Judge Donna Roth
Individual Rules, Standing Orders & Policies
Adjournments
- File motions for continuance as soon as possible, preferably 7 days prior to trial and before assignment to a trial.
Communication
Clerk
Clerk
Phone
Phone
Clerk
Phone
Clerk
Clerk
Document Format Requirements3 rules
Proposed orders for substitute service or service by publication must use the Court's standard format.
All proposed orders for substitute service or service by publication be in the format of the Court's standard format.
Any exhibit with more than one page must be stapled, binder clipped, or contained in a notebook.
Please ensure any exhibit that has more than one page is stapled, binder clipped, or contained in a notebook.
Mark exhibits with numbers rather than letters.
Exhibits should be marked with numbers, not letters.
Document Filing Requirements26 rules
Certain listed motions are presented to the Judge upon filing without an oral hearing; all other motions must be set for an oral or submission hearing.
The following motions will be presented to the Judge upon filing and may not need to be set for an oral hearing. If an oral hearing is needed, the Court will contact you. All other motion must be set for either an oral or submission hearing.
Document Type
Motion
Nonsuits involving minors require an oral hearing unless an affidavit states the minor has reached the age of majority.
Nonsuits are presented to the Judge upon filing without need for a hearing with the exception of cases involving minors. These must be set for an oral hearing. If the minor has reached the age of majority, an affidavit stating so must be filed with the nonsuit and a hearing is not required.
Document Type
Motion
A motion to substitute counsel requires both attorneys' signatures or a hearing; with signatures and a proposed order, no hearing is needed.
Both the withdrawing and substituting attorneys' signatures must be present on the Motion to Substitute or, alternatively, it must be set for a hearing. Either submission or oral would suffice. If you have included the required signatures on the motion and filed a proposed order, it will be present to the Judge without the need for a hearing.
Document Type
Motion
Motions seeking a ruling and responses must be filed with a corresponding proposed order.
Motions seeking a ruling should be filed with a corresponding proposed order. Responses should also be filed with a corresponding proposed order.
Document Type
Motion
All hearing notices must include the hearing date and time, the motion filing date, and the motions to be heard.
All notices must include the date and time of the hearing, the date that the motion(s) was filed, and the motion(s) to be heard.
Document Type
Notice Of Motion
A motion to withdraw counsel requires the withdrawing attorney's and the party's signatures or a hearing; with signatures and a proposed order, no hearing is needed.
Both the withdrawing attorney's and the party's signature must be present on a Motion to Withdraw or, alternatively, it must be set for a hearing. Either submission or oral would suffice. If you have included the required signatures on the motion and filed a proposed order, it will be presented to the Judge without the need for a hearing.
Document Type
Motion
A written notice withdrawing the MSJ must be filed before it can be reset; otherwise the MSJ will be denied.
A written notice withdrawing the MSJ must be filed before the motion can be reset. If a written notice withdrawing the motion is not received prior to resetting the MSJ, the MSJ will be denied.
Document Type
Motion
Agreed motions must include the signature of counsel for all parties.
Document Type
Motion
The order of severance must contain the style of case, proposed new case number, parties, documents with filed dates, case status, and cost responsibility.
for the severance. The order of severance must contain the following: - Style of Case; - Proposed new case number / example 2006-00000-A; - Parties to be included in the severed case; - Each document to be included in the severed case along with the corresponding filed date and/or image number; - Whether the severed case has a final order, is to remain active, or is to be abated; and - The party paying for court cost
Document Type
Proposed Order
Special exceptions must attach the excepted pleading or state the excepted paragraph verbatim.
Attach a copy of the pleading you are excepting to (unless the exception is only to the amount of damages sought) or state verbatim the paragraph you except to in the pleading.
Document Type
Motion
Discovery motions must attach the discovery response at issue or state the request and answer verbatim in the body of the motion.
Be sure to attach a copy of the discovery response at issue or state verbatim the request and answer in the body of your motion.
Document Type
Motion
All default judgment motions require an oral or submission hearing; foreclosure or damages proof-up requires an oral hearing.
All Motions for Default Judgment require either an oral or submission hearing. If you are requesting foreclosure or need to prove up damages, an oral hearing is required.
Document Type
Motion
Unopposed motions must include a certificate of conference.
Document Type
Motion
A notice setting an oral hearing must be filed with a motion for summary judgment.
If you want an oral hearing on your MSJ, then you must file a notice setting same with your motion.
Document Type
Motion
Parties must confer before filing discovery motions and include a certificate of conference.
Always confer before filing any motion related to discovery and include a certificate of conference.
Document Type
Motion
The deposition itself must be submitted when filing objections.
When filing objections the deposition itself must be submitted.
Document Type
Objections
Ex parte motions must be labeled as ex parte in the title of the motion.
Ex Parte Motions (Please label as ex parte in the title of the motion.)
Document Type
Motion
Documents must use the exact pleading name and limit titles to no more than 10 words.
When filing documents, the exact name as it appears on the pleading is to be used. The name of the pleading appears on the search results or summary page for the case. To simplify the search results page, please limit the title of documents to no more than 10 words, unless additional words are absolutely necessary.
Document Type
Motion
Proposed orders for discovery motions should list each discovery issue separately.
Proposed orders should list each discovery issue separately.
Document Type
Proposed Order
Proposed orders for special exceptions should list each exception separately.
Proposed orders should list each exception separately.
Document Type
Proposed Order
Proposed orders on motions to compel and special exceptions should delineate each item.
Document Type
Proposed Order
Agreed and unopposed motions must be labeled as such in the title of the motion.
Agreed/Unopposed Motions (Please label as such in the title of the motion.
Document Type
Motion
Sanctions should only be requested after a previous order violation; otherwise request attorney fees as cost reimbursement.
Sanctions should not be requested unless the opponent has violated a previous order. Instead, ask for reimbursement of your costs in the form of attorney fees.
Document Type
Motion
If the motion title includes 'emergency', no separate emergency hearing request is needed.
If the motion itself includes "emergency" in the title, there is no need to file a separate request.
Document Type
Motion
If an agreed motion is denied without a hearing, a subsequent oral hearing may be requested.
If an agreed motion is denied without a hearing, you can request a subsequent oral hearing on the motion.
Document Type
Motion
All oral hearings are held in person.
All oral hearings are in-person.
Document Type
Motion
Filing & Service rules
Filing Timing and Cure Windows
Exchange and file deposition excerpts as soon as practical, but no later than 7 days before voir dire.
Deposition excerpts shall be exchanged and filed as soon as practical but no later than 7 days prior to the voir dire examination.
Page 3 | Deadlines
File objections to deposition excerpts no later than 3 days before voir dire.
Objections to the excerpts shall be filed no later than 3 days prior to voir dire examination.
Page 3 | Deadlines
Additional motions in limine and exhibits must be exchanged among all parties no later than 14 days before voir dire.
Motions in Limine which are in addition to the Court's Standing Motion in Limine, and exhibits must be exchanged among all parties pursuant to the Texas Rules of Civil Procedure, but no later than 14 days before voir dire examination.
Page 3 | Deadlines
An MSJ set for oral hearing must be set between the 35th and 60th day after the motion is filed.
An MSJ, if set for an oral hearing, must be set 35 days after the motion is filed and before the expiration of 60 days from the date the motion is filed. In other words, the motion must be set between the 35th and 60th day after the filing of the motion.
Page 1 | 1.10 Summary Judgments
If no oral hearing notice is filed, the MSJ is automatically placed on the submission docket on the first Monday after 35 days.
If no oral hearing notice is filed by the movant, the Court will automatically place the motion on the submission docket on the first Monday after the expiration of 35 days.
Page 1 | 1.10 Summary Judgments
Extending the MSJ setting deadline to 90 days requires a Rule 11 agreement filed into the case file.
If the movant wishes to extend the setting deadline to 90 days, a rule 11 agreement must be filed into the case file.
Page 1 | 1.10 Summary Judgments
Related motions, agreed orders, or nonsuits/dismissals must be on file prior to the DWOP date.
The Dismissal for Want of Prosecution (DWOP) docket is a no-appearance docket. Please have any related motions, agreed orders, or nonsuits/dismissals on file prior to your DWOP date.
Page 1 | 4.4 Dismissal for Want of Prosecution (DWOP)
The submission docket is every Monday at 8:00 am with at least ten days' notice; no reservation is needed.
The submission docket is every Monday at 8:00 am with at least a ten-day notice. There is no need to reserve a date with the clerk for the submission docket. Simply choose an appropriate date and file your notice.
Page 1 | 4.1 Submission
Oral Monday dockets close the Wednesday before at noon; notices must be filed by then.
The oral Monday dockets close the Wednesday before at 12:00 pm noon. Your notice must be filed by this date.
Page 1 | 3. Deadlines
Responses, replies, and sur-replies filed after Thursday at 11:00 am before a Monday hearing are unlikely to be considered.
Any responses, replies, sur-replies, etc. filed after the Thursday before at 11:00 am for a Monday oral hearing are unlikely to be considered by the Court prior to the hearing.
Page 1 | 3. Deadlines
Service and Proof of Service Rules
For default judgments seeking foreclosure of a lien on real property, notice of the hearing must be sent to the defaulting party (per Rule 21a) and to any mortgage company holding a lien.
Notice of the hearing for default judgment must be sent to the defaulting party after service of citation pursuant to Rule 21a of the Texas Rules of Civil Procedure and - If there is a mortgage company that also holds a lien on the subject property, notice of the hearing for default judgment must be sent to the mortgage company.
Page 1 | 1.5 Default Judgments
Filing Bundling Requirements
Motions, responses, replies, exhibits, and proposed orders must each be filed as stand-alone documents, though they may be filed in the same envelope.
All motions/responses/replies must be filed in a stand-alone document. All exhibits, proposed orders, and other attachments should also be in their own documents. However, they may all be filed in the same envelope with the motion/response/reply as the lead document.
Page 1 | 5.2 Document Separation
Adjournment & Extension Requirements
Agreed/unopposed continuances in cases older than 2 years must be set for an oral hearing.
Agreed/Unopposed Continuances (Exception: All continuances filed in cases older than 2 years must be set for an oral hearing.)
Page 1 | 1.1 Agreed/Unopposed Motions and Other No-Hearing Motions
File motions for continuance as soon as possible, preferably 7 days prior to trial and before assignment to a trial.
Motions for Continuances need to be filed as soon as possible preferably 7 days prior to trial and before you are assigned.
Page 1 | General Information
Motions for continuance should be filed as early as possible; motions filed after trial coordinator assignment are disfavored.
Motions for Continuance should be filed as early as possible. Motions filed after receiving assignment from the trial coordinator will not be looked upon favorably.
Page 1 | 1.3 Continuances
Continuance motions based on trial conflicts are held by the Court until the morning of the Court's trial assignment.
If counsel has a conflict with another trial setting, the motion for continuance will be held by the Court until the morning of this Court's trial assignment.
Page 1 | 1.3 Continuances
Chambers Communication Rules
A party passing a hearing must notify all parties involved and the court.
A party who sets a hearing and subsequently passes that hearing MUST notify all parties involved including the court.
Page 1 | 4.2 Oral
Emergency hearings are requested by emailing the clerk or filing a request; no separate request is needed if the motion title includes 'emergency'.
When requesting an emergency hearing, please either email the clerk or file a request for emergency hearing into the case file. If the motion itself includes "emergency" in the title, there is no need to file a separate request.
Page 1 | 1.2 Emergency Motions
Parties request oral hearings by calling or emailing the clerk; hearings over 15-20 minutes require a time estimate, and the hearing is not docketed until a notice is filed and accepted.
Any party requesting an oral hearing should call or email the court clerk for a date and time. If a hearing is expected to take over 15 to 20 minutes, you should inform the clerk of your rough time estimate. The clerk will reserve a time for your hearing. This hearing will not be set on the Court's docket until a notice of hearing is filed and accepted.
Page 1 | 4.2 Oral
Counsel must contact the court clerk before a temporary injunction hearing to confirm readiness and duration; do not bring witnesses until speaking with the clerk.
Please contact the court clerk before your scheduled hearing. It is imperative that we know whether or not you are ready to proceed with the hearing and how long the hearing will take. If it is lengthy, we may need to reschedule your hearing (because of other hearings or trial) and extend the TRO until the court is available. Do not bring your witnesses to court until you have spoken to the court clerk!
Page 1 | 6. Temporary Injunctions
Counsel must contact the clerk with a rough time estimate for a default judgment hearing.
Please contact the clerk and provide a rough time estimate for your hearing.
Page 1 | 1.5 Default Judgments
Counsel requesting an oral hearing on a sanctions motion must contact the clerk with a rough time estimate.
If requesting an oral hearing on your motion for sanctions, please contact the clerk and provide a rough time estimate for the hearing.
Page 1 | 1.6 Sanctions
Contact the trial coordinator, Willie Frazier, by phone or email with any questions about the trial docket.
If you have any questions regarding the trial docket, please contact the trial coordinator, Willie Frazier at 832-927-1384 or Willie_Frazier@justex.net.
Page 1 | General Information
Direct questions about the submission or oral hearing docket to the court clerks by phone or email.
Any questions regarding the submission or oral hearing docket need to be directed to the court clerks at 832-927-1375 or by email at Joshua.Herrington@hcdistrictclerk.com or Melanie.Rosa@hcdistrictclerk.com.
Page 1 | General Information
Notify the court reporter as soon as possible before a hearing or trial if daily, expedited, or rough draft transcripts will be requested.
If daily copy, expedited, or rough draft transcripts will be requested of the court reporter, notice should be given to the court reporter as soon as possible before the start of the hearing or trial, so that the reporter may prepare appropriately.
Page 1 | General Information
Alert court staff as soon as possible before trial if you need technical assistance with courtroom equipment.
If you require technical assistance with the Courtroom equipment, please alert the Court staff as soon as possible prior to the start of trial.
Page 1 | General Information
If a pre-trial conference will need more than 30 minutes, contact the trial coordinator to schedule a separate pre-trial.
Pre-Trial Conferences are conducted at the time of trial. If more than 30 minutes is needed, please contact the trial coordinator to schedule a separate pre-trial.
Page 4 | Pretrial/Scheduling
Technical e-filing assistance is available at 855-839-3453 or efiling@hcdistrictclerk.com; eFileTexas support at support@efiletexas.gov.
For assistance with the technical aspect of efile support at 855-839-3453 or efiling@hcdistrictclerk.com. For eFileTexas specifically, you can contact support@efiletexas.gov.
Page 1 | 5.4 eFile Help Desk Contact Information