Harris County District Courts Document Filing Requirements

CRITICALCivil cases

Applies to

Adr

The standard docket control order requires the parties to complete alternative dispute resolution.

The court’s standard docket control order requires the parties to complete ADR.

CRITICALCivil cases

Applies to

Agreed motion and order

An agreed motion and order should include signature blocks for all parties agreeing to the requested relief and the specified agreement language.

If a motion is actually agreed, the motion and order should contain signature blocks for all parties that are agreed to the relief requested, and should state “AGREED AS TO SUBSTANCE AND FORM AND ENTRY REQUESTED.”

CRITICALCivil cases

Applies to

Rule 106 motion

Must include

proposed order

A Rule 106 motion should include the Court’s form order.

Any Rule 106 Motion should be accompanied by the court’s form order.

CRITICALCivil cases

Applies to

Interlocutory order

An interlocutory order should expressly identify the parties and claims dismissed and those remaining.

Interlocutory orders should expressly list which parties and claims are being dismissed and which remain (if any).

CRITICALCivil cases

Applies to

Rule 106 affidavit

The Rule 106 affidavit must list each service attempt with its date and time; six attempts are required, including at least one before 7:30 AM and two after 6:00 PM.

Each attempt at service, with date(s) and time(s)A total of 6 attempts are required. Must have at least 1 before 7:30 AM and 2 after 6:00 PM.

CRITICALCivil cases

Applies to

Motion to withdraw as attorney of record

Must include

certificate of conference

Motions to withdraw as attorney of record require a certificate of conference.

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

CRITICALCivil cases

Applies to

Case conduct

Violations of these procedures or other court orders or instructions are punishable by contempt.

Violations of these procedures (or of other orders and/or instructions of the court) are punishable by contempt.

CRITICALCivil cases

Applies to

Exhibit

An exhibit related to any witness’s criminal conviction must be shared with opposing counsel no later than Docket Call.

Any exhibit related to a criminal conviction of any witness MUST be shared with opposing counsel NO LATER than Docket Call.

CRITICALCivil cases

Applies to

Deposition excerpts

Deposition excerpts for any witness expected to testify by deposition must be provided to opposing counsel before Docket Call.

Provide to opposing counsel deposition excerpts for any witness anticipated to testify by deposition PRIOR to the docket call.

CRITICALCivil cases

Applies to

Trial binder

Counsel must provide a hardcopy trial binder to the Court.

Counsel must provide the Court with a hardcopy trial binder.

CRITICALCivil cases

Applies to

Notice of settlement

A notification of settlement must be filed when settlement is announced 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.

CRITICALCivil cases

Applies to

Motion to reinstate

If a case is DWOP'd for failure to file judgment/non-suit, counsel must file a motion to reinstate and formally set it for ruling.

If the case is DWOP'd due to failure to file judgment/non-suit, counsel will have to file a motion to reinstate the case and set the reinstatement formally before the Court for ruling.

CRITICALCivil cases

Applies to

Trial notebook

Trial notebooks must contain motion in limine and order, exhibit list, witness list, and proposed order on all objections.

All parties must prepare, exchange, and bring to the pretrial conference, a Trial Notebook that contains: * Motion in Limine and Order * Exhibit List * Witness List * Proposed Order on ALL Objections

CRITICALCivil cases

Applies to

Motion for substituted service

Motions for substituted service require an affidavit verifying at least 5 attempts of personal service.

Motions for Substituted Service will not be granted without an affidavit verifying that at least 5 attempts of personal service have been made.

CRITICALCivil cases

Applies to

Proposed jury charge

Parties must submit proposed jury charge/findings and final judgment via email in Word or on a thumb drive.

All parties are to submit a Proposed Jury Charge/Findings of Fact and Conclusions of Law and Proposed Final Judgment to the Court via email in Word Format or on a thumb drive.

CRITICALCivil cases

Applies to

Motion to retain

Must include

proposed order

To avoid DWOP after settlement, a motion to retain and proposed order must be filed.

If a judgment/non-suit has not been filed at the time of DWOP and counsel would like to maintain the case on the docket, a Motion to Retain must be filed with the Court. A Proposed Order must be filed in order for a Motion to Retain to be granted and avoidance of DWOP.

CRITICALCivil cases

Applies to

Motion to retain

Must include

proposed order

To retain a case on the DWOP docket, a motion to retain and proposed order must be filed.

A Motion to Retain and Proposed Order must be filed to retain the set case for dismissal on the Court's docket.

CRITICALCivil cases

Applies to

Certificate of conference

The certificate of conference must detail efforts to resolve issues and sufficient communication attempts; a bare statement of sending a letter is insufficient.

The Certificate of Conference should include a detailed statement of the movant’s efforts to resolve the issues in the motion with opposing counsel/party prior to filing the motion. 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. A statement along the lines of, "Counsel faxed, emailed, or mailed a letter to opposing counsel and they did not respond," is NOT sufficient to meet the requirement to confer.

CRITICALCivil cases

Applies to

Motion for emergency hearing

If only one side considers it an emergency, e-file a motion for emergency hearing.

If only one side feels it is an emergency, e-file a motion for emergency/expedited hearing.

CRITICALCivil cases

Applies to

Proposed order severance

Proposed order of severance must include the listed elements.

The proposed Order of Severance should include the following: How the severed case is to be styled. The new cause number- (A) (B) (C) The parties to be included in the severed case. All the pleadings that are to be severed into the new file, which include document title, document filed date, and image number. Whether the Order disposes of the severed case, or whether it will remain an active case; and Who will pay for the costs of severance.

CRITICALCivil cases

Applies to

Bench trial documents

Counsel must file Findings of Fact and Conclusions of Law and a Final Judgment before a bench trial.

Counsel shall file a Findings of Fact and Conclusions of Law and a Final Judgment with the Court prior to trial.

CRITICALCivil cases

Applies to

Motion for preferential setting

Must include

proposed order

Preferential setting requires a motion and proposed order, stating the reason, and a signed order.

Counsel must file a Motion and Proposed Order. The motion must notate the reason for need of the preferential setting. There must be a signed order in the case file for a case to be observed as a preferential setting case.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Motions require a certificate of conference unless they are for default judgment, summary judgment, or dismissal.

All Motions require a Certificate of Conference, with the following exceptions: Motion for Default Judgment, Motion for Summary Judgment and Motion to Dismiss.

CRITICALCivil cases

Applies to

Continuance motion

Must include

proposed order

A proposed order must accompany all motions for continuance.

A Proposed Order must be filed with all Motions for Continuances.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A proposed order must be filed with every motion and response before the hearing, or the hearing will be passed.

ALL Motions and Responses filed with the Court must have a Proposed Order filed with the Court before the hearing or the hearing will automatically be passed.

CRITICAL

Applies to

Notice of hearing

Must include

certificate of service

Opposed matters require scheduling a hearing and filing a notice of hearing with a certificate of service; otherwise the court will not rule.

If your matter is opposed and you do not schedule your hearing and file a notice of hearing with a certificate of service, the court will not make a ruling.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of service

Withdrawal motions must include a statement of circumstances, a certificate with client contact info, a copy of the notice letter with specified contents, and proof of service if the client has not agreed.

The motion must contain: a statement of the particular circumstances and disciplinary rules requiring withdraw; a certificate of the attorney of record of the client’s name, address, telephone number, e-mail address and the last known time the information was correct; 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 extensions will be granted to the pro se client in order to obtain other counsel; and (e) notice of the hearing at which the motion to withdraw will be considered; and If the client has not agreed to the withdraw, proof of service of the letter described above must be filed.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of service

Rule 106 motions may be submitted without an oral hearing but must include an affidavit with specified service details.

Rule 106 Motions can be submitted to the Court without the need for an oral hearing but 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; identity of persons who were present at the subject address and what was said; and identity of cars in driveway, other indications that defendant resides at the subject address, or other evidence that service as proposed is likely to give the defendant actual notice of the lawsuit.

CRITICALCivil cases

Applies to

Exhibits

Demonstrative exhibits and PowerPoint presentations must be shown to all parties before being shown to the jury.

All demonstrative exhibits and Power Point presentations must be shown to all parties before being shown to the jury.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

Discovery motions must include a brief description of the dispute, a certificate of conference with details of discussions, and copies of the discovery requests and responses at issue.

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

CRITICALCivil cases

Applies to

Trial notebook

Parties must prepare, exchange, and bring a Trial Notebook containing live pleadings, witness lists, exhibit lists, motions in limine, deposition excerpts, and proposed jury charges.

The parties must prepare, exchange and bring to the pretrial conference, a Trial Notebook that contains: live pleadings; witness lists (with estimated time for examination and cross-examination of each); exhibit lists (including copies of exhibits and any objections); motions in limine and objections; deposition excerpts and objections; and proposed jury charges.

CRITICALCivil cases

Applies to

Settlement

A Guardian Ad Litem is required for settlements involving minor children unless the Court approves proceeding without one at an in-person status conference.

A Guardian Ad Litem will be required for all settlements involving minor children, unless the Court has been advised of same and approved proceeding without a guardian ad litem during an in person status conference.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A certificate of conference is required for all motions, pleas, and special exceptions, with specific exceptions for dispositive motions, default judgments, voluntary dismissals/non-suits, and service-of-citation motions.

A certificate of conference is required for all motions, pleas, and special exceptions except for: dispositive motions, including motions for summary judgment; default judgments; motions for voluntary dismissal or non-suit; and motions involving service of citations.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Parties must submit an agreed motion and order for appointment of a Guardian Ad Litem; the Court selects the GAL and informs the parties.

The parties are to submit an agreed motion and order for appointment of a Guardian Ad Litem. The Court will then select the Guardian Ad Litem for that case, and will inform the parties of the Court's decision.

CRITICALCivil cases

Applies to

Proposed order

The proposed Order of Severance must include styling, new cause number, parties, pleadings to sever, disposition status, and cost responsibility.

The proposed Order of Severance should include the following: how the severed case is to be styled; the new cause number; the parties to be included in the severed case; all the pleadings that are to be severed into the new file; whether the Order disposes of the severed case, or whether it will remain an active case; and who will pay for the costs of severance.

CRITICALCivil cases

Applies to

Certificate

Must include

certificate of conference

Certificates of conference must include the method and timing of conferral, the names of participants, and whether relief is opposed or agreed.

Certificates of conference must state: how and when parties conferred on the matters on which relief is sought; the names of the attorneys/parties who conferred; and whether the relief is opposed, agreed, or agreed in part.

CRITICALCivil cases

Applies to

Motion

To request remote testimony via Zoom, file an agreed motion for leave set for oral hearing, including a sworn statement with specific equipment, setting, and exhibit requirements.

If a party would like to request permission from the Court to have a witness appear for trial via Zoom, a motion requesting leave for this purpose should be filed and set for oral hearing. The Motion for Leave must be agreed, and must include a sworn statement from the attorney presenting the witness that: They have ensured that the witness has available electronic equipment sufficient to host such testimony and that the attorney and witness have personally tested the equipment to ensure it works and everyone involved knows how to use the equipment; The witness will be testifying in a neutral setting with no room decoration within view of the camera; The witness will be the only person in the room; and A complete set of all exhibits (or select exhibits as agreed upon by all counsel in cases with more than 50 total exhibits), in hard copy, have been delivered to the witness, and that the witness will have all exhibits available for testimony.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Every motion and response must have a proposed order filed before the hearing.

All motions and responses must have a proposed order filed in advance of the hearing on that motion.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

At least 24 hours before the minor settlement hearing, parties must present the proposed Judgment and the Supreme Court ad litem fee report.

At least 24 hours prior to the time of the hearing, the parties are to present the proposed Judgment, as well as the Supreme Court ad litem fee report.

WARNINGCivil cases

Applies to

Motion for severance

Must include

proposed order

Severance motion must state basis and proposed order must include listed items.

Motions for Severance may be set either for submission or oral hearing. The motion must state the basis for the severance. The proposed Order of Severance should include the following: how the severed case is to be styled; the cause number; the parties to be included in the severed case; all the pleadings that are to be severed into the new file; whether the Order disposes of the severed case, or whether it will remain an active case; and who will pay for the costs of severance.

WARNINGCivil cases

Applies to

E filed document

E-filed documents must have full title in description field, separately filed exhibits with numbers, and no all caps.

When filing documents, please type the entire title of your pleading in the description field and clearly label all exhibits. Do not use all caps. Each exhibit should be filed separately. Exhibits should be numbered, not by letter.

WARNINGCivil cases

Applies to

Rule 106 motion

Parties requesting an Order for Substituted Service under Rule 106 should use the court’s suggested form: 190TH Order Granting Rule 106 Substitute Service.docx. Rule 106 Motions can be submitted to the Court without the need for an oral hearing but 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; identity of persons who were present at the subject address and what was said; and identity of cars in driveway or other indications that defendant resides at the subject address.

Parties requesting an Order for Substituted Service under Rule 106 should use the court’s suggested form: 190TH Order Granting Rule 106 Substitute Service.docx. Rule 106 Motions can be submitted to the Court without the need for an oral hearing but 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; identity of persons who were present at the subject address and what was said; and identity of cars in driveway or other indications that defendant resides at the subject address.

WARNINGCivil cases

Applies to

Temporary injunction

Must include

proposed order

Moving party must submit proposed temporary injunction order before hearing starts.

The moving party must submit a proposed temporary injunction order before the hearing begins.

WARNINGCivil cases

Applies to

Discovery motion

Must include

proposed order

Discovery motion proposed orders must list each issue separately, and both movant and non-movant must submit proposed orders.

Proposed orders should list each discovery issue separately. Both the movant and non-movant must submit a proposed order.

WARNINGCivil cases

Applies to

Default judgment

HOA default judgment motions must be set for oral hearing and include review of lien language, deed, and accounting.

Motions for Default Judgment based upon unpaid assessments or deed restriction violations must be set for an oral hearing; however, a board member or property manager does not need to be present at the hearing. The Court would like to review the following three documents at the hearing: the lien foreclosure language in the declarations; the deed; and the accounting.

WARNINGCivil cases

Applies to

Minor settlement

Must include

proposed order

For settlements involving minors with conflict of interest, parties must submit agreed motion/order for Guardian Ad Litem, and at hearing present proposed judgment and ad litem fee report.

A Guardian Ad Litem will be required for all settlements involving minor children. This applies when there is a conflict of interest between the minor(s) and the parent or legal guardian. The parties are to submit an agreed motion and order for appointment of a Guardian Ad Litem. The Court will then select the Guardian Ad Litem for that case, and will inform the parties of the Court's decision. Once a Guardian Ad Litem has been appointed, the parties may contact the Court Clerk in order to obtain a Minor Settlement hearing date. At the time of the hearing, the parties are to present the proposed Judgment, as well as the Supreme Court ad litem fee report.