Harris County District Courts Document Filing Requirements

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A motion requiring a conference will be passed unless its certificate confirms an actual discussion about the requested relief or explains why no discussion occurred.

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

Counsel questioning a witness about an exhibit must have a complete set of relevant exhibits available while the witness is on the stand.

If a party intends to question a witness about an exhibit, counsel must have a complete set of the relevant exhibits available for that witness while the witness is on the stand.

CRITICALCivil cases

Applies to

Motion

A severance motion must state its basis.

The motion must state the basis for the severance.

CRITICALCivil cases

Applies to

Notice of motion

To withdraw a summary-judgment motion, file a written notice titled “Notice of Withdrawal of Motion for Summary Judgment” that identifies the 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

Proposed order

A proposed continuance order must include a new trial date or a blank line for the Court to consider or insert one.

The proposed order MUST include a date or in the alternative, a blank line for the Court to consider or insert the new trial date.

CRITICALCivil cases

Applies to

Motion

A party seeking an oral hearing on a motion set for submission 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

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

Response

A non-movant requesting an oral hearing on summary judgment must state the request in the response title.

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

CRITICALCivil cases

In a non-jury trial, counsel must prepare and exchange proposed findings and conclusions and any closing argument briefs, and provide copies to the Court.

In addition, counsel must prepare and exchange proposed Findings of Fact and Conclusions of Law, as well as any closing argument briefs, and provide copies to the Court.

CRITICALCivil cases

Applies to

Motion

A default-judgment motion seeking attorney’s fees must include a competent-evidence affidavit 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

Before trial, each party must give the Court Reporter its marked original exhibits and a corresponding exhibit list.

Before trial begins, each party shall provide the Court Reporter with its marked original exhibits and a corresponding exhibit list.

CRITICALCivil cases

Accurate exhibit lists must be provided to both the Court and the Court Reporter.

Accurate exhibit lists must be provided to both the Court and the Court Reporter.

CRITICALCivil cases

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

Notice of motion

After a hearing date is assigned, the requesting party must file and serve a Notice of Oral Hearing on all counsel and self-represented litigants, identifying each motion by its exact title.

Once a hearing date is assigned, the requesting party must file a Notice of Oral Hearing and serve it on all counsel and self-represented litigants. The notice must state the exact title of each motion to be heard.

CRITICALCivil cases

Applies to

Motion

An emergency motion must state that notice was provided 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

Severance motion and order

A severance motion and order must state the new case number, court number, case type, and style name.

New case number, court number, case type and new style name;

CRITICALCivil cases

Applies to

Rule 106 affidavit

The Rule 106 affidavit must identify persons present at the address and state what was said.

Identity of persons who were present at the subject address and what was said; and

CRITICALCivil cases

Applies to

Rule 106 affidavit

The Rule 106 affidavit must describe efforts to verify that the defendant lives or works at the address.

Efforts taken to verify that defendant actually lives or works at the subject address;

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

Severance motion and order

A severance motion and order must identify the attorney name, address, and bar number for assessment of severance costs.

Indicate attorney name, address and bar number to whom costs for the severance are to be assessed; and

CRITICALCivil cases

Applies to

Motion and proposed order to withdraw

A withdrawal motion and order must state whether the client consents.

An indication of whether or not the client consents to the motion;

CRITICALCivil cases

Applies to

Motion and proposed order to withdraw

A motion and proposed order to withdraw as attorney of record must include the specified client-notice, consent, contact, and hearing-right information.

All motions AND proposed orders to withdraw as attorney of record MUST contain the following:

CRITICALCivil cases

Applies to

Rule 106 affidavit

The Rule 106 affidavit must include a public-record or similar database printout confirming the person resides at the service address.

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.

CRITICALCivil cases

Applies to

Severance motion

This should be expressly stated one way or the other in the motion for severance.

This should be expressly stated one way or the other in the motion for severance.

CRITICALCivil cases

Applies to

Hearing notice

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

Rule 106 substituted service motion

A Rule 106 substituted-service motion must include an accompanying affidavit containing the specified information.

All motions for substituted service under Rule 106 must be accompanied by an affidavit that includes the following information:

CRITICALCivil cases

Applies to

Severance motion and order

A severance motion and order must state the severed case’s status and whether it will be interlocutory or final and appealable upon severance.

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.

CRITICALCivil cases

Applies to

Non suit motion notice or order

Non-suit motions, notices, and orders should expressly state that they are filed under Texas Rule of Civil Procedure 162.

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.

CRITICALCivil cases

Applies to

Trial materials

The parties must exchange the listed trial materials before Docket Call.

The Court requires the parties to actually exchange proposed Jury Charges, Motions in Limine, Exhibit Lists, actual exhibits, party/attorney lists, Witness Lists, and deposition excerpts BEFORE the Docket Call.

CRITICALCivil cases

Applies to

Motion and proposed order to withdraw

A withdrawal motion and order must indicate that the motion and hearing or submission notice were provided to the client and include evidence that the motion was mailed.

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;

CRITICALCivil cases

Applies to

Certificate of conference

Must include

certificate of conference

A certificate of conference must expressly describe efforts to resolve the motion with all other parties or counsel before filing.

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

Case conduct

Throughout a case, parties, counsel, agents, and representatives must comply with the stated Texas procedural and professional-conduct rules, as applicable.

Throughout the pendency of a case, the parties, all counsel, and their agents or representatives shall comply with the Texas Rules of Civil Procedure, the Texas Disciplinary Rules of Professional Conduct, and the Texas Lawyers’ Creed – A Mandate for Professionalism (as applicable).

CRITICALCivil cases

Applies to

Default judgment submission

Submit the proper non-military affidavit using the Defense Manpower Data Center Military Verification service.

Please submit the proper non-military affidavit by visiting the Defense Manpower Data Center’s (DMDC) Military Verification service at https://scra.dmdc.osd.mil.

CRITICALCivil cases

Applies to

Motion and proposed order to withdraw

A withdrawal motion and order must provide the client’s last known mailing address, email, phone number, and fax number.

The last known mailing address, email, phone and fax number of client; and

CRITICALCivil cases

Applies to

Motion and proposed order to withdraw

The client must be notified of the right to appear and object at the hearing or file a response before submission.

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;

CRITICALCivil cases

Applies to

Continuance or reset motion

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

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

Motions pleas and special exceptions

Must include

certificate of conference

The conference-certificate requirement extends to motions, pleas, and special exceptions, except for the listed categories.

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

Severance motion and order

A severance motion and order must list the original pleadings to be transferred and each pleading’s document type, activity date, page count, and image number.

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);

CRITICALCivil cases

Applies to

Severance motion and order

A severance motion and order must identify the parties in the new suit.

Reference the parties in the new suit;

CRITICALCivil cases

Applies to

Trial or pretrial deadline continuance motion

Trial or pretrial-deadline continuance motions must include an appropriate affidavit unless agreed.

Motions for trial or pretrial deadline continuances MUST to be accompanied by an appropriate affidavit, unless they are agreed.

CRITICALCivil cases

Applies to

Continuance or reset motion

Every continuance or reset motion must identify its sequence 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

Non suit dismissal or judgment

Non-suits, dismissals, and judgments should be titled as interlocutory or final.

All non-suits, dismissals and judgments should be titled as interlocutory or final.

CRITICALCivil cases

Applies to

Application

Applicants seeking inclusion on the Court’s list must submit a written request and complete resume, should list special capabilities, and must confirm current professional liability coverage.

Those wishing to be included in the Court’s list must submit a written request with a complete resume that details the nature of the applicant’s experience as a civil trial practitioner.  Special capabilities, such as fluency in languages other than English, background in finance,  and the like, also  should  be listed.  Applicants also must confirm that professional liability coverage is in effect and will remain current.

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 TRCP-required certificate of conference, 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

Certificate of conference

Must include

certificate of conference

If the other side cannot be reached before filing, the certificate should describe communication efforts and be supplemented as soon as possible after conferral occurs.

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.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Motions must include certificates of conference when required by the Texas Rules of Civil Procedure and local rules.

Motions must have certificates of conference as required by the Texas Rules of Civil Procedure and our local rules.

CRITICALCivil cases

Applies to

Discovery motion or hearing request

Must include

certificate of conference

Discovery motions and discovery-hearing requests must include a certificate stating that a reasonable attempt to resolve the dispute without Court intervention 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

Default judgment motion and proposed judgment

A default-judgment motion and proposed judgment must identify whether the 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

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.

CRITICALCivil cases

Applies to

Severance motion and order

Severance motions and orders must include each of the specified case and transfer details.

All motions AND orders for severance MUST contain the following: