Grimes County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
Document Format Requirements1 rule
The proposed order shall be a separate instrument.
Document Filing Requirements16 rules
The setting request shall be in the form as posted on each Court's respective webpage.
Requests for hearings and trials in the District Courts shall be made in writing to the court in which the matter is pending, and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the setting request.
All pro se parties upon filing any petition or responsive pleading should provide an email address for service via efile, as well as address and current phone number. Any parfy unable to provide such information above must file a pleading requesting an exception to this rule.
Opposed motions and responses shall contain a Certificate of Conference indicating that the counsel involved have attempted to resolve the dispute prior to filing of the motion or response, the date of such attempt and the manner of communication of such an attempt, or any other requirement of the court.
- Document
- Opposed motion or response
Must include
- •Certificate of conference
Motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought.
- Document
- Motion and response
Must include
- •Proposed order
A Rule 91(a) response must follow the motion’s numerical order and identify the relied-on law, facts, allegations, and inferences, where they appear in the pleadings, and supporting argument and authorities.
Court's wording
The response shall address the motion in the same numerical order established in the motion for Dismissal of Baseless Causes of Action under Rule 9l(a). Any response shall state the specihc law and/or facts relied upon, identiS any allegations, inferences drawn from and/or specific facts relied upon to defeat the motion, and speciff where in the pleadings the allegations, inferences drawn from and/or specific facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specific references to the allegations, inferences drawn from and/or specific facts pled.
A Rule 91(a) motion must state its legal or factual grounds and include a clear, concise argument for each ground with supporting authorities and specific references to the pleadings and evidence.
Court's wording
The motion shall state either that that the cause of action should be dismissed on the grounds that it has no basis in law or fact or both. If claim is to dismiss on the grounds that there is no basis in law, the motion shall state the specific law that if the allegations, taken as true, together with inferences reasonably drawn from them, do not entitle the claimant to relief sought. If claim is to dismiss on the grounds that there is no basis in law, the motion shall state the specific facts that show that no reasonable person could believe the facts that have been plead. The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the pleadings and evidence that show the Rule 9l(a) motion should be granted.
A summary judgment response must follow the motion’s numerical order and identify its supporting facts, their sources and locations in the evidence, and provide a concise argument with citations and evidence references.
Court's wording
The response shall address the motion in the same numerical order established in the motion for summary judgment. The response shall state the specihc facts relied upon, identifu the source ofthose facts, and specifu where in the summary judgment evidence the facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specihc references to the summary judgment evidence.
A pre-trial summary judgment motion must number its grounds and identify the supporting facts, their sources and locations in the evidence, and include a concise argument with citations and evidence references for each ground.
Court's wording
The motion shall state the specific grounds thereof in numerical order and shall state the specific facts relied upon in each ground, identifu the source of those facts, and specifu where in the summary judgment evidence the facts are found. The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the summary judgment evidence.
Opposed motions and responses shall contain a Certificate of Conference indicating that the counsel involved have attempted to resolve the dispute prior to filing of the motion or response, the date of such attempt and the manner of communication of such an attempt, or any other requirement of the court.
- Document
- Opposed motion and response
Must include
- •Certificate of conference
The proposed order granting or denying such motion shall contain a provision for resetting the case for trial on a specific date and time.
The posted Standing Order in Limine applies to civil cases tried in the identified courts, and counsel must file a motion to include additional matters.
Court's wording
The Standing Order in Limine as posted on each of the Court's respective webpage shall apply to all civil cases tried in each of the District Courts and the County Court at Law of Grimes County and should counsel desire that additional matters be included a motion will be required.
Each party must prepare and present before trial or jury selection the jury-charge definitions, instructions, and questions on which it bears an affirmative burden, in written and court-specified electronic form.
Court's wording
Each party shall prepare in proper written form and present to the Court prior to trial or the jury selection all jwy charge definitions, instructions and questions which are expected to be raised by the pleadings and evidence and upon which the party has an affrmative burden. The charge shall be provided in both written form and via email, flash drive or other elecffonic form specified by the court.
When the Grand Jury begins a session, the District Clerk shall have all members present sign the Grand Jury Minute Book as proof of their presence at the session and to make a record of the fact that a quorum was present at the session.
For an indictment approved by at least nine Grand Jury members, the Secretary must enter only the session date, indicted person's name, offense, and names of the witnesses on which the indictment is founded in the Grand Jury Minute Book.
Court's wording
When a true bill of indictment is voted in the affirmative by at least nine members of the Grand Jury, the following information shall be entered by the Secretary of the Grand Jury in the Grand Jwy Minute Book, and nothing else, to wit: 1. the date ofthe session; 2. name of the person indicted; 3. offense; and 4. names of the witnesses upon which the indictment is founded.
When fewer than nine affirmative votes support a true bill, the Foreperson must sign a Certificate of No-Bill certifying that the case was presented to the Grand Jury and a no-bill was returned.
Court's wording
When a defendant is "no-billed", meaning that a case was presented to the grand jury regarding an individual and less than nine affirmative votes were given for a true bill of indictment, a Certificate of No-Bill shall be signed by the Foreperson certifoing that the case was presented to the Grand Jury and that a no-bill was returned.
Filing & Service rules
Electronic Filing Rules
All civil cases which the District Courts of Grimes County have exclusive or conclurent jurisdiction with the County Court at Law, that arise under the Texas Family Code, shall be efiled with the District Clerk's office.
All civil cases which the District Courts of Grimes County have exclusive or conclurent jurisdiction with the County Court at Law, that arise under the Texas Family Code, shall be efiled with the District Clerk's office.
Page 7 | Rule 3.1 General
Filing Timing and Cure Windows
A response must be filed before the hearing date.
Responses shall be filed before the hearing date.
Page 10 | Rule 3.7 A. Pre-Trial Motions (Non 91(a) Motions and Non Summary Judgment) — Response
A written motion to retain must be filed before the dismissal date stated in the notice or the case will be dismissed.
Unless a written motion to retain has been filed prior to the dismissal date as set forth in the notice of intention to dismiss, such case shall be dismissed.
Page 13 | D. Motion to Retain
Non-summer vacation designations must be filed with the district clerk by February 1, may not cover more than two consecutive weeks, and do not protect an attorney from a trial set by an order signed before filing.
Written designations for vacations in months other than June, July, or August must be frled with the district clerk by February l. Non-summer vacation weeks may not run consecutively for more than two weeks at a time. Non- summer vacation weeks so designated will not protect an attomey from a trial by an order signed before the date the designation is filed.
Page 19 | Rule 7 — Attorney Vacations, C. Non-Summer Vacations
Summer vacation designations must be filed with the district clerk by May 15 and protect the attorney from trials during the designated weeks, even if a trial-setting order was signed earlier.
Written designation for vacation weeks during June, July, or August must be hled with the district clerk by May 15. Summer vacations so designated will protect the attorney from trials during those summer weeks, even if an order setting the case for trial was signed before the designation was filed.
Page 19 | Rule 7 — Attorney Vacations, B. Summer Vacations
The court may consider failure to file a response as a representation of no opposition.
Failure to file a response may be considered a representation of no opposition.
Page 10 | Rule 3.7 A. Pre-Trial Motions (Non 91(a) Motions and Non Summary Judgment) — Response
A reply may be filed after the response and before the court rules.
A reply may be filed at any time after a response is filed prior to the court's ruling.
Page 10 | Rule 3.7 A. Pre-Trial Motions (Non 91(a) Motions and Non Summary Judgment) — Response
Service and Proof of Service Rules
Requesting attorneys must serve notice of a hearing or trial setting request on all counsel and appearing pro se parties.
Requests for hearings and trials in the District Courts shall be made in writing to the court in which the matter is pending, and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the setting request.
Page 9 | Rule 3.6 B. Setting Requests
If the defendant is under arrest, a copy of the Certificate of No-Bill must be delivered to the Sheriff and the defendant immediately.
A. Defendant Under Arrest: If the defendant is under arrest, a copy of the certificate shall be delivered to the Sheriff and the defendant immediately'
Page 15 | Rule 5.1(B) Grand Jury Minute Book
If the defendant is under bond, a copy of the Certificate of No-Bill must be delivered immediately to the surety and the defendant.
B. Defendant Under Bond: A copy of the certificate shall be delivered to the surety (bondsman) and the defendant immediately.
Page 16 | Rule 5.1(B) Grand Jury Minute Book
Court process may be served anywhere by the listed persons authorized by law, court order, or Supreme Court certification.
Process-including citation and other notices, writs, orders, and other papers issued by the court-may be served anywhere by (l) any sheriffor constable or other person authorized by law, (2) any person authorized by law or by written order ofthe court who is not less than eighteen years ofage, or (3) any person certified under order ofthe Supreme Court.
Page 8 | Rule 3.3 Service of Process
Sealing & Redaction Procedures
All other certificates must be held by the clerk under seal unless the district court orders their release.
C. All other certificates shall be held by the clerk under seal, unless ordered released by the district court.
Page 16 | Rule 5.1(B) Grand Jury Minute Book
Adjournment & Extension Requirements
A motion to continue a trial setting must be presented to the court pursuant to the Texas Rules of Civil Procedure.
Any motion for continuance of the trial setting shall be presented to the court pursuant to the Texas Rules of Civil Procedure.
Page 11 | RULE 3.9 CONTINUAI{CES
A defendant or counsel announcing that the case is not ready must accompany the announcement with a motion for continuance.
An announcement of "not ready" must be accompanied by a motion for continuance.
Page 17 | RULE 5.10 DOCKET CALL
Continuance motions must comply with applicable law and the scheduling order; the court will not consider one on the scheduled trial date absent good cause and compliance with the rules.
All motions for continuance, whether filed by the State or the defendant, must comply with the applicable law contained in the Code of Criminal Procedure and must be presented to and considered by the court in accordance with the scheduling order. Except for good cause shown and upon compliance with these rules, the court shall not consider any motion for continuance on the scheduled trial date.
Page 18 | RULE 5.11 MOTIONS FOR CONTINUANCE