Harris County District Courts Document Filing Requirements

WARNINGCivil cases

Applies to

Non suit motion notice or order

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.

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.

WARNINGCivil cases

Applies to

Motion or notice to dismiss minor claim

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.

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.

WARNINGCivil cases

Applies to

Rule 106 motion

Must include

proposed order

Any Rule 106 Motion should be accompanied by this form proposed order. Failure to do so may delay the court’s granting of an otherwise proper motion.

Any Rule 106 Motion should be accompanied by this form proposed order. Failure to do so may delay the court’s granting of an otherwise proper motion.

WARNINGCivil cases

Applies to

Jury questionnaire

The parties should work together to prepare a brief joint jury questionnaire.

Please work together to prepare a joint questionnaire that is as brief as possible.

WARNINGCivil cases

Applies to

Motion for ruling on deposition objections

If the parties cannot agree on form objections in a deposition transcript, the party seeking to overrule them 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.

WARNING

Applies to

Exhibits

For property divisions involving marital estates with numerous assets or debts, the exhibits must include an editable file containing the party’s proposed division.

b. For property divisions involving marital estates with numerous assets or debts, include with the exhibits an editable file (i.e., .xls) containing the party’s proposed property division.

WARNING

Applies to

Exhibits

The exhibit-submission email must identify the cause number, party, and proceeding date in its subject line and must not use the account-required collaboration share feature.

a. Create and email a file share link using your cloud storage service to the designated exhibit email listed on the court’s website. The subject line of the email shall state the full cause number, your party identification, and the date of the court proceeding. Do not use the share feature intended for collaboration that requires an account with that service.

WARNING

Applies to

Exhibits

A rebuttal or impeachment exhibit not exchanged before the hearing must respond to a matter raised by the other side.

Rebuttal or impeachment exhibits that were not exchanged before the hearing must be responsive to a matter raised by the other side.

WARNING

Applies to

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.

WARNING

Applies to

Certificate of conference

Vague statements about unreturned calls or unanswered letters do not satisfy the certificate of conference requirement.

The Court does not consider the following statements, or the like, to comply with the Rule: “Sent a letter…did not get a response” “Left a message…don’t know if the other side agrees or disagrees.” “The other side won’t return my phone calls.” “I have attempted to resolve this matter by agreement but was unable to do so.”

WARNING

Applies to

Certificate of conference

Certificates of conference must detail the movant's resolution efforts, describe attempts to communicate when opposing counsel could not be reached, and be supplemented after actual conferrence.

The certificate of conference should include a detailed statement of the movant's efforts to resolve the issues in the motion with opposing counsel/party prior to filing the motion. 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 conferred and before the hearing on the motion.

WARNING

Applies to

Corporate withdrawal notice

For withdrawing from a corporate client, the notice must state the corporation cannot proceed pro se and after 30 days may face default or dismissal.

In addition to the items listed above, if the client is a corporation, the attorney must notify the client that the corporation cannot proceed pro se and that if the corporation has not obtained new counsel within 30 days a default judgment may be entered against it if a defendant, or its claims dismissed if a plaintiff.

WARNING

Applies to

Special setting request letter

In the event that you are unable to secure a hearing date as soon as necessary on the Court's regular oral hearing docket, or if you require a special setting, please file a letter with the Court, and serve it on all parties, requesting a special setting with alternative dates that are convenient for all parties and the date by which you are requesting the matter be heard by the Court. Please send a courtesy copy of the letter to the Clerk who will then give it to the judge for review.

In the event that you are unable to secure a hearing date as soon as necessary on the Court's regular oral hearing docket, or if you require a special setting, please file a letter with the Court, and serve it on all parties, requesting a special setting with alternative dates that are convenient for all parties and the date by which you are requesting the matter be heard by the Court. Please send a courtesy copy of the letter to the Clerk who will then give it to the judge for review.

WARNING

Applies to

Severance motion

A party seeking a severance must specifically list all pleadings to be transferred.

Severances The party requesting the severance must specifically list all pleadings to be included in the severance order to be transferred to the new file.

WARNING

Applies to

Sanctions motion

Sanctions should not be requested unless the opponent has violated a previous order and engaged in particularly egregious behavior.

Sanctions should not be requested unless the opponent has violated a previous order and engaged in particularly egregious behavior.

WARNING

Applies to

Motion

Your requests to the court should be made in a written motion.

Your requests to the court should be made in a written motion.

WARNING

Applies to

Motion in limine

Motions in Limine should be specific to the case. Do not duplicate items in your motions in limine. Your motion should be limited to only those items specific to the facts and circumstances in your case.

Motions in Limine should be specific to the case. Do not duplicate items in your motions in limine. Your motion should be limited to only those items specific to the facts and circumstances in your case.

WARNING

Applies to

Discovery motion

All discovery motions should specify each specific discovery response at issue and include a copy of the response(s) at issue as sub-documents when or state verbatim as a request and answer in the body of your motion.

All discovery motions should specify each specific discovery response at issue and include a copy of the response(s) at issue as sub-documents when or state verbatim as a request and answer in the body of your motion.

WARNING

Applies to

Discovery motion

Must include

proposed order

Proposed orders should list each discovery issue separately so that the court may sign an order granting or denying the requested relief.

Proposed orders should list each discovery issue separately so that the court may sign an order granting or denying the requested relief.

WARNING

Applies to

Motion for substituted service

Must include

proposed order

Motions for substituted service are submitted to the Court for consideration without the need for a hearing. The motion should include an affidavit (a) detailing all efforts taken to verify that the defendant actually lives or works at the subject address, (b) multiple attempts of service at different times of day with the specific dates and times, (c) the identity of person(s) present at the subject address and what was said, (d) the identity of the owners of any cars in the driveway or other indications that defendant resides at the subject address; (e) in the proper circumstances, whether the technology actually belongs to the defendant and whether the defendant regularly uses or recently used the technology. Motions should include the attached form order for substituted service.

Motions for substituted service are submitted to the Court for consideration without the need for a hearing. The motion should include an affidavit (a) detailing all efforts taken to verify that the defendant actually lives or works at the subject address, (b) multiple attempts of service at different times of day with the specific dates and times, (c) the identity of person(s) present at the subject address and what was said, (d) the identity of the owners of any cars in the driveway or other indications that defendant resides at the subject address; (e) in the proper circumstances, whether the technology actually belongs to the defendant and whether the defendant regularly uses or recently used the technology. Motions should include the attached form order for substituted service.

WARNING

Applies to

Proposed order

Each proposed order must be accompanied by a cover letter stating whether the order is agreed to as to form.

When submitting a proposed order, you must include a cover letter and indicate whether the order is agreed to as to form.

WARNING

Applies to

Motion for continuance

A continuance request that also asks to amend the docket control order must state in the motion and proposed order that a new scheduling order will be issued, or an amended scheduling order may be submitted.

If the parties would like to amend the docket control order in addition to continuing the trial date, please note your request in the Motion for Continuance and include the statement that a new scheduling order shall be issued by the Court in the proposed order. Alternatively, an amended scheduling order may be submitted.

WARNING

Applies to

Motion for default judgment

In a default judgment motion, the movant must explain the damages calculation and provide supporting evidence.

When proving damages in a motion for default judgment, show the court how you calculated the damage figure and provide evidence to support your calculation.

WARNING

Applies to

Discovery proposed order

Proposed orders should list each discovery issue separately so that the court may sign a specific order granting or denying the requested relief.

Proposed orders should list each discovery issue separately so that the court may sign a specific order granting or denying the requested relief.

WARNING

Applies to

Default judgment fee affidavit

When proving attorney's fees in a motion for default judgment, in your affidavit provide the court with evidence to support your claim for attorney's fees. At a minimum you should show (1) your experience, (2) the work you did on the lawsuit, (3) how long it took you to do it and (4) your hourly rate.

When proving attorney's fees in a motion for default judgment, in your affidavit provide the court with evidence to support your claim for attorney's fees. At a minimum you should show (1) your experience, (2) the work you did on the lawsuit, (3) how long it took you to do it and (4) your hourly rate.

WARNING

Applies to

Agreed motion

Must include

certificate of conference

Agreed or unopposed motions must be appropriately titled and must be signed by all parties or include a Certificate of Conference.

agreed motions should be titled as such and must be signed by all parties or include a Certificate of Conference.

WARNING

Applies to

Proposed continuance order

The proposed continuation order must provide a blank space for the Court to insert the new trial date.

The proposed order granting the continuance shall provide a space for the new trial date to be inserted by the Court.

WARNINGCivil cases

Applies to

Motion

Motions and responses should identify specific deposition testimony relied upon to support a position, rather than simply attaching a deposition.

Motions and responses should identify specific deposition testimony relied upon to support a position, rather than simply attaching a deposition.

WARNINGCivil cases

Applies to

Proposed order

Proposed orders granting summary judgments should include all relief requested.

Proposed orders granting summary judgments should include all relief requested.

WARNINGCivil cases

Applies to

Motion

Motions should show how damages are calculated and provide supporting evidence.

Motions should show how damages are calculated and provide supporting evidence.

WARNING

Applies to

Rebuttal or impeachment exhibits

A rebuttal or impeachment exhibit not exchanged before the hearing must respond to a matter raised by the other side.

Rebuttal or impeachment exhibits that were not exchanged before the hearing must be responsive to a matter raised by the other side.

WARNINGCivil cases

Applies to

Severance order

Severance orders must delineate the parties, claims, and pleadings incorporated into the severed case.

The order granting severance should properly delineate the parties and claims remaining and being severed, respectively, as well as the pleadings being incorporated into the severed case, as appropriate.

WARNINGCivil cases

Applies to

Proposed order of severance

A proposed severance order should identify the new case style and number, included parties and pleadings, case status, and party responsible for costs and fees.

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.

WARNINGCivil cases

Applies to

Motion

Must include

proposed order

The Court may pass a hearing on a motion filed without a proposed order.

The Court may pass any hearing on a motion filed without a proposed order.

WARNINGCivil cases

Applies to

Attorney-fee affidavit in default judgment motion

The attorney-fee affidavit should address counsel’s experience, work performed, time spent, and hourly rate.

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.

WARNINGCivil cases

Applies to

Motion

Summary judgment evidence should be filed or attached with the motion or response, rather than incorporated by reference to previously filed materials.

Summary judgment evidence should be filed or attached contemporaneously with the motion or response rather than incorporated by reference to materials previously filed.

WARNINGCivil cases

Applies to

Motion

Must include

proposed order

The Court may pass a hearing on a motion filed without a proposed order.

The Court may pass any hearing on a motion filed without a proposed order.

WARNINGCivil cases

Applies to

Proposed order

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.

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.

WARNINGCivil cases

The parties must not request a particular Guardian Ad Litem, and the Court will not appoint one selected or agreed upon by the parties or counsel.

The parties shall not request a particular Guardian Ad Litem for appointment, and the Court does not appoint Guardian Ad Litems selected or agreed upon by the parties or counsel.

WARNINGCivil cases

Applies to

Motion

Agreed or unopposed motions must be clearly labeled “Agreed” or “Unopposed.”

Such motions must be clearly labeled “Agreed” or “Unopposed.”

WARNINGCivil cases

The Court provides no copying services, so each party must bring sufficient exhibit copies for the hearing or trial.

The Court does not provide copying services. Each party is responsible for bringing sufficient copies of all exhibits for use at the hearing or trial.

WARNINGCivil cases

For the Court’s review, submit only the Association’s lien-foreclosure provisions rather than its complete declarations, and only the deed’s property description.

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.

WARNINGCivil cases

Applies to

Courtroom attire

Exposed undergarments are not permitted in court.

No exposed undergarments

WARNINGCivil cases

Applies to

Motion

If objections to deposition excerpts remain, the party seeking exclusion should file a motion as soon as possible for a ruling 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.

WARNINGCivil cases

Applies to

Motion

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.

WARNINGCivil cases

Applies to

Exhibit list

Provide accurate exhibit lists to Judge Aston and the court reporter.

Accurate exhibit lists should be furnished to Judge Aston and to the court reporter.

WARNINGCivil cases

Applies to

Deposition testimony offer

Provide the court reporter with deposition page-and-line designations and a non-condensed transcript before offering the testimony.

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.

WARNINGCivil cases

Applies to

Courtroom attire

No flip-flops, flashy jewelry or hatsAll hats and head coverings must be removed upon entry, unless used for religious or medical purposes

No flip-flops, flashy jewelry or hatsAll hats and head coverings must be removed upon entry, unless used for religious or medical purposes

WARNINGCivil cases

Applies to

Certificate of conference

Must include

certificate of conference

If opposing counsel does not return repeated calls or messages, describe the efforts to confer in the certificate.

If opposing counsel refuses to return numerous phone calls or other messages, describe your efforts to confer in your certificate of conference.

WARNINGCivil cases

Applies to

Certificate of conference

Must include

certificate of conference

The certificate of conference should summarize the reasonable efforts made to resolve the dispute.

Please summarize your reasonable efforts in your certificate.