Court Rules

Harris County Courts at Law Filing Timing and Cure Windows

51 rules from official source documents

Rules 1 to 50, page 1 of 2

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Cutoffs and deemed-filed rules

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

Filing deadlines

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline
7 calendar days

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.

CRITICAL

Deadline
5 calendar days

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.

CRITICAL

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.

CRITICALCivil cases

Deadline
3 working days

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.

CRITICAL

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.

CRITICALCriminal cases

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,

CRITICAL

Deadline
24 hours

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCriminal cases

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;

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCriminal cases

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.

CRITICAL

Deadline
7 calendar days

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

Deadline
7 calendar days

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.

CRITICAL

Deadline
5 calendar days

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.

CRITICAL

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.

CRITICAL

Deadline
5 calendar days

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.

CRITICAL

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.”

CRITICAL

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.

CRITICAL

Deadline
7 calendar days

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.

CRITICAL

Deadline
24 hours

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCriminal cases

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.

CRITICAL

Deadline
5 calendar days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline
7 calendar days

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.

CRITICAL

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.

CRITICAL

Deadline
7 calendar days

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.

CRITICAL

Deadline
24 hours

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.

WARNING

Deadline
7 calendar days

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.

WARNING

Deadline
7 calendar days

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.

WARNING

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.

Common questions about Harris County Courts at Law filing timing and cure windows rules

What filing deadlines does Harris County Courts at Law set?

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.

View ruleOfficial source Source: page 16, section 7.1.3.1

46 more rules answer this question.

When is a filing treated as filed in Harris County Courts at Law?

The rule states a 3:00 p.m. filing cutoff. Approved docket additions are due by 3:00 p.m. the day before the case is added, though jail cases may be exempt.

View ruleOfficial source Source: page 16, section RULE 5. ADDING CASES TO THE DAILY DOCKET

2 more rules answer this question.