Harris County District Courts Document Filing Requirements

CRITICALCivil cases

Applies to

Default judgment

Default judgments require an affidavit establishing that the defendant is not in active military service.

The federal Servicemembers’ Civil Relief Act (50 U.S.C. App. 521, § 201) requires that before granting a default judgment, state courts first obtain an affidavit that sets forth facts (i.e., not hearsay, and not matters asserted “on information and belief,” etc.) sufficient to show that the defendant against whom a default judgment is sought is not currently active and serving in the United States Armed Forces

CRITICALCivil cases

Applies to

Notice of oral hearing

Zoom hearings are limited to 15-minute increments total; movants must include this statement in the Notice of Oral Hearing.

All zoom hearings will be heard in 15 minute increments--total. Movants are to include this in the Notice of Oral Hearing.

CRITICALCivil cases

Applies to

Order

If agreeing to a summer Monday, the order must include vacation waiver language and be signed by all counsel and pro se parties.

You can agree to any Monday of your choice, if you choose a Monday in the summer months of June, July or August, you must include the language on the order, that everyone agrees to waive their vacation for that two week period, the order needs to be signed by all counsel and prose parties if any in your case.

CRITICALCivil cases

Applies to

Discovery motion

Must include

proposed order

Discovery motions must include a proposed order enumerating each disputed request/response with a Sustained/Overruled line.

With all discovery motions, parties MUST submit a proposed Order, enumerating each discovery request/response in dispute. Next to each discovery request/dispute should be the words: “_____Sustained _____ Overruled”.

CRITICALCivil cases

Applies to

Motion for severance

Motions for severance must state the basis for the severance.

The motion for severance must state the basis for the severance.

CRITICALCivil cases

Applies to

Proposed findings conclusions

Be prepare and exchange proposed findings of fact and conclusions of law with all counsel and provide them to the judge. In addition, prepare a proposed form of judgment.

Be prepare and exchange proposed findings of fact and conclusions of law with all counsel and provide them to the judge. In addition, prepare a proposed form of judgment.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

All motions must be accompanied by a proposed order filed at least 48 hours before submission or oral hearing.

You must file a proposed order with your motion at least 48 hours prior to your submission or oral hearing.

CRITICAL

Applies to

Notice of settlement

A notification of settlement must be filed to remove the case from the active trial docket.

Upon announcing settlement, a notification of settlement must be filed with the Court to remove the case from the active trial docket.

CRITICAL

Applies to

Motion

A certificate of conference must state how and when parties conferred and whether the relief is opposed, agreed, or agreed in part.

Certificates of conference must state how and when parties have conferred on the matters on which relief is sought, and whether the relief is opposed, agreed, or agreed in part.

CRITICAL

Applies to

Rule 106 motion

Rule 106 motions for substituted service must be accompanied by an affidavit verifying that the defendant lives/works at the address, listing each service attempt (minimum seven, including two before 7:30am and two after 7:30pm), identifying persons present, and noting cars or other indications of 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 and time, there should be a minimum of seven attempts. Identify of persons who were present at the subject address and what was said. Identify of cars in the driveway or other indications that defendant resides at the subject address. At least two attempts before 7:30am AND two attempts after 7:30pm.

CRITICAL

Applies to

Motion to retain

Must include

proposed order

A proposed order must be filed for a verified motion to retain to be granted and to avoid dismissal for want of prosecution.

A proposed order must be filed in order for a verified motion to retain to be granted and avoidance of DWOP.

CRITICAL

Applies to

Motion to withdraw

Motions to withdraw must comply with Rule 10 TRCP; where the party will be pro se, the motion must include the party's phone number, address, email, a statement about consultation, and current deadlines and trial settings.

Motions to withdraw as attorney of record require strict compliance with Rule 10 of the Texas Rules of Civil Procedure. Motions in which the party will be pro-se litigant after the attorney withdraws must include: the party's telephone number; the party's address; the party's email address; a statement regarding consultation with the party regarding the motion; and current deadlines and trial settings.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A certificate of conference is required on all motions, pleas, and special exceptions, except for summary judgments, default judgments, non-suits, post-verdict motions, service-of-citation motions, and writs of sequestration.

A certificate of conference is required on all motions, pleas, and special exceptions EXCEPT for: * Motions for Summary Judgments * Defaults Judgments * Motions for voluntary dismissal or non-suit * Post-verdict motions * Motions involving service of citation * Writ of Sequestration

CRITICALCivil cases

Applies to

Motion

Certain listed motions are presented to the Judge upon filing without an oral hearing; all other motions must be set for an oral or submission hearing.

The following motions will be presented to the Judge upon filing and may not need to be set for an oral hearing. If an oral hearing is needed, the Court will contact you. All other motion must be set for either an oral or submission hearing.

CRITICALCivil cases

Nonsuits involving minors require an oral hearing unless an affidavit states the minor has reached the age of majority.

Nonsuits are presented to the Judge upon filing without need for a hearing with the exception of cases involving minors. These must be set for an oral hearing. If the minor has reached the age of majority, an affidavit stating so must be filed with the nonsuit and a hearing is not required.

CRITICALCivil cases

Applies to

Motion

A motion to substitute counsel requires both attorneys' signatures or a hearing; with signatures and a proposed order, no hearing is needed.

Both the withdrawing and substituting attorneys' signatures must be present on the Motion to Substitute or, alternatively, it must be set for a hearing. Either submission or oral would suffice. If you have included the required signatures on the motion and filed a proposed order, it will be present to the Judge without the need for a hearing.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Motions seeking a ruling and responses must be filed with a corresponding proposed order.

Motions seeking a ruling should be filed with a corresponding proposed order. Responses should also be filed with a corresponding proposed order.

CRITICALCivil cases

Applies to

Notice of motion

All hearing notices must include the hearing date and time, the motion filing date, and the motions to be heard.

All notices must include the date and time of the hearing, the date that the motion(s) was filed, and the motion(s) to be heard.

CRITICALCivil cases

Applies to

Motion

A motion to withdraw counsel requires the withdrawing attorney's and the party's signatures or a hearing; with signatures and a proposed order, no hearing is needed.

Both the withdrawing attorney's and the party's signature must be present on a Motion to Withdraw or, alternatively, it must be set for a hearing. Either submission or oral would suffice. If you have included the required signatures on the motion and filed a proposed order, it will be presented to the Judge without the need for a hearing.

CRITICALCivil cases

Applies to

Motion

A written notice withdrawing the MSJ must be filed before it can be reset; otherwise the MSJ will be denied.

A written notice withdrawing the MSJ must be filed before the motion can be reset. If a written notice withdrawing the motion is not received prior to resetting the MSJ, the MSJ will be denied.

CRITICALCivil cases

Applies to

Motion

Agreed motions must include the signature of counsel for all parties.

Agreed motions must include the signature of counsel for all parties.

CRITICALCivil cases

Applies to

Proposed order

The order of severance must contain the style of case, proposed new case number, parties, documents with filed dates, case status, and cost responsibility.

for the severance. The order of severance must contain the following: - Style of Case; - Proposed new case number / example 2006-00000-A; - Parties to be included in the severed case; - Each document to be included in the severed case along with the corresponding filed date and/or image number; - Whether the severed case has a final order, is to remain active, or is to be abated; and - The party paying for court cost

CRITICALCivil cases

Applies to

Motion

Special exceptions must attach the excepted pleading or state the excepted paragraph verbatim.

Attach a copy of the pleading you are excepting to (unless the exception is only to the amount of damages sought) or state verbatim the paragraph you except to in the pleading.

CRITICALCivil cases

Applies to

Motion

Discovery motions must attach the discovery response at issue or state the request and answer verbatim in the body of the motion.

Be sure to attach a copy of the discovery response at issue or state verbatim the request and answer in the body of your motion.

CRITICALCivil cases

Applies to

Motion

All default judgment motions require an oral or submission hearing; foreclosure or damages proof-up requires an oral hearing.

All Motions for Default Judgment require either an oral or submission hearing. If you are requesting foreclosure or need to prove up damages, an oral hearing is required.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Unopposed motions must include a certificate of conference.

Unopposed motions must include a certificate of conference.

CRITICALCivil cases

Applies to

Motion

A notice setting an oral hearing must be filed with a motion for summary judgment.

If you want an oral hearing on your MSJ, then you must file a notice setting same with your motion.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Parties must confer before filing discovery motions and include a certificate of conference.

Always confer before filing any motion related to discovery and include a certificate of conference.

CRITICALCivil cases

Applies to

Discovery motion and proposed order

A discovery motion and proposed order must separately identify each issue, disputed request, or objection so the Court can rule on each item.

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.

CRITICALCivil cases

Applies to

Filing with citations

Counsel must ensure that cited authorities exist and are quoted accurately.

Counsel are responsible for ensuring that all cited authorities exist and are accurately quoted.

CRITICALCivil cases

Applies to

Special exception

A special exception must identify the challenged pleading or portion by page and paragraph, except when it challenges only the maximum damages amount under TRCP 47.

Please explicitly identify by page and paragraph the pleading or portion thereof to which you are specially excepting (unless the special exception is only to the maximum amount of damages sought pursuant to TRCP 47).

CRITICALCivil cases

Applies to

Deposition designations

Provide page and line citations for deposition testimony anticipated at trial before docket call.

Provide page/line for any witness anticipated to testify by deposition PRIOR to the docket call.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include an explicit certificate of conference.

Include an explicit certificate of conference as described in the section of these procedures titled “Certificates of Conference”.

CRITICALCivil cases

Applies to

Continuance or reset motion

Every continuance or reset motion must identify its number, whether agreed, unopposed, or opposed.

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.).

CRITICALCivil cases

Applies to

Rule 106 motion

A Rule 106 motion must include an affidavit detailing residence-verification efforts, each service attempt, persons encountered and statements, and evidence confirming the address, with the specified identifying details.

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); ·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. This can also include a statement identifying license plates of cars in the driveway and attaching a printout of license plates registered to the person to be served. Statements by neighbors or by people residing in the abode must include the full name of the person and a description. The idea is to give the court some assurance that the person resides at that address.

CRITICALCivil cases

Applies to

Summer trial setting

Parties requesting or agreeing to a summer trial setting must expressly 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.

CRITICALCivil cases

Applies to

Default judgment filing

A party seeking damages or fees in a default judgment must provide exhibits proving the requested amounts.

If you are requesting damages or fees, the Court requires you to provide exhibits to prove up the damages sought.

CRITICALCivil cases

Applies to

Certificate of conference

Certificates should summarize reasonable conference efforts; sending a motion, email, or voicemail alone is not a conference, and repeated unanswered contact attempts should be described.

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.

CRITICALCivil cases

Applies to

Summary judgment withdrawal notice

To withdraw a summary-judgment motion, file a written notice with the specified title and identify the motion’s 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.

CRITICALCivil cases

Applies to

Tax trial hearing notice

In tax trial cases, request that the lien holder issue a hearing notice.

Request the Lien Holder issue a notice for hearing.

CRITICALCivil cases

Applies to

Sanctions request for attorney fees

Sanctions attorney’s fees must be supported by an affidavit or live testimony establishing reasonableness and necessity, unless the parties agree to the amount in one of the specified ways.

All requests for attorney’s fees as sanctions MUST be established by affidavit (preferred) or live testimony as to reasonableness and necessity (and meet other legal requirements), unless the parties agree on the record, in a filed Rule 11 Agreement, or an agreed order as to the amount.

CRITICALCivil cases

Applies to

Default judgment motion and proposed judgment

The motion and proposed judgment must identify whether the default 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).

CRITICALCivil cases

Applies to

Default judgment filing

Submit a proper non-military affidavit using the DMDC Military Verification service and file a Certificate of Last Known Address.

Please submit the proper non-military affidavit by visiting the Defense Manpower Data Center’s (DMDC) Military Verification service athttps://scra.dmdc.osd.mil. A Certificate of Last Known Address must be filed.

CRITICALCivil cases

Applies to

Tax trial notice

In tax trial cases, the address on the notice must match the last known address in the petition.

The address on the notice must match the last known address in the petition.

CRITICALCivil cases

Applies to

Motions pleas and special exceptions

Must include

certificate of conference

Certificates of conference extend to motions, pleas, and special exceptions, except summary judgments, default judgments, agreed judgments, voluntary dismissal or nonsuit motions, 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.

CRITICALCivil cases

Applies to

Hearing notice

After scheduling a hearing date with the clerk, file a notice of oral hearing or, when applicable, 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.

CRITICALCivil cases

Applies to

Late response

Must include

proposed order

A response filed after its deadline must be accompanied by a separate motion for leave to file late and a proposed order.

Responses that are filed after the response deadline provided for in the rules MUST be accompanied by a separate motion for leave to late file the response with a proposed order.

CRITICALCivil cases

Applies to

Summary judgment motion

A summary-judgment motion requesting an oral hearing must state that request in its title.

If a movant requests an oral hearing, the request must appear in the title of the motion.

CRITICALCivil cases

Applies to

Discovery motion

When e-filing a discovery motion, submit the disputed responses as sub-documents or quote the request and answer verbatim in the motion.

Be sure to submit the discovery response(s) at issue as sub-documents when e-filing, or state verbatim the request and answer in the body of your motion.

CRITICALCivil cases

Applies to

Filing citing unpublished opinion

Counsel citing an unpublished opinion must provide its Westlaw citation; a Lexis citation is acceptable only if a copy of the opinion 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.