Judge Nicole V. Perdue
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
Filings > 20 pages
Motion
- Hand Delivery
Adjournments
- First continuance may be granted for good cause or agreement if filed sufficiently in advance; proposed order must include blank for new trial date.
- Continuances after the first reset require substantial need and must be set for oral hearing; counsel must confer with Court Coordinator first.
Request must include
Communication
Clerk
Phone
Clerk
Page & Word Limits1 rule
Videotaped deposition excerpts shown to the jury may not exceed 20 minutes without leave of Court.
No party shall present videotaped deposition testimony at trial in which the excerpts shown to the jury exceed twenty (20) minutes without first obtaining leave of Court.
Videotaped Deposition
Document Format Requirements5 rules
Plaintiff's exhibits marked with yellow stickers, Defendant's with blue; exhibits numbered, not lettered.
Plaintiff’s exhibits must be marked with yellow “Plaintiff’s Exhibit” stickers; Defendant’s exhibits must be marked with blue “Defendant’s Exhibit” stickers. Exhibits shall be numbered, not lettered.
Counsel must provide the Court Reporter with a thumb drive containing electronic copies of exhibits.
Counsel must also provide the Court Reporter with a thumb drive containing an electronic copy of their exhibits.
Duplicate exhibits must be eliminated; demonstrative exhibits must be marked and tendered in 8½ x 11 format.
Duplicate exhibits shall be eliminated. Any demonstrative or blow-up exhibit must also be marked and tendered in an 8½ x 11 format.
Multi-page exhibits must be stapled, bound, or securely assembled.
Multi-page exhibits must be stapled, bound, or otherwise securely assembled.
Proposed jury charge should be exchanged before trial and provided to the Court in Microsoft Word format.
A proposed jury charge should be exchanged before trial. Provide the Court with an electronic copy in Microsoft Word format.
DOCX
Document Filing Requirements33 rules
Motions for substituted service under TRCP 106 must be supported by an affidavit with specified details.
Motions for substituted service under Texas Rule of Civil Procedure 106 must be supported by an affidavit that includes: The efforts made to verify that the defendant resides or works at the address in question; Each attempt at service, including the date and time; The identity of any persons present at the address and what was said; The identity of any vehicles observed or other indicia that the defendant resides at the address; and Any additional facts demonstrating that the defendant will receive notice through the requested method of substituted service.
Document Type
Motion
To withdraw a summary judgment motion, file a written notice titled 'Notice of Withdrawal of Motion for Summary Judgment' identifying the original filing date.
To withdraw a motion for summary judgment, the party must file a written notice of withdrawal with the Court. The notice shall be titled “Notice of Withdrawal of Motion for Summary Judgment” and, pursuant to Rule 166a, as amended, must identify the date the motion was originally filed.
Document Type
Notice
Emergency hearing requests require a written emergency motion with detailed explanation and notice to all parties or explanation why not.
To request an emergency hearing, a party must file a written emergency motion that provides a detailed explanation establishing the basis for emergency relief. The motion must also reflect that notice has been provided to all opposing counsel or self-represented parties, or must explain with specificity why notice could not be given.
Document Type
Motion
Before trial, each party must provide the Court Reporter with marked original exhibits and exhibit list; Court Reporter retains custody.
Before trial begins, each party shall provide the Court Reporter with its marked original exhibits and a corresponding exhibit list. The Court Reporter will retain custody and control of all original exhibits throughout trial. Counsel shall retain a copy for personal use and must provide copies of their exhibits to opposing counsel and to the Court.
Document Type
Exhibits
All motions and responses must be accompanied by a proposed order, including objections to summary judgment evidence.
All motions and responses shall be accompanied by a proposed order. This requirement includes objections to summary judgment evidence.
Document Type
Motion
Requests for oral hearing on summary judgment motions must appear in the title of the motion or response.
If a movant requests an oral hearing, the request must appear in the title of the motion. For example: “[Party’s] Traditional Motion for Summary Judgment and Request for Oral Hearing.” If the request for oral hearing does not appear in the title of the motion, the motion will be placed on the Court’s submission docket. If a non-movant requests an oral hearing, the request must appear in the title of the response.
Document Type
Motion
Counsel must ensure cited authorities exist and are accurately quoted; fabricated or hallucinated citations will result in denial of relief.
Counsel are responsible for ensuring that all cited authorities exist and are accurately quoted. Citations to nonexistent, fabricated, or “hallucinated” cases will not be tolerated. If the Court determines that a motion contains such citations upon which its request for relief relies, the requested relief will be denied without further consideration.
Document Type
Motion
Parties must prepare, exchange, and bring a Trial Notebook with specified contents to the pretrial conference.
The parties must prepare, exchange, and bring to the pretrial conference a Trial Notebook containing the following: Live pleadings; Witness lists (with estimated time for examination and cross-examination of each); Exhibit lists (including copies of exhibits and any objections); Motions in Limine and objections; Deposition extracts and objections; and Proposed jury charges.
Document Type
Trial Notebook
Movant must confer person-to-person with opposing counsel and the certificate must confirm actual conversation or explain why not.
The movant must confer directly, person-to-person, with opposing counsel before the Court will consider any motion requiring a conference. Motions that do not include a certificate confirming that counsel has actually spoken with opposing counsel regarding the requested relief—or explaining why such a discussion has not occurred—will be passed.
Document Type
Motion
A certificate of conference is required on all motions, pleas, and special exceptions, with listed exceptions.
A certificate of conference is required on all motions (including discovery motions), pleas, and special exceptions except: · Motions for Summary Judgment; · Default Judgments; · Agreed Judgments; · Motions for Voluntary Dismissal or Non-Suit; · Post-Verdict Motions; and · Motions involving service of citation
Document Type
Motion
A certificate stating only that a letter or email was sent and no response received is not a proper certificate of conference.
A certificate of conference stating only that a letter or email was sent to opposing counsel and no response was received does not constitute a proper certificate of conference.
Document Type
Motion
A proposed Final Judgment must be filed before contacting the Clerk for a hearing date on a minor's settlement.
A proposed Final Judgment must be filed before contacting the Clerk to obtain a hearing date on the minor’s settlement.
Document Type
Proposed Order
A Non-Military Affidavit complying with the Soldiers and Sailors Relief Act must be submitted with the default judgment motion.
A Non-Military Affidavit that complies with recent amendments to the Soldiers and Sailors Relief Act must be submitted with the motion.
Document Type
Motion
Motions for default judgment seeking attorney's fees must include an affidavit addressing experience, work performed, time spent, and hourly rate.
When seeking attorney’s fees in a motion for default judgment, the movant must include an affidavit providing competent evidence to support the claim. At a minimum, the affidavit should address: (1) counsel’s experience; (2) the work performed in the case; (3) the time spent performing that work; and (4) the hourly rate charged.
Document Type
Motion
Guardian Ad Litem is required in settlements involving minor children, with agreed motion and proposed order for appointment.
A Guardian Ad Litem is required in all settlements involving minor children. The parties shall file an Agreed Motion for Appointment of Guardian Ad Litem and a proposed Order Appointing Guardian Ad Litem.
Document Type
Motion
Page and line designations and non-condensed transcript copy must be provided to Court Reporter before deposition testimony is offered.
Page and line designations for deposition testimony, along with a non-condensed copy of the transcript, must be provided to the Court Reporter before the testimony is offered.
Document Type
Exhibits
Exhibits must be clearly labeled without all capital letters and filed as separate documents.
Exhibits must be clearly labeled (without using all capital letters) and filed as separate documents.
Document Type
Exhibits
Before any hearing or trial, counsel must identify to the Court Reporter and provide business card, glossary, and case citations.
Before any hearing or trial, counsel must identify themselves to the Court Reporter and provide a business card reflecting their current address, telephone number, and State Bar number. Counsel shall also provide the reporter with (1) a glossary of names and technical terms expected to be used and (2) copies of any case citations that will be referenced.
Requirement
Document requirement
For Level 3 cases with special scheduling needs, parties must submit an agreed scheduling order for Court approval.
For Level 3 cases requiring special scheduling considerations—such as an extended discovery period or an abbreviated trial setting—the parties shall prepare and submit an agreed scheduling order for the Court’s approval.
Document Type
Proposed Order
Agreed or unopposed motions need not be set on the docket but must be clearly labeled 'Agreed' or 'Unopposed'.
Unless otherwise specified herein, agreed or unopposed motions are not required to be set on the oral hearing or submission docket. Such motions must be clearly labeled “Agreed” or “Unopposed.”
Document Type
Motion
If parties request or agree to a summer trial setting, they must waive conflicting vacation letters.
If the parties request or agree to a summer trial setting, they must also expressly waive any vacation letters that would conflict with that setting.
Document Type
Motion
Unpublished opinions must be cited with Westlaw citation; Lexis citations are not acceptable unless a copy is provided.
If citing an unpublished opinion, counsel shall provide the Westlaw citation. The Court does not use Lexis; Lexis citations are not acceptable unless a copy of the unpublished opinion is provided to the Court.
Document Type
Motion
Summary judgment evidence should be filed or attached contemporaneously with the motion or response.
Summary judgment evidence should be filed or attached contemporaneously with the motion or response rather than incorporated by reference to materials previously filed.
Document Type
Motion
Counsel must submit a proposed form of judgment for the Court's consideration in non-jury trials.
Counsel shall also submit a proposed form of judgment for the Court’s consideration.
Document Type
Proposed Order
Discovery motions and proposed orders must identify each discovery issue separately.
The motion and proposed order must identify each discovery issue separately. Proposed orders shall list each disputed request or objection individually, allowing the Court to grant or deny relief as to each item.
Document Type
Motion
If service was at a different address than on the citation, movant must file a Motion to Amend Citation with a proposed order.
If the defaulting party was served at an address different from the one listed on the citation, the movant must file a Motion to Amend Citation. This motion should request that the citation be amended to reflect the address where valid service was achieved and should include a proposed Order to Amend Citation.
Document Type
Motion
Multiple motions must not be combined into a single proposed order.
Do not combine multiple motions into a single proposed order.
Document Type
Proposed Order
If amending Docket Control Order with continuance, motion must expressly request it and proposed order state a new scheduling order will be entered.
If the parties seek to amend the Docket Control Order in addition to continuing the trial setting, the motion must expressly request such relief and the proposed order state that a new scheduling order will be entered. Alternatively, the parties may submit a proposed amended scheduling order for the Court’s consideration.
Document Type
Motion
For non-jury trials, counsel must prepare and exchange proposed Findings of Fact and Conclusions of Law and closing argument briefs.
Unless otherwise directed, the parties shall follow the Court’s jury trial procedures. In addition, counsel must prepare and exchange proposed Findings of Fact and Conclusions of Law, as well as any closing argument briefs, and provide copies to the Court.
Document Type
Proposed Findings Conclusions
Counsel must enter the full title of the pleading in the description field when submitting documents.
When submitting documents, counsel shall enter the full title of the pleading in the description field.
Document Type
Document
Motions for Severance should be set on submission docket with ten days' notice and must state basis; proposed order must include specified items.
Motions for Severance should be set on the submission docket, any Monday at 8:00 a.m. with ten days’ notice. The motion must state the basis for the severance. The proposed Order of Severance should include the following: The style of the severed case; The cause number; The parties to be included in the severed case; The pleadings to be severed into the new file; Whether the severance order disposes of the severed case or whether the severed case will remain active; and The party responsible for payment of court costs and severance fees.
Document Type
Motion
Longer or complex proposed orders may be required to be emailed in Word format, and a cover letter must state whether the order is agreed as to form.
In some instances, the Court may require that longer or more complex proposed orders be emailed to the Clerk in Word format. When submitting a proposed order, include a cover letter stating whether the order is agreed as to form.
Document Type
Proposed Order
For HOA defaults, only lien foreclosure provisions and property description from the deed need be submitted.
It is not necessary to submit the Association’s complete declarations. Only the lien foreclosure provisions are required for the Court’s review. Likewise, only the property description from the deed must be submitted for the Court’s consideration.
Document Type
Motion
Filing & Service rules
Electronic Filing Rules
All cases filed in the 133rd Civil District Court must be electronically filed.
In accordance with the Local Rules of the Harris County District Courts, all cases filed in the 133rd Civil District Court must be electronically filed.
Page 1 | MANDATORY ELECTRONIC FILING
Filing Timing and Cure Windows
Responsive pleadings must be filed by 4:00 p.m. on the last business day before the hearing; late responses will not be considered.
Any responsive pleading must be filed by 4:00 p.m. on the last business day before the hearing. Late-filed responses will not be considered.
Page 1 | Oral Hearings
Submission docket is Mondays at 8:00 a.m.; most motions require ten days' notice and a Notice of Submission identifying each motion.
The submission docket is held on Mondays at 8:00 a.m. Most motions require ten (10) days’ notice. A party setting a matter on the submission docket shall file a Notice of Submission identifying the exact title of each motion and serve all counsel and self-represented parties.
Page 1 | Submission Docket
If a final judgment or dispositive filing is not submitted within 14 days after settlement notification, the case may be dismissed for want of prosecution.
A plaintiff who announces settlement without an enforceable Rule 11 agreement does so at their own risk. If a final judgment or other dispositive filing is not submitted within fourteen (14) days after the Court is notified of the settlement, the case may be dismissed for want of prosecution. The Court may extend this deadline if appropriate.
Page 1 | Settlement Announcements
Parties must exchange motions in limine, exhibit lists, witness lists, and deposition excerpts at least one week before trial.
The parties are expected to exchange motions in limine, exhibit lists, witness lists, and deposition excerpts no later than one week before trial.
Page 1 | Pretrial Orders/Matters
Motions to exclude or challenge expert testimony must be filed and set for hearing at least 30 days before trial.
Any motion to exclude or otherwise challenge expert testimony must be filed and set for hearing at least thirty (30) days before trial.
Page 1 | Expert Challenges
Requests for daily transcript copy must be made at least one week before trial and opposing counsel notified.
Requests for daily copy must be made at least one week before trial, and opposing counsel must be notified of the request.
Page 1 | COURT RECORDS/TRANSCRIPTS/EXHIBITS
Service and Proof of Service Rules
Movant must provide 10 days' notice of default judgment hearing and motion via regular and certified mail, with certificate of service.
The Court requires the movant to provide defaulting parties, as well as any other parties who have appeared in the case, with 10 days’ notice of the hearing and the default motion. Notice must be sent via regular and certified mail, and the movant must certify this action in a certificate of service.
Page 1 | Motions for Default Judgment
After a hearing date is assigned, the requesting party must file and serve a Notice of Oral Hearing stating the exact title of each motion.
Once a hearing date is assigned, the requesting party must file a Notice of Oral Hearing and serve it on all counsel and self-represented litigants. The notice must state the exact title of each motion to be heard.
Page 1 | Oral Hearings
Courtesy Copy Requirements
Courtesy copy required for pleadings over 20 pages or with over 50 pages of exhibits, with written notice to all parties and identical copies if markings exist.
Parties filing pleadings exceeding 20 pages or containing more than 50 pages of exhibits must provide the Court with a courtesy copy of the filing and exhibits. Written notice must also be provided to all parties identifying the specific documents delivered to the Court. If a courtesy copy contains highlighting or other markings, the submitting party must provide all other parties with an identical copy of what was provided to the Court.
Page 1 | Courtesy Copies
Courtesy copy must include proposed order, latest live pleading and answer, current Docket Control Order, and any unpublished legal authority cited.
The courtesy copy must also include a copy of the proposed order, the latest live pleading and answer, the current Docket Control Order, and any unpublished legal authority cited in the filing—particularly if the authority is available only through Lexis.
Page 1 | Courtesy Copies
Footnotes are permitted; if a motion contains hyperlinks, counsel may provide a courtesy copy on a USB thumb drive.
Footnotes are permitted in filings. If a motion contains hyperlinks, counsel may provide a courtesy copy of the motion on a USB thumb drive with any required courtesy copies.
Page 1 | Citations and Hyperlinks
Sealing & Redaction Procedures
Redactions must be completed before exhibit is offered; if redacted after admission, re-mark as 'A' exhibit and retain original.
All redactions must be completed before an exhibit is offered. If an exhibit is redacted after admission, it shall be re-marked as an “A” exhibit, and the original unredacted version shall be retained by the Court Reporter for the record.
Page 1 | COURT RECORDS/TRANSCRIPTS/EXHIBITS
Pre-Motion Conference Requirements
Passing a summary judgment motion is not permitted; a party must proceed or withdraw it.
Passing a motion for summary judgment is not permitted under Rule 166a, as amended. A party must either proceed on the motion or withdraw it. Any request to reset the hearing or submission must strictly comply with Rule 166a and will be granted only if authorized by the rule.
Page 1 | Summary Judgment Settings: Submission and Oral Hearings
Motions to withdraw as counsel must be set for oral hearing unless they strictly comply with TRCP 10 and are signed by all parties and attorneys.
All motions to withdraw as counsel must be set on the Court’s oral hearing docket unless the motion strictly complies with Texas Rule of Civil Procedure 10 and is signed by all parties and all attorneys of record. Contested motions to withdraw must be set for oral hearing in all circumstances and will be granted only when absolutely necessary.
Page 1 | Motions to Withdraw as Counsel
All motions to compel and discovery-related motions must be set on the oral hearing docket.
All motions to compel, and any motion related to discovery disputes, must be set on the oral hearing docket.
Page 1 | Discovery Disputes
Default judgments for unliquidated damages require an oral hearing; liquidated damages may be set on submission docket.
Default judgments seeking unliquidated damages require an oral hearing. Contact the Clerk to set the hearing after filing the motion. Default judgments seeking liquidated damages may be set on the submission docket.
Page 1 | Motions for Default Judgment
HOA default judgments based on unpaid assessments or deed restriction violations must be set for oral hearing.
Motions for Default Judgment based on unpaid assessments or deed restriction violations must be set for oral hearing. A board member or property manager is not required to attend the hearing.
Page 1 | Special Note Regarding Homeowners’ Association Defaults
To obtain an oral hearing (except summary judgment), contact the Clerk with an estimated time and Court Reporter indication.
Except for requests for oral hearings on summary judgment motions, a party seeking an oral hearing must contact the Clerk to obtain a hearing date. The party must provide an estimated time for the hearing and indicate whether a Court Reporter is required. No motion will be set for oral hearing without a time estimate.
Page 1 | Oral Hearings
No-Evidence Motion for Summary Judgment filed before adequate discovery time will likely be denied without prejudice.
Any No-Evidence Motion for Summary Judgment filed before an adequate time for discovery has elapsed will likely be DENIED without prejudice.
Page 1 | Motions for Summary Judgment: Rule 166a
To amend Docket Control Order deadlines (except joinder, pretrial conference, or trial setting), parties may use Rule 11 agreement or motion for leave.
To amend any deadline contained in the Docket Control Order (other than joinder, pretrial conference, or trial setting), the parties may proceed by Rule 11 agreement or by filing a motion for leave of court.
Page 1 | Trial Settings
A request for oral hearing on a submission docket motion must be in writing and is not a substitute for a response or continuance.
A request for oral hearing is not a substitute for a response or a motion to continue. Any party seeking an oral hearing on a motion set on the submission docket must file a written request. The Clerk will provide a hearing date, and the requesting party must give notice of the hearing to all parties.
Page 1 | Submission Docket
Sanctions should not be requested absent a violation of a prior court order; otherwise seek reimbursement of costs.
Sanctions should not be requested absent a violation of a prior court order. In other circumstances, counsel should seek reimbursement of reasonable costs rather than sanctions.
Page 1 | Motions for Sanctions
Motions for substituted service are placed on the submission docket without notice of submission.
Motions for substituted service will be placed on the submission docket; no notice of submission is required.
Page 1 | Rule 106 Motions for Substitute Service
Motions for substitution may be set on the submission docket.
Motions for substitution may be set on the Court’s submission docket.
Page 1 | Motions to Withdraw as Counsel
Mediation is not required in every case but may be ordered case-by-case.
The Court does not require mediation in every case. However, the Court may order mediation on a case-by-case basis.
Page 1 | MEDIATION
Adjournment & Extension Requirements
Continuances after the first reset require substantial need and must be set for oral hearing; counsel must confer with Court Coordinator first.
Any request for a continuance after the first reset must demonstrate a substantial need to delay the trial setting and must be set for oral hearing, regardless of whether the motion is agreed or opposed. Before filing such a motion, counsel must confer with the Court Coordinator regarding the Court’s procedures.
Page 1 | TRIAL CONTINUANCES
First continuance may be granted for good cause or agreement if filed sufficiently in advance; proposed order must include blank for new trial date.
A first continuance may be granted for good cause or upon agreement of the parties, provided the motion is filed sufficiently in advance of the trial setting. If agreed, a hearing is not required unless, upon review of the motion, the Court determines that one is necessary. The proposed order shall include a blank for the Court to insert the new trial date.
Page 1 | TRIAL CONTINUANCES
Chambers Communication Rules
Email or phone call to the Clerk is insufficient to withdraw a summary judgment motion; failure to comply results in denial.
An email to, or telephone call with, the Clerk advising of an intent to withdraw the motion is insufficient and does not constitute withdrawal or compliance with Rule 166a. Failure to comply with Rule 166a will result in the motion being denied.
Page 1 | Summary Judgment Settings: Submission and Oral Hearings
Before a temporary injunction hearing, counsel must contact the Clerk to confirm service, readiness, estimated length, and number of witnesses.
Before the hearing, counsel must contact the Clerk to confirm that all necessary parties have been served, that the matter is ready to proceed, the estimated length of the hearing, and the number of witnesses expected to testify.
Page 1 | TEMPORARY INJUNCTIONS
If a hearing is passed, counsel must promptly notify the Clerk at 832-927-2480 and all parties.
If a hearing is passed, counsel must promptly notify the Clerk at 832-927-2480 and all parties.
Page 1 | Oral Hearings
Telephonic appearances require prior Court approval; counsel must contact the Clerk with specific reasons.
Telephonic appearances in contested matters are strongly discouraged. Permission to appear by telephone must be obtained in advance from the Court. To request approval, counsel must contact the Clerk and provide specific reasons demonstrating why a telephonic appearance is necessary. Absent prior approval, the matter will proceed in person.
Page 1 | Telephonic Appearances
All Zoom appearances require prior Court approval.
All appearances by Zoom require prior approval from the Court.
Page 1 | Zoom Appearances
The Court Reporter may be contacted at Marilee_Anderson@justex.net.
The Court Reporter may be contacted at Marilee_Anderson@justex.net
Page 1 | COURT RECORDS/TRANSCRIPTS/EXHIBITS
Counsel are encouraged to use ELMO and test courtroom technology in advance; they are responsible for equipment compatibility.
Counsel are encouraged to use the ELMO to publish exhibits to the jury. Counsel are responsible for ensuring that all equipment is compatible and fully functional. If unfamiliar with the courtroom technology, counsel may coordinate with the Court Coordinator in advance of trial to access the courtroom and test their equipment and presentation setup and are strongly encouraged to do so before the day of trial.
Page 1 | COURTROOM AUDIO/VISUAL EQUIPMENT