hearing is in-person, the Court requires the Notice of Hearing to include the name of the Court and address of the Court.
All motions for summary judgment must be titled Traditional and No Evidence or Combined Traditional and No Evidence.
If movant passes or withdraws its Motion, Movant must notify the Court in writing accompanied by a Proposed Order.
- Document
- Notice of withdrawal or passing of motion
Must include
- •Proposed order
The Notice of Hearing must contain a certificate of service which must indicate the method of service on the non-movant.
- Document
- Notice of hearing
Must include
- •Certificate of service
If the hearing is virtual, the Court requires the meeting link, meeting number, and meeting password to be included in the Notice of Hearing.
Please explicitly identify by page and paragraph the pleading or portion thereof to which you are specially excepting (unless the special exception is only to the maximum amount of damages sought pursuant to Texas Rules of Civil Procedure 47).
Motions and orders for severance must include the listed case identifiers, party and pleading information, cost-assessment attorney details, and the severance case’s status and appealability.
Court's wording
All motions and orders for severance must contain the following: a. Court number, case type and new style name; b. Reference the parties in the new suit; c. List of original pleadings to be severed out and transferred to the new case; d. List of pleadings to be transferred to the new case (together with a listing of the document type, activity date for the document, number of pages and image number); e. Indicate attorney name, address and bar number to whom costs for the severance are to be assessed; and f. Indicate the severance case's status, and whether the new case file is interlocutory (not a final appealable matter) or whether severance will cause the newly severed matter to be final and appealable upon severance. As an example, if a plaintiff obtains a summary judgment as to one of multiple defendants and severs the disposed claims against that defendant into a new cause, that severance order will start the appellate timelines because all claims in the new cause will be resolved as to all claims and all parties. This should be expressly stated in the motion for severance.
All requests for attorney’s fees as sanctions MUST be established by affidavit or live testimony as to reasonableness and necessity as well as meet other legal requirements, unless the parties agree on the record, in a filed Rule 11 Agreement, or an agreed order as to the amount.
Rule 106 substituted-service motions are decided on submission without a hearing and must include an affidavit with the specified address-verification and service-attempt information.
Court's wording
All motions for substituted service under Rule 106 will be heard by submission without the need of a hearing and must be accompanied by an affidavit that includes the following information: a. Efforts taken to verify that defendant actually lives or works at the subject address; b. Each attempt at service, with date(s) and time(s). Evidence must indicate attempted service within 3 months of filling the motion. c. Identity of persons who were present at the subject address and what was said; and d. A printout of a public record or Public Data.com or similar online database confirming that the person to be served actually resides at the address at which service is being attempted. This can also include a statement identifying license plates of cars in the driveway and attaching a printout of license plates registered to the person to be served. Statements by neighbors or by people residing in the abode must include the full name of the person and a description. The Court requires some assurance that the person resides at that address.
The parties must file a Notice of Settlement once the parties have agreed to a settlement, unless closing documents are filed immediately. The Court will schedule a status hearing by submission to give parties time to file the closing documents.
Final orders MUST state that the order disposes of all claims and all parties and is intended to be a final, appealable order.
In suits involving minors, parties must disclose to the Court whether the minor is receiving a settlement so the Court can determine whether a guardian ad litem should be appointed. The Court will not appoint a guardian ad litem where none is warranted by Texas Rules of Civil Procedure 173.
The minor settlement must be proved up at a hearing, whether virtual or in-person.
The proposed settlement agreement or judgment and the ad litem report must be filed before the hearing, but after the hearing has been scheduled.
Motions and proposed orders to withdraw as attorney of record must state how notice was provided to the client, whether the client consents, the client's last known contact details, and the client's right to appear or respond.
Court's wording
All motions and proposed orders to withdraw as attorney of record must contain the following: a. An indication that the motion to withdraw and notice of the hearing or notice of submission was provided to the client, including evidence of mailing the motion to the client; b. An indication of whether the client consents to the motion; c. The last known mailing address, phone and fax number of client; and d. Notice to client that client has the right to appear at the hearing to object to the motion or file a response prior to the submission of the motion
These motions DO require a certificate of conference, as opposing counsel has a right to be heard on these motions.
- Document
- Motion to withdraw as attorney of record
Must include
- •Certificate of conference
The Motion to Retain must be sworn to and must certify that discovery is complete, settlement attempts were unsuccessful, and the case is ready for trial. If the case is already set for trial or any other specific court action, the Motion to Retain should reflect the date and the purpose for which the case is set.
Page/line designations of deposition testimony, along with a non-condensed copy of the transcript, are to be furnished to the Court Reporter prior to the offer.
If the defendant is currently in custody in another county and has no pending court dates, then you will need to provide proof of where they are in custody and attach it to your affidavit.
All filed Motions should be accompanied by a Proposed Order. Notice of Non-Suits should also be accompanied by a Proposed Order.
- Document
- Motion
Should include
- •Proposed order
The first line of the order should begin: “On this day…”
- Document
- Proposed order
Should include
- •On this day…
Agreed motions and orders should contain signature blocks for all parties who are agreed to the relief requested and should state “AGREED AS TO SUBSTANCE AND FORM AND ENTRY REQUESTED” above the signature block.
- Document
- Agreed motion and order
- Placement
- Signature block
Redactions should be made prior to the exhibit being offered.
All unopposed or agreed motions should be titled as such.
An exhibit redacted after admission is marked as an “A” exhibit, and the Court Reporter keeps the original unredacted exhibit.
Court's wording
Exhibits redacted after the exhibit is admitted (subject to redaction or without initial objection) are to be marked as an “A” exhibit and the original, unredacted exhibit is kept by the Court Reporter for the record.
If a party is unable to reach the other side prior to filing the motion, the certificate should state the efforts to communicate with that party and should always be supplemented as soon as possible after the parties have conferred.
- Document
- Certificate of conference
- Placement
- Certificate section
Proposed orders should list each discovery issue separately so that the Court may sign a specific order granting or denying the requested relief.
Be sure to submit the discovery response(s) at issue as sub-documents when e-filing, or state verbatim the request and answer in the body of your motion.
All Motions should be accompanied by a Proposed Order.
- Document
- Motion for summary judgment
Should include
- •Proposed order
Filing & Service rules
Electronic Filing Rules
When interpretation is anticipated for one of the listed languages, the parties must submit the ISR Form to the Court by email at least 72 hours before the proceeding.
If an interpreter is required for the Initial Trial Setting or any other court proceeding, the parties shall submit an Interpreting Services Request Form (ISR Form) to the Court by email at least 72 hours before the Initial Trial Setting or court proceeding at which the parties reasonably anticipate the need for language interpretation in one of the following nine languages: Spanish, Vietnamese, Chinese, Urdu, Gujarati, Malayalam, Hindi, Tagalog, or Arabic.
Civil cases
Page 2 | 10. INTERPRETER
Exhibits for an evidentiary hearing, as well as an exhibit list and witness list, must be e-filed; the exhibits must be filed at least 24 hours before the hearing.
Exhibits for an evidentiary hearing must be e-filed at least 24 hours before the hearing date. An exhibit list and witness list must also be e-filed.
Page 1 | PROCEDURES FOR THE WEBEX HEARING
Documents must be filed with the District Clerk’s Office, not sent or faxed to the Court unless the Court instructs otherwise; this also applies to notices when e-filing.
Any document that a party wishes to file should be filed with the District Clerk’s Office. Do not send or fax documents to the Court, unless otherwise instructed by the Court. This also pertains to noticing the Court when e-filing documents.
Page 2 | I. GENERAL — C. CONTACTING THE COURT
Electronic resets will not be approved on the day of the defendant’s court setting unless the Court states otherwise.
ELECTRONIC RESETS WILL NOT BE APPROVED THE DAY OF THE DEFENDANT’S COURT SETTING, UNLESS OTHERWISE STATED BY THE COURT.
Page 3 | III. CRIMINAL DOCKETS — A. APPEARANCES / RESETS
The Court will not accept electronic resets for defendants with an active capias.
THE COURT WILL NOT ACCEPT ELECTRONIC RESETS FOR DEFENDANTS WITH AN ACTIVE CAPIAS.
Page 3 | III. CRIMINAL DOCKETS — A. APPEARANCES / RESETS
Attorneys must obtain written Court approval before emailing an electronic reset.
Attorneys MUST receive an approval from the Court in writing for an electronic reset prior to emailing a reset to the Court.
Page 3 | III. CRIMINAL DOCKETS — A. APPEARANCES / RESETS
A Motion to Retain must be e-filed with the District Clerk no later than one week before the DWOP Docket.
The Motion to Retain must be e-filed with the District Clerk no later than one week prior to the date of the DWOP Docket.
Page 10 | T. DISMISSAL FOR WANT OF PROSECUTION (DWOP) DOCKET
Electronic reset requests for dockets other than First Appearance are considered for approval case by case.
Requests for electronic resets for any other docket will be considered for approval on a case-by-case basis.
Page 3 | III. CRIMINAL DOCKETS — A. APPEARANCES / RESETS
Electronic resets for First Appearance settings are accepted and should be emailed to the Court at the stated address.
The Court will accept electronic resets for First Appearance settings and should be emailed to 240AJ@fbctx.gov.
Page 3 | III. CRIMINAL DOCKETS — A. APPEARANCES / RESETS
Filing Timing and Cure Windows
The parties must file the specified pretrial materials with the Court by 5:00 PM on the Wednesday before the initial trial setting.
By 5:00 PM on the Wednesday before the Initial Trial Setting, the parties shall file with the Court the materials stated in Rule 166(e)-(l), an estimate of the length of trial, designation of deposition testimony to be offered in direct examination, and any motions in limine.
Civil cases
Page 2 | 8. EXHIBITS AND STIPULATIONS
For anticipated interpretation in one of the listed languages, the ISR Form must be submitted at least 72 hours before the proceeding.
If an interpreter is required for the Initial Trial Setting or any other court proceeding, the parties shall submit an Interpreting Services Request Form (ISR Form) to the Court by email at least 72 hours before the Initial Trial Setting or court proceeding at which the parties reasonably anticipate the need for language interpretation in one of the following nine languages: Spanish, Vietnamese, Chinese, Urdu, Gujarati, Malayalam, Hindi, Tagalog, or Arabic.
Civil cases
Page 2 | 10. INTERPRETER
Exhibits for an evidentiary hearing must be e-filed at least 24 hours before the hearing.
Exhibits for an evidentiary hearing must be e-filed at least 24 hours before the hearing date. An exhibit list and witness list must also be e-filed.
Page 1 | PROCEDURES FOR THE WEBEX HEARING
An approved electronic reset must be emailed to the Court before the defendant’s court setting to avoid bond forfeiture.
If the Court approves an electronic reset, the reset MUST be emailed to the Court prior to the defendant’s court setting to avoid bond forfeiture.
Page 3 | III. CRIMINAL DOCKETS — A. APPEARANCES / RESETS
Plea paperwork must be turned in by 11:00 AM or the plea will be reset to the Court’s next available docket, with no exceptions.
All plea paperwork MUST be turned in by 11:00 AM. If the plea paperwork is not turned in by the above deadline, the plea will be reset to the Court’s next available docket. NO EXCEPTIONS WILL BE MADE.
Page 3 | III. CRIMINAL DOCKETS — B. PLEAS
The Notice of Hearing must be filed at least 21 days before the hearing and served on the non-movant.
The Notice of Hearing shall be filed at least 21 days before the hearing date and served on the non-movant.
Page 7 | I. MOTIONS FOR SUMMARY JUDGMENT
A summary judgment motion must be set for hearing or submission 35 to 60 days after filing, or within 90 days if good cause is shown and the docket requires it or the movant agrees.
All motions for summary judgment must be set for hearing or submission between 35 days and 60 days of the filing of the motion (or within 90 days on a showing of good cause if the court’s docket so requires or the movant agrees).
Page 7 | I. MOTIONS FOR SUMMARY JUDGMENT
Exhibits for a virtual hearing must be filed at least 24 hours before the hearing.
Exhibits must be filed at least 24 hours before the virtual hearing.
Page 7 | G. VIRTUAL HEARINGS
If a request for a hearing by submission is approved, the Court provides available dates and requires 10 days’ notice.
If approved, the Court will provide available submission dates and will require 10 days’ notice.
Page 8 | L. SUBMISSION DOCKET
A Motion to Retain must be filed no later than one week before the DWOP Docket.
The Motion to Retain must be e-filed with the District Clerk no later than one week prior to the date of the DWOP Docket.
Page 10 | T. DISMISSAL FOR WANT OF PROSECUTION (DWOP) DOCKET
If the Agreed Docket Control Order is not filed on time, the Court will issue a Uniform Scheduling Order setting trial 6–9 months after its entry.
If an Agreed Docket Control Order is not filed within the required time frame, the Court will issue a Uniform Scheduling Order with a trial date 6-9 months from the date the Uniform Scheduling Order is entered.
Page 6 | V. CIVIL DOCKETS — D. DOCKET CONTROL AND SCHEDULING ORDERS
The parties should submit an agreed docket control order for the Court’s consideration within 30 days after an Answer is filed.
The parties should submit an Agreed Docket Control Order to be considered by the Court within 30 days after the filing of an Answer.
Page 6 | V. CIVIL DOCKETS — D. DOCKET CONTROL AND SCHEDULING ORDERS
Replies filed after noon Friday for a Monday oral hearing are unlikely to be considered.
Any replies that are filed after Friday at NOON for a Monday oral hearing are NOT LIKELY to be considered by the Court.
Page 7 | General
Objections to summary judgment evidence filed on the hearing morning will not be considered.
Objections to summary judgment evidence filed on the morning of the hearing will not be considered.
Page 7 | General
If a summary judgment hearing is not set within the prescribed time, the Court will rule on the motion by submission.
If the hearing is not set within the prescribed time frame, the Court will rule on it by submission.
Page 7 | I. MOTIONS FOR SUMMARY JUDGMENT
Daubert motions should be filed and set for hearing well before trial; motions filed after the docket-control-order deadline will not be considered without a motion for leave showing exceptionally good cause.
All Daubert Motions (motions to exclude expert witness testimony) should be filed AND set for hearing WELL IN ADVANCE OF TRIAL (i.e. not on the eve of trial). The Court will NOT consider such motions filed after the deadline in the docket control order without a motion for leave demonstrating exceptionally good cause.
Page 13 | Daubert Motions
Service and Proof of Service Rules
A party joining an additional party must serve that party with a copy of the Order at the same time as the joining pleading.
The party joining an additional party shall serve a copy of this Order on the new party concurrently with the pleading joining that party.
Civil cases
Page 2 | 6. JOINDER
Plaintiff or plaintiff’s counsel must serve currently named defendants with a copy of the Order.
Plaintiff/Plaintiff’s counsel shall serve a copy of this Order on any currently named defendant(s).
Civil cases
Page 2 | 9. PRE-TRIAL CONFERENCE
The scheduling party must notify all parties, and the notice must include the WebEx link, meeting number, and password.
The scheduling party is responsible for noticing all parties. The notice must include the WebEx meeting link, meeting number, and password.
Page 1 | PROCEDURES FOR THE WEBEX HEARING
The Notice of Hearing for a default judgment motion must be sent by regular mail and certified mail, return receipt requested.
The Court requires the Notice of Hearing to be mailed by regular mail and certified mail, return receipt requested.
Page 7 | J. MOTIONS FOR DEFAULT JUDGMENT
The movant is responsible for serving the Notice of Hearing on the non-moving party.
It is the responsibility of the movant to serve the Notice of Hearing on the non-moving party.
Page 7 | I. MOTIONS FOR SUMMARY JUDGMENT
When an emergency hearing is granted, the movant must provide proper notice to all parties.
If an emergency hearing is granted, the movant is responsible for providing proper notice of the hearing to all parties.
Page 7 | H. EMERGENCY HEARINGS
The Notice of Hearing must be served on the non-movant.
The Notice of Hearing shall be filed at least 21 days before the hearing date and served on the non-movant.
Page 7 | I. MOTIONS FOR SUMMARY JUDGMENT
The Plaintiff must send a Notice of Trial to all parties; the method is not specified.
The Plaintiff is required to send a Notice of Trial to all parties involved.
Page 12 | B. NOTICE OF TRIAL
If a hearing is no longer necessary, the scheduling party must cancel it with the Court and notify all other parties.
The scheduling party is responsible for canceling the setting with the Court if a hearing is no longer necessary and shall notify all other parties of cancellation.
Page 1 | PROCEDURES FOR THE WEBEX HEARING
The movant is responsible for timely advising opposing counsel when passing a hearing.
It is the responsibility of the movant to timely advise opposing counsel if he/she is passing the hearing.
Page 6 | V. CIVIL DOCKETS — F. ORAL HEARINGS
Courtesy Copy Requirements
Courtesy copies should be filed via email to the Court Coordinator in Microsoft Word format.
Courtesy copies should be filed via email to the Court Coordinator in Microsoft Word format.
Page 14 | Findings of Fact/ Conclusion of Law
Sealing & Redaction Procedures
Sensitive data must be removed or redacted from exhibits before filing.
All sensitive data must be removed or redacted from exhibits before filing.
Page 1 | PROCEDURES FOR THE WEBEX HEARING
Filing Bundling Requirements
When multiple open cases for a defendant are disposed of at the same time, all cases must be reported on one attorney voucher, and the same event may not be billed twice.
If the defendant has multiple open cases which are disposed of at the same time, ALL CASES shall be reported on a single Attorney Voucher, (i.e. you may not bill twice for the same court setting, jail visit, etc. even if the defendant has multiple cases).
Page 2 | I. GENERAL — E. ATTORNEY VOUCHERS
Exhibits may be combined in a filing, but each exhibit must remain easily identifiable and clearly labeled.
Exhibits may be filed combined, but each exhibit must be easily identifiable and clearly labeled.
Page 1 | PROCEDURES FOR THE WEBEX HEARING
The Court encourages parties to file responses, replies, and objections as early as possible.
The Court encourages you to file responses, replies and objections at the earliest possible moment so that the Court can review them and promptly rule.
Page 7 | General
In an appropriate case, parties may consider abatement or separate trials as a potentially more suitable and less burdensome alternative to severance.
Parties may consider, in the proper case, a request for abatement of a cause of action, or separate trials within one lawsuit, as this may be a more appropriate, and less expensive and cumbersome alternative.
Page 8 | N. SEVERANCES
Pre-Motion Conference Requirements
The Court will not consider substantial and potentially dispositive motions on the eve of trial or the morning of trial.
The Court will NOT consider substantial and potentially dispositive (or outcome determinative) motions on the eve of trial or the morning of trial.
Page 6 | V. CIVIL DOCKETS — F. ORAL HEARINGS
Non-agreed motions require a hearing and notice to opposing counsel, subject to the Court’s authority to allow submission stated in the following sentence.
All non-agreed motions require a hearing with notice to opposing counsel.
Page 6 | V. CIVIL DOCKETS — F. ORAL HEARINGS
Before arranging an emergency hearing, parties must confer; if both sides agree, they must contact the Court Coordinator to arrange it.
If the need for an emergency hearing arises, parties must first consult with each other about the matter and if both sides agree to an emergency hearing, contact the Court Coordinator to set up an emergency hearing with the Court.
Page 7 | H. EMERGENCY HEARINGS
Before filing a discovery-related motion, counsel should consult opposing counsel, preferably the lead attorney.
Always consult opposing counsel (preferably the lead attorney) before filing any motion related to discovery.
Page 6 | V. CIVIL DOCKETS — E. DISCOVERY MOTIONS
Counsel anticipating a Daubert motion should schedule its hearing well before trial and discuss the motion’s scheduling with the Court at an earlier status conference.
If you anticipate a challenge to an expert’s qualifications, please schedule the hearing well in advance of trial (see discussion of Daubert Motions below). Please discuss scheduling of any anticipated Daubert motion with the Court at an earlier status conference.
Page 12 | D. TRIAL SETTINGS
The Court may permit certain motions to be decided by submission instead of at a hearing.
The court may allow certain motions to be heard by submission.
Page 6 | V. CIVIL DOCKETS — F. ORAL HEARINGS
The Court may request an oral hearing for a matter placed on the submission docket.
The Court may request an oral hearing for matters placed on the submission docket.
Page 8 | L. SUBMISSION DOCKET
Adjournment & Extension Requirements
A case cannot be continued or passed without Court approval.
A case is not continued or passed without the approval of the Court.
Page 4 | IV. CRIMINAL TRIALS — B. CONTINUANCES
Motions for continuance should be filed early and must be in writing and presented before the trial setting.
Motions for Continuance should be filed early and must be in writing and presented in advance of the trial setting.
Page 4 | IV. CRIMINAL TRIALS — B. CONTINUANCES
Filing a motion for continuance does not excuse attorneys from appearing.
Filing a Motion for Continuance does not automatically excuse appearance of the attorneys.
Page 4 | IV. CRIMINAL TRIALS — B. CONTINUANCES
Every motion for continuance, whether agreed, unopposed, or opposed, must state its number in the sequence of continuance motions.
ALL Motions for Continuance (whether agreed, unopposed or opposed) MUST state what number continuance motion is being filed (i.e. “Plaintiff’s First” or “Defendant’s Second” or “Third Agreed Motion”, etc.).
Page 4 | IV. CRIMINAL TRIALS — B. CONTINUANCES
A motion to continue a trial or pretrial deadline must include an appropriate affidavit unless the motion is agreed.
Motions for trial or pretrial deadline continuances MUST be accompanied by an appropriate affidavit, unless they are agreed.
Page 13 | Continuances
Every continuance or reset motion, whether agreed, unopposed, or opposed, must state which numbered continuance motion is being filed.
ALL continuance or reset motions (whether agreed, unopposed or opposed) MUST state what number continuance motion is being filed (i.e. “Plaintiff’s First” or “Defendant’s Second” or “Third Agreed Motion,” etc.).
Page 13 | Continuances
A case may not be continued or passed without Court approval; failure to appear at a pretrial or trial setting without approval may result in dismissal for want of prosecution.
A case is not continued or passed without the approval of the Court. Failure to appear at a pre-trial or trial setting, without the approval of the Court, may result in a dismissal for want of prosecution.
Page 13 | Continuances
Resetting or continuing the initial trial setting does not change established deadlines unless an order provides otherwise.
Reset or continuance of the Initial Trial Setting will not alter any deadlines established in the Order or established by the Texas Rules of Civil Procedure, unless otherwise provided by an order.
Civil cases
Page 1 | 1. TRIAL
A change of counsel is not a sufficient ground for a continuance.
Change of counsel is not a sufficient ground for a continuance.
Page 4 | IV. CRIMINAL TRIALS — B. CONTINUANCES
Late filing of a motion will rarely, by itself, justify a continuance.
Late filing of motions will rarely be a sufficient basis for a continuance.
Page 6 | V. CIVIL DOCKETS — F. ORAL HEARINGS
Chambers Communication Rules
Parties must not communicate ex parte with the Court, and all parties should be included in Court correspondence.
Parties are not to communicate with the Court ex-parte. All parties should be included in correspondence to the Court.
Page 1 | I. GENERAL — C. CONTACTING THE COURT
Communications with the Court must be by email; the Court will not set hearings or provide hearing dates by telephone.
All communication with the Court must be by email. The Court will not set hearings or provide hearing dates by telephone.
Page 1 | I. GENERAL — C. CONTACTING THE COURT
When a party is represented, communications with the Court must be made through that party’s attorney.
If represented by an attorney, all communication with the Court must be made through the attorney.
Page 2 | I. GENERAL — C. CONTACTING THE COURT
A party seeking to pass a hearing must notify the Court by email, and the hearing is not passed without Court confirmation.
The Court must be notified by email if you wish to pass a hearing. A hearing is not passed unless you receive confirmation from the Court.
Page 2 | I. GENERAL — C. CONTACTING THE COURT
The movant must contact the Court to request a hearing.
The movant must contact the court to request a hearing.
Page 6 | V. CIVIL DOCKETS — F. ORAL HEARINGS
To pass a hearing, the movant must notify the Court in writing by emailing the Court Coordinator.
The movant must notify the Court in writing by sending an email to the Court Coordinator to pass a hearing.
Page 6 | V. CIVIL DOCKETS — F. ORAL HEARINGS
A hearing is not passed unless and until the Court confirms the request.
A hearing is not passed until you receive confirmation from the Court.
Page 6 | V. CIVIL DOCKETS — F. ORAL HEARINGS
Requests for a summary judgment hearing date and time must be made in writing by email to the Court Coordinator.
All requests for a hearing date and time must be made in writing by sending an email to the Court Coordinator.
Page 7 | I. MOTIONS FOR SUMMARY JUDGMENT
Requests for a hearing by submission must be made in writing by email to the Court Coordinator.
All requests for a hearing by submission must be made in writing by sending an email to the Court Coordinator.
Page 8 | L. SUBMISSION DOCKET
Matters before the Associate Judge should be emailed to Court Coordinator Elizabeth Adelekan.
Matters before the Associate Judge should be emailed to the Court Coordinator, Elizabeth Adelekan, at 240AJ@fbctx.gov.
Page 1 | I. GENERAL — C. CONTACTING THE COURT
Matters before the Presiding Judge should be emailed to Court Coordinator Selena Love.
Matters before the Presiding Judge should be emailed to the Court Coordinator, Selena Love, at 240DC@fbctx.gov.
Page 1 | I. GENERAL — C. CONTACTING THE COURT
Copy requests and order-status inquiries should be directed to the District Clerk’s Office by phone or email.
All copy requests and inquiries to the status of an order should be addressed to the District Clerk’s Office. Phone number: 281-341-4515; Email: distclerk@fortbendcountytx.gov
Page 2 | I. GENERAL — C. CONTACTING THE COURT
Movants should email the Court to determine whether an unopposed or agreed motion requires a hearing.
Movant(s) should email the Court to determine if a hearing will be required.
Page 5 | V. CIVIL DOCKETS — A. AGREED AND UNOPPOSED MOTIONS
The request should be made in writing by sending an email to the Court Coordinator.
The request should be made in writing by sending an email to the Court Coordinator.
Page 6 | V. CIVIL DOCKETS — F. ORAL HEARINGS
The Court will not provide hearing dates by telephone.
THE COURT WILL NOT PROVIDE HEARING DATES BY TELEPHONE.
Page 6 | V. CIVIL DOCKETS — F. ORAL HEARINGS
If you need a panel of more than 40 jurors, please let the Court Coordinator know at least 4 weeks before trial.
If you need a panel of more than 40 jurors, please let the Court Coordinator know at least 4 weeks before trial.
Page 12 | F. JURY PANELS
To request a TRO or temporary injunction hearing, contact the Court Coordinator by email at 240AJ@fbctx.gov; most such hearings are heard by the Associate Judge.
The Associate Judge hears most of the Court’s TRO’s and TI Hearings. To request a hearing, contact the Court Coordinator by email at 240AJ@fbctx.gov.
Page 8 | K. TEMPORARY RESTRAINING ORDERS/TEMPORARY INJUCTION HEARINGS