Harris County District Courts Document Filing Requirements

CRITICALCivil cases

Applies to

Default judgment

Default judgment motions must be set for oral docket (not submission) and include exhibits showing service, non-military affidavit, certificate of last known address, and damages.

The parties shall file a motion for default judgment and set the same as a motion on the Court’s oral docket. Defaults are not to be submitted for submission, those that are will be passed. Please include all exhibits demonstrating service, non-military affidavit, certificate of last known address, and damages.

CRITICAL

Applies to

Motion

Must include

proposed order

All motions and responses must include a proposed order.

All motions and responses must include a proposed order.

CRITICAL

Applies to

Default judgment motion

Must include

certificate of service

Default judgment motions require an oral hearing, proof of service of the hearing notice, a certificate of last known address, and a non-military service affidavit.

All motions for default are heard in an oral hearing only. Default motions are heard at 9:30 a.m. (with live testimony) and 9:45 a.m. (all others) on Monday. A certificate of service providing proof of service of the notice of hearing on the default on non-movant(s) must be attached to all Default motions. A separate certificate of last known address and a proper non-military service affidavit must be attached to the motion. A non-military verification may be obtained by visiting the Defense Manpower Data Center’s (DMDC) Military Verification service at https://scra.dmdc.osd.mil.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

Discovery motions and discovery hearing requests must include a certificate stating a reasonable effort to resolve the dispute was made and failed.

The Court requires compliance with Texas Rule of Civil Procedure 191.2, which states as follows: “Parties and their attorneys are expected to cooperate in discovery and to make any agreements reasonably necessary for the efficient disposition of the case. 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 or Court intervention and the effort failed."

CRITICAL

Applies to

Motion

Must include

certificate of conference

A detailed certificate of conference is required for all motions except enumerated types; noncompliance may cause the court to pass the hearing.

You must confer with opposing counsel prior to filing all motions and include a detailed certificate of conference, with the following exceptions: motions for default judgments, motions for summary judgment, motions to dismiss, plea to jurisdiction, motions to transfer venue, motions for voluntary dismissal/ nonsuits, post-verdict motions, special appearances, and motions involving service of process. Failure to comply may result in the Court passing the hearing.

CRITICAL

Applies to

Discovery motion

The complaining party should file a motion containing: A brief description of the dispute; The date, time, and place the parties have had out-of-court discovery discussions; The names of all counsel participating in the discussions; and A copy or verbatim reproduction of the discovery requests and responses at issue.

The complaining party should file a motion containing: A brief description of the dispute; The date, time, and place the parties have had out-of-court discovery discussions; The names of all counsel participating in the discussions; and A copy or verbatim reproduction of the discovery requests and responses at issue.

CRITICAL

Applies to

Severance order

A severance order must contain the case style and number, parties, documents, disposition status, and allocation of severance costs.

The order of the severance must contain the following information: Style of the case; Case number; Parties to be included in the severed case; Documents to be included; whether the severed case is disposed of or remains active; and the party paying for the costs of court and severance.

CRITICAL

Applies to

Certificate of conference

Persons preparing a certificate of conference must confer personally with opposing counsel or explain why they could not; sending a letter/email and receiving no response is insufficient.

The movant must confer person-to-person with opposing counsel before the Court will consider a motion that requires a conference. The Court will pass motions that do not have a certificate stating (1) that the movant has actually talked to opposing counsel, or (2) why counsel have not been able to discuss motion. A certificate of conference stating that you sent a letter or email to opposing counsel and received no response is not a proper certificate of conference

CRITICAL

Applies to

Motion to amend citation

Must include

proposed order

If default service was made at a different address than stated in the citation, a motion to amend citation and proposed order to amend citation must be filed.

If the defaulting party was served at an address other than the address for which the citation was issued, the Court requires filing a Motion to Amend Citation, requesting that the citation be amended to reflect the actual address of service, along with a proposed Order to Amend Citation.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A certificate of conference is required on all motions, pleas and special exceptions except: Summary Judgments Default Judgments Agreed Judgments Motions for voluntary dismissal or non-suit Post-verdict motions; or Motions involving service of citation

A certificate of conference is required on all motions, pleas and special exceptions except: Summary Judgments Default Judgments Agreed Judgments Motions for voluntary dismissal or non-suit Post-verdict motions; or Motions involving service of citation

CRITICAL

Applies to

Agreed motion and order gal appointment

Must include

proposed order

All settlements involving minor children require a Guardian Ad Litem and the parties must submit an agreed motion and order for the GAL's appointment.

A Guardian Ad Litem will be required for all settlements involving minor children. The parties are to submit an Agreed motion and order for appointment of a Guardian Ad Litem.

CRITICAL

Applies to

Motion and response

Must include

proposed order

File proposed orders with all motions and responses.

File proposed orders with all motions and responses.

CRITICAL

Applies to

Motion or notice nonsuit

A notice or motion for non-suit in a case involving a minor must be filed without prejudice.

When a lawsuit involves a minor, any notice or motion for nonsuit must be filed without prejudice.

CRITICAL

Applies to

Motion response

Must include

proposed order

The motion response must include a proposed order with the e-filing.

E-file motion responses at least 48-hours before the hearing and include a proposed order.

CRITICAL

Applies to

Notice of oral hearing

After obtaining a hearing date, a party must file a Notice of Oral Hearing and serve it on all counsel and pro se parties.

Once you obtain a hearing date you are required to file a Notice of Oral Hearing and serve it on all counsel or pro se parties.

CRITICAL

Applies to

Notice of submission

The 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

Proposed order

Must include

proposed order

If an 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

Wheel inclusion application

Counsel seeking placement on an appointment wheel must send the application available on the court’s website to the specified email address.

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

Inventory and appraisement

In a divorce proceeding by default, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before 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.

CRITICAL

Applies to

Motion to enter

Must include

proposed order

For a contested entry, the movant must attach a proposed order and the proponent must approve it as to form; the nonmovant must attach marked edits and a clean copy signed 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. Nonmovant must attach markup identifying proposed edits and a clean copy signed indicating approval as to form.

CRITICAL

Applies to

Exhibits

For property divisions involving marital estates with numerous assets or debts, include an editable file such as an .xls file showing the party’s proposed division.

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.

CRITICAL

Applies to

Trial by default

For a default trial where the respondent has not answered or appeared, a certificate of last known address and 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.

CRITICALCivil cases

Applies to

Discovery motion

Discovery motions must attach the discovery response at issue or state verbatim the request and answer, and proposed orders must list each discovery issue separately.

You must attach a copy of the discovery response at issue or state verbatim the request and answer in the body of your motion. Proposed orders should list each discovery issue separately.

CRITICALCivil cases

Applies to

Motion for substituted service

Motions for substituted service under Rule 106 must include an affidavit with specified information regarding service attempts and residence verification.

All motions for Substituted Service under Rule 106 must be accompanied by an affidavit that includes the following information or they are subject to being denied: Efforts taken verify that defendant actually lives or works at the subject address; Each attempt at service, with date and time; Identity of persons who were present at the subject address and what was said; and Identity of cars in the driveway or other indications that defendant actually resides at the subject address.

CRITICALCivil cases

Applies to

Opposition

Must include

proposed order

Please include an order denying your opponent’s motion.

Please include an order denying your opponent’s motion.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Every motion must be accompanied by a proposed order.

Please include an order with every motion filed.

CRITICALCivil cases

Applies to

Motion to withdraw

Motions to withdraw as attorney of record will be considered only if the motion includes the required notices, statements, certificates, and client notification letters.

Because motions to withdraw as attorney of record usually impose the burden of a pro se case on opposing parties and the Court, they will be granted on a case by case basis. The following must be filed before any such motion will be considered: 1. Notice of hearing or submission. 2. A statement of the particular circumstances and disciplinary rules requiring withdrawal. A general statement such as “irreconcilable conflicts” is not enough. Matters which are confidential may be filed under seal. 3. A certificate by the attorney of record of the client’s name, address, and telephone number, whether such information is current, or if not current, when it was last known to be correct. 4. A copy of a letter from the attorney of record to the client giving notice: (a) that the attorney is withdrawing; (b) that the client is deemed to have knowledge of and is required to abide by the Texas Rules of Civil Procedure if the client proceeds pro se; (c) that all notices from the Court to the client’s current address will be deemed to have been received unless the client notifies the Court of any change of address; (d) that no continuances or extension will be granted to the pro se client in order to obtain other counsel; & (e) notice of submission or hearing at which the motion to withdraw will be considered. 5. In addition to the items described in #4 above, if the client is a corporation, the attorney must notify the client that a corporation cannot proceed pro se and if the corporation has not obtained new counsel within 30 days, a default judgment may be entered against the corporation if it is a defendant or its claims will be dismissed if it is a plaintiff. 6. A signed acceptance of the terms of the letter described in item 4, if the client has agreed to the withdrawal. If the client has not agreed to the withdrawal, proof of service of the letter described in items 4 & 5 must be filed.

CRITICALCivil cases

Applies to

Special exception

Special exceptions motions must attach the pleading or state verbatim the paragraph excepted to, and proposed orders must list each exception separately, with an exception for damages-only exceptions.

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 to which you except. Proposed orders should list each exception separately.

CRITICAL

Applies to

Motion to withdraw retained attorney

All motions to withdraw as a retained attorney in a case must be signed by the attorney and, unless good cause is shown, approved by the client.

All motions to withdraw as a retained attorney in a case must be signed by the attorney and, unless good cause is shown, approved by the client.

CRITICAL

Applies to

Motion for substitution of retained attorneys

A motion to substitute retained counsel must be signed by both the attorney seeking to withdraw and the attorney seeking substitution.

All motions for substitution of retained attorneys must be signed by the attorney seeking to withdraw and the attorney seeking to be substituted.

CRITICALCivil cases

Applies to

Filing citing an unpublished opinion

Lexis citations are unacceptable unless counsel provides the Court a copy of the unpublished opinion.

The Court does not use Lexis; Lexis citations are not acceptable unless a copy of the unpublished opinion is provided to the Court.

CRITICALCivil cases

Applies to

Guardian Ad Litem appointment request

Parties may 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.

CRITICALCivil cases

Applies to

Certificate of conference

A certificate stating only that counsel sent a letter or email and received no response is insufficient.

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.

CRITICALCivil cases

Applies to

Motion to amend citation

If the defaulting party was served at an address different from the citation address, the movant must file a Motion to Amend Citation.

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.

CRITICALCivil cases

Applies to

Settlement involving minor children

All settlements involving minor children require a Guardian Ad Litem.

A Guardian Ad Litem is required in all settlements involving minor children.

CRITICALCivil cases

Applies to

Filing citing an unpublished opinion

Counsel citing an unpublished opinion must provide its Westlaw citation.

If citing an unpublished opinion, counsel shall provide the Westlaw citation.

CRITICALCivil cases

Applies to

Amended proposed judgment

If the proposed judgment is amended, file the amended version or bring a hearing copy 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 seeking attorney’s fees

A motion for default judgment seeking attorney’s fees must include an affidavit with competent supporting evidence.

When seeking attorney’s fees in a motion for default judgment, the movant must include an affidavit providing competent evidence to support the claim.

CRITICALCivil cases

Applies to

Written oral-hearing request

A party seeking an oral hearing on a submission-docket motion must file a written request.

Any party seeking an oral hearing on a motion set on the submission docket must file a written request.

CRITICALCivil cases

Applies to

Minor settlement hearing request

Must include

proposed order

File a proposed Final Judgment before contacting the Clerk for a minor-settlement hearing date.

A proposed Final Judgment must be filed before contacting the Clerk to obtain a hearing date on the minor’s settlement.

CRITICALCivil cases

Applies to

Pleading

Counsel must enter the pleading’s full title in the description field when submitting a document.

When submitting documents, counsel shall enter the full title of the pleading in the description field.

CRITICALCivil cases

Applies to

Filing citing legal authority

Counsel must ensure 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

Continuance motion and proposed order

Must include

proposed order

If parties also seek to amend the Docket Control Order, the motion must expressly request that relief and the proposed order must state that a new scheduling order will issue.

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.

CRITICALCivil cases

Applies to

Summary judgment withdrawal notice

A party must file a written notice to withdraw a summary judgment motion.

To withdraw a motion for summary judgment, the party must file a written notice of withdrawal with the Court.

CRITICALCivil cases

Applies to

Summary judgment motion or response

File or attach summary judgment evidence with the motion or response rather than incorporate previously filed materials by reference.

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

CRITICALCivil cases

Applies to

Oral hearing request

When obtaining an oral-hearing date, the party must provide an estimated hearing length and state whether a Court Reporter is required.

The party must provide an estimated time for the hearing and indicate whether a Court Reporter is required.

CRITICALCivil cases

Applies to

Default judgment motion

A compliant Non-Military Affidavit must accompany 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.

CRITICALCivil cases

Applies to

Discovery proposed order

A discovery proposed order must list each disputed request or objection individually so the Court can rule item by item.

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

Motion or response

Must include

proposed order

Every motion and response, including objections to summary judgment evidence, must include a proposed order.

All motions and responses shall be accompanied by a proposed order. This requirement includes objections to summary judgment evidence.

CRITICALCivil cases

Applies to

Motion for severance

A motion for severance must state its basis.

The motion must state the basis for the severance.