Gregg County Court at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A party seeking to change a pre-trial conference or trial date must move and show good cause; motions filed at least 14 days before trial will be entertained, while consideration of later motions is discretionary.
- The Court will not entertain agreements to pass or continue a case.
- A party may seek to change or amend a pre-trial conference or trial date only by motion showing good cause.
- The Court will entertain date-change motions filed at least 14 days before trial and may, in its discretion, entertain motions filed within 14 days of trial.
- +1 more
Request must include
Document Format Requirements5 rules
With the exception of the dates for the pre-trial conference and the trial, the parties may amend the Litigation Control Order by agreement. Any agreement to amend the Litigation Control Order must be in writing, signed and filed with the papers as part of the record, or unless it be made in open court and entered ofrecord in accordance with Tex.R.Civ.P., 11.
A document that requires the signatures of opposing parties (such as a Rule 11 agreement) may be electronically filed only as a scanned image.
A document that is required to be verified, notarized, acknowledged, sworn to, or made under oath may be electronically filed only as a scanned image.
(a) Electronically-filed documents must be computer-formatted as specified by TexFile. Electronically-filed documents must also be formatted for printing on 8 Yi- inch by 11-inch paper.
- Paper size
- Letter
- Electronically filed document
(b) An electronically-filed pleading is deemed to comply with TEX. R. CIV. P. 45.
Document Filing Requirements7 rules
A Level 1 or Level 2 Litigation Control Order must set dates for the pre-trial conference, trial, and completion of the listed litigation tasks.
Court's wording
Specifically, the Litigation Control Order for a Level 1 or Level 2 case will set specific dates for the pre-trial conference and trial, as well as dates by which the following items must be completed: a. Joinder of Additional Parties; b. Plaintiff Designation of Expert Witnesses and Compliance with Tex.R.Civ.P. 194.2(f); c. Defendant Designation of Expert Witnesses and Compliance with Tex.R.Civ.P., 194.2(t); d. Discovery; e. Mediation; f. The Filing of Dispositive Motions or any Motions Challenging an Expert Witness; g. The Response to a Dispositive Motion or any Motions Challenging an Expert Witness; and h. Parties to Amend Pleadings;
A Litigation Control Order issued after a motion and Management Conference must include the specified trial, pre-trial, discovery, party-joinder, pleading, and expert-designation dates or limits.
Court's wording
All Litigation Control Orders issued by the Court as a result of a motion filed and a Management Conference held, must contain the following: a. A trial date; b. A pre-trial conference date; c. A discovery deadline, (The Court may either designate a date by which all discovery must be concluded or a date by which all discovery requests must be sent); d. Appropriate limits on the amount of discovery; and e. Deadline for joining additional parties; f. Deadline for amending or supplementing pleadings; g. Deadline for Plaintiff to designate expert witnesses; and h. Deadline for Defendant to designate expert witnesses.
With the exception of the dates for the pre-trial conference and the trial, the parties may amend the Litigation Control Order by agreement. Any agreement to amend the Litigation Control Order must be in writing, signed and filed with the papers as part of the record, or unless it be made in open court and entered of record in accordance with Tex.R.Civ.P., 11.
At the Pre-Trial Conference, each party must deliver to the Court its intended witness, expert-witness, and exhibit lists and proposed jury charge or instructions and questions.
Court's wording
At the Pre-Trial Conference, each party is required to deliver to the Court, the following documents: a. List of Witnesses the party intends to call in their case in chief; b. List of Expert Witnesses the party intends to call in their case in chief; c. List of Exhibits which the party intends to offer in their case in chief; and d. The party's proposed jury charge or proposed jury instruction and jury questions.
In addition to the information required on a pleading by TEX. R. CIV. P. 57, a filer must include an e-mail address on any electronically-filed document.
A filer who electronically serves a document must file it with a written service certification that includes the filer's e-mail address or fax number and the recipient's e-mail address.
- Document
- Electronically served document
Must include
- •Certificate of service
Court's wording
(b) A filer who electronically serves a document upon another party shall make a written certification of such service that shall accompany the document when that document is filed. The written certification shall include, in addition to any other requirements imposed by the Texas Rules of Civil Procedure, the following: (i) the filer ' s e-mail address or telecopier (facsimile machine) number; (ii) the recipient' s e-mail address;
(iii) the date and time of electronic service; and (iv) a statement that the document was electronically served and that the electronic transmission was reported as complete.
Filing & Service rules
Electronic Filing Rules
Electronic filing is optional unless, on a party’s motion and for good cause shown, the court orders the parties to electronically file documents permitted under Rule 3.3.
(a) Except as provided by subsection (b) below, the electronic filing and serving of court documents is wholly optional. (b) Upon the motion of a party and for good cause shown, a district court may order the parties in a particular case to electronically file and serve court documents that are permitted to be electronically filed under Rule 3 .3.
Page 1 | PART 1 GENERAL PROVISIONS, Rule 1.3
A filer filing or serving a document must have valid accounts with both an EFSP and TexFile.
A filer filing or serving a document must have a valid account with an EFSP and with TexFile.
Page 4 | Rule 4.1 TexFile
Filers must follow TexFile’s registration procedures to register to electronically file documents.
To become registered to electronically file documents, filers must follow registration procedures outlined by TexFile. The procedure can be accessed from TexFile' s website at www.texfile.com.
Page 4 | Rule 4.1 TexFile
Filers must submit documents through an EFSP, which transmits them to TexFile for electronic transmission to the district clerk; filers do not file directly with the clerk.
Filers do not electronically file documents directly with the district clerk. Rather, filers indirectly file a document with the district clerk by electronically transmitting the document to an electronic filing service provider (EFSP) which then electronically transmits the document to TexFile which then electronically transmits the document to the district clerk.
Page 4 | Rule 4.1 TexFile
Each filer must use the confidential, unique electronic identifier issued after initial registration to e-file; that use constitutes a digital signature.
Upon completion of the initial registration procedures, each filer will be issued a confidential and unique electronic identifier. Each filer must use his or her identifier in order to electronically file documents. Use of the identifier to electronically file documents constitutes a "digital signature" on the particular document.
Page 5 | Rule 4.2 Signatures
An electronic transmission to TexFile may contain only one document, except that another document may be included as an attachment.
(a) Except as provided by subsection (b) below, a filer may include only one document in an electronic transmission to TexFile. (b) A filer may electronically transmit a document to TexFile that includes another document as an attachment (e.g., a motion to which is attached a brief in support of the motion).
Page 7 | Rule 4.5 Multiple Documents
Documents that may be traditionally filed with the district clerk may be electronically filed, except for the listed categories.
A document that can be filed in a traditional manner with the district clerk may be electronically filed with the exception of the following documents: i) citations or writs bearing the seal of the court; ii) bonds; iii) subpoenas; iv) proof of service of subpoenas; v) documents to be presented to a court in camera, solely for the purpose of obtaining a ruling on the discoverability of such documents; vi) documents sealed pursuant to TEX. R. CIV. P. 76a; and vii) documents to which access is otherwise restricted by law or court order, including a document filed in a proceeding under Chapter 33, Family Code.
Page 3 | Rule 3.3 Documents That May Be Electronically Filed
After a filer electronically files a scanned image under this rule, the court may require the filer to file the document traditionally with the district clerk.
Where a filer has electronically filed a scanned image under this rule, a court may require the filer to properly file the document in a traditional manner with the district clerk.
Page 4 | Rule 3.4 Documents Containing Signatures
An affidavit or other paper described in Rule 3.4(a) or (b) may be scanned and electronically filed with the document to which it is attached.
Any affidavit or other paper described in Rule 3.4(a) or (b) that is to be attached to an electronically-filed document may be scanned and electronically filed along with the underlying document.
Page 4 | Rule 3.4 Documents Containing Signatures
A motion to seal a document and any response to that motion may be electronically filed.
A motion to have a document sealed, as well as any response to such a motion, may be electronically filed.
Page 4 | Rule 3.3 Documents That May Be Electronically Filed
A filer may transmit documents electronically through an EFSP to TexFile at any time, except during brief periods of state-approved scheduled maintenance, usually early Sunday morning.
A filer may electronically transmit a document through an EFSP to TexFile 24 hours per day each and every day of the year, except during brief periods of state-approved scheduled maintenance which will usually occur in the early hours of Sunday morning.
Page 5 | Rule 4.3 Time Document is Filed
The district clerk may maintain and make electronically filed documents available in any manner allowed by law.
(b) The district clerk may maintain and make available electronically-filed documents in any manner allowed by law.
Page 7 | Rule 4.6 Official Document
A case file may contain both electronically filed and traditionally filed documents.
(a) The district clerk's file for a particular case may contain a combination of electronically-filed documents and traditionally-filed documents.
Page 7 | Rule 4.6 Official Document
Filing Timing and Cure Windows
The Clerk must issue the Litigation Control Order as soon as practicable after any Defendant files the first answer.
The Litigation Control Order described in Rule: 2 will be issued by the Clerk of the Court, as soon as practicable after the first answer is filed by any Defendant in the case.
Page 2 | LEVEL 1 AND LEVEL 2 CASES: LITIGATION CONTROL ORDERS
Unless another rule or a Litigation Control Order provides otherwise, pre-trial motions must be filed with the Clerk no later than 3 business days before the Pre-Trial Conference; later filing requires leave of Court.
Unless otherwise set forth in these rules or in a Litigation Control Order, all pre-trial motions, including, but not limited to, Motions In Limine, must be filed with the Clerk of the Court no later than 3 business days prior to the Pre-Trial Conference. A party must obtain leave of Court to file any pre-trial motions later than 3 business days prior to the Pre-Trial Conference.
Page 5 | PRE-TRIAL MOTIONS
1. *(210 days) Joinder of additional parties. * All days are days from the trial date.
1. *(210 days) Joinder of additional parties. * All days are days from the trial date.
Page 9 | LITIGATION CONTROL ORDER
The plaintiff must designate expert witnesses and comply with Texas Rule of Civil Procedure 194.2(f) by the 120-day point measured from the trial date.
2. (120 days) Plaintiff shall designate expert witnesses and comply with Rule 194.2 (f) of the Texas Rules of Civil Procedure. * All days are days from the trial date.
Page 9 | LITIGATION CONTROL ORDER
Responses due not later than 7 days prior to the date of the hearing.
Responses due not later than 7 days prior to the date of the hearing.
Page 9 | LITIGATION CONTROL ORDER
The defendant must designate expert witnesses and comply with Texas Rule of Civil Procedure 194.2(f) by the 90-day point measured from the trial date.
3. (90 days) Defendant shall designate expert witnesses and comply with Rule 194.2 (f) of the Texas Rules of Civil Procedure. * All days are days from the trial date.
Page 9 | LITIGATION CONTROL ORDER
The discovery deadline is set at the 30-day point measured from the trial date.
6. (30 days) Discovery deadline. * All days are days from the trial date.
Page 10 | LITIGATION CONTROL ORDER
Responses to amended pleadings are due by the 10-day point measured from the trial date.
8. (10 daysL Responses to Amended Pleadings. * All days are days from the trial date.
Page 10 | LITIGATION CONTROL ORDER
The deadline for amended pleadings is set at the 20-day point measured from the trial date.
7. (20 days) Amended Pleadings. * All days are days from the trial date.
Page 10 | LITIGATION CONTROL ORDER
The schedule sets a 330-day deadline for joinder of additional parties.
1. *(330 days) Joinder of additional parties.
Page 11 | LEVEL 1 AND LEVEL 2 CASES: LITIGATION CONTROL ORDERS
The plaintiff must designate expert witnesses and comply with Rule 194.2(f) by the 120-day schedule deadline.
2. (120 days) Plaintiff shall designate expert witnesses and comply with Rule 194.2 (f) of the Texas Rules of Civil Procedure.
Page 11 | LEVEL 1 AND LEVEL 2 CASES: LITIGATION CONTROL ORDERS
Responses due 15 days after service on opposing party.
Responses due 15 days after service on opposing party.
Page 11 | LEVEL 1 AND LEVEL 2 CASES: LITIGATION CONTROL ORDERS
Dispositive motions and motions challenging an expert witness must be filed by the 60-day schedule deadline.
4. (60 days) Deadline to file dispositive motions and/or to file any motion challenging an expert witness.
Page 11 | LEVEL 1 AND LEVEL 2 CASES: LITIGATION CONTROL ORDERS
The defendant must designate expert witnesses and comply with Rule 194.2(f) by the 90-day schedule deadline.
3. (90 days) Defendant shall designate expert witnesses and comply with Rule 194.2 (f) of the Texas Rules of Civil Procedure.
Page 11 | LEVEL 1 AND LEVEL 2 CASES: LITIGATION CONTROL ORDERS
The schedule's day-based deadlines are measured from the trial date.
*All days are days from trial.
Page 12 | LEVEL 1 AND LEVEL 2 CASES: LITIGATION CONTROL ORDERS
Amended pleadings are due by the 20-day schedule deadline.
7. (20 days) Amended Pleadings.
Page 12 | LEVEL 1 AND LEVEL 2 CASES: LITIGATION CONTROL ORDERS
Responses to amended pleadings are due by the 10-day schedule deadline.
8. (10 days) Responses to Amended Pleadings.
Page 12 | LEVEL 1 AND LEVEL 2 CASES: LITIGATION CONTROL ORDERS
The schedule sets a 30-day deadline for discovery.
6. (30 days) Discovery deadline.
Page 12 | LEVEL 1 AND LEVEL 2 CASES: LITIGATION CONTROL ORDERS
A document is deemed delivered to the clerk and filed when sent to the filer's EFSP, subject to the Sunday-filing exception in Rule 4.3(h).
Upon sending an electronically-transmitted document to a filer's EFSP, the filer is deemed to have delivered the document to the clerk and, subject to Rule 4.3(h), the document is deemed to be filed.
Page 5 | Rule 4.3 Time Document is Filed
For an accepted document, the filing date and time are the date and time the filer transmitted it to the EFSP, except as provided in subsection (h).
If the document is accepted for filing, the district clerk shall note the date and time of filing which, with the exception of subsection (h) below, shall be the date and time that the filer transmitted the document to the filer's EFSP.
Page 6 | Rule 4.3 Time Document is Filed
A document transmitted to the EFSP by its filing deadline must be filed and deemed timely if the clerk receives it no more than ten days late.
If a document is electronically transmitted to the filer's EFSP and is electronically transmitted on or before the last day for filing the same, the document, if received by the clerk not more than ten days tardily, shall be filed by the clerk and deemed filed in time.
Page 6 | Rule 4.3 Time Document is Filed
Except in injunction, attachment, garnishment, sequestration, or distress proceedings, a document commencing a civil suit transmitted on Sunday is deemed filed the succeeding Monday.
Except in cases of injunction, attachment, garnishment, sequestration, or distress proceedings, documents that serve to commence a civil suit will not be deemed to have been filed on Sunday when the document is electronically transmitted to the filer's EFSP, TexFile, or the Clerk on Sunday. Such documents will be deemed to have been filed on the succeeding Monday.
Page 6 | Rule 4.3 Time Document is Filed
The clerk must decide whether to accept a document by the first business day after receiving it from TexFile, must accept compliant, properly directed documents, and the document is deemed accepted and filed if the clerk does not act within that period.
Not later than the first business day after receiving a document from TexFile, the district clerk shall decide whether the document will be accepted for filing. The district clerk shall accept the document for filing provided that the document is not misdirected and complies with all filing requirements. The district clerk shall handle electronically- transmitted documents that are filed in connection with an affidavit of inability to afford court costs in the manner required by TEX. R. CIV. P. 145. If the clerk fails to accept or reject a document within the time period, the document is deemed to have been accepted and filed.
Page 6 | Rule 4.3 Time Document is Filed
Electronic filing does not change any filing deadline.
The electronic filing of a document does not alter any filing deadlines.
Page 7 | Rule 4.4 Filing Deadlines Not Altered
Three days are added to a prescribed period for acting after service when the document was electronically served.
Whenever a party has the right or is required to do some act within a prescribed period of time after service of a document upon the party and that document is electronically served, then three days shall be added to the prescribed period of time.
Page 8 | Rule 5.3 Time for Action After Service
Mediation is encouraged, with a 45-day deadline measured from the trial date, but the order does not require mediation.
5. (45 daxs) Mediation deadline. While mediation is encouraged, this is not an order to mediate. * All days are days from the trial date.
Page 9 | LITIGATION CONTROL ORDER
The schedule sets a mediation deadline at the 45-day point, but mediation is encouraged rather than ordered.
5. (45 days) Mediation deadline. While mediation is encouraged, this is not an order to mediate.
Page 11 | LEVEL 1 AND LEVEL 2 CASES: LITIGATION CONTROL ORDERS
On the day it accepts a document, the clerk must notify TexFile, which must send a confirmation through the EFSP to the filer with a file-marked copy of the document's front page showing the filing date and time.
The district clerk shall inform TexFile of its action the same day action is taken. TexFtle shall, on that same day, electronically transmit to the filer' s EFSP a "confirmation" that the document has been accepted for filing by the district clerk. The EFSP will electronically transmit the confirmation to the filer. This confirmation will include an electronically "file-marked" copy of the front page of the document showing the date and time the district clerk considers the document to have been filed.
Page 6 | Rule 4.3 Time Document is Filed
A filer's transmission report to the EFSP is prima facie evidence of the transmission date and time.
A transmission report by the filer to the filer's EFSP shall be prima facie evidence of date and time of transmission.
Page 6 | Rule 4.3 Time Document is Filed
On the day it rejects a document, the clerk must notify TexFile and state the reason; TexFile must send an alert with the reason through the EFSP to the filer that same day.
If the document is not accepted for filing, the district clerk shall inform TexFile of its action, and the reason for such action, the same day action is taken. TexFtle shall, on that same day, electronically transmit to the filer' s EFSP an "alert" that the document was not accepted along with the reason the document was not accepted. The EFSP will electronically transmit the alert to the filer.
Page 6 | Rule 4.3 Time Document is Filed
Dispositive motions and motions challenging an expert witness must be filed by the 60-day point measured from the trial date.
4. (60 daxs) Deadline to file dispositive motions and/or to file any motion challenging an expert witness. * All days are days from the trial date.
Page 9 | LITIGATION CONTROL ORDER
Service and Proof of Service Rules
A party joining an additional party after the Litigation Control Order issues must provide that party with the order then in effect.
If additional parties are joined subsequent to the Clerk issuing the Litigation Control Order, it is the responsibility of the party joining the additional party to provide the additional party with the Litigation Control Order in effect at that time.
Page 2 | LEVEL 1 AND LEVEL 2 CASES: LITIGATION CONTROL ORDERS
The Clerk must file the Litigation Control Order and mail copies to all attorneys and pro se parties of record.
The Clerk of the Court will file the Litigation Control Order and mail copies to all attorneys, and/or pro-se parties of record.
Page 2 | LEVEL 1 AND LEVEL 2 CASES: LITIGATION CONTROL ORDERS
At least 3 business days before the Pre-Trial Conference, each party must provide every other party its intended witness, expert-witness, and exhibit lists, proposed jury charge or instructions and questions, and all pre-trial motions.
At least three (3) business days prior to the Pre-Trial Conference each party is required to provide every other party in the case the following documents: a. List of Witnesses the party intends to call in their case in chief; b. List of Expert Witnesses the party intends to call in their case in chief; c. List of Exhibits the party intends to offer in evidence in their case in chief; d. The party's proposed jury charge or proposed jury instruction and jury questions; and e. All pre-trial motions, including motions in limine.
Page 6 | PRE-TRIAL CONFERENCE
A filer may serve documents electronically at a party's e-mail address only if that party has agreed to electronic service or the court has ordered it; this method does not apply to citation.
(a) In addition to the methods of serving documents (other than the citation to be served upon the filing of a cause of action) set forth in TEX. R. CIV. P. 21 a, a filer may serve documents upon another party in the case by electronically transmitting the document to that party at the party's email address. Service in such a manner is known as "electronic service," and is permissible in the circumstances set out in paragraph (b) below. (b) Documents may be electronically served upon a party only where that party has agreed to receive electronic service or where the court has ordered the parties to electronically serve documents.
Page 7 | Rule 5.1 Electronic Service of Documents Permissible
A document to be electronically served must be served before or at the same time it is filed.
(a) Documents to be electronically served upon another party shall be served before the time or at the same time that the document is filed.
Page 8 | Rule 5.4 Certification of Service
A filer who electronically files or serves a document, or agrees to accept service, must provide any changed e-mail address to TexFile, the district clerk, and all parties.
(c) By virtue of electronically filing a document or serving a document or by agreeing to accept service, a filer additionally agrees to provide information regarding any change in his or her e-mail address to TexFile, the district clerk, and all parties in the case.
Page 8 | Rule 5.1 Electronic Service of Documents Permissible
Electronic service is complete upon transmission, and the service date is ordinarily that date; if transmission is complete after 5:00 p.m. recipient's time, service is dated the next day that is not a Saturday, Sunday, or legal holiday.
(a) Electronic service shall be complete upon transmission of the document by the filer to the party at the party' s e-mail address. (b) Except as provided by subsection (c) below, the date of service shall be the date the electronic service is complete. (c) When electronic service is complete after 5:00 p.m. (recipient' s time), then the date of service shall be deemed to be the next day that is not a Saturday, Sunday or legal holiday.
Page 8 | Rule 5.2 Completion of Service and Date of Service
Electronic service is optional unless the court orders it on a party’s motion and for good cause shown; electronic service transmits the document to the party’s email address.
(a) Except as provided by subsection (b) below, the electronic filing and serving of court documents is wholly optional. (b) Upon the motion of a party and for good cause shown, a district court may order the parties in a particular case to electronically file and serve court documents that are permitted to be electronically filed under Rule 3 .3. (h) "Electronic service" is a method of serving a document upon a party in a case by electronically transmitting the document to that party' s e-mail address.
Page 1 | PART 1 GENERAL PROVISIONS, Rule 1.3; PART 2. DEFINITIONS, Rule 2.1
Electronic filing alone does not require a party to serve documents electronically unless the court has ordered electronic service.
(d) A party who electronically files a document is not required to electronically serve documents upon other parties unless the court has ordered the parties to electronically serve documents.
Page 8 | Rule 5.1 Electronic Service of Documents Permissible
A filer may electronically serve a document whether it is traditionally filed or electronically filed.
(e) A filer may electronically serve a document in instances where the document is traditionally filed as well as in instances where the document is electronically filed.
Page 8 | Rule 5.1 Electronic Service of Documents Permissible
Filing Fees and Waivers
Filers who e-file must pay regular filing fees to the district clerk through TexFile using a method set by TexFile.
Filers who electronically file documents will pay regular filing fees to the district clerk indirectly through TexFile by a method set forth by TexFile.
Page 5 | PART 4. FILING MECHANICS
TexFile will charge an e-filing convenience fee in addition to regular filing fees, capped at the amount approved by the Department of Information Resources Board.
TexFile will charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees and will be in an amount not to exceed the amount approved by the Department of Information Resources Board.
Page 5 | PART 4. FILING MECHANICS
An EFSP may charge an e-filing convenience fee in addition to regular filing fees.
An EFSP may charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees.
Page 5 | PART 4. FILING MECHANICS
The district clerk may charge an e-filing convenience fee in addition to regular filing fees, credit card fees, or other fees.
The district clerk may charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees, credit card fees, or other fees.
Page 5 | PART 4. FILING MECHANICS
A convenience fee is charged in connection with electronic filing in addition to regular filing fees, and a District Clerk convenience fee is considered a court cost.
(a) "Convenience fee" is a fee charged in connection with electronic filing that is in addition to regular filing fees. A Convenience Fee charged by the District Clerk will be considered as a court cost.
Page 2 | PART 2. DEFINITIONS, Rule 2.1
Pre-Motion Conference Requirements
When a party files a motion under Tex.R.Civ.P. 190.4(a) for a tailored discovery control plan, the Court will set and notify the parties of a Management Conference, which all pro se parties and counsel must attend.
In any case in which a party files a motion pursuant to Tex.R.Civ.P., 190.4(a), seeking that discovery be conducted in accordance with a discovery control plan tailored to the circumstances of that specific case, the Court will set a Management Conference. The Court will notify all parties of the date, time and location, of the Management Conference. All pro-se parties and counsel for parties are required to attend the Management Conference.
Page 3 | LEVEL 3 CASES
The parties are urged to confer and prepare an agreed Litigation Control Order, which may be presented before or at the Management Conference; presenting it beforehand does not excuse attendance, though the Court will consider a request to cancel the conference.
The parties are urged to confer prior to a Management Conference and attempt to create an Agreed Litigation Control Order that is tailored to the circumstances of that case. If an Agreed Litigation Control Order is created by the parties, it may be presented to the Court at the Management Conference or prior thereto, for the Court's consideration. Creating and presenting an Agreed Litigation Control Order to the Court prior to the Management Conference does not relieve the parties from their obligation to attend the Management Conference. However, if an Agreed Litigation Control Order is presented to the Court prior to the Management Conference, the Court will consider a request by the parties to cancel the Management Conference.
Page 4 | LEVEL 3 CASES
Parties should be prepared to discuss issues relevant to a case-specific Litigation Control Order at the Management Conference.
The purpose of the Management Conference is to create a Litigation Control Order tailored to the circumstances of that case. At the Management Conference, the Court and the parties will discuss issues relevant to achieving that end. The parties should be prepared to discuss issues relevant to creating a Litigation Control Order tailored to the circumstances of that specific case. At the conclusion of the Management Conference the Court will enter a Litigation Control Order governing the case.
Page 3 | LEVEL 3 CASES
Adjournment & Extension Requirements
A party seeking to change a pre-trial conference or trial date must move and show good cause; motions filed at least 14 days before trial will be entertained, while consideration of later motions is discretionary.
The pre-trial conference date and/or the trial date set forth in the Litigation Control Order may only be changed or amended (continued or expedited) by a party on motion showing good cause for the change or amendment. The Court will entertain all motions to change or amend the pre-trial conference date or the trial date as set forth in the Litigation Control Order filed at least 14 days preceding the trial date set forth in the Litigation Control Order. It is within the Court's discretion to entertain motions to change or amend the pre-trial conference date or the trial date filed within 14 days of the trial date set forth in the Litigation Control Order.
Page 3 | LEVEL 1 AND LEVEL 2 CASES: LITIGATION CONTROL ORDERS
The Court will not entertain agreements to pass or continue a case.
This rule is specifically designed to prevent agreed passes and agreed continuances of cases. Such agreements will not be entertained by the Court.
Page 3 | LEVEL 1 AND LEVEL 2 CASES: LITIGATION CONTROL ORDERS
A party may seek to change or amend a pre-trial conference or trial date only by motion showing good cause.
The pre-trial conference date and/or the trial date set forth in the Litigation Control Order may only be changed or amended (continued or expedited) by a party on motion showing good cause for the change or amendment.
Page 5 | Litigation Control Order
The parties may change scheduled deadlines under Rule 11, except that the trial date requires a motion and good cause.
The parties may in accordance with Rule 11 of the Texas Rules of Civil Procedure change any of the deadline dates set out below with the exception of the trial date which will only be changed upon Motion and for good cause shown.
Page 9 | LITIGATION CONTROL ORDER
The Court will entertain date-change motions filed at least 14 days before trial and may, in its discretion, entertain motions filed within 14 days of trial.
The Court will entertain all motions to change or amend the pre-trial conference date or the trial date as set forth in the Litigation Control Order filed at least 14 days preceding the trial date set forth in the Litigation Control Order. It is within the Court's discretion to entertain motions to change or amend the pre-trial conference date or the trial date filed within 14 days of the trial date set forth in the Litigation Control Order.
Page 5 | Litigation Control Order