Judge William D. Old III
Individual Rules, Standing Orders & Policies
- Rules last changed:
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Document Format Requirements1 rule
1.1. All hearings 10 contested cases must be set by written motion with order attached.
Document Filing Requirements34 rules
Unless released in writing by the court coordinator, counsel must appear as scheduled.
1.1. All hearings 10 contested cases must be set by written motion with order attached.
On all motions, include the opposing counsel's name, address, and telephone and fax numbers and e-mail address under the certificate of service.
- Document
- Motion
- Placement
- Certificate section
Applications for ex parte relief shall state whether the opposing party IS represented by counsel and, if so, name said counsel.
A request for a non-jury trial lasting more than two hours must be specially made in writing, with copies served on all parties.
Court's wording
All requests for non-jury trials of more than two hours in length shall be specially requested and shall be set by the Court at the earliest possible trial date on those dates established by the Court for non-jury trials. The request shall be in writing and copies served upon all parties in the case.
Request for hearings on motions regarding discovery must be accompanied by a certification from the movant's counsel that he has attempted to obtain relief by agreement and has been unsuccessful.
Each counsel will designate those exhibits to which no objection will be made.
3.2. In all contested hearings involving child or spousal support, each party shall prepare a complete written statement of their income and expenses for the previous two years and present same to the Court prior to the hearing.
3.3. In all contested hearings involving property, each party shall prepare a complete written inventory of their assets and liabilities, both community and separate and present same to the Court prior to the hearing.
2.4.1. All amended pleadings must be in their final form;
In all divorces and motions to modify, both parents must attend an educational program at their own expense and file a completion certificate before a merits setting or final order.
Court's wording
3.4. In all divorces, contested or uncontested, or motions to modify, both parents must attend at their own expense an educational program for divorced parents such as "For Kids' Sake" and file with the Court a certificate of their completion prior to a setting on the merits or entry of a final order.
4.2. All requests for setting any jury trial or a contested non-jury trial on the merits in a family law case must be accompanied by a representation that mediation has been attempted and a letter from the mediator that the case has not settled.
No setting will be given until mediation has been attempted or waived after motion and hearing.
No case will be maintained unless a motion to retain, with order attached, is filed f prior to the hearing, alleging specific facts showing good cause for the case to be I maintained.
A defendant seeking a trial when the district attorney has not requested a setting must make a written request.
Court's wording
Criminal cases shall be set for trial at the request of the district attorney or county t l attorney. Should a defendant desire a trial in a case in which the district attorney has I i not requested a setting, the case will be set by the Court after written request by the defendant.
The Petitioner must attach a copy of the order to the original petition and each copy; if omitted, the Clerk must attach it when the petition is filed.
Court's wording
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.
1.1. All hearings in contested cases must be set by written motion with order attached.
Every motion must list opposing counsel's name, address, telephone and fax numbers, and email address under the certificate of service.
- Document
- Motion
- Placement
- Certificate section
Court's wording
1.6. On all motions, include the opposing counsel's name, address, and telephone and fax numbers and e-mail address under the certificate of service. (As a multi county jurisdiction, we do not have local access to all files in every county.)
1.7. Applications for ex parte relief shall state whether the opposing party is represented by counsel and, if so, name said counsel.
A request for a hearing on a discovery motion must include counsel's certification that an attempt to obtain relief by agreement was unsuccessful.
Court's wording
1.11. Request for hearings on motions regarding discovery must be I accompanied by a certification from the movant's counsel that he has attempted I to obtain relief by agreement and has been unsuccessful.
3.3. In all contested hearings involving property, each party shall prepare a complete { written inventory of their assets and liabilities, both community and separate and present same to the Court prior to the hearing.
2.4.1. All amended pleadings must be in their final form;
For contested child- or spousal-support hearings, each party must prepare a complete written statement of income and expenses for the previous two years and present it to the Court before the hearing.
Court's wording
3.2. In all contested hearings involving child or spousal support, each party shall prepare a complete written statement of their income and expenses for the ! i previous two years and present same to the Court prior to the hearing. Attached I hereto is a fonn to be used for that purpose.
In all divorces and motions to modify, both parents must attend an educational program for divorced parents at their own expense and file a completion certificate before a merits setting or final order.
Court's wording
3.4. In all divorces, contested or uncontested, or motions to modify, both parents must attend at their own expense an educational program for divorced parents such as I ! 1. I i r l! "For Kids' Sake" and file with the Court a certificate of their completion prior to a setting on the merits or entry of a fmal order.
4.2. All requests for setting any jury trial or a contested non-jury trial on the merits in a family law case must be accompanied by a representation that mediation has been attempted and a letter from the mediator that the case has not settled. No setting will be given until mediation has been attempted or waived after motion and hearing.
No case will be maintained unless a motion to retain, with order attached, is filed prior to the hearing, alleging specific facts showing good cause for the case to be maintained.
2.4.3. All physical evidence should be listed, marked and available for inspection.
2.4.2. Each party should have suggested jury questions and instructions;
9. Judgments of probation shall be prepared by the Community Supervision and Corrections Department, and judgments with sentences to county jail, SJD-TDCJ or ! ID-TDCJ shall be prepared by the district attorney or county attorney, unless the i f Court orders otherwise.
At the end of representation, court-appointed attorneys must provide an itemized account of in-court and out-of-court hours; an order should be attached.
Court's wording
10. All Court-appointed attorneys shall, at the conclusion of their representation of a defendant, provide the Court an itemized statement reflecting the hours spent in Court and the number of hours spent out of Court in representation of said defendant. An order should be attached to the itemized account.
A request for a non-jury trial longer than two hours must be specially requested in writing and will be set at the earliest possible trial date established for non-jury trials.
Court's wording
2.2. All requests for non-jury trials of more than two hours in length shall be specially f requested and shall be set by the Court at the earliest possible trial date on those { i' dates established by the Court for non-jury trials. The request shall be in writing II I
2.4.3. All physical evidence should be listed, marked and available for 1. t inspection. Each counsel will designate those exhibits to which no objection t I t will be made. The Court will request that predicates be waived where t admissibility is not questioned.
2.4.2. Each party should have suggested jury questions and instructions;
The Court will request that predicates be waived where admissibility is not questioned.
Filing & Service rules
Filing Timing and Cure Windows
A motion to retain must be filed before the hearing.
No case will be maintained unless a motion to retain, with order attached, is filed f prior to the hearing, alleging specific facts showing good cause for the case to be I maintained.
Page 9 | 5.3
A party may contest the order by presenting evidence at a hearing on or before fourteen days after the original petition is filed; otherwise, the order continues as a temporary injunction.
This order is effective upon the filing of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen days after the date of the filing of the original petition. If no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of the filing of the original petition, this order shall continue in full force and effect as a temporary injunction until further order of the court.
Page 4 | SERVICE AND APPLICATION OF THIS ORDER
A motion to retain must be filed before the hearing.
No case will be maintained unless a motion to retain, with order attached, is filed prior to the hearing, alleging specific facts showing good cause for the case to be maintained.
Page 15 | 5.3
Service and Proof of Service Rules
Attorneys requesting a setting must notify opposing parties within the time allowed by the Rules of Civil Procedure; the Court does not notify parties except for settings requested by pro se litigants.
Attorneys requesting settings are responsible for notifying opposing parties within the time constraints of the Rules of Civil Procedure. No Court will notify a party of a setting except in the case of a request for a setting by a pro se litigant.
Page 4 | 1. General
If opposing counsel exists, they must receive notice of the ex parte request and an opportunity to be heard.
Notice of the request for ex parte relief and an opportunity to be heard shall be given to the opposing counsel, if any.
Page 5 | 1. General
Unavailable opposing counsel must immediately give written notice, including reasons, to the counsel who set the case and the court coordinator.
If an opposing counsel is not available for hearing on the date set, they shall immediately notify the counsel setting the case and the court coordinator in writing stating reasons.
Page 5 | 1. General
Copies of a qualifying non-jury trial setting request must be served on all parties, and the party obtaining the setting must notify all other parties of it.
All requests for non-jury trials of more than two hours in length shall be specially requested and shall be set by the Court at the earliest possible trial date on those dates established by the Court for non-jury trials. The request shall be in writing and copies served upon all parties in the case. The party obtaining the setting shall notify all other parties of the setting.
Page 6 | 2. Trial on the merits
Notice of the intended dismissal and the dismissal hearing's date and place must be sent to each attorney of record and each pro se party.
Notice of the Court's intention to dismiss and the date and place of the dismissal hearing shall be sent to each attorney of record and to each pro se party.
Page 8 | 5. Dismissal dockets
Attorneys requesting a hearing setting must notify opposing parties within the time allowed by the Rules of Civil Procedure.
Attorneys requesting settings are responsible for notifying opposing parties within the time constraints of the Rules of Civil Procedure.
Page 10 | Civil and Family Cases — 1. General — 1.1
Opposing counsel, if any, must receive notice of an ex parte relief request and an opportunity to be heard.
Notice of the request for ex parte relief and an opportunity to be heard shall be given to the opposing counsel, if any.
Page 11 | Local Rules of Practice and Procedure
Copies of a written request for a non-jury trial longer than two hours must be served on all parties.
2.2. All requests for non-jury trials of more than two hours in length shall be specially f requested and shall be set by the Court at the earliest possible trial date on those { i' dates established by the Court for non-jury trials. The request shall be in writing II I and copies served upon all parties in the case.
Page 12 | 2. Trial on the merits
The party who obtains a trial setting must notify all other parties of the setting.
The party obtaining the setting ! shall notify all other parties of the setting.
Page 12 | 2. Trial on the merits
Dismissal dockets must be held at least twice each year, and notice of the Court’s intent to dismiss and the hearing’s date and place must be sent to each attorney of record and pro se party; the Court will dismiss for want of prosecution absent good cause to retain the case.
5.2. A dismissal docket shall be held not less than twice per year in each county, the 25 th District having the dismissal dockets in the first six months of the year and the 2 nd 25 th District in the second six months of the year. Notice of the Court's intention to dismiss and the date and place of the dismissal hearing shall be sent to each attorney of record and to each pro se party. At the dismissal hearing, the Court shall dismiss the case for want of prosecution unless there is good cause for the case to remain on the docket. Attached hereto is a copy of the current notice setting a case on a dismissal docket.
Page 14 | Dismissal dockets
Attorneys may file vacation letters for periods of up to four weeks per year, with copies to all opposing counsel.
Each attorney may file vacation letters with the Court, with copies to all opposing counsel, for periods not to exceed four weeks per year and will not be set during the designated period.
Page 5 | 1. General
The Court will not notify parties of a setting unless a pro se litigant requested the setting.
No Court will notify a party of a setting except in the case of a request for a setting by a pro se litigant.
Page 10 | Civil and Family Cases — 1. General — 1.1
Copies of vacation letters must be provided to all opposing counsel.
1.5. Each attorney may file vacation letters with the Court, with copies to all opposing counsel, for periods not to exceed four weeks per year and will not be set during the designated period.
Page 11 | Local Rules of Practice and Procedure
The Clerk must furnish the local rules to lawyers with county offices and to lawyers and pro se parties in civil actions, and keep an inspection-accessible record of deliveries and their dates.
The Clerk of the Courts shall deliver to each lawyer maintain an office with the county the clerk serves a copy of these local rules, a copy shall further be furnished by the Clerk to each lawyer and pro se party appearing in any civil action in this Court. The Clerk of the Court shall keep a current record of such delivery, the date thereof and make such record available for inspection .
Page 7 | Order Adopting Rules of the 25th and 2nd 25th Judicial Districts
Adjournment & Extension Requirements
Motions for continuance must comply with the cited Texas statutes and rules of civil procedure.
All motions for continuance must be in accordance with Articles 29.01 el seq., C.C.P. and Rules 251 et seq., T.R.C.P.
Page 10 | Civil and Family Cases — 1. General — 1.2
With the coordinator’s approval, all counsel may agree to set or pass a contested case, but filing a continuance motion does not guarantee that the continuance will be granted, even if all parties agree.
With the approval of the court coordinator, a contested case may be set or passed by the agrpement of all counsel; however the mere filing of a motion for continuance does not mean that the continuance will be granted, even with the agreement of all parties.
Page 10 | Civil and Family Cases — 1. General — 1.2
A contested case may be set or passed by agreement of all counsel with the coordinator’s approval, but filing a continuance motion—even with all parties’ agreement—does not ensure it will be granted, and continuance motions must comply with the cited rules.
1.2. With the approval of the court coordinator, a contested case may be set or passed by the agreement of all counsel; however the mere filing of a motion for continuance does not mean that the continuance will be granted, even with the agreement of all parties. All motions for continuance must be in accordance with Articles 29.01 et seq., C.C.P. and Rules 251 et seq., T.R.C.P.
Page 4 | 1. General
Chambers Communication Rules
Before setting a hearing, counsel must call the court coordinator to obtain available dates.
1.3. Prior to setting any case for any hearing, counsel must call the court coordinator to obtain available hearing dates.
Page 4 | 1. General
Only a court coordinator may set a case, and either district’s coordinator may set it on either court’s docket subject to court approval.
1.2. Only a court coordinator may set a case. Either the court coordinator for the 25 th or the 2nd 25 th Judicial District may set cases on either Court's docket, subject to the approval of the Court.
Page 10 | Civil and Family Cases — 1. General — 1.2
Before setting a hearing, counsel must call the coordinator for available dates and then consult opposing counsel; counsel may submit an agreed-date order to the coordinator, and the Court sets the hearing if the parties cannot agree.
1.3. Prior to setting any case for any hearing, counsel must call the court coordinator to obtain available hearing dates. Counsel must then contact opposing counsel to insure the date is agreeable to all counsel. Once a date is agreed, counsel may forward an order setting~ along with a statement that it is an agreed date, to the court coordinator for entry with the Court. If the parties, after consultation, cannot agree on a date, the Court shall set any hearings needed.
Page 10 | Civil and Family Cases — 1. General — 1.3
A vacation letter does not excuse appearance at a hearing set before the letter was filed.
Vacation letters alone will not excuse appearance at hearings set prior to the filing of the vacation letter.
Page 11 | Local Rules of Practice and Procedure
For uncontested or agreed family matters, defaults, or adoptions, no written motion is required, but a setting must be obtained by contacting the court coordinator.
1.8. For uncontested or agreed family matters, defaults or adoptions, no written motion is required, but a setting shall be obtained by contacting the court coordinator.
Page 11 | Local Rules of Practice and Procedure
An attorney may file a vacation letter, with copies to all opposing counsel, for no more than four weeks per year; hearings will not be set during the designated period.
1.5. Each attorney may file vacation letters with the Court, with copies to all opposing counsel, for periods not to exceed four weeks per year and will not be set during the designated period.
Page 11 | Local Rules of Practice and Procedure
Opposing counsel unavailable for a set hearing must immediately notify the setting counsel and court coordinator in writing and state the reasons.
1.4. If an opposing counsel is not available for hearing on the date set, they shall immediately notify the counsel setting the case and the court coordinator in writing stating reasons.
Page 11 | Local Rules of Practice and Procedure
Annual docket schedules may be obtained from either judge’s office or the district clerks’ offices.
The dockets of the 25 th and 2 nd 25 th District Courts of Colorado, Gonzales and Lavaca Counties are to be held in accordance with schedules published annually which may be obtained from the office of either judge or from the offices of the district clerks.
Page 9 | Local Rules of Practice for the 25th and 2nd 25th Judicial District Courts