Judge Edward Michael Krenek
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Proposed Findings Conclusions
Adjournments
- Continuance motions should be filed early.
- Criminal continuance motions must be written and presented before the trial setting.
- Continuance motions should be filed as early as possible; in cases over two years old, the movant must show a significant reason or proper basis and why it could not have been addressed earlier, subject to the Court’s stated flexibility for unforeseen discovery needs, recent developments, witness conflicts, and similar reasons.
- +4 more
Request must include
Communication
Phone
Court-wideDocument Format Requirements11 rules
Exhibits are to be marked with exhibit stickers. Use only numbers when marking exhibits instead of letters.
- Exhibits
Formatting
- •Mark exhibits with exhibit stickers
- •Use numbers rather than letters to mark exhibits
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.
Exhibits are to be marked with exhibit stickers. Use only numbers when marking exhibits instead of letters. Parties may provide their own exhibit stickers. Exhibits with multiple pages should be stapled, bound and/or assembled so that they may be accurately preserved.
Once an exhibit number has been assigned, the same exhibit number may not be used for another exhibit, even if the original exhibit is withdrawn or not used in the hearing or trial.
After assignment for trial, the parties should arrange to email their proposed jury charges to the Court in Microsoft Word format.
Formatting
- •Microsoft Word format
Court's wording
2. Once assigned trial, the parties should make arrangements with the Court coordinator to e- mail their proposed charge to the Court in Microsoft Word format so that the Court may compile the Court’s charge as the trial proceeds.
Exhibits with multiple pages should be stapled, bound and/or assembled so that they may be accurately preserved.
- Exhibits
Formatting
- •Staple, bind, or assemble multi-page exhibits so they may be accurately preserved
Exhibits with multiple pages should be stapled, bound and/or assembled so that they may be accurately preserved.
- Exhibits
Formatting
- •Staple, bind, or assemble multi-page exhibits so they may be accurately preserved
Exhibits are to be marked with exhibit stickers. When possible, use only numbers when marking exhibits instead of letters. Parties may provide their own exhibit stickers if they wish.
- Exhibits
Formatting
- •Mark exhibits with exhibit stickers
- •When possible, use numbers rather than letters to mark exhibits
Videos, audio recordings, and other electronically stored data should be provided to the Court and Court Reporter on an electronic drive.
Court's wording
Videos, audio recordings, and other electronically-stored data should be provided to the Court and the Court Reporter on an electronic drive (i.e., thumb drive / flash drive or computer disc) so as to preserve the exhibit and to allow the Court to consider such items as part of the case presentation.
Each side’s proposed jury charge should also be emailed to the Court Coordinator in a word processing format (not pdf) shortly before the start of the trial.
The Court prefers proposed orders to use the stated signature-block format.
Court's wording
In order to expedite the handling and processing of Court orders using technology instead of paper, the Court prefers to receive signature blocks on all proposed orders that provide as follows: Signed on: _____________________ _____________________________ Hon. Edward M. Krenek 400th Judicial District Court
Document Filing Requirements70 rules
All resets (including those submitted via email) MUST include the defendant’s signature. The only exception is for defendants who are quarantined for health reasons. Otherwise the Court will not accept “signed with permission”.
Plea/disposition paperwork must be signed and filed before docket for all pleas.
For all retained attorneys, a written letter of representation must be on file.
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.).
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
- Response
Must include
- •Proposed order
Motions must include an explicit certificate describing efforts to resolve the dispute; if the parties have not conferred before filing, the certificate must describe communication efforts and be supplemented as soon as possible after conferral.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
Motions must have certificates 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. If a party was 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.
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.
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.
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.
Motions and orders for severance must include the listed new-case details, party and pleading information, document details, and the attorney to whom severance costs will be assessed.
Court's wording
All motions and orders for severance must contain the following: a. New case number, 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
Default judgments may be set on the submission docket unless unliquidated damages must be proved; submit the required non-military affidavit and Certificate of Last Known Address, and identify in the motion and proposed judgment whether the judgment is final or interlocutory.
Court's wording
Default judgments can be set on the submission docket, unless you need to prove up unliquidated damages. Please submit the proper non-military affidavit by visiting the Defense Manpower Data Center’s (DMDC) Military Verification service at https://scra.dmdc.osd.mil and a Certificate of Last Known Address. Please make clear in the title of the motion and proposed judgment whether the judgment will be final (disposing of all claims and all parties) or interlocutory (partial).
A request for an oral hearing is not a substitute for a response nor for a motion to continue the hearing. Please clearly identify your request for an oral hearing or your request to continue the hearing by filing them separately from your response with proposed orders attached.
- Document
- Response
Include
- •Proposed order
If, after conferring, only one party thinks it is an emergency, the party requesting the hearing must file a motion for emergency hearing.
Final orders MUST state that the order disposes of all claims and all parties and is intended to be a final, appealable order.
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).
A motion for severance must state whether the severed case will be interlocutory or final and appealable.
Court's wording
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 motions for substituted service under Rule 106 must be accompanied by an affidavit that includes the following information:
Applications must indicate that the attorney satisfies the following qualifications:
For a non-suit or dismissal involving a minor, parties must disclose whether the minor is receiving a settlement; filings without that information will not be granted.
Court's wording
In non-suits and dismissals 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, however it is important that this information is furnished to the Court for proper consideration. Nonsuits and dismissals filed without providing this information will not be granted.
An attorney who desires to be appointed shall apply with the Court via the application on the Court’s website and forward their application and resume with the required evidence of qualifications to the Court coordinator. Fluency in languages other than English, should also be listed.
All motions and proposed orders to withdraw as attorney of record must contain the following:
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
3. 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.).
2. Motions for trial or pretrial deadline continuances MUST to be accompanied by an appropriate affidavit, unless they are agreed.
Plea/disposition paperwork must be signed and reviewed/approved by all parties (and probation department, if necessary) before the Court will take up such pleas.
For all retained attorneys, a written appearance or other letter of representation must be on file.
Every trial continuance request must identify its sequence number and basis; the Court also requests specified information about the requested duration, opposing party’s position, discovery, and anticipated mediation.
Court's wording
ALL requests for trial continuances (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” etc.) and provide the basis for why the continuance is being sought. The Court requests: i) the movant also provide the amount of time being sought on the trial continuance; ii) the movant contact opposing counsel (or pro se party) and state opposing counsel/party’s position on the continuance if not agreed or unopposed; iii) indicate the status of discovery (what has been done, what still needs to be done, and how much time is needed to complete such discovery); and iv) represent whether any pending discovery and/or anticipated mediation will be completed by the new trial setting date sought in the trial continuance.
PLEASE NOTE: 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.
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.
Every severance motion and order must include the specified case-identification, party, pleading-transfer, cost-assessment, and finality information.
Court's wording
All motions and orders for severance must contain the following: 1) New case number, Court number, case type and new style name; 2) Reference the parties in the new suit; 3) List of original case pleadings to be severed out and transferred to the new case; 4) List of pleadings a copy of which is to be transferred to the new case (movant must identify the pleading by filing number and/or by date and description); 5) Indicate the name, address and bar number (if counsel) to whom costs for the severance are to be assessed; and 6) 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.
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.
A default-judgment motion set for submission must include exhibits demonstrating entitlement, a non-military affidavit, and a Certificate of Last Known Address; cases requiring proof of unliquidated damages should be set for oral hearing, and the motion and proposed judgment must identify whether judgment is final or interlocutory.
Court's wording
The Court generally prefers to consider default judgments by hearing. However, with the exception of matters that require prove up of unliquidated damages, default judgments may be set on the submission docket as long as the motion for default judgment contains all necessary exhibits demonstrating entitlement to default judgment. If evidence/testimony is needed to prove up unliquidated damages, the motion for default judgment should be set for oral hearing. As part of the motion for default judgment, the movant must submit the proper non-military affidavit by visiting the Defense Manpower Data Center’s (DMDC) Military Verification service at https://scra.dmdc.osd.mil and a Certificate of Last Known Address. Please make clear in the title of the motion and proposed judgment whether the judgment will be final (disposing of all claims and all parties) or interlocutory (partial).
Please clearly identify your request for an oral hearing or your request to continue the hearing by filing them separately from your response, along with proposed orders attached.
- Document
- Oral hearing request or request to continue hearing
Include
- •Proposed order
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).
This should be expressly stated in the motion for severance and the corresponding proposed order.
A Rule 106 substituted-service motion must comply with Rule 106 and include an affidavit addressing residency or employment verification, at least four service attempts with specified timing and recent-attempt evidence, persons present and statements made, and records or other evidence supporting residence at the address.
Court's wording
All motions for substituted service under Rule 106 of the Texas Rules of Civil Procedure (R106) must meet compliance with Rule 106 and must be accompanied by an affidavit that includes the following information: 1) Efforts taken to verify that defendant actually lives or works at the subject address; 2) Each attempt at service, with date(s) and time(s). There should be a minimum of 4 service attempts, with attempts both during the late evening/weekend and during the workday/morning. Evidence must indicate attempted service within 3 months of filing the motion, although earlier service attempts may also be included to apprize the Court of all efforts to serve the Defendant; 3) Identity of persons who were present at the subject address and what was said, if anything; and 4) A printout of a public record or Public Data.com or similar online database confirming that the person to be served actually resides or is likely to reside 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.
Submit a proposed order for both dismissals and nonsuits; a signed order is necessary to officially close the case.
- Document
- Dismissal or nonsuit
Include
- •Proposed order
Court's wording
Please submit a proposed Order for both Dismissals and Nonsuits (irrespective that the filing of a nonsuit under the Texas Rules of Civil Procedure dismisses the claims without the necessity of a signed order) as a signed order is necessary for the case to be officially closed, and doing so documents the finality of the case for the District Clerk’s Office to further process such action and close out the case.
The proposed R106 Order must include all such requirements in the body of the Order.
- Document
- Proposed order
- Placement
- Body of the document
A substitution motion filed within 60 days of the current trial setting must state whether new counsel will be ready for trial or seek a continuance.
Court's wording
If substitution of counsel is requested within 60 days of a current trial setting, then the motion for substitution must also include whether new counsel will be ready for trial on the current trial setting, or alternatively whether new counsel will be seeking a trial continuance.
The Movant or its counsel must verify the accuracy of the email address being used and indicate the basis for why that email address of the Defendant is accurate.
Final orders/judgments/dismissals MUST state that the order disposes of all claims and all parties and is a final, appealable order.
Applications must indicate that the attorney satisfies the following minimal qualifications: Be licensed by and in good standing with the State Bar of Texas for at least one (1) year preceding the initial application.
All proposed orders granting withdrawal when the client/litigant will remain pro se MUST include in the body of the Order all of the Client’s Contact Information set forth above.
- Document
- Proposed order granting withdrawal
- Placement
- Body of the document
Motions to Withdraw that do not include substitution of counsel require a certificate of conference, as opposing counsel has a right to be heard on these motions or otherwise represent their position.
- Document
- Motion to withdraw without substitution
Must include
- •Certificate of conference
If the client is an entity, the withdrawal motion must be set for hearing and the entity’s representative notified to attend.
Court's wording
If the party represented by withdrawing counsel is an entity, the Motion to Withdraw will need to be set for hearing with the representative (for the entity whose counsel is withdrawing) notified to be present at the hearing.
An attorney who desires to be appointed shall apply with the Court via the application on the Court’s website and forward their application and resume with the required evidence of qualifications to the Court coordinator.
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.).
Accurate exhibit lists should be furnished to The Court and to the Court Reporter.
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.
Agreed or unopposed motions do not have to be placed on the Court’s oral hearing or submission docket. All unopposed or agreed motions should be titled as such. These motions are expeditiously presented to The Court without the necessity of a hearing (this includes unopposed motions for continuance).
Proposed orders should list each discovery issue separately so that the Court may sign a specific order granting or denying the requested relief.
All non-suits and voluntary dismissals should be titled as interlocutory or final. Interlocutory orders should expressly list which parties and claims are being dismissed and which remain (if any).
Non-suit motions, notices, and orders should cite Texas Rule of Civil Procedure 162, and the motions are immediately presented without submission or an oral hearing.
Court's wording
Motions and notices of non-suit as well as orders of non-suit should expressly state that they are being filed pursuant to Rule 162 of the Texas Rules of Civil Procedure. These motions are immediately presented to The Court without the necessity of submission or oral hearing.
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
The Court requests that the full text of the discovery request in dispute, along with the response to such discovery request, be put into the body of the motion or letter, in addition to including a copy of the discovery request as an exhibit to a motion to compel if one is filed.
Motions other than dispositive motions (i.e., motion for summary judgment; motion to dismiss; pleas to the jurisdiction) should include a certificate of conference.
- Document
- Non-dispositive motion
Should include
- •Certificate of conference
If a party was unable to reach the other side prior to filing the motion, the certificate of conference should state the efforts to communicate with that party and should always be supplemented as soon as possible after the parties have conferred.
Proposed orders should list each disputed discovery request separately, except when the dispute concerns a failure to answer any discovery requests.
Court's wording
Proposed orders should list each discovery request separately so that the Court may indicate its ruling (granting or denying the requested relief) as to each discovery request at issue, unless the discovery dispute involves the failure to answer any of the discovery requests.
Certificates of conference should be explicit as to the party’s efforts to resolve the dispute that is the subject of the motion with all other parties/counsel prior to filing.
Filing & Service rules
Filing Timing and Cure Windows
Replies filed after noon Friday for a Monday oral hearing are not likely 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 6 | E. ORAL HEARINGS
Absent good cause, filings made within 24 hours of a hearing may generally not be considered; good cause for the late filing may be presented to the Court.
Absent good cause, any filings made within 24 hours of the hearing may generally not be considered by the Court unless good cause for such late filing is presented to the Court.
Page 10 | Oral Hearings
A hearing on challenges to an expert’s qualifications, methodologies or opinions should be scheduled well in advance of a trial setting. Unless indicated otherwise in a DCO, the deadline to schedule a hearing on any Daubert/Robinson motions or other challenges to expert witness qualifications is 30 days before trial, absent otherwise obtaining leave of Court to consider such motions less than 30 days before trial.
A hearing on challenges to an expert’s qualifications, methodologies or opinions should be scheduled well in advance of a trial setting. Unless indicated otherwise in a DCO, the deadline to schedule a hearing on any Daubert/Robinson motions or other challenges to expert witness qualifications is 30 days before trial, absent otherwise obtaining leave of Court to consider such motions less than 30 days before trial.
Page 16 | CHALLENGES TO EXPERT WITNESSES
For a jury panel larger than 40, counsel should notify the Court coordinator of the reasons as early as possible and no later than four weeks before trial.
If you need a panel of more than 40 jurors, please let the Court coordinator know of the circumstances warranting a larger jury venire panel as early in the proceedings as possible, but in any case at least 4 weeks before trial.
Page 16 | JURY PANELS
The Court encourages parties to file responses, replies, and objections as early as possible.
The Court encourages all parties to file responses, replies and objections as early as possible so that the Court can review them and promptly rule.
Page 10 | Oral Hearings
Service and Proof of Service Rules
The movant must give proper written hearing notice to the Court and all parties and timely advise opposing counsel if passing the hearing.
It is the movant’s responsibility to provide proper written notice of the hearing to the Court and to all parties. It is also the movant’s responsibility to timely advise opposing counsel if he/she is passing the hearing.
Page 5 | E. ORAL HEARINGS
If 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 6 | F. EMERGENCY HEARINGS
Before docket call, the parties must exchange proposed jury charges, motions in limine, exhibit lists and exhibits, party/attorney lists, witness lists, and deposition excerpts.
1. The Court requires the parties to exchange proposed jury charges, motions in limine, exhibit lists, actual exhibits, party/attorney lists, witness lists, and deposition excerpts BEFORE the docket call, which is usually conducted by the coordinator by email the Friday that is 10 days before the trial date.
Page 10 | G. JURY CHARGES
Opposed Motions will be set for hearing or other consideration on dates provided by the Court Coordinator. Movant should contact the Court Coordinator to obtain and hearing date. It is also incumbent upon the movant to file and serve a Notice of Hearing on such motions.
Opposed Motions will be set for hearing or other consideration on dates provided by the Court Coordinator. Movant should contact the Court Coordinator to obtain and hearing date. It is also incumbent upon the movant to file and serve a Notice of Hearing on such motions.
Page 7
The movant must provide written notice of the hearing to the Court and all parties, including the date and time for expedited hearings.
It is the movant’s responsibility to provide proper written notice of the hearing to the Court and to all parties, including the hearing date/time for expedited hearings.
Page 9 | Oral Hearings
Orders granting the specified substituted service must require copies of the Citation, Petition, and R106 Order to be sent by both certified and regular U.S. mail.
All Orders granting a R106 Motion for Substituted Service that allows for service by delivering the Citation and Petition to any person over age 16 or by leaving the Citation and Petition on the door/gate of the residence MUST ALSO INCLUDE the movant sending a copy of the Citation, Petition and the R106 Order to the Defendant(s) being served utilizing BOTH certified mail and regular US Mail.
Page 13 | GENERAL RULES AND COURT PROCEDURES
The movant should schedule the emergency hearing through the Court Coordinator and then notify all counsel or parties.
The movant should contact the Court Coordinator to schedule the emergency hearing and thereafter provide notice of the emergency hearing to all counsel/parties.
Page 10 | Emergency Hearings
The Court may consider email to a known and verified defendant address as an alternative to the stated mailing requirements.
The Court will also consider allowing substituted service that includes sending the Citation, Petition and the R106 Order utilizing email to a known and verified email address of the Defendant in lieu of utilizing mailing requirements set forth above.
Page 13 | GENERAL RULES AND COURT PROCEDURES
Courtesy Copy Requirements
For proposed findings and conclusions in a non-jury trial, courtesy copies should be emailed to the Court coordinator in Microsoft Word format.
Courtesy copies should be filed via e-mail to the Court coordinator in Microsoft Word format.
Page 11 | L. FINDINGS OF FACT/ CONCLUSION OF LAW
The Court requests that extensive briefing and copies of case authorities be provided before the hearing.
The Court requests that extensive briefing and copies of case authorities be provided in advance of the hearing.
Page 4 | CRIMINAL TRIALS — GENERAL
Pre-Motion Conference Requirements
Before filing a discovery-related motion, consult opposing counsel, preferably the lead attorney.
Always consult opposing counsel (preferably the lead attorney) before filing any motion related to discovery.
Page 5 | D. DISCOVERY MOTIONS
Motions of nonsuit are immediately presented to the Court without submission or an oral hearing.
These motions are immediately presented to the Court without the necessity of submission or oral hearing.
Page 13 | VOLUNTARY NONSUITS/DISMISSALS
Adjournment & Extension Requirements
Criminal continuance motions must be written and presented before the trial setting.
Motions for continuance must be in writing and be presented in advance of the trial setting.
Page 3 | III. CRIMINAL TRIALS, A. GENERAL
Reset requests should be emailed before docket call with the defendant’s name, docket date, and counsel’s electronic signature block and contact information; if timely email is not possible, counsel must contact the Court or appear to discuss the request, and the Court retains discretion to grant it.
To prevent forfeiture, requests for resets should be emailed before docket call. Emails must include defendant’s name and docket date and provide counsel’s electronic signature block with contact information. If unable to timely email a reset request, you must contact the Court or otherwise appear to discuss the situation with the Judge presiding over the proceedings. The granting of any reset is subject to the Court’s discretion.
Page 2 | APPEARANCES / RESETS
Every reset request, including one submitted by email, must include the defendant’s signature.
All resets (including those submitted via email) MUST include the defendant’s signature.
Page 2 | APPEARANCES / RESETS
Continuance motions must be written and presented before the trial setting, except in emergency circumstances.
Motions for continuance must be in writing and be presented in advance of the trial setting absent emergency circumstances.
Page 5 | CRIMINAL TRIALS
Continuance motions should be filed early.
1. Continuance motions should be filed early.
Page 10 | E. CONTINUANCES
In a case more than two years old, failure to complete mediation or other ADR before the trial setting is not a proper basis for a trial continuance.
For cases that are more than 2 years old, the failure to have conducted mediation/ADR prior to the trial setting shall not be a proper basis or reason for a trial continuance.
Page 16 | MEDIATION
Continuance motions should be filed as early as possible; in cases over two years old, the movant must show a significant reason or proper basis and why it could not have been addressed earlier, subject to the Court’s stated flexibility for unforeseen discovery needs, recent developments, witness conflicts, and similar reasons.
Continuance motions should be filed as early in the case as possible. Cases that are more than 2 years old will need to demonstrate a significant reason or proper basis for continuance along with a showing of why such basis for continuance could not have been accomplished earlier. However, the Court intends to be reasonable when continuances are necessary due to the need for discovery that could not have been anticipated, or when recent developments warrant a continuance, or due to witness scheduling conflicts, or other similar reasons.
Page 16 | CONTINUANCES
Chambers Communication Rules
For an emergency hearing, parties must first consult; if both sides agree, contact the Court coordinator to arrange a video conference.
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 a video conference with The Court.
Page 6 | F. EMERGENCY HEARINGS
Obtain the hearing date from the Court Coordinator before setting a hearing.
Do not set a hearing date without getting that date from the Court Coordinator.
Page 9 | Oral Hearings
Reset emails should be sent before docket call to prevent forfeiture, and their subject lines must include the defendant’s name and docket date.
To prevent forfeiture, resets should be emailed before docket call. Emails must include defendant’s name and docket date in the subject.
Page 1 | II. CRIMINAL DOCKETS — A. APPEARANCES / RESETS
Notify the Court coordinator 30 days before trial if you plan to use a jury questionnaire.
2. If you are going to use a jury questionnaire, let the Court coordinator know 30 days before trial.
Page 10 | F. VOIR DIRE
If a jury panel of more than 40 jurors is needed, notify the Court coordinator at least four weeks before trial.
1. If you need a panel of more than 40 jurors, please let the Court coordinator know at least 4 weeks before trial.
Page 10 | D. JURY PANELS
Reset requests should be sent to the Court by email before docket call.
To prevent forfeiture, requests for resets should be emailed before docket call.
Page 2 | APPEARANCES / RESETS
Counsel for a defendant should be cognizant of interpreter needs and ensure that Court personnel are timely notified about the needs for an interpreter sufficiently in advance of any proceedings. All requests for an interpreter should be made to the Court Coordinator as early in the proceedings as possible. Interpreter requests should be made in writing preferably through a court filing/notice of the need for an interpreter, or at least via email to the Court Coordinator while also copying opposing counsel. Interpreter notice requirements also apply if either the State or the Defense are aware of the need for an interpreter for any witnesses anticipated to testify in any case proceedings.
Counsel for a defendant should be cognizant of interpreter needs and ensure that Court personnel are timely notified about the needs for an interpreter sufficiently in advance of any proceedings. All requests for an interpreter should be made to the Court Coordinator as early in the proceedings as possible. Interpreter requests should be made in writing preferably through a court filing/notice of the need for an interpreter, or at least via email to the Court Coordinator while also copying opposing counsel. Interpreter notice requirements also apply if either the State or the Defense are aware of the need for an interpreter for any witnesses anticipated to testify in any case proceedings.
Page 3 | INTERPRETERS
A movant seeking emergency consideration should notify the Court Coordinator and all counsel or parties of the need for the hearing and its basis.
If emergency consideration is requested, the movant should notify the Court Coordinator and all counsel/parties of the need for such emergency hearing and the basis for same.
Page 10 | Emergency Hearings
Each side should email its proposed jury charge to the Court Coordinator shortly before trial.
Each side’s proposed jury charge should also be emailed to the Court Coordinator in a word processing format (not pdf) shortly before the start of the trial.
Page 17 | PRETRIAL FILINGS - JURY CHARGES / FINDINGS OF FACT AND CONCLUSIONS OF LAW
A party may email the Court Coordinator about an expected ruling or hearing consideration, providing the case number and style, the relief sought, and the filing date.
A party may also send email correspondence providing the Court Coordinator with: i) the case number and style; ii) the motion or other relief sought; and iii) the date such motion or other request for relief was filed.
Page 8 | COURT HEARING DATES AND RULINGS
For bench trials, the Court requests proposed Findings of Fact and Conclusions of Law to be submitted by both sides (in lieu of a jury charge), with a word processing version also emailed to the Court Coordinator.
For bench trials, the Court requests proposed Findings of Fact and Conclusions of Law to be submitted by both sides (in lieu of a jury charge), with a word processing version also emailed to the Court Coordinator.
Page 17 | PRETRIAL FILINGS - JURY CHARGES / FINDINGS OF FACT AND CONCLUSIONS OF LAW