Harris County District Courts Document Filing Requirements

CRITICALCivil cases

Applies to

Proposed order

A proposed order submission must include a cover letter stating whether the order is agreed as to form.

When submitting a proposed order, include a cover letter stating whether the order is agreed as to form.

CRITICALCivil cases

Applies to

Notice of Submission

A party setting a matter on the submission docket must file a Notice of Submission listing each motion’s exact title and serve all counsel and self-represented parties.

A party setting a matter on the submission docket shall file a Notice of Submission identifying the exact title of each motion and serve all counsel and self-represented parties.

CRITICALCivil cases

Applies to

Proposed order

Do not combine multiple motions in one proposed order.

Do not combine multiple motions into a single proposed order.

CRITICALCivil cases

Applies to

Settlement involving minor children

Must include

proposed order

The parties must file an agreed motion to appoint a Guardian Ad Litem and a proposed appointment order.

The parties shall file an Agreed Motion for Appointment of Guardian Ad Litem and a proposed Order Appointing Guardian Ad Litem.

CRITICALCivil cases

Applies to

Motion

Relief will be denied without further consideration if a motion relies on nonexistent, fabricated, or hallucinated citations.

If the Court determines that a motion contains such citations upon which its request for relief relies, the requested relief will be denied without further consideration.

CRITICALCivil cases

Applies to

Summer trial setting request or agreement

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

Summary judgment withdrawal notice

The withdrawal notice must use the specified title and identify the original filing date.

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

Summary judgment motion

A summary judgment movant’s oral-hearing request must appear in the motion title.

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

CRITICALCivil cases

Applies to

Motion

Agreed or unopposed motions must be clearly labeled accordingly.

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

CRITICALCivil cases

Applies to

Emergency motion

An emergency hearing request requires a written emergency motion detailing the basis for emergency relief.

To request an emergency hearing, a party must file a written emergency motion that provides a detailed explanation establishing the basis for emergency relief.

CRITICALCivil cases

Applies to

Notice of Oral Hearing

A Notice of Oral Hearing must give the exact title of every motion to be heard.

The notice must state the exact title of each motion to be heard.

CRITICALCivil cases

Applies to

Summary judgment response

A summary judgment non-movant’s oral-hearing request must appear in the response title.

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

CRITICALCivil cases

Applies to

Proposed order on first continuance

Must include

proposed order

A proposed order on a first continuance must leave a blank for the Court to insert the new trial date.

The proposed order shall include a blank for the Court to insert the new trial date.

CRITICALCivil cases

Applies to

Rule 106 motion for substituted service

A Rule 106 motion for substituted service must include an affidavit detailing address verification, service attempts, persons and vehicles observed, and facts supporting notice by the requested method.

Motions for substituted service under Texas Rule of Civil Procedure 106 must be supported by an affidavit that includes:  The efforts made to verify that the defendant resides or works at the address in question;  Each attempt at service, including the date and time;  The identity of any persons present at the address and what was said;  The identity of any vehicles observed or other indicia that the defendant resides at the address; and  Any additional facts demonstrating that the defendant will receive notice through the requested method of substituted service.

CRITICALCivil cases

Applies to

Motion to amend citation

Must include

proposed order

The Motion to Amend Citation should request correction to the address where valid service occurred and include a proposed order.

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

Motion

Must include

certificate of conference

A motion lacking a certificate confirming an actual discussion or explaining why none occurred will be passed.

Motions that do not include a certificate confirming that counsel has actually spoken with opposing counsel regarding the requested relief—or explaining why such a discussion has not occurred—will be passed.

CRITICALCivil cases

Applies to

Exhibit

Exhibits must be clearly labeled without all capital letters and filed separately.

Exhibits must be clearly labeled (without using all capital letters) and filed as separate documents.

CRITICALCivil cases

Applies to

Discovery motion and proposed order

A discovery motion and its proposed order must identify each discovery issue separately.

The motion and proposed order must identify each discovery issue separately.

CRITICALCivil cases

Applies to

Motion, plea, or special exception

Must include

certificate of conference

Motions, pleas, and special exceptions require a certificate of conference, subject to the listed exceptions.

A certificate of conference is required on all motions (including discovery motions), pleas, and special exceptions except: ·         Motions for Summary Judgment; ·         Default Judgments; ·         Agreed Judgments; ·         Motions for Voluntary Dismissal or Non-Suit; ·         Post-Verdict Motions; and ·         Motions involving service of citation

CRITICALCivil cases

Applies to

Emergency motion

An emergency motion must state that notice was given to opposing counsel or self-represented parties, or specifically explain why notice could not be given.

The motion must also reflect that notice has been provided to all opposing counsel or self-represented parties, or must explain with specificity why notice could not be given.

CRITICALCivil cases

Applies to

Pretrial order

The parties must prepare, exchange, and bring a Trial Notebook to the pretrial conference containing live pleadings, detailed witness lists, exhibit lists and copies, motions in limine and objections, deposition extracts and objections, and proposed jury charges.

The parties must prepare, exchange, and bring to the pretrial conference a Trial Notebook containing the following: Live pleadings; Witness lists (with a brief description of the general subject matter of each witness’s anticipated testimony and the estimated time for examination and cross-examination of each); Exhibit lists (including copies of exhibits and any objections); Motions in Limine and objections; Deposition extracts and objections; and Proposed jury charges.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Discovery motions and proposed orders must identify each issue, disputed request, or objection separately.

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

Pleading

When submitting a document, counsel must enter the pleading's full title in the description field.

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

CRITICALCivil cases

Applies to

Proposed order

A proposed order submission must include a cover letter stating whether the order is agreed as to form.

When submitting a proposed order, include a cover letter stating whether the order is agreed as to form.

CRITICALCivil cases

Applies to

Jury instructions

The parties must exchange a proposed jury charge before trial and provide the Court an electronic Microsoft Word copy by 4:00 p.m. the day before trial.

The parties shall exchange a proposed jury charge before trial. Each party shall provide the Court with an electronic copy in Microsoft Word format no later than 4:00 p.m. on the day before trial begins.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

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

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

Motion

A compliant Non-Military Affidavit must be submitted with a 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

Motion

Must include

proposed order

Motions and responses, including objections to summary judgment evidence, must be accompanied by a proposed order.

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

CRITICALCivil cases

Before any hearing or trial, counsel must identify themselves to the Court Reporter, provide a business card with current contact and bar information, and provide a glossary and copies of cited cases.

Before any hearing or trial, counsel must identify themselves to the Court Reporter and provide a business card reflecting their current address, telephone number, and State Bar number. Counsel shall also provide the reporter with (1) a glossary of names and technical terms expected to be used and (2) copies of any case citations that will be referenced.

CRITICALCivil cases

Applies to

Proposed order

For Level 3 cases requiring special scheduling, the parties must prepare and submit an agreed scheduling order for Court approval.

For Level 3 cases requiring special scheduling considerations—such as an extended discovery period or an abbreviated trial setting—the parties shall prepare and submit an agreed scheduling order for the Court’s approval.

CRITICALCivil cases

Applies to

Motion

A Rule 106 motion for substituted service must include an affidavit detailing address verification efforts, each service attempt, people and vehicles observed, and facts showing the defendant will receive notice.

Motions for substituted service under Texas Rule of Civil Procedure 106 must be supported by an affidavit that includes: The efforts made to verify that the defendant resides or works at the address in question; Each attempt at service, including the date and time; The identity of any persons present at the address and what was said; The identity of any vehicles observed or other indicia that the defendant resides at the address; and Any additional facts demonstrating that the defendant will receive notice through the requested method of substituted service.

CRITICALCivil cases

Applies to

Proposed order

Counsel must submit a proposed form of judgment for the Court’s consideration in a non-jury trial.

Counsel shall also submit a proposed form of judgment for the Court’s consideration.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A certificate of conference is required for motions, pleas, and special exceptions, except for the listed categories.

A certificate of conference is required on all motions (including discovery motions), pleas, and special exceptions except: · Motions for Summary Judgment; · Default Judgments; · Agreed Judgments; · Motions for Voluntary Dismissal or Non-Suit; · Post-Verdict Motions; and · Motions involving service of citation

CRITICALCivil cases

Applies to

Notice of motion

A party setting a matter on the submission docket must file a Notice of Submission identifying each motion by exact title and serve all counsel and self-represented parties.

A party setting a matter on the submission docket shall file a Notice of Submission identifying the exact title of each motion and serve all counsel and self-represented parties.

CRITICALCivil cases

Before deposition testimony is offered, provide the Court Reporter page and line designations and a non-condensed transcript copy.

Page and line designations for deposition testimony, along with a non-condensed copy of the transcript, must be provided to the Court Reporter before the testimony is offered.

CRITICALCivil cases

Complete exhibit redactions before offering the exhibit; if redacted after admission, re-mark it as an “A” exhibit and have the Court Reporter retain the unredacted original.

All redactions must be completed before an exhibit is offered. If an exhibit is redacted after admission, it shall be re-marked as an “A” exhibit, and the original unredacted version shall be retained by the Court Reporter for the record.

CRITICALCivil cases

Provide the Court Reporter copies of PowerPoint presentations and case law at the same time they are provided to the Court.

Copies of any PowerPoint presentations and any case law to be referenced shall be provided to the Court Reporter at the same time they are provided to the Court.

CRITICAL

Applies to

Court record

Any attempt at prohibited ex parte communication must be promptly disclosed to all parties involved in the case and documented in the court record.

Any attempt at prohibited ex parte communication must be promptly disclosed to all parties involved in the case and documented in the court record.

CRITICALCivil cases

When reading deposition testimony into the record, counsel must say “Question” and “Answer” before the respective portions.

When reading deposition testimony into the record, counsel must state “Question” and “Answer” before each respective portion.

CRITICALCivil cases

Applies to

Motion

A movant requesting an oral hearing on summary judgment must state the request in the motion title; otherwise, the motion will be placed on the submission docket.

If a movant requests an oral hearing, the request must appear in the title of the motion. For example: “[Party’s] Traditional Motion for Summary Judgment and Request for Oral Hearing.” If the request for oral hearing does not appear in the title of the motion, the motion will be placed on the Court’s submission docket.

CRITICALCivil cases

Applies to

Proposed order

Multiple motions must not be combined into one proposed order.

Do not combine multiple motions into a single proposed order.

CRITICALCivil cases

Every offered exhibit must be tendered to the Court Reporter whether admitted or not, and an assigned exhibit number cannot be reused.

Once an exhibit is offered—whether admitted or not—it must be tendered to the Court Reporter. An exhibit number, once assigned, may not be reused.

CRITICALCivil cases

Applies to

Motion

A party requesting an emergency hearing must file a written emergency motion with a detailed explanation establishing the basis for emergency relief.

To request an emergency hearing, a party must file a written emergency motion that provides a detailed explanation establishing the basis for emergency relief.

CRITICALCivil cases

Applies to

Proposed order

The order on a continuance must state its number, such as a third continuance.

The number of continuance MUST be included in the order. EX. "Plaintiffs order for a 3rd continuance"

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

The parties must file an Agreed Motion for Appointment of Guardian Ad Litem and a proposed appointment order.

The parties shall file an Agreed Motion for Appointment of Guardian Ad Litem and a proposed Order Appointing Guardian Ad Litem.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A certificate reporting only an unanswered letter or email is not a proper certificate of conference.

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

Notice of motion

Emailing or calling the Clerk to announce an intent to withdraw a summary-judgment motion does not withdraw it or comply with Rule 166a.

An email to, or telephone call with, the Clerk advising of an intent to withdraw the motion is insufficient and does not constitute withdrawal or compliance with Rule 166a.

CRITICALCivil cases

Parties requesting or agreeing to a summer trial setting must expressly waive any 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

Motion

Must include

proposed order

A motion seeking both a continuance and Docket Control Order amendment must expressly request the amendment, and its proposed order must provide for a new scheduling order; alternatively, the parties may submit a proposed amended scheduling order.

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. Alternatively, the parties may submit a proposed amended scheduling order for the Court’s consideration.