Harris County District Courts Document Filing Requirements

CRITICALCivil cases

Applies to

Discovery motion or hearing request

Must include

certificate of conference

A discovery motion or hearing request must certify that a reasonable effort to resolve the dispute without court intervention was made and failed.

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.

CRITICALCivil cases

Applies to

Motion or other document seeking relief

Must include

proposed order, certificate of service, certificate of conference

A filing seeking relief must include a certificate of service, any certificate of conference required by the 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.

CRITICALCivil cases

Applies to

Minor settlement hearing notice

A notice for a virtual minor-settlement hearing must include the 151st District Court’s Zoom link and be filed with that information.

The attorney filing the notice must include the Zoom link for the 151st District Court. The notice MUST be filed with the Zoom information.

CRITICALCivil cases

Applies to

Proposed order

A proposed order must not combine multiple motions.

Do not combine multiple motions into a single proposed order.

CRITICALCivil cases

Applies to

Severance motion and order

Severance motions and orders must include the new case details, parties, transferred pleadings and document metadata, cost-assessed attorney, case status and finality, whether the severed case remains active, and responsibility for costs and fees.

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. As an example, if a plaintiff obtains a summary judgment as to one of multiple defendants and severs the disposed claims against that defendant into a new cause, that severance order will start the appellate timelines because all claims in the new cause will be resolved as to all claims and all parties. This should be expressly stated one way or the other in the motion for severance. 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.

CRITICALCivil cases

Applies to

Request for oral hearing or to continue hearing

Must include

proposed order

Requests for an oral hearing or to continue a hearing must be filed separately from the response and include proposed orders.

Please clearly identify your request for an oral hearing or your request to continue the hearing by filing them separately from your response with proposed orders attached.

CRITICALCivil cases

Applies to

Notice to pass hearing

To pass an oral hearing or submission setting, use the e-Hearing system and/or e-file a notice specifying the time, date, and motion.

If you wish to pass an oral hearing or submission setting. Pass the setting on the e-Hearing system and/or efile a Notice to Pass the hearing. Specify the time, date and motion to be discussed.

CRITICALCivil cases

Applies to

Settlement involving minor children

Must include

proposed order

Every settlement involving minor children requires a Guardian ad Litem, and the parties must file an agreed motion and proposed appointment order.

A Guardian ad Litem is required in all settlements involving minor children. The parties shall file an Agreed Motion and Proposed Order for Appointment of Guardian ad Litem.

CRITICALCivil cases

Applies to

Continuance or reset motion

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.).

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

Motion and order to withdraw as attorney

Must include

certificate of conference

A motion and proposed order to withdraw must address client notice and mailing evidence, consent, client contact details, the client’s right to object or respond, reasonable efforts to find substitute counsel, and a certificate of conference.

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(s); 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; ·These motions DO require a certificate of conference, as opposing counsel has a right to be heard on these motions.

CRITICALCivil cases

Applies to

Final order

A final order must state that it disposes of all claims and parties and is 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.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Motions must include required certificates of conference explicitly describing efforts to resolve the motion with all other parties or counsel before filing.

All 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.

CRITICALCivil cases

Applies to

Amended proposed final judgment

If the proposed minor-settlement judgment is amended, file the amended version or present it at the hearing with all changes clearly highlighted.

If amendments are made, the parties must either file the amended proposed judgment or present a copy at the hearing with all changes from the previously filed version clearly highlighted.

CRITICALCivil cases

Applies to

Default judgment motion for attorney fees

A default-judgment request for attorney’s fees must include an affidavit with competent evidence addressing counsel’s 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.

CRITICALCivil cases

Applies to

Motion to amend citation

Must include

proposed order

If service occurred at an address different from the citation address, the movant must file a motion to amend the citation and should request correction to the valid service address 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.

CRITICALCivil cases

Applies to

Proposed findings conclusions

In a non-jury trial, 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.

CRITICAL

Applies to

Contested entry submission

The nonmovant must attach markup identifying proposed edits and a clean copy signed to indicate approval as to form.

Nonmovant must attach markup identifying proposed edits and a clean copy signed indicating approval as to form.

CRITICAL

Applies to

Wheel inclusion application

Counsel seeking placement on a wheel must send the court website application to Melissa_Love@justex.net.

Counsel wanting to be placed on a wheel shall send the application located on the court’s website to Melissa_Love@justex.net.

CRITICAL

Applies to

Motion to enter

Must include

proposed order

The movant must attach a proposed order to a motion to enter, and the proponent must sign approval as to form.

Movant must attach a proposed order to the motion to enter (do not mark with exhibit label) and the proponent must sign indicating approval as to form.

CRITICAL

Applies to

Certificate of last known address

When the respondent has not answered or appeared, a certificate of last known address must be on file before trial.

If the respondent has not filed an answer or appeared in the case, a certificate of last known address and nonmilitary affidavit/declaration must be on file before trial.

CRITICAL

Applies to

Proposed order

Must include

proposed order

If an order has all signatures, the proposed order must be filed before the entry date for the judge’s signature.

If the order has all signatures, file the proposed order before your entry date for the judge’s signature.

CRITICAL

Applies to

Notice of submission

A submission notice must state that the motion will be heard by submission, parties may not appear in person, and responses are due at least 3 days before submission or earlier if required.

The notice must state that: (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least 3 days before the submission date, or longer if required by statute or rule.

CRITICAL

Applies to

Sworn inventory and appraisement

In divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before a default trial begins.

In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before the trial by default begins. (See Rule 6.4, above.)

CRITICAL

Applies to

Motion

The nonmovant must attach markup identifying proposed edits and a clean copy signed to indicate approval as to form.

Nonmovant must attach markup identifying proposed edits and a clean copy signed indicating approval as to form.

CRITICAL

Applies to

Inventory and appraisement

In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before a default trial begins.

In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before the trial by default begins. (See Rule 6.4, above.)

CRITICAL

Applies to

Proposed order

Must include

proposed order

If the order has all signatures, file the proposed order before the entry date for the judge’s signature.

If the order has all signatures, file the proposed order before your entry date for the judge’s signature.

CRITICAL

Applies to

Notice of submission

A submission notice must state that the motion will be heard by submission, parties may not appear in person, and responses must be on file at least 3 days before submission or earlier if required.

The notice must state that: (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least 3 days before the submission date, or longer if required by statute or rule.

CRITICAL

Applies to

Default trial

If the respondent has not answered or appeared, a certificate of last known address and a nonmilitary affidavit or declaration must be on file before trial.

If the respondent has not filed an answer or appeared in the case, a certificate of last known address and nonmilitary affidavit/declaration must be on file before trial.

CRITICAL

Applies to

Motion

Must include

proposed order

The movant must attach a proposed order to a motion to enter without an exhibit label, and the proponent must sign to indicate approval as to form.

Movant must attach a proposed order to the motion to enter (do not mark with exhibit label) and the proponent must sign indicating approval as to form.

CRITICAL

Applies to

Pretrial conference

For a jury trial, the parties must complete all actions in the Pretrial Conference Checklist before the pretrial conference.

Prior to the pre-trial conference for a jury trial, the parties must complete all actions identified in the Pretrial Conference Checklist (See Court’s website).

CRITICALCivil cases

Applies to

Summary judgment order

Proposed orders should include total damages and attorneys fees. The motion must contain evidence to support the amounts contained in the judgment.

Proposed orders should include total damages and attorneys fees. The motion must contain evidence to support the amounts contained in the judgment.

CRITICALCivil cases

Applies to

Unopposed motion

Must include

certificate of conference

Unopposed motions must include a certificate of conference.

Unopposed motions must contain a certificate of conference.

CRITICALCivil cases

Applies to

Response

Must include

proposed order

Responses to motions must include a proposed order.

E-File responses to motions at least 24 hours prior to the hearing and include a proposed order.

CRITICALCivil cases

Applies to

Motion to withdraw

Motions to withdraw must include the party's telephone number, address, email address, current deadlines, and trial settings.

Motions to withdraw as attorney of record must contain the parties telephone number, address, email address, current deadlines and trial settings.

CRITICALCivil cases

Applies to

Motion

A motion for substituted service under Rule 106 must include an affidavit establishing the person can be found at the address and must use the Court's prescribed order.

If a party is seeking substituted service pursuant to 106 please provide a motion along with an affidavit that establishes that the person to be served can be found at the service address. Additionally, the parties should use the Court’s prescribed order.

CRITICALCivil cases

Applies to

Discovery motion

Motions seeking rulings on discovery objections must include an order with the specific requests, objections, and blanks to overrule or sustain.

If you are requesting the Court rule on objections, present a motion and order that contains the specific requests made along with the objections made and a blank to either overrule or sustain the objection.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

A proposed order submitted after a hearing must include a cover letter indicating whether opposing counsel agrees to its form.

When submitting a proposed order after a hearing, include a cover letter and indicate whether the proposed order is agree to in form by opposing counsel.

CRITICALCivil cases

Applies to

Motion

Motions requesting appointment of a guardian ad litem must include a brief description of the case and any other issues for the Court.

In motions requesting the appointment of a guardian ad litem, please include a brief description of the case and any other issues you would like the Court to consider.

CRITICALCivil cases

Applies to

Severance motion

Motions for severance must include an order stating the style, new cause number, parties, documents, whether the case is disposed, and who pays costs.

SEVERANCE Motions for severance must include an order which states: The style of the case; The new cause number, e.g. 2018-12345A Parties to be included in the severed case Documents to be included in the severed case. Whether the severed order disposes of the severed case or if the case shall remain active. The party paying the costs of court and

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Every motion must be accompanied by a certificate of conference detailing efforts to discuss with opposing counsel; failure may result in the motion being passed.

All motions must be accompanied by a certificate of conference detailing the efforts undertaken to discuss the motion with opposing counsel. Failure to file a certificate of conference may result in a motion being passed.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Motions and responses must include a proposed order; motions without proposed orders may be passed.

All motions and responses must be filed with a corresponding order. The Court may pass motions filed without proposed orders.

CRITICALCivil cases

Applies to

Order

Orders on motions to withdraw must include the pro se party's name, address, telephone number, and email; otherwise the motion will be denied.

Orders on motions to withdraw MUST include contact information for the pro se party including: name, address, telephone number and email address. Failure to include the required contact information will result in the motion being denied.

CRITICALCivil cases

Applies to

Request for oral hearing

Do not file a blank request for an oral hearing date.

Do not file a blank request for an oral hearing date.

CRITICALCivil cases

Applies to

Agreed motion

Must include

caption

Agreed/unopposed motions must be titled as such and contain the signatures of all parties in agreement.

All unopposed or agreed motions should be titled as such. All agreed motions and proposed orders must contain the signatures of all those in agreement.

CRITICAL

Applies to

Notice of hearing

All notices of oral hearing must contain the Zoom link and a link to the Tax Court Information Page.

ALL NOTICES OF ORAL HEARING MUST CONTAIN THE ABOVE ZOOM LINK AND A LINK TO THIS TAX COURT INFORMATION PAGE.

CRITICALCivil cases

Applies to

Special exception

Special exceptions must state the objected language verbatim and the reasoning in both the motion and the order.

Special exception should specifically state the language objected to and the reasoning for the objection. The language excepted to should be stated verbatim in the motion and the order.

CRITICALCivil cases

Applies to

Jury charge

Parties must file the proposed jury charge and provide a copy to the court on a flash drive.

The parties must file their proposed charge and must provide the court with a copy on a flash drive.

CRITICALCivil cases

Applies to

Notice of appearance

If a party appears at a tax default judgment hearing, the Court will not proceed; the party must complete a notice of appearance and answer form.

The Court will not proceed with default judgment if the party appears at the hearing on default judgment. However, the party must complete a notice of appearance and answer form at the time of the hearing so that the matter can be set for trial.

CRITICALCivil cases

Applies to

Discovery motion

Discovery motions must outline the dispute, the efforts made to resolve it, and the relief requested.

If the parties must seek assistance with respect to discovery matters, the movant should file a motion outlining the discovery dispute, the effort made to resolve that dispute, and the relief requested from the Court.

CRITICAL

Applies to

Exhibits

Redaction of exhibits must be completed before arriving for trial.

Any exhibits that need to be redacted MUST be done prior to the time you arrive for the beginning of trial.