Harris County Courts at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements21 rules
A judgment prepared by the district clerk must use a form approved by the Judges of these Courts.
Court's wording
The district clerk of Harris County, Texas, shall prepare the judgment in the case at the time the judgment is rendered using a form approved by the Judges of these Courts, and present it without delay to the trial judge for approval and signature.
The itemized fee voucher shall be in electronic form promulgated by these courts and approved by the Harris County Auditor.
Contractor applications must be submitted in writing.
Court's wording
(c) Application. All applications must be submitted in writing and shall be maintained by the appointing authority or contracting authority in accordance with the Texas State Library and Archives Commission Retention Schedule for Local Records- Local Schedule GR.
Responses shall be in writing
Motions shall be in writing
The proposed order shall be a separate instrument, unless the entire motion, order, signature lines and certificate of service are all on one page.
Motions and applications shall be in writing on letter sized paper
- Paper size
- Letter
- Motion
- Application
Formatting
- •Must be in writing
23.1.20 Itemized Fee Voucher. The itemized fee voucher shall be in electronic form promulgated by a majority of judges and approved by the Harris County Auditor.
These matters must be raised by written pretrial motion filed with the clerk of the court not later than seven (7) days before the hearing date, unless you receive permission from the judge of the court to file them on another date.”
23.1.20 Itemized Fee Voucher. The itemized fee voucher shall be in electronic form promulgated by these courts and approved by the Harris County Auditor.
All applications must be submitted in writing
All applications must be submitted in writing
Motions shall be in writing
The proposed order shall be a separate instrument, unless the entire motion, order, signature lines, and certificate of service are all on one page.
Responses shall be in writing
The form of the appendix and transcription shall conform to any specifications of the Supreme Court and/or the Court of Criminal Appeals and comply with the Order Directing the Form of the Appellate Record and the Uniform Format Manual for Texas Reporters’ Records.
The reporter’s record must clearly identify its numbered contents as a certified accurate copy, and designated exhibits must be numerically ordered, bound together so far as practicable, and indexed with brief descriptions.
Formatting
- •Include an index briefly describing each exhibit
Court's wording
The reporter’s record on appeal from any proceeding of which an electronic recording has been made shall be labeled to reflect clearly the numbered contents certified by the court recorder to be a clear and accurate copy of the original recording of the entire proceedings. Any exhibits designated by the parties for inclusion in the reporter’s record shall be arranged in numerical order and firmly bound together so far as practicable together with an index consisting of a brief description identifying each exhibit.
Applications must be submitted in writing.
Court's wording
(c) Application. All applications must be submitted in writing and shall be maintained by the appointing authority or contracting authority in accordance with the Texas State Library and Archives Commission Retention Schedule for Local Records- Local Schedule GR.
An attorney removed from the appointment list maintained by the MAC Office may appeal the removal by appealing the MAC Office’s decision in writing, as specified in the Plan of Operation.
The attorney fee voucher must include a space for the payee’s Justice Information Management System Person Number.
Court's wording
To ensure accuracy in the tracking and reporting of fees paid to attorneys and others under this Alternative Plan, the Auditor shall amend the current attorney fee voucher to include a space for the Justice Information Management System Person Number of the individual seeking payment of county funds.
Any party’s objection to an Associate Judge hearing a trial on the merits in an eviction or eviction-related proceeding must be filed in writing in accordance with Texas Government Code § 54A.106.
Document Filing Requirements202 rules
the hearing officer shall also direct personnel from the Pretrial Services Department to provide the defendant with written notice of the date, time and place that the court will be in session.
The criminal law hearing officer ordering the defendant to be released shall, at the time the defendant signs a personal bond, order the defendant, in writing, to appear as provided above,
Further, when a bond is filed with the district clerk, the district clerk shall provide written notice of the case’s first setting date to the person filing the bond.
The setting information shall be reflected on the complaint document above the misdemeanor charge literal in a manner that will provide the setting information on all copies of the indictment, information, and complaint.
Files necessary to conduct the hearings must be present and available to the criminal law hearing officer.
Court's wording
Personnel and electronic files, along with original and hard copy files, where appropriate, from the district attorney, district clerk, and Pretrial Services Department necessary to conduct the hearings shall be present and made available to the criminal law hearing officer.
In circumstances where audio/video technology is utilized, the entire hearing must be recorded and maintained by the court for a period of one hundred twenty (120) days after the hearing. A written record of the proceedings shall be made.
if the accused affirmatively requests appointed counsel, the judicial officer shall, if assistance is requested, instruct Pretrial Services Department personnel to assist the accused in completing the form. Pretrial Services Department personnel shall assist the accused in completing the form.
immediately forward, or cause to be forwarded, a request for appointed counsel and any supporting documents to the judge of the court in which the case is pending;
record the fact that the accused does not request appointed counsel, if applicable;
Such documents shall have a setting date in the body of the document and the district clerk shall set accordingly.
A notice of setting must be in writing and filed with the district clerk, or entered on the court’s docket sheets for clerk recording.
Court's wording
Furthermore, a notice of setting will be in writing and filed with the district clerk, or provide notice by entry on the court’s docket sheets. That notice is to be used by the clerk for recording data in the automated system.
For a misdemeanor information against a corporation, process must be a summons requiring appearance at 10:00 A.M. on the first Monday after twenty days have expired from service.
Court's wording
When a misdemeanor information is filed against a corporation in, for example, a pollution case, the process issued shall be a summons rather than a capias. The summons shall require that the corporation make an appearance at 10:00 A.M. on the first Monday next following the expiration of twenty days from the date of service.
To request the addition of a case to the court’s docket, the requesting party (district attorney, defense attorney, court clerk, sheriff, et cetera), shall submit to the court coordinator the case number, defendant’s name and status (jail or bond), and the reason for the request.
The hearing notice must state the appeal’s cause number and assigned court, the appearance details, and the specified statement.
Court's wording
The notice shall contain the cause number assigned to the appeal and the court into which the case was assigned; the time, date, and location of the court in which the defendant is to appear; and shall contain the following statement: “The court has scheduled your arraignment and a pretrial hearing in this case on the above date. At this setting you will be asked to enter a plea of not guilty, nolo contendere, guilty, or make any other special plea provided by law. In addition, the Court will hear any matters you or your attorney wish to raise prior to trial at this time. These matters must be raised by written pretrial motion filed with the clerk of the court not later than seven (7) days before the hearing date, unless you receive permission from the judge of the court to file them on another date.”
Approved docket additions must be submitted to the clerk using the county criminal courts at law add-on form.
Court's wording
Those cases approved for addition to the court’s docket will be submitted via the county criminal courts at law add-on form to the clerk of the court by 3:00 p.m. of the day before the case(s) is/are to be added to the docket.
A recusing judge must sign an order referring the case to the Presiding Judge and, if no recusal or disqualification motion is pending, briefly state the reason.
Court's wording
Upon voluntarily granting a motion to recuse or disqualify, or on a judge’s decision to recuse or disqualify without a motion, the recusing judge shall sign an order referring the case to the Presiding Judge of these courts. If no motion to recuse or disqualify is pending, the recusing judge shall briefly state the reason for the recusal or disqualification.
The County must notify each arrestee that financial information will be collected by affidavit, explain its nature and significance, and use the required interview language.
Court's wording
In every case, notice must be provided to the arrestee that financial information will be collected through an affidavit, and the County must explain to the arrestee the nature and significance of the financial information to be collected. The language required is as follows: I am [First Name] from Harris County Pretrial Services. I am here to interview you and report your answers to the Court. What you tell me may be used to make decisions about your release from jail and whether a lawyer will be appointed in your defense. Also, you will need to state the amount of money that you can afford to pay at the time of the hearing that will be held after we talk. This is the amount of money you could pay without suffering any hardship in your ability to meet your basic needs, like food, clothing, shelter, phone, medical care, and transportation for you and any dependents. If you cannot afford to pay any money without hardship, please let me know. I will then also ask you to sign a paper with the financial information that you provided. Your answers must be truthful under penalty of law. False answers may be used against you. The information will be shared with the Court, the District Attorney and possibly other agencies. You may refuse to complete the interview, or you may refuse to provide me with the financial information. You will be allowed to talk to an attorney before your bail hearing. You may speak to the attorney before you decide whether to participate in this interview. Do you agree to go forward with the interview and to provide financial information?
The judicial officer must give each arrestee adequate notice of the rights, protections, and findings relevant to pretrial release or detention, including the hearing’s stated purpose; the notice may be given orally to a group.
Court's wording
The judicial officer must provide adequate notice to every arrestee appearing for a hearing concerning pretrial release and detention of the rights at stake in the hearing and the procedural protections and substantive findings required when determining conditions of pretrial release or detention. The judicial officer may satisfy this requirement by providing a general oral notice to a group of arrested individuals. The judicial officer must provide notice that includes the following in all material respects: - The purpose of this hearing is to determine the least-restrictive pretrial conditions necessary to serve the government’s interest in reasonably assuring public safety and reasonably protecting against flight from prosecution.
A money-bail order must include reviewable on-record findings supported by clear and convincing evidence, and those findings and procedures are also required for an order of pretrial detention.
Court's wording
9.12.6 If the judicial officer requires money bail as a condition of release, the money bail order must be accompanied by substantive findings on the record that are reviewable by a higher court. The findings must be that, by clear and convincing evidence: (1) the arrestee has the ability at the time of the hearing to pay the amount required, or (2) that the arrestee does not have the ability to pay the amount required, but alternative conditions of release were considered, no less-restrictive condition or combination of conditions could reasonably assure the safety of the community or reasonably protect against flight from prosecution, and imposition of unaffordable money bail is necessary to reasonably assure the safety of the community or to reasonably protect against flight from prosecution. These findings and procedures must be provided if the court imposes an order of pretrial detention, either through an unattainable financial condition or directly through an order of pretrial detention.
The district clerk prepares judgments, except that the prosecuting attorney prepares judgments in multi-count cases; each must be presented to the trial judge without delay.
Court's wording
The district clerk of Harris County, Texas, shall prepare the judgment in the case at the time the judgment is rendered using a form approved by the Judges of these Courts, and present it without delay to the trial judge for approval and signature. Judgments in a multi-count indictment or information shall be prepared by the prosecuting attorney at the time the judgment is rendered and the prosecuting attorney shall present it without delay to the trial judge for approval and signature.
A person may apply for an occupational license by filing a verified petition with the District Clerk of Harris County, Texas if the person’s license:
Attorney-represented pleadings, briefs, and motions must include an attorney’s manuscript signature and specified identifying information, plus a certification of service.
Court's wording
Every pleading, brief, or motion of a party represented by an attorney, shall bear the manuscript signature of at least one of the attorneys of record, in his individual name, along with his state bar card number, address, and telephone number. The pleading, brief, or motion shall further contain a certification that a copy of the document was mailed or hand-delivered to opposing counsel.
The written notice of appearance of counsel on appeal will be filed with the clerk for the case file and will become a part of the clerk’s transcript on appeal.
On the first appearance retained counsel shall complete the Attorney of Record form provided by the court and file it with the clerk of the court.
When the original attorney of record does not continue to represent the defendant on appeal, then the original attorney of record shall file a motion to withdraw as attorney of record in the county criminal court in which the case is pending.
A written motion and order of the court will be required for withdrawal as attorney of record.
When notice of appeal is filed and an attorney other than the attorney of record is retained to prosecute the appeal, then appellate counsel shall file a motion to substitute counsel in the county criminal court at law in which judgment was entered.
It shall include at a minimum all the information necessary for the county auditor or other designated official to complete the expenditure report required to be submitted to the Office of Court Administration by Section 71.0351 (e), Government Code.
Unless arrested pursuant to an arrest warrant, bench warrant, capias, or other order of a magistrate or judge, necessary forms establishing probable cause shall be completed and filed contemporaneous with the arrestee being booked into the Harris County Jail for any misdemeanor punishable by incarceration.
When an arrested person is taken before a judicial officer, an electronic recording, written form, or other documentation must memorialize the specified counsel-related information and events.
Court's wording
In each case in which a person arrested is taken before a judicial officer, any combination of an electronic recording, written form, or other documentation memorializing: 23.2.4.1 the judicial officer informing the defendant of the defendant’s right to request appointment of counsel; 23.2.4.2 the judicial officer asking the person whether the person wants to request the appointment of counsel; 23.2.4.3 instruction on how to request the appointment of counsel and 23.2.4.4 whether the person requested the appointment of counsel.
Clearly note on the magistrate’s admonishment form, or Probable Cause for Further Detention form, the defendant’s choice viz: to request the appointment of counsel or not to request the appointment of counsel.
The magistrate must record the defendant’s arrest and appearance dates and times, whether the defendant was informed about requesting counsel, and whether counsel was requested.
Court's wording
23.2.12 THE MAGISTRATE SHALL RECORD THE FOLLOWING: 23.2.12.1 The date and time the defendant was arrested and the date and time when the defendant was brought before the magistrate; 23.2.12.2 Whether the judicial officer informed the defendant of the right to request appointment of counsel, and the procedure for requesting counsel in the trial court; and 23.2.12.3 Whether the defendant requested appointment of counsel.
23.2.11.1 If the arrestee requests the appointment of counsel, the judicial officer shall ask the arrestee to complete an affidavit of indigence and financial statement, and shall ensure the arrestee has assistance in completing the forms.
The completed forms shall be filed with the deputy district clerk in the court where the case is pending.
All motions filed in the case shall be filed in the name of first-chair counsel.
Second-chair counsel shall complete and file an attorney of record form with the district clerk. The form shall state on its face that the attorney is second-chair counsel.
23.14.3 ORIGINAL INVOICE OR RECEIPT. Counsel shall submit the original invoice or receipt along with any request for reimbursement.
A court referring a matter to an Associate Judge must enter an Order of Referral.
Court's wording
Each County Criminal Courts at Law Trying Criminal Cases in Harris County referring a matter to an Associate Judge shall enter an Order of Referral pursuant to Texas Government Code 54A.007 and the procedural rules of docketing and transferring cases established by the Rules of Court of the Harris County Criminal Courts at Law (Local Rules).
If a party views it as necessary, a request for oral argument must accompany the motion or response.
In the discretion of the court, motions shall state a date of submission which shall be at least 10 days from filing, except on leave of court.
A request for an oral argument is not a response under Rule 3.3.3.
Motions shall be in writing and shall be accompanied by a proposed order granting the relief sought.
- Document
- Motion
Must include
- •Proposed order
Transfers. All case transfers between probate courts in Harris County shall be done on the written order of the transferring and receiving courts.
Each motion or application must include a separate proposed order granting the requested relief, which may be attached to the filing.
- Document
- Motion or application
Must include
- •Proposed order
Court's wording
Motions and applications shall be in writing on letter sized paper and shall be accompanied by a proposed order granting the relief sought. The proposed order shall be a separate instrument but may be attached to the back of the motion or application.
All responses shall be in writing and shall be accompanied by a proposed written order. The proposed order shall be a separate instrument but may be attached to the back of the motion or application.
- Document
- Response
Must include
- •Proposed order
All certificates required by the Texas Rules of Civil Procedure are required in all contested matters before the probate courts.
All counsel, parties, and witnesses must appear in person for all contested hearings, pretrial settings, and all bench trials and jury trials, subject to timely filed objections stating good cause to appear remotely [see TRCP 21d(d)]. Objections must be filed and set for an oral hearing or on submission in advance of the presumptive in-person matter.
Notice of all court proceedings must contain all information needed to participate in the proceeding pursuant to TRCP 21(b), including the location of the proceeding or instructions for joining the proceeding electronically, the court's designated contact information, and instructions for submitting evidence.
Every appointment for which a fee may be paid requires a separate order before the court signs a judgment, dismissal, or nonsuit.
Court's wording
Each person appointed by a judge of a probate court to a position for which any type of fee may be paid shall be paid pursuant to a separate order before any judgment, dismissal or nonsuit is signed by the court. This order is required for every appointment.
Filing & Service rules
Filing Timing and Cure Windows
Approved docket additions must be submitted to the clerk on the prescribed add-on form by 3:00 p.m. the preceding day, though jail cases may be exempt.
Those cases approved for addition to the court’s docket will be submitted via the county criminal courts at law add-on form to the clerk of the court by 3:00 p.m. of the day before the case(s) is/are to be added to the docket. Jail cases may be exempt from this time requirement.
Page 15 | 5.3
Written pretrial motions raising matters for the hearing must be filed with the clerk at least seven days beforehand unless the judge permits another filing date.
These matters must be raised by written pretrial motion filed with the clerk of the court not later than seven (7) days before the hearing date, unless you receive permission from the judge of the court to file them on another date.
Page 16 | 7.1.3.1
The district clerk must set the petition on the docket seven days after filing unless the judge sets another date by order.
The district clerk shall set the petition on the court’s docket seven days from the date it is filed, or on a date set by order of the Judge of the court with jurisdiction.
Page 26 | RULE 15. PETITION FOR OCCUPATIONAL DRIVER’S LICENSE
The court coordinator must set the motion to substitute counsel on the docket within seven calendar days of presentment.
The appellate counsel shall also request a hearing date from the court coordinator who shall set the motion to substitute counsel on the court’s docket within seven (7) calendar days of presentment.
Page 26 | RULE 16. ATTORNEY OF RECORD
The motion to substitute counsel is due when the notice of appeal is filed or no later than five calendar days after counsel is retained or appointed.
The motion shall be filed at the time notice of appeal is filed, or not later than five (5) calendar days after the date counsel is retained or appointed.
Page 26 | RULE 16. ATTORNEY OF RECORD
The court coordinator must set the withdrawal motion on the docket within seven calendar days of presentment.
At the time the motion to withdraw is filed, the original attorney of record shall also request a hearing date from the court coordinator who shall set the motion on the court’s docket within seven (7) calendar days of presentment.
Page 26 | RULE 16. ATTORNEY OF RECORD
Unless arrested pursuant to an arrest warrant, bench warrant, capias, or other order of a magistrate or judge, necessary forms establishing probable cause shall be completed and filed contemporaneous with the arrestee being booked into the Harris County Jail for any misdemeanor punishable by incarceration.
Unless arrested pursuant to an arrest warrant, bench warrant, capias, or other order of a magistrate or judge, necessary forms establishing probable cause shall be completed and filed contemporaneous with the arrestee being booked into the Harris County Jail for any misdemeanor punishable by incarceration.
Page 33 | 23.2.1.1
The district clerk must immediately transmit the magistrate’s form or Probable Cause for Further Detention form to the judge for use the following business day in conducting a requested indigence hearing.
23.2.13 TIMELY TRANSMISSION OF FORMS TO THE TRIAL COURT. The District Clerk of Harris County, Texas, through a deputy district clerk, shall immediately transmit or cause to be transmitted the magistrate’s form or Probable Cause for Further Detention form to the judge of the court in which the case is pending for use the following business day to timely conduct an indigence hearing as requested by the defendant.
Page 35 | 23.2.13 TIMELY TRANSMISSION OF FORMS TO THE TRIAL COURT
The district clerk must transmit the form to the county that issued the warrant within 24 hours after the request.
23.2.11.2 The district clerk shall transmit the form to the county issuing the warrant within 24 hours of the request being made.
Page 35 | 23.2.11 ARREST ON OUT-OF-COUNTY WARRANT
Responses must be filed at least three working days before the submission date, unless the court grants leave.
Responses shall be in writing, and shall be filed at least three (3) working days before the date of submission, except on leave of court.
Civil cases
Page 2 | 3.3.3 Response
If the court requires a submission date, it must be at least 10 days after filing absent leave, and the motion is submitted to the court on that date or later.
In the discretion of the court, motions shall state a date of submission which shall be at least 10 days from filing, except on leave of court. The motion will be submitted to the court for filing on that date or later.
Civil cases
Page 2 | 3.3.2 Submission
Motions and applications set for submission must be filed with notice to other parties at least 10 days before the submission date, unless another governing rule specifies otherwise.
Motions and applications set on submission shall be filed with notice to other parties at least 10 days before the submission date, unless otherwise specified by a rule governing such motion or application.
Civil cases
Page 5 | RULE 10: MOTIONS AND HEARINGS
In contested matters, the pretrial conference and trial setting must be no earlier than nine months after the order assigning them.
In contested matters, the court shall assign by order a date and time for a pretrial conference and trial upon identifying an applicable responsive or triggering pleading. Such setting shall not be earlier than nine (9) months from the date of the order.
Civil cases
Page 6 | RULE 11: TRIALS
Responses must be filed at least 3 days before the submission date unless the court grants leave.
Responses shall be filed at least 3 days prior to the submission date, except on leave of court.
Civil cases
Page 6 | RULE 10: MOTIONS AND HEARINGS
An objection to a presumptive in-person appearance must be filed and set for oral hearing or submission in advance of the matter.
Objections must be filed and set for an oral hearing or on submission in advance of the presumptive in-person matter.
Civil cases
Page 6 | RULE 10: MOTIONS AND HEARINGS
After collecting the filing fee, the district clerk must set the petition for fourteen days from filing unless the court orders otherwise.
Petitions filed under this section will be set by the district clerk, upon collection of the filing fee for fourteen days from the date the petition is filed, or as ordered by the court.
Page 15 | 4.4.10. Petitions for Non-disclosure
Approved docket additions are due to the clerk by 3:00 p.m. the day before they are added, although jail cases may be exempt.
Those cases approved for addition to the court’s docket will be submitted via the county criminal courts at law add-on form to the clerk of the court by 3:00 p.m. of the day before the case(s) is/are to be added to the docket. Jail cases may be exempt from this time requirement.
Page 16 | RULE 5. ADDING CASES TO THE DAILY DOCKET
The written pretrial motion must be filed with the clerk at least seven days before the hearing, unless the judge permits another filing date.
These matters must be raised by written pretrial motion filed with the clerk of the court not later than seven (7) days before the hearing date, unless you receive permission from the judge of the court to file them on another date.
Page 17 | RULE 7
The motion to substitute counsel must be filed with the notice of appeal or no later than five calendar days after counsel is retained or appointed.
The motion shall be filed at the time notice of appeal is filed, or not later than five (5) calendar days after the date counsel is retained or appointed.
Page 27 | RULE 16. ATTORNEY OF RECORD
For an arrest for an incarcerable misdemeanor not made under a warrant or other judicial order, probable-cause forms must be filed contemporaneously with booking.
23.2.1.1 Unless arrested pursuant to an arrest warrant, bench warrant, capias, or other order of a magistrate or judge, necessary forms establishing probable cause shall be completed and filed contemporaneous with the arrestee being booked into the Harris County Jail for any misdemeanor punishable by incarceration.
Page 34 | 23.2.1.1
The district clerk must transmit the form to the issuing county within 24 hours after the request is made.
23.2.11.2 The district clerk shall transmit the form to the county issuing the warrant within 24 hours of the request being made.
Page 36 | Rule 23.2
The district clerk must immediately transmit the magistrate’s form or Probable Cause for Further Detention form to the judge handling the case for use the following business day at the requested indigence hearing.
23.2.13 TIMELY TRANSMISSION OF FORMS TO THE TRIAL COURT. The District Clerk of Harris County, Texas, through a deputy district clerk, shall immediately transmit or cause to be transmitted the magistrate’s form or Probable Cause for Further Detention form to the judge of the court in which the case is pending for use the following business day to timely conduct an indigence hearing as requested by the defendant.
Page 36 | Rule 23.2
Approved docket additions are due by 3:00 p.m. the day before the case is added, though jail cases may be exempt.
5.3. Those cases approved for addition to the court’s docket will be submitted via the county criminal courts at law add-on form to the clerk of the court by 3:00 p.m. of the day before the case(s) is/are to be added to the docket. Jail cases may be exempt from this time requirement.
Page 16 | RULE 5. ADDING CASES TO THE DAILY DOCKET
The written pretrial motion must be filed with the clerk at least seven days before the hearing, unless the judge permits filing on another date.
These matters must be raised by written pretrial motion filed with the clerk of the court not later than seven (7) days before the hearing date, unless you receive permission from the judge of the court to file them on another date.”
Page 17 | RULE 7
The court coordinator must set a motion to withdraw on the docket within seven calendar days of presentment.
At the time the motion to withdraw is filed, the original attorney of record shall also request a hearing date from the court coordinator who shall set the motion on the court’s docket within seven (7) calendar days of presentment.
Page 27 | RULE 16. ATTORNEY OF RECORD
The court coordinator must set a motion to substitute counsel on the docket within seven calendar days of presentment.
The appellate counsel shall also request a hearing date from the court coordinator who shall set the motion to substitute counsel on the court’s docket within seven (7) calendar days of presentment.
Page 27 | RULE 16. ATTORNEY OF RECORD
The motion to substitute counsel must be filed with the notice of appeal or no later than five calendar days after counsel is retained or appointed.
The motion shall be filed at the time notice of appeal is filed, or not later than five (5) calendar days after the date counsel is retained or appointed.
Page 27 | RULE 16. ATTORNEY OF RECORD
The district clerk must docket the petition seven days after filing unless the judge sets another date by order.
The district clerk shall set the petition on the court’s docket seven days from the date it is filed, or on a date set by order of the Judge of the court with jurisdiction.
Page 27 | 15.4. Setting
Evidence affecting a defendant’s release must be presented to the court on the next court workday.
The evidence affecting the defendant’s release shall be presented to the court on the next court workday so that a judicial determination may be made and, if the court finds that the defendant is a juvenile, a transfer to the juvenile court will be immediately processed.
Page 28 | RULE 17. JUVENILE DEFENDANTS
For covered misdemeanors, probable-cause forms must be filed contemporaneously with booking, subject to the stated arrest-order exception.
23.2.1.1Unless arrested pursuant to an arrest warrant, bench warrant, capias, or other order of a magistrate or judge, necessary forms establishing probable cause shall be completed and filed contemporaneous with the arrestee being booked into the Harris County Jail for any misdemeanor punishable by incarceration.
Page 34 | 23.2.1.1
The district clerk must immediately transmit the magistrate’s form or Probable Cause for Further Detention form to the judge handling the case for use the following business day in conducting a requested indigence hearing.
23.2.13 TIMELY TRANSMISSION OF FORMS TO THE TRIAL COURT. The District Clerk of Harris County, Texas, through a deputy district clerk, shall immediately transmit or cause to be transmitted the magistrate’s form or Probable Cause for Further Detention form to the judge of the court in which the case is pending for use the following business day to timely conduct an indigence hearing as requested by the defendant.
Page 36 | 23.2.13
The district clerk must transmit the form to the warrant-issuing county within 24 hours after the request is made.
23.2.11.2 The district clerk shall transmit the form to the county issuing the warrant within 24 hours of the request being made.
Page 36 | 23.2.11.2
An appeal bond must be filed within forty-eight hours after notice of appeal or a report that it has not been filed must be sent to the court.
When a defendant has given notice of appeal and an appeal bond has not been filed in the papers of the cause within forty-eight hours, a report shall be sent to the court apprising the court that an appeal bond has not been filed.
Page 15 | 4.4.6.1
Approved docket additions must be submitted by 3:00 p.m. the day before the case is added; jail cases may be exempt from the deadline.
Those cases approved for addition to the court’s docket will be submitted via the county criminal courts at law add-on form to the clerk of the court by 3:00 p.m. of the day before the case(s) is/are to be added to the docket. Jail cases may be exempt from this time requirement.
Page 16 | RULE 5. ADDING CASES TO THE DAILY DOCKET
Written pretrial motions raising these matters must be filed with the clerk at least seven days before the hearing, unless the judge permits another filing date.
These matters must be raised by written pretrial motion filed with the clerk of the court not later than seven (7) days before the hearing date, unless you receive permission from the judge of the court to file them on another date.
Page 17
The motion to substitute counsel must be filed with the notice of appeal or within five calendar days after counsel is retained or appointed.
The motion shall be filed at the time notice of appeal is filed, or not later than five (5) calendar days after the date counsel is retained or appointed.
Page 27 | 16.3
The district clerk must set the petition on the docket within seven days of filing unless the judge sets another date by order.
15.4.1. The district clerk shall set the petition on the court’s docket seven days from the date it is filed, or on a date set by order of the Judge of the court with jurisdiction.
Page 27 | 15.4 Setting
Original counsel must request a hearing date when filing the withdrawal motion, and the coordinator must set it on the docket within seven calendar days of presentment.
At the time the motion to withdraw is filed, the original attorney of record shall also request a hearing date from the court coordinator who shall set the motion on the court’s docket within seven (7) calendar days of presentment.
Page 27 | 16.2
Appellate counsel must request a hearing date, and the coordinator must set the motion to substitute counsel on the docket within seven calendar days of presentment.
The appellate counsel shall also request a hearing date from the court coordinator who shall set the motion to substitute counsel on the court’s docket within seven (7) calendar days of presentment.
Page 27 | 16.3
Evidence affecting a defendant’s release must be presented to the court on the next court workday for a judicial determination.
The evidence affecting the defendant’s release shall be presented to the court on the next court workday so that a judicial determination may be made and, if the court finds that the defendant is a juvenile, a transfer to the juvenile court will be immediately processed.
Page 28 | 17.5
For qualifying misdemeanor arrests not made under a warrant or court order, forms establishing probable cause must be filed contemporaneously with booking into the Harris County Jail.
23.2.1.1 Unless arrested pursuant to an arrest warrant, bench warrant, capias, or other order of a magistrate or judge, necessary forms establishing probable cause shall be completed and filed contemporaneous with the arrestee being booked into the Harris County Jail for any misdemeanor punishable by incarceration.
Page 34 | 23.2 PROMPT AND ACCURATE MAGISTRATION PROCEEDINGS
The district clerk must immediately transmit the specified form to the judge handling the case for use the following business day in conducting a requested indigence hearing.
23.2.13 TIMELY TRANSMISSION OF FORMS TO THE TRIAL COURT. The District Clerk of Harris County, Texas, through a deputy district clerk, shall immediately transmit or cause to be transmitted the magistrate’s form or Probable Cause for Further Detention form to the judge of the court in which the case is pending for use the following business day to timely conduct an indigence hearing as requested by the defendant.
Page 36 | 23.2.13 TIMELY TRANSMISSION OF FORMS TO THE TRIAL COURT
The district clerk must transmit the form to the warrant-issuing county within 24 hours after the request.
23.2.11.2 The district clerk shall transmit the form to the county issuing the warrant within 24 hours of the request being made.
Page 36 | 23.2.11. ARREST ON OUT-OF-COUNTY WARRANT
A motion to withdraw must be filed at least 15 days before the trial setting.
If, prior to the disposition of a case, an appointed or retained attorney wishes to withdraw as attorney of record, the attorney must file a written motion to withdraw at least 15 days prior to a trial setting.
Criminal cases
Page 5 | (d) Withdrawal or Substitution of Counsel
The original log and exhibits must be filed with the clerk after the proceeding ends.
Filing with the clerk the original log and exhibits after a proceeding ends,
Criminal cases
Page 9
The court recorder must deliver an appropriately labeled certified copy of the recording to the court within ten days for storage there.
within ten days, delivering to the court a certified copy of the recording of the proceeding that is appropriately labeled as required herein, to be stored at the court;
Criminal cases
Page 9
The court recorder must file the reporter’s record with the court of appeal within fifteen days after perfection of the appeal; other Texas Rules of Appellate Procedure filing deadlines remain unchanged.
The court recorder shall file the reporter’s record with the court of appeal within fifteen days after the perfection of an appeal. No other filing deadlines as set in the Texas Rules of Appellate Procedure are changed.
Criminal cases
Page 10
The court coordinator must set the motion to substitute counsel on the docket within seven calendar days of presentment.
The appellate counsel shall also request a hearing date from the court coordinator who shall set the motion to substitute counsel on the court’s docket within seven (7) calendar days of presentment.
Page 27 | RULE 16. ATTORNEY OF RECORD
The court coordinator must set the withdrawal motion on the docket within seven calendar days of presentment.
At the time the motion to withdraw is filed, the original attorney of record shall also request a hearing date from the court coordinator who shall set the motion on the court’s docket within seven (7) calendar days of presentment.
Page 27 | RULE 16. ATTORNEY OF RECORD
The petition must be set on the court’s docket within seven days after filing unless the judge orders another date.
15.4.1. The district clerk shall set the petition on the court’s docket seven days from the date it is filed, or on a date set by order of the Judge of the court with jurisdiction.
Page 27 | RULE 15. PETITION FOR OCCUPATIONAL DRIVER’S LICENSE
A retained trial attorney remains attorney of record on appeal unless the attorney files a written motion to withdraw when notice of appeal is given.
A retained attorney of record at the time of trial will be considered the attorney of record in the event of an appeal unless the attorney files a written motion to withdraw when notice of appeal is given.
Criminal cases
Page 5 | (d) Withdrawal or Substitution of Counsel
Service and Proof of Service Rules
The court coordinator must notify the defendant and the defendant’s attorney of record of the setting after an appeal notice is filed.
The court coordinator shall notify the defendant and the defendant’s attorney-of-record of the setting.
Page 13 | 4.4.5. Notice of Appeal
Upon receiving the report that no appeal bond was filed, the court must notify the appellant’s or defendant’s attorney.
Upon receiving such a report, the court shall notify the appellant/defendant’s attorney.
Page 14 | 4.4.6. Notice to Court When Appeal Bond Not Filed
The coordinator must notify the surety, principal, and attorney of record by certified mail.
The coordinator shall notify the surety, the principal, and the attorney-of-record by certified mail.
Page 14 | 4.4.7. Mandate of Abatement
The court coordinator must also attempt to notify the listed parties by telephone.
The court coordinator shall also attempt to notify the above parties by telephone.
Page 14 | 4.4.8. Mandates of Affirmance and Reversal and Remand
Immediately after receiving information from the clerk, the court coordinator must notify the attorney of record on appeal, any surety, and the appellant by regular mail.
Immediately upon receipt of the information from the clerk, the court coordinator shall notify the attorney-of-record on appeal, the surety on the appeal bond, if one exists, and the appellant by regular mail.
Page 14 | 4.4.8. Mandates of Affirmance and Reversal and Remand
The clerk sends hearing notice by regular mail, using the bond address or the stated alternative address, and the arraignment and pretrial hearing are set 30 days after the notice is sent.
The de novo appeal shall be set for arraignment and pretrial hearing (as provided by TEX. CODE CRIM. P. ANN. art. 28.01) thirty (30) days from the date that notice of the hearing is sent via regular mail by the district clerk to the defendant at the address shown on his bond. If the bond shows no such address, the notice may be addressed to one of the sureties on the bond. If there are no sureties on the bond, notice shall be sent to the defendant at the address shown on the complaint, or ticket made the basis of the prosecution.
Page 15 | 7.1.2.1
A pleading, brief, or motion must certify that a copy was mailed or hand-delivered to opposing counsel.
The pleading, brief, or motion shall further contain a certification that a copy of the document was mailed or hand-delivered to opposing counsel.
Page 25 | RULE 13. SIGNING OF PLEADINGS
The date and time of a hearing must be served on all persons entitled to notice under the Texas Estates Code and Texas Rules of Civil Procedure.
All uncontested and contested matters (with the exception of trials) may be set by the filing party, lead counsel, or the court, by requesting a hearing from the proper personnel of the court in which the matter is pending and serving notice of the date and time of such hearing upon all persons entitled to such notice pursuant to the Texas Estates Code and the Texas Rules of Civil Procedure.
Civil cases
Page 6 | RULE 10: MOTIONS AND HEARINGS
Notice of the scheduling-conference date and time must be served on all opposing parties or their lead counsel.
All trials may be set by any party, lead counsel, or the court, by requesting a docket setting or scheduling conference from the proper personnel of the court in which the matter is pending and serving notice of the date and time of such scheduling conference upon all opposing parties or their lead counsel.
Civil cases
Page 6 | RULE 11: TRIALS
In the specified contested matters, the date and time of a requested trial-setting or scheduling conference must be served on all parties or their lead counsel.
In those instances where a matter is contested, but the court has not identified an applicable responsive or triggering pleading, parties may request a trial setting or scheduling conference from the proper personnel of the court in which the matter is pending and serving notice of the date and time of such trial setting or scheduling conference upon all parties or their lead counsel.
Civil cases
Page 7
Upon receiving the clerk’s information, the coordinator must notify the specified parties by regular mail.
Immediately upon receipt of the information from the clerk, the court coordinator shall notify the attorney-of-record on appeal, the surety on the appeal bond, if one exists, and the appellant by regular mail.
Page 15 | 4.4.8. Mandates of Affirmance and Reversal and Remand
The coordinator must notify the surety, principal, and attorney of record by certified mail.
The coordinator shall notify the surety, the principal, and the attorney-of-record by certified mail.
Page 15 | 4.4.7. Mandate of Abatement
The de novo appeal shall be set for arraignment and pretrial hearing (as provided by TEX. CODE CRIM. P. ANN. art. 28.01) thirty (30) days from the date that notice of the hearing is sent via regular mail by the district clerk to the defendant at the address shown on his bond. If the bond shows no such address, the notice may be addressed to one of the sureties on the bond. If there are no sureties on the bond, notice shall be sent to the defendant at the address shown on the complaint, or ticket made the basis of the prosecution.
The de novo appeal shall be set for arraignment and pretrial hearing (as provided by TEX. CODE CRIM. P. ANN. art. 28.01) thirty (30) days from the date that notice of the hearing is sent via regular mail by the district clerk to the defendant at the address shown on his bond. If the bond shows no such address, the notice may be addressed to one of the sureties on the bond. If there are no sureties on the bond, notice shall be sent to the defendant at the address shown on the complaint, or ticket made the basis of the prosecution.
Page 16 | 7.1.2. Notice To Appellant
A pleading, brief, or motion must certify that a copy was mailed or hand-delivered to opposing counsel.
The pleading, brief, or motion shall further contain a certification that a copy of the document was mailed or hand-delivered to opposing counsel.
Page 26 | RULE 13. SIGNING OF PLEADINGS
Duplicate copies of the transfer order shall also be provided to the clerk of the receiving court for delivery to the assistant district attorney assigned to that court and to the defense attorney of record.
Duplicate copies of the transfer order shall also be provided to the clerk of the receiving court for delivery to the assistant district attorney assigned to that court and to the defense attorney of record.
Page 9 | 3.6. Entry of Transfer Order
The coordinator must notify the surety, principal, and attorney of record by certified mail after an abatement mandate or order is received.
4.4.7.1. The district clerk and court coordinator shall notify the staff attorney for the county criminal courts at law upon receipt of a mandate or order of abatement. The court coordinator shall set a date from fourteen (14) to twenty one (21) days from the date of receipt of order or mandate. The coordinator shall notify the surety, the principal, and the attorney-of-record by certified mail.
Page 15 | 4.4.7 Mandate of Abatement
The coordinator must notify the specified parties by regular mail and also attempt to notify them by telephone after receiving the clerk's information.
4.4.8.1. The district clerk, upon receipt of an order or mandate, shall determine whether the defendant is in the Harris County jail. If the defendant is in jail, the case shall be set the next day court is convened. If the defendant is on bond, the district clerk shall immediately issue a capias for the defendant, provide a seven-day setting, and forward the information to the court coordinator. Immediately upon receipt of the information from the clerk, the court coordinator shall notify the attorney-of-record on appeal, the surety on the appeal bond, if one exists, and the appellant by regular mail. The court coordinator shall also attempt to notify the above parties by telephone.
Page 15 | 4.4.8 Mandates of Affirmance and Reversal and Remand
The district clerk must send hearing notice by regular mail to the specified defendant address, with alternate recipients or addresses as stated when the bond lacks an address or sureties.
7.1.2.1. The de novo appeal shall be set for arraignment and pretrial hearing (as provided by TEX. CODE CRIM. P. ANN. art. 28.01) thirty (30) days from the date that notice of the hearing is sent via regular mail by the district clerk to the defendant at the address shown on his bond. If the bond shows no such address, the notice may be addressed to one of the sureties on the bond. If there are no sureties on the bond, notice shall be sent to the defendant at the address shown on the complaint, or ticket made the basis of the prosecution. The provisions of TEX. CODE CRIM. P. ANN. art. 28.01 shall control the filing and hearing of all matters and the conduct of the proceedings.
Page 16 | 7.1.2 Notice To Appellant
A copy of an attorney-represented party’s pleading, brief, or motion must be mailed or hand-delivered to opposing counsel, and the document must certify that service.
Every pleading, brief, or motion of a party represented by an attorney, shall bear the manuscript signature of at least one of the attorneys of record, in his individual name, along with his state bar card number, address, and telephone number. The pleading, brief, or motion shall further contain a certification that a copy of the document was mailed or hand-delivered to opposing counsel.
Page 26 | RULE 13. SIGNING OF PLEADINGS
Duplicate copies of the transfer order must be provided to the receiving-court clerk for delivery to the assigned assistant district attorney and defense attorney of record.
Duplicate copies of the transfer order shall also be provided to the clerk of the receiving court for delivery to the assistant district attorney assigned to that court and to the defense attorney of record.
Page 9 | 3.6. Entry of Transfer Order
The court coordinator must notify the surety, principal, and attorney of record by certified mail.
The court coordinator shall set a date from fourteen (14) to twenty one (21) days from the date of receipt of order or mandate. The coordinator shall notify the surety, the principal, and the attorney-of-record by certified mail.
Page 15 | 4.4.7 Mandate of Abatement
The court coordinator must notify the attorney of record on appeal, any surety, and the appellant by regular mail and attempt to notify them by telephone.
Immediately upon receipt of the information from the clerk, the court coordinator shall notify the attorney-of-record on appeal, the surety on the appeal bond, if one exists, and the appellant by regular mail. The court coordinator shall also attempt to notify the above parties by telephone.
Page 15 | 4.4.8 Mandates of Affirmance and Reversal and Remand
The district clerk must send the hearing notice by regular mail to the address on the defendant’s bond, or to a surety or the address on the complaint or ticket if needed.
The de novo appeal shall be set for arraignment and pretrial hearing (as provided by TEX. CODE CRIM. P. ANN. art. 28.01) thirty (30) days from the date that notice of the hearing is sent via regular mail by the district clerk to the defendant at the address shown on his bond. If the bond shows no such address, the notice may be addressed to one of the sureties on the bond. If there are no sureties on the bond, notice shall be sent to the defendant at the address shown on the complaint, or ticket made the basis of the prosecution.
Page 16 | 7.1.2 Notice To Appellant
A copy of each pleading, brief, or motion must be mailed or hand-delivered to opposing counsel, with the service certified in the document.
The pleading, brief, or motion shall further contain a certification that a copy of the document was mailed or hand-delivered to opposing counsel.
Page 26 | RULE 13. SIGNING OF PLEADINGS
The coordinator must also attempt to notify the listed parties by telephone.
The court coordinator shall also attempt to notify the above parties by telephone.
Page 15 | 4.4.8. Mandates of Affirmance and Reversal and Remand
Filing Fees and Waivers
A petition for non-disclosure must be filed with the district clerk and a fee paid.
In accordance with TEX. GOV’T CODE § 411.081(d) petitions for non-disclosure are filed with the district clerk, a fee is paid, and the case is set.
Page 14 | 4.4.10. Petitions for Non-disclosure
An arrestee meeting any listed eligibility condition may not be charged fees associated with personal or unsecured bonds or the costs of nonfinancial release conditions.
9.12.7 An arrestee who meets any of the following, may not be assessed any fee associated with a personal bond or an unsecured bond, or the cost of a non- financial condition of release, including but not limited to, a supervision fee, a fee for electronic monitoring, or the cost of an interlock device: a. Is eligible for appointment of counsel; b. Has been homeless in the past six months; c. Has income at or below 200% of the federal poverty guidelines; Is a full-time student; d. Is, or within the past six months has been, homeless; e. Is incarcerated, or residing in a mental health or other treatment program; or
Page 22 | 9.12.7
Applicants filing heirship or guardian appointment applications beginning October 1, 2024, must pay $700 within one week after filing, and the Clerk must hold the funds in the Court Appointed Attorney fund as directed.
IT IS THEREFORE ORDERED pursuant to Texas Estates Code §§53.052 & 1053.052 that Applicants, beginning on October 1, 2024, filing Applications ("Applications") for the Determination of Heirship and Applications for the Appointment of a Guardian shall pay a one- time amount of $700.00, no later than one week after filing their initial Applications, as security for the costs for the Attorney Ad Litem appointed in their case. IT IS FURTHER ORDERED that the Harris County Clerk shall collect and place the funds into a Court Appointed Attorney fund (not the Registry of the Court) until ordered by the Court to pay such funds to the Appointee and/or refund certain sums of money back to the Applicant.
Civil cases
Page 1 | Order Requiring Security for Appointees Fees
A fee must be paid when a petition for nondisclosure is filed with the district clerk.
In accordance with TEX. GOV’T CODE § 411.081(d) petitions for non-disclosure are filed with the district clerk, a fee is paid, and the case is set.
Page 15 | 4.4.10. Petitions for Non-disclosure
An arrestee may not be incarcerated for inability to pay a fee or cost associated with a condition of release.
9.12.8 No arrestee may be incarcerated due to inability to pay a fee or cost associated with a condition of release.
Page 24 | 9.12.8
The bonding company must deliver the specified costs or judgment amount with the order, using an accepted tender payable to the district clerk; cash may be paid in advance.
The total amount of the costs on bond reinstatements with costs, dismissals with costs, and in the case of agreed judgments the total amount of judgment and costs, will be delivered to the court along with the order of judgment by the bonding company. Money orders, cashier’s checks, and firm checks, payable to the Harris County district clerk, are the only tender that will be accepted. Cash payments may be made in advance and a receipt obtained from the district clerk and presented with the order or judgment.
Page 25 | RULE 11. BOND FORFEITURE REINSTATEMENTS, DISMISSALS, AND JUDGMENTS
A fee must be paid when a petition for nondisclosure is filed with the district clerk.
4.10.1. In accordance with TEX. GOV’T CODE § 411.081(d) petitions for non-disclosure are filed with the district clerk, a fee is paid, and the case is set.
Page 15 | 4.4.10 Petitions for Non-disclosure
The district clerk sets a nondisclosure petition upon collection of the filing fee, for fourteen days from filing unless the court orders otherwise.
4.10.2. Petitions filed under this section will be set by the district clerk, upon collection of the filing fee for fourteen days from the date the petition is filed, or as ordered by the court.
Page 15 | 4.4.10 Petitions for Non-disclosure
Arrestees who meet any of the listed eligibility criteria may not be charged fees associated with personal or unsecured bonds or non-financial release conditions.
9.12.7 An arrestee who meets any of the following, may not be assessed any fee associated with a personal bond or an unsecured bond, or the cost of a non-financial condition of release, including but not limited to, a supervision fee, a fee for electronic monitoring, or the cost of an interlock device: a. Is eligible for appointment of counsel; b. Has been homeless in the past six months; c. Has income at or below 200% of the federal poverty guidelines; Is a full-time student; d. Is, or within the past six months has been, homeless; e. Is incarcerated, or residing in a mental health or other treatment program; or f. Is or has dependents who are eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, Social Security Disability Income, public housing, or any other federal or state public assistance program based on financial hardship.
Page 23 | 9.12.7
An arrestee may not be incarcerated for inability to pay a fee or cost associated with a release condition.
9.12.8 No arrestee may be incarcerated due to inability to pay a fee or cost associated with a condition of release.
Page 24 | 9.12.8
Only money orders, cashier’s checks, and firm checks payable to the Harris County district clerk are accepted, while cash may be paid in advance with the receipt presented alongside the order or judgment.
Money orders, cashier’s checks, and firm checks, payable to the Harris County district clerk, are the only tender that will be accepted. Cash payments may be made in advance and a receipt obtained from the district clerk and presented with the order or judgment.
Page 25 | RULE 11. BOND FORFEITURE REINSTATEMENTS, DISMISSALS, AND JUDGMENTS
Applicants must pay $750 as security for an appointed Attorney Ad Litem upon filing an heirship or guardian appointment application, unless they have filed an Affidavit of Inability to Pay Costs.
IT IS THEREFORE ORDERED pursuant to Texas Estates Code §§53.052 & 1053.052 that, upon filing of 1) Applications for the Determination of Heirship and 2) Applications for the Appointment of a Guardian, Applicants shall pay the amount of $750.00 as security for the costs for the Attorney Ad Litem appointed in their case?. The provision in this paragraph shall take effect no sooner than March 3, 2025. IT IS FURTHER ORDERED that Applicants who have filed an Affidavit of Inability to Pay Costs in the case shall not be required to deposit the security for the costs for the Attorney Ad Litem appointed in their case.
Civil cases
Page 1 | ORDER REQUIRING SECURITY FOR APPOINTEES' FEES
A fee must be paid when a petition for non-disclosure is filed with the district clerk.
In accordance with TEX. GOV’T CODE § 411.081(d) petitions for non-disclosure are filed with the district clerk, a fee is paid, and the case is set.
Page 15 | 4.4.10 Petitions for Non-disclosure
Payments must be made by money order or qualifying check, unless cash is paid in advance and a district clerk receipt is presented with the order or judgment.
Money orders, cashier’s checks, and firm checks, payable to the Harris County district clerk, are the only tender that will be accepted. Cash payments may be made in advance and a receipt obtained from the district clerk and presented with the order or judgment.
Page 25 | RULE 11. BOND FORFEITURE REINSTATEMENTS, DISMISSALS, AND JUDGMENTS
The bonding company must deliver the required costs or judgment amount to the court with the order of judgment.
The total amount of the costs on bond reinstatements with costs, dismissals with costs, and in the case of agreed judgments the total amount of judgment and costs, will be delivered to the court along with the order of judgment by the bonding company.
Page 25 | RULE 11. BOND FORFEITURE REINSTATEMENTS, DISMISSALS, AND JUDGMENTS
Filing fees for mental health cases are due when filed unless the county is responsible for paying them.
Texas Attorney General Opinion KP-0464, dated May 13, 2024, states that the payment of filing fees associated with mental health cases must be paid at the time of filing unless a county is responsible for paying such fees;
Page 1 | WHEREAS
The Harris County Clerk must collect mental health case filing fees and deposit them into accounts designated by the Harris County Auditor.
NOW THEREFORE, IT IS ORDERED that the Harris County Clerk shall commence with the collection of filing fees for mental health cases with such fees collected and deposited into accounts as designated by the Harris County Auditor.
Page 1 | IT IS ORDERED
Mental health fees may be held in a separate MHAFF account until the court orders payment to the appointed individuals.
It is further ordered that such fees may be held in a separate Mental Health Appointee Fee Fund (MHAFF) account until the court orders their payment to the appointed individuals.
Page 1 | IT IS ORDERED
An arrestee meeting any listed eligibility criterion may not be assessed fees for a personal or unsecured bond or the cost of a non-financial release condition.
9.12.7 An arrestee who meets any of the following, may not be assessed any fee associated with a personal bond or an unsecured bond, or the cost of a non-financial condition of release, including but not limited to, a supervision fee, a fee for electronic monitoring, or the cost of an interlock device: a. Is eligible for appointment of counsel; b. Has been homeless in the past six months; c. Has income at or below 200% of the federal poverty guidelines; Is a full-time student; d. Is, or within the past six months has been, homeless; e. Is incarcerated, or residing in a mental health or other treatment program; or f. Is or has dependents who are eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, Social Security Disability Income, public housing, or any other federal or state public assistance program based on financial hardship.
Page 23 | 9.12.7
Sealing & Redaction Procedures
Until the separate-page plan is implemented, confidential bond filings may be accessed only by the person or attorney of record, a party entity, or as authorized for good cause by a presiding judge.
Until such time, no person or entity is permitted to access confidenti al bond filin gs unl ess such person or attorney ofrecord , or entity is party to the acti o n or fo r good cause shown, as determined by a pres iding judge of a Harri s County Criminal Court at Law.
Criminal cases
Page 1 | ORDER ADDRESSING THE CONFIDENTIALITY OF PERSONAL IDENTIFYING INFORMATION IN GENERAL ORDER & PERSONAL BONDS FILED IN THE HARRIS COUNTY CRIMINAL COURTS AT LAW
The District Clerk must keep the contents of misdemeanor General Order and Personal Bonds confidential, while their titles, filing dates, and page enumerations remain public.
IT IS HERE BY O RD ERED th at the I larri s County Di stri ct C lerk keep confidential the contents of any General Order Bond (a lso referred to as "GOB") or Personal Bond (" PR Bond") fil ed in mi sdemeanor cri minal cases ass igned to the Harris Coun ty Crimina l Coutts at Law. T he titl e, filin g date, and page enumeration of the fi led Genera l Ord er Bond or Persona l Bond is to rema in viewable to the public.
Criminal cases
Page 1 | ORDER ADDRESSING THE CONFIDENTIALITY OF PERSONAL IDENTIFYING INFORMATION IN GENERAL ORDER & PERSONAL BONDS FILED IN THE HARRIS COUNTY CRIMINAL COURTS AT LAW
General Order and Personal Bonds must remain confidential until the plan to place identifying information on a separate confidential page is implemented; afterward, the Clerk must publish portions without that information.
IT IS FURTH ER ORD ERE D th at General Order Bonds and Personal Bond s are only to be fi led as confidenti a l documents until th e current plan to segregate a defendant 's personal identify ing info rmation to a separate confi dentia l page can be implemented. Once thi s plan is impl emented, the Harri s County D istrict C lerk is ORD ERED to resume the practice of publi shing the porti ons of the Genera l Order Bonds and Personal Bonds that do not contain th e defendant 's personal identify ing information.
Criminal cases
Page 1 | ORDER ADDRESSING THE CONFIDENTIALITY OF PERSONAL IDENTIFYING INFORMATION IN GENERAL ORDER & PERSONAL BONDS FILED IN THE HARRIS COUNTY CRIMINAL COURTS AT LAW
Pre-Motion Conference Requirements
In the discretion of the court, motions shall state a date of submission, which shall be at least 10 days from filing, except on leave of court. The motion will be submitted to the court for filing on that date or later.
In the discretion of the court, motions shall state a date of submission, which shall be at least 10 days from filing, except on leave of court. The motion will be submitted to the court for filing on that date or later.
Civil cases
Page 1 | 3.3.2 Submission
Responses must be filed at least three working days before the submission date, unless the court grants leave.
Responses shall be in writing, and shall be filed at least three (3) working days before the date of submission, except on leave of court.
Civil cases
Page 2 | 3.3.3 Response
Motions and applications may be considered by written submission, except applications to probate a will or appoint an administrator or guardian.
Motions and applications, other than applications for probate of will, for appointment of administrator, or for appointment of guardian, may be considered by written submission.
Civil cases
Page 5 | RULE 10: MOTIONS AND HEARINGS
If a submitted case remains undecided for at least 30 days, any party may request and obtain an oral hearing.
While a case is on submission and remains undecided for 30 days or more any party may request and obtain an oral hearing before the Court.
Civil cases
Page 6 | RULE 10: MOTIONS AND HEARINGS
Adjournment & Extension Requirements
A trial setting may be continued only by written agreement of all parties or their lead counsel and with court approval.
Any trial setting may be continued by written agreement of all parties or their lead counsel, with the approval of the court.
Civil cases
Page 7 | 11.4 Agreed Continuances
For a case reset, the attorney seeking it must prepare a reset agreement and obtain opposing counsel’s concurrence.
When a case is to be rescheduled, a reset agreement must be prepared by the attorney seeking the reset and concurred in by opposing counsel.
Criminal cases
Page 5 | (f) Continuances and Resetting Cases
Off-docket resets must be handled in person by the attorney of record, and the attorneys must prepare a reset agreement for approval by the Court where the case is pending.
Off-docket resets must be handled in person by the attorney of record. A reset agreement must be prepared by the attorneys and approved by the Court where the case is pending.
Criminal cases
Page 6 | (f) Continuances and Resetting Cases
When the emergency scheduling procedures are invoked, non-essential matters will be continued and rescheduled while essential matters proceed as scheduled.
If the District Courts invoke these Inclement Weather, Emergency, and Public Health Scheduling Procedures, then all non-essential court matters will be continued and rescheduled. Essential court matters will go forward as scheduled.
Criminal cases
Page 6 | (g) Inclement Weather, Emergency and Public Health Scheduling Procedures
Chambers Communication Rules
The hearing officer must immediately email the judge and court coordinator about the defendant’s release and pending appearance.
The hearing officer who orders the defendant’s release shall immediately notify, by e-mail, the judge and the coordinator of the court in which the defendant is set, notifying them of the defendant’s release and pending appearance in that court.
Page 9 | 4.1. Initial Settings
If an appeal bond has not been filed within forty-eight hours after notice of appeal, a report must be sent to the court.
When a defendant has given notice of appeal and an appeal bond has not been filed in the papers of the cause within forty-eight hours, a report shall be sent to the court apprising the court that an appeal bond has not been filed.
Page 14 | 4.4.6. Notice to Court When Appeal Bond Not Filed
When filing the withdrawal motion, the original attorney of record must request a hearing date from the court coordinator.
At the time the motion to withdraw is filed, the original attorney of record shall also request a hearing date from the court coordinator who shall set the motion on the court’s docket within seven (7) calendar days of presentment.
Page 26 | RULE 16. ATTORNEY OF RECORD
Appellate counsel must request a hearing date from the court coordinator for the motion to substitute counsel.
The appellate counsel shall also request a hearing date from the court coordinator who shall set the motion to substitute counsel on the court’s docket within seven (7) calendar days of presentment.
Page 26 | RULE 16. ATTORNEY OF RECORD
Lead counsel must immediately notify the probate court when available after a conflicting prior trial engagement.
The lead counsel shall notify the probate court immediately of his or her availability.
Civil cases
Page 4 | RULE 5: CONFLICTING TRIAL SETTINGS
The hearing officer must immediately email the judge and coordinator of the court where the defendant is set about the release and pending appearance.
The hearing officer who orders the defendant’s release shall immediately notify, by e-mail, the judge and the coordinator of the court in which the defendant is set, notifying them of the defendant’s release and pending appearance in that court.
Page 10 | 4.1. First Settings
Bonding agencies must obtain the future setting date from the court coordinator before presenting reinstatement orders and costs; future settings are seven days after the reinstatement order.
All bonding agencies shall be required to obtain the future setting date from the court coordinator prior to presenting orders of reinstatement and costs. All future settings shall be seven days from the date of the reinstatement order.
Page 25 | RULE 11. BOND FORFEITURE REINSTATEMENTS, DISMISSALS, AND JUDGMENTS
When partial funds are remitted, the sheriff or designated deputy must notify the judge with jurisdiction within 72 hours and provide the specified case and payment information.
The Sheriff of Harris County, Texas is directed to accept either the full amount or a partial amount of any fine, court costs or fees lawfully adjudged against a defendant. The sheriff or his designated deputy shall notify the judge of the court with jurisdiction over the defendant within 72 hours that partial funds were remitted, and shall include the (1) case number; (2) name of the defendant; (3) amount remitted; (4) date remitted; and (5) amount outstanding, as reflected in the records of the sheriff.
Page 31 | RULE 21. SATISFACTION OF JUDGMENT: ORDER PERMITTING PARTIAL PAYMENT ON FINES AND COSTS
Bonding agencies must obtain the future setting date from the court coordinator before presenting reinstatement orders and costs.
All bonding agencies shall be required to obtain the future setting date from the court coordinator prior to presenting orders of reinstatement and costs.
Page 25 | RULE 11. BOND FORFEITURE REINSTATEMENTS, DISMISSALS, AND JUDGMENTS
Appellate counsel must request a hearing date from the court coordinator for the motion to substitute counsel.
The appellate counsel shall also request a hearing date from the court coordinator who shall set the motion to substitute counsel on the court’s docket within seven (7) calendar days of presentment.
Page 27 | RULE 16. ATTORNEY OF RECORD
When filing a motion to withdraw, the original attorney of record must request a hearing date from the court coordinator.
At the time the motion to withdraw is filed, the original attorney of record shall also request a hearing date from the court coordinator who shall set the motion on the court’s docket within seven (7) calendar days of presentment.
Page 27 | RULE 16. ATTORNEY OF RECORD
The hearing officer must immediately email the assigned court’s judge and coordinator about the defendant’s release and pending appearance.
The hearing officer who orders the defendant’s release shall immediately notify, by e-mail, the judge and the coordinator of the court in which the defendant is set, notifying them of the defendant’s release and pending appearance in that court.
Page 10 | 4.1.7. First Settings
Bonding agencies must obtain the future setting date from the court coordinator before presenting reinstatement orders and costs, and the setting must be seven days after the reinstatement order.
All bonding agencies shall be required to obtain the future setting date from the court coordinator prior to presenting orders of reinstatement and costs. All future settings shall be seven days from the date of the reinstatement order.
Page 25 | RULE 11. BOND FORFEITURE REINSTATEMENTS, DISMISSALS, AND JUDGMENTS
Counsel must promptly report a conflicting engagement to a court upon learning it might prevent counsel from being available for trial.
It is the duty of counsel to report promptly to a court immediately upon learning of a conflicting engagement that might preclude that counsel’s availability for trial.
Civil cases
Page 4 | 4.5 Reporting of Conflicting Engagements
Bonding agencies must obtain the future setting date from the court coordinator before presenting reinstatement and cost orders.
All bonding agencies shall be required to obtain the future setting date from the court coordinator prior to presenting orders of reinstatement and costs.
Page 24 | RULE 11. BOND FORFEITURE REINSTATEMENTS, DISMISSALS, AND JUDGMENTS
During an approved court reporter absence, the Office of County Court Management must be contacted about reporter availability before hiring a substitute, unless the reporter has arranged coverage with another reporter.
During the approved absence of a court reporter, the Office of County Court Management shall be contacted to determine whether a reporter from another county criminal court at law is available before a substitute is hired, unless the court’s reporter has made prior arrangements for coverage with another court reporter.
Page 30 | 20.1. Absent and substitute court reporters
4.4 Lead Counsel. This rule operates only where lead counsel, as defined by T.R.C.P. 8, is affected unless the court expands coverage to other counsel. 4.5 Reporting of Conflicting Engagements. It is the duty of counsel to report promptly to a court immediately upon learning of a conflicting engagement that might preclude that counsel’s availability for trial.
4.4 Lead Counsel. This rule operates only where lead counsel, as defined by T.R.C.P. 8, is affected unless the court expands coverage to other counsel. 4.5 Reporting of Conflicting Engagements. It is the duty of counsel to report promptly to a court immediately upon learning of a conflicting engagement that might preclude that counsel’s availability for trial.
Civil cases
Page 4 | 4.4–4.5
When filing the withdrawal motion, original counsel must request a hearing date from the court coordinator, who must docket the motion within seven calendar days of presentment.
At the time the motion to withdraw is filed, the original attorney of record shall also request a hearing date from the court coordinator who shall set the motion on the court’s docket within seven (7) calendar days of presentment.
Page 27 | RULE 16. ATTORNEY OF RECORD
Appellate counsel must request a hearing date from the court coordinator, who must docket the substitution motion within seven calendar days of presentment.
The appellate counsel shall also request a hearing date from the court coordinator who shall set the motion to substitute counsel on the court’s docket within seven (7) calendar days of presentment.
Page 27 | RULE 16. ATTORNEY OF RECORD
Before hiring a substitute during an approved reporter absence, the Office of County Court Management must be contacted to check for an available reporter, unless the absent reporter has arranged coverage with another reporter.
During the approved absence of a court reporter, the Office of County Court Management shall be contacted to determine whether a reporter from another county criminal court at law is available before a substitute is hired, unless the court’s reporter has made prior arrangements for coverage with another court reporter.
Page 31 | RULE 20. COURT REPORTERS
Contact the individual court for new court dates, further instructions, or questions.
Please contact the individual court for new court dates, further instructions, and/or questions.
Page 50 | 25.4. INCLEMENT WEATHER POLICY
The sheriff or designated deputy must notify the judge within 72 hours of a partial payment and include the case number, defendant’s name, amount and date remitted, and outstanding amount.
The sheriff or his designated deputy shall notify the judge of the court with jurisdiction over the defendant within 72 hours that partial funds were remitted, and shall include the (1) case number; (2) name of the defendant; (3) amount remitted; (4) date remitted; and (5) amount outstanding, as reflected in the records of the sheriff.
Page 31 | RULE 21. SATISFACTION OF JUDGMENT: ORDER PERMITTING PARTIAL PAYMENT ON FINES AND COSTS
During a reporter’s approved absence, the Office of County Court Management must be contacted about available coverage before a substitute is hired, unless prior coverage arrangements have been made.
During the approved absence of a court reporter, the Office of County Court Management shall be contacted to determine whether a reporter from another county criminal court at law is available before a substitute is hired, unless the court’s reporter has made prior arrangements for coverage with another court reporter.
Page 31 | RULE 20. COURT REPORTERS
Parties must check with their specific Court for information about the time and location of essential matters that are rescheduled or held at alternate locations.
Parties must check with their specific Court for more information on time and location.
Criminal cases
Page 6 | (g) Inclement Weather, Emergency and Public Health Scheduling Procedures
Future dates must be obtained from the Coordinator or Judge prior to leaving the courtroom.
Future dates must be obtained from the Coordinator or Judge prior to leaving the courtroom.
Criminal cases
Page 6 | (f) Continuances and Resetting Cases
Contact the individual court for new court dates, further instructions, or questions.
Please contact the individual court for new court dates, further instructions, and/or questions.
Page 49 | 25.4. INCLEMENT WEATHER POLICY
A filing party, lead counsel, or the court may set a non-trial matter by requesting a hearing from the proper personnel of the court where the matter is pending.
All uncontested and contested matters (with the exception of trials) may be set by the filing party, lead counsel, or the court, by requesting a hearing from the proper personnel of the court in which the matter is pending
Civil cases
Page 6 | RULE 10: MOTIONS AND HEARINGS
A party, lead counsel, or the court may set a trial by requesting a docket setting or scheduling conference from the proper personnel of the court where the matter is pending.
All trials may be set by any party, lead counsel, or the court, by requesting a docket setting or scheduling conference from the proper personnel of the court in which the matter is pending
Civil cases
Page 6 | RULE 11: TRIALS
When a contested matter has no applicable responsive or triggering pleading identified, parties may request a trial-setting or scheduling conference from the proper court personnel.
In those instances where a matter is contested, but the court has not identified an applicable responsive or triggering pleading, parties may request a trial setting or scheduling conference from the proper personnel of the court in which the matter is pending and serving notice of the date and time of such trial setting or scheduling conference upon all parties or their lead counsel.
Civil cases
Page 7
When evidence suggests that a defendant may be a juvenile, the sheriff and/or district attorney are requested to inform the court of the case style.
In any case wherein proof is offered that a defendant may be a juvenile, the sheriff and/or the district attorney are requested to make the court in which the cause is pending aware of the style of the case in which the defendant is suspected to be a juvenile.
Page 28 | RULE 17. JUVENILE DEFENDANTS
Contact the individual court for new court dates, further instructions, or questions.
Please contact the individual court for new court dates, further instructions, and/or questions.
Page 51 | 25.4.1. INCLEMENT WEATHER POLICY
Contact the individual court for new court dates, further instructions, or questions.
Please contact the individual court for new court dates, further instructions, and/or questions.
Page 50 | RULE 25. DISASTER PLAN
During inclement weather emergencies or public concern, litigants are encouraged to contact individual courts to ask whether telephone or video conferencing is available as an alternative to in-person hearings.
During times of inclement weather emergencies or public concern, all litigants are encouraged to: (a) submit contested motions on a submission docket where available; or (b) contact individual courts to determine if telephone or video conferencing is an available alternative to in-person hearings.
Criminal cases
Page 6 | (g) Inclement Weather, Emergency and Public Health Scheduling Procedures
Contact the assigned court for guidance about a specific case.
Contact the assigned court for guidance in a specific case.
Criminal cases
Page 7
Contact the home court with questions about whether a matter is essential.
Any questions regarding whether a matter is essential, please contact the home court.
Criminal cases
Page 7
For information about a particular day of jury service, visit the district clerk’s website or call the listed number.
If you have received a jury summons, please go to https://www.hcdistrictclerk.com/ or call 713-755-6392 for information regarding your particular day of service.
Criminal cases
Page 7