Judge Sonya L. Aston
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
All filings
- Hand Delivery • Only If Necessary
Proposed Findings Conclusions
Adjournments
- When passing (adjourning) a hearing, call the court clerk and all parties as soon as possible.
- All continuance or reset motions, whether agreed, unopposed or opposed, must state which number continuance is being filed (e.g., 'Plaintiff's First').
- All continuance or reset motions must state which number continuance is being filed (e.g., 'Plaintiff's First' or 'Defendant's Second').
Request must include
Communication
Phone
Clerk
Phone
Clerk
Phone
Phone
Clerk
Phone
Chambers
Clerk
Document Format Requirements12 rules
All motions and proposed orders must be double spaced.
All Motions and Proposed Orders MUST be double spaced.
All oral hearings are in-person only.
All Oral hearings are In-Person ONLY.
All hearings are held in person.
All hearings are held in person
Motions for summary judgment must be heard by submission only.
Motions for Summary Judgment are to be heard by Submission ONLY.
Pleas to the jurisdiction and Rule 91A motions must be heard on the oral docket only.
Pleas to the Jurisdictions and 91A Motions are to be heard on the Oral Docket ONLY.
Exhibits must be marked with red stickers for plaintiff and blue stickers for defendant, using numbers only; parties provide their own stickers, with limited emergency stickers from the court reporter.
Plaintiff's exhibits are to be marked with red "Plaintiff's Exhibit" stickers. Defendant's exhibits are to be marked with blue "Defendant's Exhibit" stickers. Use only numbers when marking exhibits instead of letters. Parties should provide their own. In an emergency, a limited number of exhibit stickers may be obtained from the court reporter.
Exhibits filed with the Court must be indexed.
Please index your exhibits.
Multi-page exhibits must be stapled, bound, and/or assembled so they can be accurately preserved.
Exhibits with multiple pages should be stapled, bound and/or assembled so that they may be accurately preserved.
When assigned to trial, parties should email their proposed jury charge to the court in Microsoft Word format.
Only when actually assigned to trial, the parties should make arrangements with the Trial Coordinator to e-mail their proposed charge to the court in Microsoft Word format so that the court may compile the court’s charge as the trial proceeds.
Courtesy copies of proposed Findings of Fact and Conclusions of Law must be submitted in Microsoft Word format.
Courtesy copies should be filed via e-mail to the Trial Coordinator in Microsoft Word format.
For oversized exhibits, identify an 8.5 x 11 inch copy as the exhibit.
For over-sized exhibits, identify an 8.5 x 11 sized copy as an exhibit.
Video deposition excerpts must be prepared before trial, kept as short as possible, and edited to remove long pauses between questions and answers.
Prepare video deposition excerpts prior to trial, keeping the length as short as possible. Further, please edit the video depositions to remove long pauses between questions and answers, etc.
Document Filing Requirements38 rules
Motions must include certificates of conference that explicitly describe the party's efforts to resolve the motion with all other parties before filing.
Motions must have certificates of conference as required by the Texas Rules of Civil Procedure and our local rules. All certificates of conference must be explicit as to the party's efforts to resolve the motion with all other parties/counsel prior to filing.
Document Type
Motion
Trial or pretrial continuance motions must be accompanied by an appropriate affidavit unless agreed, and should be filed early.
Motions for trial or pretrial deadline continuances MUST to be accompanied by an appropriate affidavit, unless they are agreed. Continuance motions should be filed early.
Document Type
Trial Or Pretrial Continuance Motion
Motions and proposed orders to withdraw as attorney must show notice to the client with evidence of mailing, client consent status, client contact information, notice of the client's right to object, and reasonable efforts to find substitute counsel.
All motions AND proposed orders to withdraw as attorney of record MUST contain the following: An indication that the motion to withdraw and notice of the hearing or notice of submission was provided to the client, including evidence of mailing the motion to the client; An indication of whether or not the client consents to the motion; The last known mailing address, email, phone and fax number of client; and Notice to client that client has the right to appear at the hearing to object to the motion or file a response prior to the submission of the motion; Please make reasonable efforts to find substitute counsel in the appropriate case so that the client's interests are protected;
Document Type
Motion To Withdraw As Attorney
Discovery motions and discovery hearing requests must contain a certificate that a reasonable effort to resolve the dispute was made and failed (TRCP 191.2).
All discovery motions or requests for hearings relating to discovery must contain a certificate by the party filing the motion or request that a reasonable effort has been made to resolve the dispute without the necessity of Court intervention and the effort failed.
Document Type
Discovery Motion
Motions to withdraw as attorney of record require a certificate of conference.
These motions DO require a certificate of conference, as opposing counsel has a right to be heard on these motions.
Document Type
Motion To Withdraw As Attorney
Final orders must expressly state that they dispose of all claims and all parties and are intended to be final and appealable.
Final orders MUST state that the order disposes of all claims and all parties and is intended to be a final, appealable order.
Document Type
Final Order
Default judgment motions must include a non-military affidavit obtained from the DMDC Military Verification service.
Please submit the proper non-military affidavit by visiting the Defense Manpower Data Center's (DMDC) Military Verification service at https://scra.dmdc.osd.mil.
Document Type
Default Judgment Motion
Rule 106 substitute service motions must include an affidavit showing address verification efforts, at least 6 service attempts (2 before 7:30 AM and 2 after 6:00 PM), persons present and what was said, and a printout confirming residence.
All motions for substituted service under Rule 106 must be accompanied by an affidavit that includes the following information: Efforts taken to verify that defendant actually lives or works at the subject address; Each attempt at service, with date(s) and time(s)A total of 6 attempts. Must have at least 2 before 7:30 AM and 2 after 6:00 PM. Identity of persons who were present at the subject address and what was said; and A printout of some public record or Public Data.com or similar online database confirming that the person to be served actually resides at the address at which service is being attempted.
Document Type
Rule 106 Substitute Service Motion
Certificates of conference are required for all motions, pleas, and special exceptions except summary judgments, default judgments, agreed judgments, voluntary dismissals/non-suits, post-verdict motions, and motions involving service of citation.
The certificates of conference required by the TRCP are extended to all motions, pleas and special exceptions except summary judgments, default judgments, agreed judgments, motions for voluntary dismissal or non-suit, post-verdict motions and motions involving service of citation.
Document Type
Motion
Every motion or document asking the Court for relief must include a certificate of service, a certificate of conference (as required by TRCP), and a proposed order.
File your motion or other document with a certificate of service, (include certificate of conference as required by the TRCP) and a proposed order each time you ask the Court to grant or deny relief.
Document Type
Motion Or Other Document Requesting Relief
Severance motions and orders must include the new case number/court/case type/style, reference to parties, list of pleadings to be severed with document details, attorney information for costs, and whether the severed case is interlocutory or final and appealable.
All motions AND orders for severance MUST contain the following: New case number, court number, case type and new style name; Reference the parties in the new suit; List of original pleadings to be severed out and transferred to the new case (together with a listing of the document type, activity date for the document, number of pages and image number); Indicate attorney name, address and bar number to whom costs for the severance are to be assessed; and Indicate the severance case's status, and whether the new case file is interlocutory (not a final appealable matter) or whether severance will cause the newly severed matter to be final and appealable upon severance.
Document Type
Severance Motion And Order
Default judgment motions and proposed judgments must state whether the judgment is final or interlocutory.
Please make clear in your motion and proposed judgment whether the judgment will be final (disposing of all claims and all parties) or interlocutory (partial).
Document Type
Default Judgment Motion And Proposed Judgment
Any exhibit related to a witness's criminal conviction must be shared with opposing counsel no later than the Docket Call.
Any exhibit related to a criminal conviction of any witness MUST be shared with opposing counsel NO LATER than Docket Call.
Document Type
Exhibits
Parties must exchange proposed jury charges, motions in limine, exhibit lists, exhibits, party/attorney lists, witness lists, and deposition excerpts before the Docket Call.
The Court requires the parties to actually exchange proposed Jury Charges, Motions in Limine, Exhibit Lists, actual exhibits, party/attorney lists, Witness Lists, and deposition excerpts BEFORE the Docket Call.
Document Type
Pretrial Package
Drafts of proposed jury charges should be exchanged prior to the docket call date.
Drafts of proposed jury charges should be exchanged PRIOR to the docket call date.
Document Type
Proposed Jury Charges
In non-jury trials, proposed Findings of Fact and Conclusions of Law must be filed before trial.
In a non-jury trial, proposed Findings of Fact and Conclusions of Law MUST be filed prior to trial to enable the court to follow along during trial.
Document Type
Proposed Findings Conclusions
If only one side believes the matter is an emergency, that party must file a motion for an emergency hearing.
If only one side thinks it is an emergency, file a motion for emergency hearing.
Document Type
Motion
Non-suits, dismissals, and judgments must be titled interlocutory or final, and interlocutory orders must list which parties and claims are dismissed and which remain.
All non-suits, dismissals and judgments should be titled as interlocutory or final. Interlocutory orders should expressly list which parties and claims are being dismissed and which remain (if any).
Document Type
Non Suit Dismissal Or Judgment
Certificates of conference must summarize reasonable efforts to confer; merely sending a motion, e-mail, or phone message does not constitute a conference.
Please summarize your reasonable efforts in your certificate. Note: sending a copy of a motion, without more, is not a conference. Sending an e-mail or leaving a telephone message, without more, is not a conference. If opposing counsel refuses to return numerous phone calls or other messages, describe your efforts to confer in your certificate of conference.
Document Type
Certificate Of Conference
Agreed or unopposed motions need not be placed on the hearing or submission docket and must be titled as agreed or unopposed.
Agreed or unopposed motions do not have to be placed on the court's oral hearing or submission docket. All unopposed or agreed motions should be titled as such.
Document Type
Agreed Or Unopposed Motion
Dismissals or nonsuits involving a minor's claim must inform the Court whether the minor is receiving a settlement so it can determine whether a guardian ad litem is needed.
If you are seeking to dismiss or nonsuit a minor's claim, the Court will want to know whether the minor is receiving a settlement to determine whether a guardian ad litem should be appointed.
Document Type
Minor Nonsuit Or Dismissal
Non-suit motions, notices, and orders must expressly state they are filed pursuant to Rule 162 of the Texas Rules of Civil Procedure.
Motions and notices of non-suit as well as orders of non-suit should expressly state that they are being filed pursuant to Rule 162 of the Texas Rules of Civil Procedure.
Document Type
Non Suit Motion Notice Or Order
Accurate exhibit lists must be furnished to the judge and the court reporter.
Accurate exhibit lists should be furnished to Judge Hughes and to the court reporter.
Document Type
Exhibit List
Deposition page/line designations and a non-condensed transcript copy must be furnished to the court reporter before the deposition is offered.
Page/line designations of deposition testimony, along with a non-condensed copy of the transcript, are to be furnished to the court reporter prior to the offer.
Document Type
Deposition Designation
Agreed motions and orders must include signature blocks for all agreeing parties and state 'AGREED AS TO SUBSTANCE AND FORM AND ENTRY REQUESTED.'
If a motion is actually agreed, the motion and order should contain signature blocks for all parties that are agreed to the relief requested, and should state "AGREED AS TO SUBSTANCE AND FORM AND ENTRY REQUESTED."
Document Type
Agreed Motion And Order
If the other side could not be reached before filing, the certificate of conference must describe the efforts to communicate and must be supplemented as soon as the parties actually confer.
If a party was unable to reach the other side prior to filing the motion, the certificate should state the efforts to communicate with that party, and should always be supplemented as soon as possible after the parties have actually confered. If the court does not see a supplemented certificate in such circumstances, please expect a call asking for one.
Document Type
Certificate Of Conference
Rule 106 motions must be accompanied by the court's form order.
Any Rule 106 Motion should be accompanied by the court's form order.
Document Type
Rule 106 Motion
Any exhibit that is offered, even if not admitted, must be tendered to the court reporter.
Once an exhibit is offered (even if not admitted), it must be tendered to the court reporter.
Document Type
Exhibit
After scheduling a hearing date with the clerk, parties must file a notice of oral hearing or, if applicable, a notice of written submission.
Once you have scheduled any hearing date with the court clerk, follow up with a notice of oral hearing or (if applicable) notice of written submission.
Document Type
Notice Of Oral Hearing
Motions in limine should be narrowly tailored to the case's issues and narrowed by agreement with opposing counsel or pro se parties.
Please work diligently to hone your Motion in Limine to the issues in the case rather than a boilerplate “everything but the kitchen sink” motion. Then work with opposing counsel or pro se parties to narrow those issues by agreement.
Document Type
Motion In Limine
For unresolved 'form' objections in deposition transcripts, the party seeking to overrule the objection should file a motion for a ruling.
Separately, if there are “form” objections in the deposition transcript that cannot be agreed upon, the party seeking to overrule the objection should file a motion for a ruling on these objections.
Document Type
Motion
If a case is not appropriate for mediation, file an objection to mediation as soon as practicable and place it on the submission docket; agreed objections are almost always granted, while opposed motions may lead to an oral hearing.
If you believe that your case is definitely not appropriate for mediation, file an objection to mediation as soon as practicable and put it on the submission docket. An agreed motion objecting to mediation will almost always be granted. An opposed motion may possibly cause the court to set the matter for oral hearing.
Document Type
Objection To Mediation
Deposition excerpts for any witness expected to testify by deposition must be provided to opposing counsel before the Docket Call, and opposing counsel must promptly advise of any objections.
Provide to opposing counsel deposition excerpts for any witness anticipated to testify by deposition PRIOR to the docket call. Opposing counsel must promptly advise of any objections.
Document Type
Deposition Excerpts
The standard docket control order requires the parties to complete ADR.
The court’s standard docket control order requires the parties to complete ADR.
Requirement
Document requirement
Attorneys seeking inclusion on the Court's guardian ad litem list must submit a written request with a complete resume detailing civil trial experience and confirm that professional liability coverage is in effect and will remain current.
Those wishing to be included in the Court's list must submit a written request with a complete resume that details the nature of the applicant's experience as a civil trial practitioner. Special capabilities, such as fluency in languages other than English, background in finance, and the like, also should be listed. Applicants also must confirm that professional liability coverage is in effect and will remain current.
Document Type
Application For List Inclusion
Ad litems and other court appointees must complete the Texas Supreme Court form disclosing their fee amounts and who pays them.
The Texas Supreme Court has created a new form for ad litems (of all types) and other appointees to fill out regarding the amounts of their fees and by whom they are paid.
Document Type
Ad Litem Fee Form
Counsel should work together to prepare a joint jury questionnaire that is as brief as possible.
Please work together to prepare a joint questionnaire that is as brief as possible.
Document Type
Jury Questionnaire
Parties should eliminate duplicate exhibits by agreement when possible.
Please eliminate duplicate exhibits if possible by agreement.
Document Type
Exhibits
Filing & Service rules
Electronic Filing Rules
All documents must be filed electronically through efiletexas.gov except as permitted by the Texas Supreme Court's e-filing rules.
All documents shall be filed electronically through efiletexas.gov except as permitted by the Texas Supreme Court's e-filing rules effective January 1, 2014.
Page 1 | FILINGS AND COURTESY COPIES
It is preferable to file documents electronically for emergency filings; if time is short and e-filing is impractical, contact the court clerk for instructions.
If time is short and e-filing is impractical, please contact our court clerk for further instructions. Keep in mind that processing times for e-filing have shortened a great deal lately, so it is preferable to file your documents electronically and then bring the filing to the clerk's attention.
Page 1 | Emergency Hearings
Filing Timing and Cure Windows
Submission docket filings are due Mondays at 8:00 AM with proper notice.
Submissions are Mondays at 8:00 AM with proper notice.
Page 1 | Law Day/Submission Dockets
Daubert motions must be filed and set for hearing well in advance of trial; motions filed after the docket control order deadline will not be considered without leave showing exceptionally good cause.
All motions to exclude experts should be filed AND set for hearing WELL IN ADVANCE OF TRIAL. The court will NOT consider such motions filed after the deadline in the docket control order without a motion for leave demonstrating exceptionally good cause. The court is not likely to consider such a motion on the eve, or morning, of trial.
Page 1 | MOTIONS - Daubert Motions
If deposition objections remain, the party seeking to exclude the testimony should file a motion to rule on the objections as soon as possible so the court can rule before Voir Dire.
If objections remain, then the party seeking to exclude the testimony should file a motion to rule on the objections as soon as possible so that the court can promptly rule on the objections prior to Voir Dire.
Page 1 | B) Depositions
Unagreed jury questionnaire questions must be presented to Judge Aston by submission or oral hearing prior to the docket call.
If there are any questions not agreed on, present the questions to Judge Aston by submission or oral hearing PRIOR to the docket call.
Page 1 | G) Voir Dire
Proposed findings and conclusions may be revised and filed after trial as allowed by the TRCP.
These proposed findings and conclusions may, of course, be revised and filed subsequent to the trial as allowed by the TRCP.
Page 1 | E) Findings of Fact/Conclusions of Law
Service and Proof of Service Rules
Every pleading filed must be served on the opposing attorney or party.
You must send a copy of every pleading you file with the court to the opposing attorney, or party (if they do not have an attorney).
Page 1 | Information For Self-Represented Litigants
If an emergency hearing is granted, the movant must provide proper notice of the hearing to all parties.
If an emergency hearing is granted, the movant is responsible for providing proper notice of the hearing to all parties.
Page 1 | Emergency Hearings
Courtesy Copy Requirements
The Court does not accept paper or e-mailed courtesy copies; parties should e-file and call the Court to flag the document, bringing a paper copy only if a courtesy copy is truly necessary.
The Court no longer accepts paper courtesy copies or e-mails of courtesy copies. Instead, if a party wishes to bring a particular filing to the Court's attention, the party may (1) file the document electronically with the clerk's office as it normally does and then (2) call the Court to bring the document to the Court's attention, and ask the Court to view and consider the document that is already in the Court's electronic file system. If a courtesy copy is necessary, please bring a paper copy.
Page 1 | FILINGS AND COURTESY COPIES
Courtesy copies of proposed Findings of Fact and Conclusions of Law should be emailed to the Trial Coordinator in Microsoft Word format.
Courtesy copies should be filed via e-mail to the Trial Coordinator in Microsoft Word format.
Page 1 | E) Findings of Fact/Conclusions of Law
Sealing & Redaction Procedures
Exhibit redactions must be made before the exhibit is offered; exhibits redacted after admission are marked as 'A' exhibits with the unredacted original kept by the court reporter.
Redactions should be made prior to the exhibit being offered. Exhibits redacted after the exhibit is admitted (subject to redaction or without initial objection) are to be marked as an "A" exhibit and the original, unredacted exhibit is kept by the court reporter for the record.
Page 1 | COURT DECORUM
Pre-Motion Conference Requirements
Before an emergency hearing, parties must consult with each other, preferably lead attorney to opposing lead attorney.
Parties must consult with each other about the matter (preferably lead attorney on the case to opposing lead attorney on the case).
Page 1 | Emergency Hearings
Adjournment & Extension Requirements
All continuance or reset motions must state which number continuance is being filed (e.g., 'Plaintiff's First' or 'Defendant's Second').
ALL continuance or reset motions (whether agreed, unopposed or opposed) MUST state what number continuance motion is being filed (i.e. "Plaintiff's First" or "Defendant's Second" or "Third Agreed Motion," etc.).
Page 1 | MOTIONS - Trial Continuances
All continuance or reset motions, whether agreed, unopposed or opposed, must state which number continuance is being filed (e.g., 'Plaintiff's First').
In addition, ALL continuance or reset motions (whether agreed, unopposed or opposed) MUST state what number continuance motion is being filed (i.e. "Plaintiff's First" or "Defendant's Second" or "Third Agreed Motion," etc.).
Page 1 | AGREED AND UNOPPOSED MOTIONS
When passing (adjourning) a hearing, call the court clerk and all parties as soon as possible.
When passing a hearing, call the court clerk and all parties as soon as possible.
Page 1 | Law Day/Submission Dockets
Chambers Communication Rules
Self-represented litigants must not communicate privately with the judge; ex parte communications are returned unread and the other side is notified.
Do not attempt to communicate privately with the judge. The term “communication” includes contact by means of phone calls, letters, voice mail messages, faxes, e-mail messages, and direct conversations. You may communicate with the judge if all parties and their attorneys (if they are represented) are present. Any such unilateral contact is called “ex parte” communication and the district judge will not considered it for any information or argument offered in such a manner for any purpose. The court will return an ex parte communication to you unread and notify the other side of the communication. Prohibited communications do not include formal pleadings, motions, and request for relief filed with the clerk.
Page 1 | Information For Self-Represented Litigants
If both sides agree to an emergency hearing, call the court clerk to set up a conference by phone or in person with Judge Aston.
If both sides agree to an emergency hearing, call the court clerk to set up a conference, by phone, or in person with Judge Aston.
Page 1 | Emergency Hearings
Unopposed or non-agreed motions are set on the Monday oral hearing docket; call the clerk at 832-927-2680 to set a hearing and do not request a hearing within the motion itself.
All motions that are unopposed or not agreed to are set on the Court's Monday oral hearing docket. Please call the clerk at 832-927-2680 to set a hearing. Please do not request a hearing in your motion.
Page 1 | Law Day/Submission Dockets
Notify the court coordinator 30 days before trial if a jury questionnaire will be used.
If you are going to use a jury questionnaire, let the court coordinator know 30 days before trial.
Page 1 | G) Voir Dire
Request a jury panel larger than 60 by advising the Trial Coordinator at least 45 days before trial.
If you need a panel larger than 60, please advise the Trial Coordinator at least 45 days before trial so that we may reserve the ceremonial courtroom.
Page 1 | F) Jury Panel
Contact the Court Clerk at 832-927-2680 for inquiries about hearings, signed orders, or rulings.
For inquiries about hearings, signed orders, or rulings, please contact the Court Clerk at 832-927-2680.
Page 1 | General Inquiries
Contact the Court Coordinator at 832-927-2698 for inquiries about trial settings, docket call, DWOP docket, and docket control orders.
For inquiries about trial settings, docket call, DWOP docket, and docket control orders, please contact the Court Coordinator at 832-927-2698.
Page 1 | General Inquiries
Parties may call the clerk to follow up on unopposed motions, default judgment requests, or expedited foreclosures after filing supplemental evidence.
In certain situations, the Court will ask you to supplement your unopposed motion or request for default judgment or expedited foreclosure with additional evidence. It is not always immediately brought to the Court's attention when you have filed that additional evidence. Feel free to call the clerk to follow up on your motion.
Page 1 | AGREED AND UNOPPOSED MOTIONS
To bring a filing to the Court's attention, e-file it with the clerk and then call the Court asking it to view the document already in the electronic file system.
Instead, if a party wishes to bring a particular filing to the Court's attention, the party may (1) file the document electronically with the clerk's office as it normally does and then (2) call the Court to bring the document to the Court's attention, and ask the Court to view and consider the document that is already in the Court's electronic file system.
Page 1 | FILINGS AND COURTESY COPIES
Transcript arrangements may be made directly with the court reporter; daily copy requests require one week advance notice before hearing or trial and notice to the other side.
Arrangements for acquiring testimony after a hearing or during a trial may be made directly with the court reporter. Please advise the court reporter a week before a hearing or trial if a daily copy is required. You must notify the other side of your request. You may reach the court reporter at donna_king@justex.net or call 832-927-2677.
Page 1 | COURT DECORUM
The Trial Coordinator conducts the Docket Call by email (or telephone if necessary) on the Friday 10 days before the two-week Trial Docket begins.
The Trial Coordinator usually conducts the Docket Call by email and if necessary by telephone the Friday that is 10 days before the beginning of the two-week Trial Docket.
Page 1 | A) Pretrial Orders/Exhibits/Motions in Limine
Request a jury panel of more than 40 jurors by notifying the Trial Coordinator at the trial docket call.
If you need a panel of more than 40 jurors, please let the Trial Coordinator know at trial docket call.
Page 1 | F) Jury Panel
Parties should arrange with the Trial Coordinator to email their proposed jury charge to the court when assigned to trial.
Only when actually assigned to trial, the parties should make arrangements with the Trial Coordinator to e-mail their proposed charge to the court in Microsoft Word format so that the court may compile the court’s charge as the trial proceeds.
Page 1 | D) Court’s Charge