Judge Monica Darlene Rawlins
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- A motion for continuance must be set for submission or hearing at least ten days before trial.
Communication
Phone
Clerk
Document Format Requirements1 rule
Exhibits should be pre-marked identifying the offering party (Petitioner, Respondent, Intervenor, etc.) and using numbers only. For example, "Petitioner Ex. 1," but not "Petitioner Ex. A."
Document Filing Requirements33 rules
This Order confirms the District Clerk of Fort Bend County shall attach the appropriate Standing Temporary Mutual Injunctions to every cause, under a separate tab, in which a divorce or suit affecting the parent child relationship is filed.
The District Clerk of Fort Bend County shall also provide a copy of the appropriate Standing Temporary Mutual Injunctions with every request for citation as follows :
For Temporary Orders hearings involving child support, the Financial Information Statement must contain sufficient information about available health and dental insurance, including the cost for the children.
Court's wording
For any hearing for Temporary Orders for child support, the Financial Information Statement SHALL contain sufficient information regarding each party's available health and dental insurance, including but not limited to the cost for the children, so the Court may render a medical support order regarding health and dental insurance for the children.
If child or medical support is at issue, the Financial Information Statement must provide sufficient information about available health and dental insurance, including the cost for the children.
Court's wording
If child support/medical support is at issue, the Financial Information Statement SHALL contain sufficient information regarding each party's available health and dental insurance, including but not limited to the cost for the children, so the Court may render a medical support order regarding health and dental insurance for the children.
Sworn Inventories or the Proposed Division of Property SHALL list and total, in column format, all property values and liabilities. and shall show the net worth of the community estate and the net worth of any claimed separate estate.
Each party shall also furnish sufficient information to enable the Court to render a Qualified Domestic Relations Order (QDRO), if applicable.
All beneficial interests in insurance and 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 Sworn Inventory and Proposed Division of Property shall list each item of property and its fair market value, each liability and amount, , property securing payment, and name of each creditor.
Any property or liability shall be characterized as separate or community.
A Motion for Modification of Temporary Orders must have a supporting affidavit and must be approved by the Court.
g. For final trials before the Associate Judge, a Stipulated Waiver of Appeal from Associate Judge's Ruling/Recommendation must be filed with the District Clerk prior to your trial date.
The notice must state that: (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least three (3) days before the submission date, or longer if required by statute or rule.
The caption of the Motion must state either Opposed or Unopposed.
- Document
- Motion
- Placement
- Caption
Nonmovant's Response must have a marked up copy of Movant's Proposed Order which identifies the proposed edits.
Opposed motions shall contain a Certificate of Conference which (1) states that the parties have conferred with each other and in good faith have attempted to resolve the matter or (2) 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.
- Document
- Motion for continuance
Must include
- •Certificate of conference
Movant's Motion to Enter must have the Proposed Order as an exhibit.
- Document
- Motion to enter
Must include
- •Proposed order
Opposed motions shall contain a Certificate of Conference which (1) states that the parties have conferred with each other and in good faith have attempted to resolve the matter or (2) states that the parties have not been able to confer and detailing all efforts made to confer, including dates and methods of attempted communication.
- Document
- Motion
Must include
- •Certificate of conference
f. ALL Orders must be signed as APPROVED TO FORM by the parties' counsel and self-represented litigants.
e. If an Agreed Order is submitted by Prove-Up Affidavit/Declaration, the appearances section of the Agreed Order must indicate that the parties did not appear in person and that the making of a record was waived (if applicable).
e. For finals orders, all required documents/information must be filed by the entry date. The Court will not sign an order until all required documents/information have been filed.
b. Prove-Up Affidavits/Declarations must include the same information that would be elicited during a prove-up with a witness in the courtroom and must contain the actual signature of the party.
g. Agreed Orders must be signed by all parties, counsel, and self-represented litigants. Signatures are accepted pursuant to T.R.C.P.
i. A Mediated Settlement Agreement (MSA) must be filed.
A Respondent must have made a prior appearance or filed a Waiver or Answer before the Court will consider an Agreed Order signed by a Respondent.
All required documents/information must already be on file or be filed when the Agreed Order is filed. The Court will not sign orders unless all required documents/information has been filed.
All required documents pertaining to your case as listed in the 328th Judicial District Court Checklist for Entry of Final Decrees/Orders must be filed prior to the Court hearing your case.
If you are using forms, a Final Decree or Order can not contain any blanks. If a provision does not apply it should be marked N/A or None.
The Motion should contain if the parties have mediated and or if mediation has been scheduled and the date.
d. Failure to file a Proposed Order by the entry date and time may result in the case being dismissed.
c. Prove-Up Affidavits/Declarations should be e-filed as a separate document at the same time as the Agreed Order along with all other necessary forms.
An Agreement Incident to Divorce (AID) does not have to be filed. If an AID is not filed, it must be sent to the court coordinator for the Court’s review.
An Agreed Order pursuant to an MSA should not state that the Court makes findings about the children’s best interests or the just and right division of the community estate.
Court's wording
f. If an Agreed Order is pursuant to a Mediated Settlement Agreement (MSA) the Agreed Order should not state the Court makes findings regarding the best interest of the child(ren) or just and right division of the community estate. For example: Incorrect: The Court finds that “X” is ... Correct: The Court finds that the parties have agreed that “X” is ..., or the parties agree that “X” is ...
Supporting documentation may be either attached or submitted as an exhibit.
Filing & Service rules
Electronic Filing Rules
The court is paperless, and documents and pleadings must be filed with the District Clerk.
The 328th District Court is paperless. Documents and pleadings shall be filed with the District Clerk.
Page 1 | 1. GENERAL POLICIES
To be considered for Court Appointments, applicants must complete the annual application and submit it to the Court coordinator by email.
For consideration for Court Appointments, each year, an Application for Court Appointments (located on the Court's website), must be completed and submitted to the Court coordinator via email 328th@fortbendcountytx.gov.
Page 14 | 18. COURT APPOINTMENTS
The identified parties, attorneys, and ad litems are permitted to e-file documents for inclusion in the confidential files.
Furthermore. the above referenced parties, lawyers and ad !items sball be allowed to e-fik <lornments for inclusion in these confidential files .
Civil cases
Page 1 | Confidentiality and Access to Certain Child-Related Case Files
Filing Timing and Cure Windows
THE ABOVE MUST BE SUBMITTED TO THE COURT DURING THE TRIAL.
THE ABOVE MUST BE SUBMITTED TO THE COURT DURING THE TRIAL.
Page 5 | 5. DISCLOSURES FOR TEMPORARY ORDERS AND FINAL TRIAL
The listed Temporary Orders materials must be submitted to the Court during the hearing.
THE ABOVE MUST BE SUBMITTED TO THE COURT DURING THE HEARING.
Page 5 | 5. DISCLOSURES FOR TEMPORARY ORDERS AND FINAL TRIAL
Exhibit and witness lists must be exchanged and filed with the clerk by noon on the business day before any hearing or trial.
Exhibit List and Witness List SHALL be exchanged and filed with the clerk by 12 noon on the business day before any hearing or trial.
Page 6 | 6. EXHIBITS/WITNESSES
A pretrial conference is mandatory for every jury trial and must be completed at least seven days before trial starts.
e. Pretrial conferences are mandatory for all jury trials and shall be completed no less than seven (7) days prior to the trial start date.
Page 7 | 8. TRIAL SETTINGS
A pretrial conference is mandatory for every adoption and must be completed at least seven days before trial starts.
f. Pretrial conferences are mandatory for all adoptions and shall be completed no less than seven (7) days prior to the trial start date.
Page 7 | 8. TRIAL SETTINGS
Counsel and self-represented litigants must sign up with the Court coordinator and file all orders and closing documents at least 72 hours before the Evening Zoom Docket.
Counsel and self-represented litigants must sign up for this docket no later than 72 hours before the Evening Zoom Docket with the Court coordinator, and all orders and closing documents must be filed 72 hours before the Evening Zoom Docket.
Page 8 | 10. EVENING ZOOM DOCKET
Responses must be filed at least three days before submission, or earlier if required by statute or rule.
Responses must be filed and served at least three (3) days before the submission date, or earlier if required by statute or rule.
Page 9 | Responses
An objection to a Proposed Order must be filed by noon on the day before the entry date.
c. An objection to the Proposed Order must be filed by 12:00 p.m. on the day before the entry date.
Page 10 | 13. Entry of Orders
The deadline for 2025 Court Appointment applications is January 31, 2025.
*The Deadline for Applications for 2025 is January 31, 2025
Page 14 | 18. COURT APPOINTMENTS
Everything on the Adoption Pretrial List should be completed and on file at least three days before the pretrial conference.
Everything in the Adoption Pretrial List should be completed and on file at least three (3) days before the Pretrial Conference.
Page 7 | 8. TRIAL SETTINGS
Failure to file all required documents at the time of entry may result in dismissal.
Failure to file all required documents at the time of entry may result in the case being dismissed.
Page 10 | 13. Entry of Orders
Service and Proof of Service Rules
The parties must exchange the listed final-trial financial disclosures and proposed materials no later than ten days before trial begins.
Each party's final Sworn Inventory, Financial Information Statement and financial information required under the Tex. Fam. Code including, but not limited to, the party's income tax returns for the past two years and the party's two most recent payroll stubs, last statement furnished to the employee concerning the employee's rights and monetary interest in each retirement and savings plan, Proposed Child Support Calculation, Proposed Division of Property, and Proposed Requested Relief SHALL be exchanged no later than ten (10) days before commencement of final trial.
Page 5 | 5. DISCLOSURES FOR TEMPORARY ORDERS AND FINAL TRIAL
For Temporary Orders hearings involving disputed child or spousal support, the parties must exchange the listed financial documents by noon on the business day before the hearing.
In any hearing for Temporary Orders in which child or spousal support is in dispute, the parties SHALL exchange by 12 noon on the business day before the hearing a Financial Information Statement, income tax returns for the previous two years, each party's two most recent payroll stubs, and Proposed Support Calculations.
Page 5 | 5. DISCLOSURES FOR TEMPORARY ORDERS AND FINAL TRIAL
For all Temporary Orders hearings, the parties must exchange Proposed Requested Relief by noon on the business day before the hearing.
For all hearings for Temporary Orders, the parties SHALL exchange by 12 noon on the business day before the hearing Proposed Requested Relief.
Page 5 | 5. DISCLOSURES FOR TEMPORARY ORDERS AND FINAL TRIAL
Exhibits must be pre-marked, exchanged, and provided in copies to counsel and self-represented litigants by noon on the business day before any hearing or trial.
Exhibits shall be pre-marked, exchanged and copies provided to all counsel and self-represented litigants by 12 noon on the business day before any hearing or trial.
Page 6 | 6. EXHIBITS/WITNESSES
Notice and proof of notice to opposing counsel and self-represented litigants must comply with the Texas Rules of Civil Procedure and be filed.
Notice and proof of notice to opposing counsel and self-represented litigants shall be pursuant to the Texas Rules of Civil Procedure and shall be filed.
Page 6 | 7. HEARING SETTINGS
Information required by the Jury Trial Preparation Order must be furnished to the Court and exchanged with counsel and self-represented litigants at least three days before the pretrial conference.
All information set forth in the Jury Trial Preparation Order shall be furnished to the Court and exchanged with all counsel and self-represented litigants at least three (3) days before the Pretrial Conference.
Page 7 | 8. TRIAL SETTINGS
Notice and proof of notice to opposing counsel and self-represented litigants must comply with the Texas Rules of Civil Procedure and be filed.
c. Notice and proof of notice to opposing counsel and self-represented litigants shall be pursuant to the Texas Rules of Civil Procedure and shall be filed
Page 7 | 8. TRIAL SETTINGS
Movants must serve notice of a submission setting at least ten days before the hearing, longer if required by law, and must serve a new notice for an amended motion.
Movants must serve the notice of submission setting at least ten (10) days before the date of the hearing, or more if required by statute or rule. An amended motion requires a new 10-day notice of submission setting.
Page 8 | 11. SUBMISSION DOCKET
Proposed orders must be sent to opposing counsel or the self-represented litigant five days before the entry date, unless the Court sets a shorter period.
b. Proposed Orders must be sent to the opposing counsel or self-represented litigant five (5) days prior to the entry date, unless the Court sets a shorter time period.
Page 9 | 13. Entry of Orders
Responses must be served at least three days before submission, or earlier if required by statute or rule.
Responses must be filed and served at least three (3) days before the submission date, or earlier if required by statute or rule.
Page 9 | Responses
A courtesy copy of your vacation letter shall be provided to all opposing counsel and self-represented litigants in your case.
A courtesy copy of your vacation letter shall be provided to all opposing counsel and self-represented litigants in your case.
Page 2 | 1. GENERAL POLICIES
Sealing & Redaction Procedures
Files involving the listed child-related matters are confidential and not open to public viewing.
Child of Assi~ted Reproduc ti on and Gestation;il Agreemems under Chapter 160, et seq. of the Texas Family Code. sha ll be contidenti.il images and not open to public viewing.
Civil cases
Page 1 | Confidentiality and Access to Certain Child-Related Case Files
Adjournment & Extension Requirements
Only the party who set a hearing or the Court may pass it, and passing one hearing does not pass another party’s hearing.
f. Hearings may only be passed by the party setting the hearing or by the Court. Passing a hearing does not pass any other hearing set by another party.
Page 3 | 2. DOCKET
For a case more than a year old, a motion for continuance must be filed by submission or set for a hearing.
b. For cases more than year old, a Motion for Continuance shall be filed by submission or set for a hearing.
Page 9 | 12. Motions for Continuance
A motion for continuance must be set for submission or hearing at least ten days before trial.
c. Motion for Continuance must be set for submission or hearing at least ten (10) days prior to the trial date.
Page 9 | 12. Motions for Continuance
For a case less than a year old, the first motion for continuance will generally be granted, subject to court approval.
a. Generally, for cases less than a year old, the first Motion for Continuance will be granted, subject to the Court's approval.
Page 9 | 12. Motions for Continuance
Chambers Communication Rules
Cases requiring a hearing must be scheduled by emailing the court coordinator and added to the docket.
a. ALL cases that require a hearing must be scheduled through the court coordinator via email at 328th@fortbendcountytx.gov and added to the docket to be heard.
Page 3 | 2. DOCKET
e. Announcements of "pass", conflicts, or late appearances shall be communicated to the court coordinator and all opposing counsel and self-represented litigants via email prior to 8:30 a.m. The email should include the cause number, estimated time of arrival, and specific information regarding the conflict or reason for the late appearance.
e. Announcements of "pass", conflicts, or late appearances shall be communicated to the court coordinator and all opposing counsel and self-represented litigants via email prior to 8:30 a.m. The email should include the cause number, estimated time of arrival, and specific information regarding the conflict or reason for the late appearance.
Page 3 | 2. DOCKET
A hearing-date request must be emailed to the court coordinator before filing a motion and should include the estimated hearing time.
Request for hearing dates shall be made by emailing the court coordinator at 328th@fortbendcountytx.gov PRIOR to filing a motion. The estimated time needed for the hearing should be included with the request.
Page 6 | 7. HEARING SETTINGS
Trial-date requests must be emailed to the court coordinator with the expected trial length and all counsel and self-represented litigants included; the former request form is not accepted.
b. Request for trial dates shall be made by emailing the court coordinator at 328th@fortbendcountytx.gov. The expected length of trial should be included in your email. All counsel and self-represented litigants must be included in the email. (The Trial Setting Request form is no longer being used and will not be accepted).
Page 7 | 8. TRIAL SETTINGS
Court staff do not provide legal advice or participate in ex parte communications.
The Court staff does NOT provide legal advice or participate in ex parte communications.
Page 1 | 1. GENERAL POLICIES
Court communications must go through the coordinator by email, with opposing counsel and self-represented litigants included except when requesting hearing dates.
All communication with the Court shall be through the court coordinator via email at 328th@fortbendcountytx.gov. Opposing counsel and self-represented litigants shall be included in all communications with the court coordinator, save and except for requesting hearing dates.
Page 1 | 1. GENERAL POLICIES
All questions regarding a file, filing, service, etc. should be directed to the District Clerk's Office at 281-341-4509 or www.fortbendcountytx.gov.
All questions regarding a file, filing, service, etc. should be directed to the District Clerk's Office at 281-341-4509 or www.fortbendcountytx.gov.
Page 1 | 1. GENERAL POLICIES
The Court holds a Submission Docket every Friday at 8:30 a.m.; if it determines an oral hearing is needed, the coordinator will contact counsel and self-represented litigants with instructions.
On Fridays of each week, at 8:30 a.m., the Court will have a Submission Docket. If the Court believes that an oral hearing is needed, the court coordinator will contact counsel and self-represented litigants with further instructions.
Page 8 | 11. SUBMISSION DOCKET