Court Rules

Court-wide rules

Applies court-wide

These 42 rules apply across Grayson County District Courts. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 13
  • Applies to
    Motion
    Must include
    proposed order

    Every motion requesting relief must be accompanied by a proposed order filed simultaneously.

  • Applies to
    Exhibit list

    A complete exhibit list identifying each marked exhibit, its description, and exhibit number must be provided to counsel, the Court, and the Court Reporter before trial.

  • Applies to
    Electronic exhibit

    The Court Reporter must receive copies of specified electronic exhibits, including those over 2 gigabytes or containing proprietary media, for retention on appeal.

Formatting

All 7
  • Grayscale is encouraged for scanned photographs, but color is accepted when necessary.

  • Exhibits should be marked in the bottom-right corner whenever possible.

  • Each scanned exhibit file may not exceed 100 MB.

Communication

All 6
  • When requesting or resetting a hearing, counsel should tell the Court Coordinator how much hearing time is estimated to be needed.

  • A hearing cancellation or delay should be reported as soon as possible by both phone and email to the Court Coordinator and to opposing counsel or the non-represented party.

  • Setting requests must not be directed to a judge; unresolved setting conflicts or difficulties may require a court hearing for the court to resolve or reschedule the matter.

Filing Timing

All 5
  • A party objecting to an ADR referral order must file a written objection within ten days after receiving notice of the referral.

  • Deadline
    10 calendar days

    Temporary orders should be presented for entry within ten days after the hearing or by the Court's entry date.

  • For arrests not made pursuant to a warrant or judicial order, the forms establishing probable cause must be completed and filed when the arrestee is booked into jail.

About Judge Brian K. Gary

Honorable Brian K. Gary is the judge the county lists for the 397th District Court of Grayson County, Texas. That court publishes more than the other two: rules specific to the court, uniform scheduling orders for civil cases, family law orders, rules for non-criminal remote proceedings, a tax case disclosure order, and a letter on continuances in criminal cases. The court states that parties should read its courtroom policies, courtroom conduct and dress code before appearing, and that in inclement weather parties should check the county's main site for delays and closings. The court's page lists the court's coordinator, Katy Milam, its bailiff, Kevin Hudson, and its reporter, Paula Thomas.

**Court:** 397th District Court, Grayson County Justice Center **Address:** 200 S. Crockett St., Sherman, Texas 75090 **Hours:** Monday to Friday, 8:00am to 5:00pm **Coordinator:** Katy Milam, (903) 813-4200 x4311, Katy.milam@co.grayson.tx.us

Common questions about Judge Brian K. Gary's rules

Are courtesy copies required for Judge Brian K. Gary?

Courtesy-copy rule applies when a filing is > 25 pages. A courtesy copy of the exhibits must be provided to the Court when the exhibits exceed 25 pages.

View ruleSource: page 1, section PROCEDURES FOR LITIGANTS

What formatting rules apply to filings before Judge Brian K. Gary?

Judge Brian K. Gary's formatting rule includes file format PDF. Exhibits submitted for a hearing must be in PDF format.

View ruleSource: page 1, section PROCEDURES FOR LITIGANTS

What must be included with motion filings before Judge Brian K. Gary?

The rule requires certificate of conference. A motion seeking relief from or modification of the Standing Family Law Order will not receive a hearing unless the requesting party files a Certificate of Conference showing that agreement could not be reached.

View ruleSource: page 1, section 1.1. TEMPORARY RESTRAINING ORDERS

What must be included with temporary order filings before Judge Brian K. Gary?

The rule identifies required filing content or certificates. The Court may sign temporary orders without a hearing only when the stated circumstances are satisfied.

View ruleSource: page 3, section F. Signing Temporary Orders

How may parties contact Judge Brian K. Gary's chambers?

The rule addresses email communications with Judge Brian K. Gary's clerk. The rule lists email 397@co.grayson.tx.us. Counsel must contact the court coordinator by email before the trial date to ensure that a required child interview is scheduled on the court calendar.

View ruleSource: page 4, section D. Child Interviews

How do I request an adjournment or extension before Judge Brian K. Gary?

Advance notice is not fully stated in the structured details. A party seeking removal from a criminal trial docket must file and obtain a ruling on a continuance motion before the pre-trial hearing; otherwise, the case remains on the docket and may be called to trial.

View ruleSource: page 1, section Continuances in Criminal Cases

Are filing fees or waivers addressed before Judge Brian K. Gary?

A fee is required for covered filings. A party seeking a jury trial must pay the jury fee before entry of the scheduling order.

View ruleSource: page 1, section Scheduling Order and Discovery Control Plan in Family Law Proceeding

When is a filing treated as filed before Judge Brian K. Gary?

The rule addresses filing timing, filing status, or cure windows. A motion to compel responses to discovery generally must be filed within 7 days after discovery closes, subject to the stated exception for exclusion sanctions under Rule 193.6.

View ruleSource: page 1, section UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)

What rule applies to service for scheduling order before Judge Brian K. Gary?

The rule addresses service method, recipient, or timing requirements. Details: timing: at filing. A party joining an additional party must serve the new party with a copy of the scheduling order concurrently with the pleading joining the party.

View ruleSource: page 2, section UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)
Complete rules summary for Judge Brian K. Gary

A motion to compel responses to discovery generally must be filed within 7 days after discovery closes, subject to the stated exception for exclusion sanctions under Rule 193.6.

Amended pleadings asserting new claims or defenses are due 30 days before discovery ends, while other amended pleadings are due 7 days after discovery ends.

Expert-qualification and reliability objections must be filed no later than 30 days before the Initial Trial Setting, and the deadline cannot be moved without leave of court.

Responsive amended pleadings may be filed late if filed within 2 weeks after the timely pleading they respond to.

Additional parties generally may not be joined more than 5 months after the case begins unless leave is granted for good cause.

A party joining an additional party must serve the new party with a copy of the scheduling order concurrently with the pleading joining the party.

The parties must file the listed pretrial materials with the court by 4 p.m. on the Tuesday before the Pretrial Conference.

Plaintiff or plaintiff's counsel must serve the Scheduling Order on every currently named defendant that answers after the order's date.

A party seeking removal from a criminal trial docket must file and obtain a ruling on a continuance motion before the pre-trial hearing; otherwise, the case remains on the docket and may be called to trial.

A motion seeking relief from or modification of the Standing Family Law Order will not receive a hearing unless the requesting party files a Certificate of Conference showing that agreement could not be reached.

A party seeking relief from or modification of the Standing Family Law Order must file a motion stating the specific grounds for the requested relief.

For a temporary restraining order application supported by an appropriate affidavit, the Court will set a hearing within 14 days.

A temporary-orders hearing that the Court has set and announced may not be continued without a proper motion for continuance.

A responsive temporary-order application and notice of its hearing must be served on the adverse party in accordance with Texas Rules of Civil Procedure 5 and 21a.

When temporary spousal or child support is at issue, each party must furnish a monthly income-and-expense statement substantially similar to Appendix 1.

Each party must furnish copies of the federal income tax returns for the two calendar years before the temporary hearing.

Each party must furnish all payroll statements, pay stubs, W-2 forms, and 1099 forms evidencing earnings from the prior calendar year through the date of the temporary hearing.

Each party must furnish checking and savings account statements, canceled checks, deposit slips, check registers, and deposit and withdrawal slips for accounts used during the two years before the temporary hearing.

Each party must furnish copies of financial statements filed with any financial institution during the two years before the hearing.

The Court may sign temporary orders without a hearing only when the stated circumstances are satisfied.

A temporary order submitted for signature without a hearing must be accompanied by a letter notifying the opposing counsel or party of the right to object within ten days after the letter is mailed.

The submitting attorney must certify that the order and letter were sent through eFile or, for a self-represented party, to the party's last known address or qualifying email address.

A continuance of a final hearing or trial will not be granted unless a proper motion is filed more than three business days before the scheduled hearing.

Counsel must contact the court coordinator by email before the trial date to ensure that a required child interview is scheduled on the court calendar.

When property or debts are at issue, each party must file a sworn inventory and appraisement of all separate and community property and all debts and liabilities at least 30 days before trial or the final hearing.

Parties are recommended, but not required, to use a form substantially similar to Form 5-1 of the Texas Family Law Practice Manual or the form available from the court coordinator.

After the parties' sworn inventories are filed, the parties must file a composite inventory and appraisement substantially similar to the form available from the court coordinator.

The Petitioner must start the composite inventory and send it to the Respondent to complete at least fourteen (14) days before trial or final hearing.

The respondent must complete and file the composite inventory and serve a copy on the petitioner no later than seven days before trial or the final hearing.

A party who completes the course must file a certificate of completion within 30 days after completion or by the next court appearance, whichever occurs sooner.

More Judges in Grayson County District Courts

James P. Fallon
Judge
Larry Phillips
Judge