Guadalupe County District Court, Texas Pre-Motion Conference Requirements
10 rules from official source documents
Pre-motion conference and letter requirements before filing motions, including sequential steps.
CRITICAL
Before setting a hearing, the parties must make reasonable efforts to speak about the hearing details and motion substance to narrow disputes.
Prior to setting a hearing, the parties shall make reasonable efforts to actually speak to one another regarding the date, time, and format (i.e. if remote hearing is requested it shall be by agreement of all the parties and with specific court approval) of a hearing or trial and the substance of the motion in a genuine effort to narrow their disputes before seeking court intervention .
CRITICAL
A requested remote hearing requires agreement of all parties and specific court approval.
i.e. if remote hearing is requested it shall be by agreement of all the parties and with specific court approval
CRITICAL
Before presenting a TRO affecting possession of or access to a child to the Court Administrator, the applicant or counsel must confer with represented opposing counsel.
If a TRO affects the possession of or access to a child, and the opposing party is represented by counsel, the applicant or their counsel shall confer prior to presenting the TRO to the appropriate Court Administrator.
CRITICAL
Before setting a hearing, the parties must make reasonable efforts to speak about its date, time, and format and the motion’s substance to narrow disputes; a remote hearing requires all parties’ agreement and specific court approval.
Prior to setting a hearing, the parties shall make reasonable efforts to actually speak to one another regarding the date, time, and format (i.e. if remote hearing is requested it shall be by agreement of all the parties and with specific court approval) of a hearing or trial and the substance of the motion in a genuine effort to narrow their disputes before seeking court intervention
CRITICAL
For a TRO affecting a child’s possession or access, the applicant or counsel must confer with opposing counsel before presenting it to the Court Administrator if the opposing party is represented.
If a TRO affects the possession of or access to a child, and the opposing party is represented by counsel, the applicant or their counsel shall confer prior to presenting the TRO to the appropriate Court Administrator.
CRITICAL
Before presenting a TRO affecting a child’s possession or access, the applicant or counsel must confer if the opposing party is represented.
If a TRO affects the possession of or access to a child and the opposing party is represented by counsel, the applicant or their counsel shall confer prior to presenting the TRO to the appropriate Court Administrator/ Coordinator
WARNING
In a family law case, a request for a TRO to be served with citation may be presented ex parte if supported by an affidavit and if it does not affect possession of or access to a child.
Notwithstanding Chapter 7, in a family law case, a request for a TRO to be served with citation may be presented ex parte if supported by an affidavit and if the relief would not affect the possession of or access to a child.
WARNING
The court may strike a setting if the motion or an amended motion lacks the required certificates.
The court retains discretion to strike any setting in which the motion (or an amended version of the motion) does not include such certificates.
WARNING
Parties are encouraged to confer about order wording, and the drafting party may set a motion to enter at its discretion if there is no response within seven business days; sanctions, including attorney’s fees, may be considered if the motion is required.
All parties are encouraged to confer and attempt to resolve any disputes relating to the wording of judgments and orders. Parties responsible for drafting the judgment or order should make reasonable attempts to confer on the form of the order. Should the drafting party not receive a response within seven (7) business days, the drafting party can, at their discretion, set the case for a motion to enter. Counsel is encouraged to remember that the courts can and will consider all available sanctions including attorney's fees should a motion to enter be required.
WARNING
Parties are encouraged to confer about the wording of judgments and orders; if the drafting party receives no response within seven business days, it may set a motion to enter, and sanctions including attorney’s fees may be considered if a motion is required.
All parties are encouraged to confer and attempt to resolve any disputes relating to the wording of judgments and orders. Parties responsible for drafting the judgment or order should make reasonable attempts to confer on the form of the order. Should the drafting party not receive a response within seven (7) business days, the drafting party can, at their discretion, set the case for a motion to enter. Counsel is encouraged to remember that the courts can and will consider all available sanctions including attorney's fees should a motion to enter be required.
Does Guadalupe County District Court, Texas require a pre-motion conference or letter before filing a motion?
Judge William D. Old III: Before presenting a TRO affecting a child’s possession or access, the applicant or counsel must confer if the opposing party is represented.
Judge Jessica Crawford: Before setting a hearing, the parties must make reasonable efforts to speak about its date, time, and format and the motion’s substance to narrow disputes; a remote hearing requires all parties’ agreement and specific court approval.
Judge Heather Hines: Before setting a hearing, the parties must make reasonable efforts to speak about the hearing details and motion substance to narrow disputes.
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