Judge Kyle Carter
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Chambers Drop Off
Adjournments
- A non-moving party requesting an oral hearing on a summary judgment motion must file a motion for continuance of the submission date.
- Continuances: first motion and first two agreed motions granted without oral hearing; later motions need additional explanation and must demonstrate need and client notification.
Request must include
Communication
Clerk6 contacts
- jimmy.rodruigez@hcdistrictclerk.com
- jimmy.rodriguez@hcdistrictclerk.com
- melissa_torres@justex.net
- 832-927-2550
- 832-927-2553
- 832-927-2554
Chambers1 contacts
- (832) 927-8888
Document Format Requirements6 rules
The Court requires a copy of the proposed jury charge on a flash drive.
The parties must file their proposed charge and must provide the court with a copy on a flash drive.
The Court may require modified orders to be submitted in Word format to the court clerk.
Occasionally, the Court may require the parties to submit modified orders to the Court clerk in Word format to the court clerk.
DOCX
E-filed pleadings must have full un-abbreviated titles, labeled exhibits, and proposed orders must not be attached as exhibits.
Type the entire title of your pleading. Do not abbreviate parts of the title. The clerks need the full and complete title of the pleading to insure proper filing. Do not split your documents in different envelopes. Clearly label all exhibits. Do not attach proposed orders as exhibits.
All exhibits must be on a numerically labeled flash drive with hard copies for the Court and jurors.
Please have all exhibits on a flash drive numerically labeled. Have a hard copy for the Court and a hard copy for the jurors.
Exhibits over 30 must be scanned to a CD with specific resolution and pixel requirements.
If you are offering more than 30 exhibits, please scan them to a CD. Scanned exhibits must have a resolution of 300 dots per inch (dpi). Photographic images other than documents (e.g., photos of physical exhibits) must be included within the computer file as images with a resolution of not less than 2,048 x 1,536 pixels (approximately 3 megapixels). Higher resolutions are not encouraged. If a full color rendition is necessary, color depth should be between 12-bit and 18-bit. Otherwise, grayscale images are encouraged.
Proposed jury charge must be brought on a flash drive or CD.
Please bring your proposed Jury Charge on a flash drive or cd.
Document Filing Requirements22 rules
All notices of oral hearing must contain the Zoom link and a link to the Tax Court Information Page.
ALL NOTICES OF ORAL HEARING MUST CONTAIN THE ABOVE ZOOM LINK AND A LINK TO THIS TAX COURT INFORMATION PAGE.
Document Type
Notice Of Hearing
Proposed orders for summary judgments must include total damages and attorney's fees; the motion must contain supporting evidence.
Proposed orders should include total damages and attorneys fees. The motion must contain evidence to support the amounts contained in the judgment.
Document Type
Summary Judgment Order
Unopposed motions must include a certificate of conference.
Unopposed motions must contain a certificate of conference.
Document Type
Unopposed Motion
Responses to motions must include a proposed order.
E-File responses to motions at least 24 hours prior to the hearing and include a proposed order.
Document Type
Response
Motions to withdraw must include the party's telephone number, address, email address, current deadlines, and trial settings.
Motions to withdraw as attorney of record must contain the parties telephone number, address, email address, current deadlines and trial settings.
Document Type
Motion To Withdraw
A motion for substituted service under Rule 106 must include an affidavit establishing the person can be found at the address and must use the Court's prescribed order.
If a party is seeking substituted service pursuant to 106 please provide a motion along with an affidavit that establishes that the person to be served can be found at the service address. Additionally, the parties should use the Court’s prescribed order.
Document Type
Motion
Motions seeking rulings on discovery objections must include an order with the specific requests, objections, and blanks to overrule or sustain.
If you are requesting the Court rule on objections, present a motion and order that contains the specific requests made along with the objections made and a blank to either overrule or sustain the objection.
Document Type
Discovery Motion
A proposed order submitted after a hearing must include a cover letter indicating whether opposing counsel agrees to its form.
When submitting a proposed order after a hearing, include a cover letter and indicate whether the proposed order is agree to in form by opposing counsel.
Document Type
Proposed Order
Motions requesting appointment of a guardian ad litem must include a brief description of the case and any other issues for the Court.
In motions requesting the appointment of a guardian ad litem, please include a brief description of the case and any other issues you would like the Court to consider.
Document Type
Motion
Motions for severance must include an order stating the style, new cause number, parties, documents, whether the case is disposed, and who pays costs.
SEVERANCE Motions for severance must include an order which states: The style of the case; The new cause number, e.g. 2018-12345A Parties to be included in the severed case Documents to be included in the severed case. Whether the severed order disposes of the severed case or if the case shall remain active. The party paying the costs of court and
Document Type
Severance Motion
Every motion must be accompanied by a certificate of conference detailing efforts to discuss with opposing counsel; failure may result in the motion being passed.
All motions must be accompanied by a certificate of conference detailing the efforts undertaken to discuss the motion with opposing counsel. Failure to file a certificate of conference may result in a motion being passed.
Document Type
Motion
Motions and responses must include a proposed order; motions without proposed orders may be passed.
All motions and responses must be filed with a corresponding order. The Court may pass motions filed without proposed orders.
Document Type
Motion
Orders on motions to withdraw must include the pro se party's name, address, telephone number, and email; otherwise the motion will be denied.
Orders on motions to withdraw MUST include contact information for the pro se party including: name, address, telephone number and email address. Failure to include the required contact information will result in the motion being denied.
Document Type
Order
Do not file a blank request for an oral hearing date.
Document Type
Request For Oral Hearing
Agreed/unopposed motions must be titled as such and contain the signatures of all parties in agreement.
All unopposed or agreed motions should be titled as such. All agreed motions and proposed orders must contain the signatures of all those in agreement.
Document Type
Agreed Motion
Special exceptions must state the objected language verbatim and the reasoning in both the motion and the order.
Special exception should specifically state the language objected to and the reasoning for the objection. The language excepted to should be stated verbatim in the motion and the order.
Document Type
Special Exception
Parties must file the proposed jury charge and provide a copy to the court on a flash drive.
The parties must file their proposed charge and must provide the court with a copy on a flash drive.
Document Type
Jury Charge
If a party appears at a tax default judgment hearing, the Court will not proceed; the party must complete a notice of appearance and answer form.
The Court will not proceed with default judgment if the party appears at the hearing on default judgment. However, the party must complete a notice of appearance and answer form at the time of the hearing so that the matter can be set for trial.
Document Type
Notice Of Appearance
Discovery motions must outline the dispute, the efforts made to resolve it, and the relief requested.
If the parties must seek assistance with respect to discovery matters, the movant should file a motion outlining the discovery dispute, the effort made to resolve that dispute, and the relief requested from the Court.
Document Type
Discovery Motion
Default judgment motions must be set for oral docket (not submission) and include exhibits showing service, non-military affidavit, certificate of last known address, and damages.
The parties shall file a motion for default judgment and set the same as a motion on the Court’s oral docket. Defaults are not to be submitted for submission, those that are will be passed. Please include all exhibits demonstrating service, non-military affidavit, certificate of last known address, and damages.
Document Type
Default Judgment
Redaction of exhibits must be completed before arriving for trial.
Any exhibits that need to be redacted MUST be done prior to the time you arrive for the beginning of trial.
Document Type
Exhibits
All exhibits must be premarked before trial and exhibit list copies provided to the judge, court reporter, and opposing counsel.
PLEASE HAVE ALL EXHIBITS PREMARKED BEFORE TRIAL AND A COPY OF YOUR EXHIBIT LIST FOR THE JUDGE, THE COURT REPORTER AND OPPOSING COUNSEL BESIDES THE ONE FILED IN YOUR PRETRIAL ORDER.
Document Type
Exhibits
Filing & Service rules
Electronic Filing Rules
Answers may be filed by mail or by depositing them in the outside drop box at 201 Caroline.
You can mail or use the drop box at 201 Caroline, on the outside of the building to drop your answer off for filing.
Page 1 | Information Regarding Answers
Responses to motions must be e-filed at least 24 hours before the hearing and include a proposed order.
E-File responses to motions at least 24 hours prior to the hearing and include a proposed order.
Page 1 | MOTION RESPONSES
Litigants must electronically file documents with the Harris County District Clerk; hand-delivery or fax requires prior court authorization.
The Rules of Civil Procedure require litigants to electronically file documents and pleadings with the Harris County District Clerk. Litigants need prior authorizations from the Court before hand-delivering or faxing documents directly to the Court. The District Clerks will not accept documents delivered directly to the court for filing. Litigants are responsible for ensuring that documents become part of the Court’s record by e-filings the documents.
Page 1 | E-FILING
Filing Timing and Cure Windows
Answers should be mailed within a reasonable amount of time prior to the hearing date.
Please mail your answer within a reasonable amount of time prior to your hearing date.
Page 1 | Information Regarding Answers
All expert witness challenge motions must be set for hearing before the trial date.
Parties shall set all motions to challenge expert for hearing before the trial date. Parties should not wait until the day of trial to challenge expert testimony.
Page 1 | EXPERT WITNESSESS CHALLENGES
Responses to motions must be filed at least 24 hours before the hearing.
E-File responses to motions at least 24 hours prior to the hearing and include a proposed order.
Page 1 | MOTION RESPONSES
Parties must file and exchange specified trial documents 7 days before trial or per the pre-trial order.
Parties need to file and exchange exhibit lists, motions in limine, deposition offers, proposed jury charges, proposed findings of fact and conclusions of law 7 days prior to trial, or in accordance with the Courts pre-trial order.
Page 1 | TRIALS
File a notice of oral hearing only after the clerk provides a hearing date and time, not before.
Once the clerk has provided a hearing date and time, then file a notice of oral hearing, not before.
Page 1 | ORAL HEARING DOCKET
Parties must exchange motions in limine before the pre-trial conference as required by the pre-trial order.
The parties must exchange motions in limine prior to the pre-trial conference in accordance with the pre-trial order.
Page 1 | MOTIONS IN LIMINE
Summary judgment motions should be heard at least one month before trial.
Summary judgments should be heard at least 1 month prior to trial.
Page 1 | SUMMARY JUDGMENTS
Parties must file proposed findings of fact and conclusions of law before the day of trial per the pre-trial order.
Parties should file their proposed findings of fact and conclusions of law with the Court prior to the day of trial in accordance with the pre-trial order.
Page 1 | FINDINGS OF FACT CONCLUSIONS OF LAW
Service and Proof of Service Rules
Parties must exchange all exhibits before trial.
The parties shall exchange ALL exhibits prior to trial.
Page 1 | EXHIBITS
Courtesy Copy Requirements
Courtesy copies of motions are permitted; if provided, they must be given to the court clerk and will be destroyed after the hearing.
The Court permits courtesy copies of all motions. Please provide all courtesy copies to the court clerk. Once the hearing is concluded all courtesy copies will be destroyed.
Page 1 | COURTESY COPIES
Sealing & Redaction Procedures
Parties seeking to seal court records must comply with Texas Rule of Civil Procedure 76a.
If the parties are seeking an order that would provide that any documents filed in the records of the court shall be sealed and not open to the public, then the parties must comply with Texas Rule Civil Procedure 76a.
Page 1 | PROTECTIVE ORDERS
Pre-Motion Conference Requirements
Parties must confer on all discovery motions before the hearing and be prepared to discuss those efforts with the Court.
The parties should conference on all discovery motions prior to a hearing and be prepared address these efforts with the Court.
Page 1 | DISCOVERY MOTIONS
Adjournment & Extension Requirements
A non-moving party requesting an oral hearing on a summary judgment motion must file a motion for continuance of the submission date.
If a non-moving party would like an oral hearing, then a motion for continuance of the submission date should be filed.
Page 1 | SUMMARY JUDGMENTS
Continuances: first motion and first two agreed motions granted without oral hearing; later motions need additional explanation and must demonstrate need and client notification.
The Court will grant the first motion for continuance filed by either party. Additionally, the Court will grant the first two agreed motions for continuance without the need for an oral hearing. Any subsequent motion for continuance will require additional explanation. The movant must demonstrate the need for the continuance and indicate that the clients have been informed.
Page 1 | CONTINUANCES
Chambers Communication Rules
When mailing an answer for filing, email the lead clerk and CC the Trial Coordinator to inform the court.
Additionally, please email the lead clerk and CC the Trial Coordinator to inform the court that you have mailed your answer for filing.
Page 1 | Information Regarding Answers
For in camera review, the moving party must hand-deliver documents to the clerk and schedule an off-docket status conference.
If a party desires an in camera review of documents the moving party shall provide the documents via hand delivery to the clerk of court. Once the documents have been provided the moving party shall schedule a status conference off-docket through the court clerk.
Page 1 | IN CAMERA DOCUMENTS
Before scheduling a temporary injunction hearing, the movant must call the Court to advise readiness and estimated hearing length.
Before scheduling the hearing, the movants should call the Court and advise 1) regarding readiness to proceed with the hearing, and 2) the estimated length of the hearing.
Page 1 | TEMPORARY INJUNCTIONS
Contact the clerk to schedule a hearing date and time; failure to send notice will result in the hearing being passed.
Please contact the clerk for a date and time. Failure to send notice will result in the passing of the hearing.
Page 1 | Hearings
Parties must contact court clerk Jimmy Rodriguez by phone or email to schedule a video conference and receive the conference link.
Parties are instructed to contact the court clerk Jimmy Rodriguez; 832-927-2550 (jimmy.rodriguez@hcdistrictclerk.com) to schedule a video conference and to be provided a link to the conference website.
Page 1 | B. Video Conferences
Parties must check with the court clerk before bringing witnesses to court for TRO hearings.
Parties should not bring witnesses to court without checking with the court clerk.
Page 1 | TEMPORARY INJUNCTIONS
Parties wishing to use a jury questionnaire must inform the Court at docket call or a pre-trial status conference.
If the parties would like to use a jury questionnaire please inform the Court at the docket call, or at a status conference prior to the day of trial.
Page 1 | VOIR DIRE
Parties join telephonic hearings by calling (832) 927-8888 and using access code 3686141#.
The telephone conference number is (832) 927-8888 and the access code is 3686141#.
Page 1 | A. Telephonic Hearings
For video conferences, parties must give court staff an accurate estimate of the time the hearing will require.
Also please make sure that you give an accurate representation to the court staff on the amount of time that you believe the hearing will require.
Page 1 | B. Video Conferences
When scheduling a hearing, parties must give the Clerk of the Court an accurate estimate of the time the hearing will require.
Be respectful when setting the hearing by giving an accurate estimate of time for your hearing to the Clerk of the Court.
Page 1 | A. Telephonic Hearings
Parties who lack the capability to participate in a video conference must inform the court so accommodations can be made.
However, if you do not feel you have the capability to participate in a video conference please inform the court so that accommodations can be made.
Page 1 | B. Video Conferences
Call the clerk to request an expedited hearing.
Please call the clerk if you would like an expedited hearing.
Page 1 | EXPEDITED HEARINGS
Video conference appearances and witnesses are permitted; the movant must schedule with the clerk and set up the services.
The Court permits appearances and the calling of witnesses at hearings and trial through video conferencing services such as Skype and Face-Time. Please call the clerk to schedule a video conference appearance. It is the responsibility of the movant to set up such services.
Page 1 | APPEARANCE BY SKYPE/FACE-TIME
Contact Melissa Torres by phone or email for matters relating to trials, continuances, retain/reinstatement motions, and DWOP dockets.
For matters relating to trials, continuances, retain and reinstatement motions, and DWOP docket's, contact: Melissa Torres at 832-927-2553 or Melissa_torres@justex.net
Page 1 | CONTACTING THE COURT
Contact the lead clerk by phone for matters relating to hearings and motions.
For matters relating to hearings and motions, contact: Lead Clerk: Jimmy Rodriguez at 832-927-2550 Alyssia Henderson at (832) 927-2550
Page 1 | CONTACTING THE COURT
Call the court clerk to obtain an oral hearing date and time.
Call the court clerk for a hearing date and time.
Page 1 | ORAL HEARING DOCKET
Contact the clerk or check the District Clerk's website to determine the status of orders and motions.
Contact the clerk for the status of any agreed or unopposed orders submitted to the Court. To determine whether the Court has ruled on a motion please check the District Clerk’s website or contact the Court clerks for status.
Page 1 | CONTACTING THE COURT
Call the court clerk to schedule a hearing on a motion.
Please call the court clerk to schedule a hearing on a motion.
Page 1 | MOTIONS
Contact Elizabeth Cordova by phone for information relating to transcripts.
For information relating to transcripts, contact: Elizabeth Cordova at 832-927-2554
Page 1 | CONTACTING THE COURT
Tax hearing/trial dockets are every other Friday at 1:30 p.m.; contact the clerk for hearing dates and coordinator for trial questions.
The Court conducts its tax hearing and trial dockets every other Friday at 1:30p.m. Please contact the court clerk for a hearing date and time. Please contact the court coordinator regarding any questions about trial dates.
Page 1 | TAX DOCKET
Appearances by phone are permitted; contact the clerk to schedule a telephone appearance.
The Court permits appearances at hearings by phone. Please contact the Court’s clerk to schedule an appearance by telephone.
Page 1 | APPEARANCE BY PHONE
Junior Lawyer Participation Incentives
The Court encourages opportunities for lawyers practicing less than 4 years to participate in hearings or trials, especially when they drafted the underlying motion.
The Court strongly encourages the lawyers to provide opportunities for young lawyers (practicing less than 4 years) to participate in hearings or trials particularly when the young lawyer drafted or contributed significantly to the underlying motion and response.
Page 1 | YOUNG LAWYERS