Hays County Courts at Law Filing Timing and Cure Windows

CRITICAL

A party filing a motion to retain must file any objection to mediation at the same time.

Parties filing motions to retain must file any objection to mediation simultaneously with a motion to retain.

CRITICALCriminal cases

Proposed charges must be submitted by the morning of the last day of trial, unless otherwise ordered.

Proposed charges (including any deviation from pattern language) shall be submitted to the Court no later than the morning of the last day of trial unless otherwise ordered.

CRITICAL

A waiver of arraignment must be e-filed before the setting or presented to the Court for filing at the setting to eliminate the client's appearance requirement.

Legal counsel for defendants will eliminate the requirement that their client appear at an Arraignment Setting if counsel e-files a waiver of arraignment before the date and time of the setting or presents such waiver to the Court for filing at the setting.

CRITICALCivil cases

Parties seeking affirmative relief must designate experts 90 days before the end of discovery under TRCP 195.2(a).

EXPERT DESIGNATIONS: Parties seeking matters affirmative relief - 90 days before end of discovery (TRCP 195.2(a)).

CRITICALCivil cases

In contested capacity matters, updated medical or psychological evaluations must be filed at least 45 days before trial.

c) Medical/Psychological Evaluations: In contested capacity matters, updated evaluations shall be filed at least 45 days before trial.

CRITICALCivil cases

Initial disclosures under TRCP 194.2 are due 30 days after the first answer or appearance.

30 days after first answer or appearance REQUIRED INITIAL DISCLOSURES: TRCP 194.2 disclosures due.

CRITICALCivil cases

Any challenges to experts must be filed 42 days before the initial trial setting.

E. Challenges to Experts: (42 days before initial trial setting) The parties are to file any challenges to experts by this date.

CRITICALCivil cases

Parties seeking affirmative relief must designate experts 90 days before the end of discovery.

Parties seeking affirmative relief - 90 days before end of discoverv (TRCP 195.2(a)).

CRITICALCivil cases

Interested persons must be served by the initial hearing or within 30 days thereafter.

At initial hearing or 30 days thereafter SERVICE & JOINDER: All interested persons must be served as required by the Texas Estates Code.

CRITICALCivil cases

Fact witness lists must be exchanged 45 days before trial and include contact information and subject matter.

45 days before trial FACT WITNESS LISTS: Exchange with contact info and subject matter.

CRITICAL

The parties must submit a copy of the Mediator’s report to the Court Coordinators on the day it is filed with the Clerk.

(2) The parties must also submit a copy of the Mediator’s report to the Court Coordinators on the same day it is filed with the Clerk.

CRITICAL

A party receiving notice of a motion to retain must file any objection to mediation at least 7 days before the DWOP Docket date specified in the notice.

Parties receiving notice of a motion to retain must file any objection to mediation at least seven (7) days prior to the DWOP Docket date specified in the notice of that Docket.

CRITICALCivil cases

The parties must supplement and file agreed stipulations and propose any agreed schedule changes by 30 days before the initial trial setting.

F. Filing of Stipulated Facts & Contested Issues, Schedule Change: (30 days before initial trial setting) The parties are to supplement any agreed stipulations and file them with the Court and are to propose any agreed schedule changes, if any, by this date.

CRITICALCivil cases

No-evidence summary judgment motions follow discovery, and all dispositive motions must be heard by the dispositive motion deadline.

By dispositive motion deadline DISPOSITIVE MOTIONS: No-evidence SJ after discovery; all dispositive motions heard by this date.

CRITICALCivil cases

Each party must respond to the other party’s disputed-fact list with reasons for each disagreement by 45 days before the initial trial setting.

C. Responses to Contested Issues: (45 days before initial trial setting) Each party will respond with the reasons that the party did not agree on each disputed fact on the other party's list of disputed facts by this date.

CRITICALCivil cases

90 days after initial hearing in contested EXPERT DESIGNATIONS: Parties seeking matters affirmative relief - 90 days before end of discoverv (TRCP 195.2(a)).

90 days after initial hearing in contested EXPERT DESIGNATIONS: Parties seeking matters affirmative relief - 90 days before end of discoverv (TRCP 195.2(a)).

CRITICALCivil cases

All motions challenging expert testimony must be heard by the expert challenge deadline.

By expert challenge deadline CHALLENGES TO EXPERT TESTIMONY: All motions heard by this date.

CRITICALCivil cases

Within 30 days of appointment as guardian, the guardian must complete training, take the oath, and post bond as required.

Within 3 0 days ofappointment as guardian GUARDIANSHIP TRAINING & OATH/BOND: Complete training, take oath, and oost bond as required.

CRITICALCivil cases

In contested capacity matters, updated medical or psychological evaluations must be filed at least 45 days before trial.

3. Medical/Psychological Evaluations: In contested capacity matters, updated evaluations shall be filed at least 45 days before trial.

CRITICALCivil cases

Fact witness lists must be exchanged 45 days before trial and include contact information and subject matter.

45 days before trial FACT WITNESS LISTS: Exchange with contact info and subject matter.

CRITICAL

The required e-filing must occur before the party can obtain a setting on the request for relief.

(a) Before Requesting a Setting. The party requesting a setting must e-file the motion, petition, or request for relief on which the party requests to be heard before the party can obtain a setting on that request for relief.

CRITICALCivil cases

TRCP 194.2 initial disclosures are due 30 days after the first answer or appearance.

30 days after first answer or appearance REQUIRED INITIAL DISCLOSURES: TRCP 194.2 disclosures due.

CRITICALCivil cases

All discovery must be completed by the end of the discovery period; incomplete discovery will not delay trial.

End of discovery period DISCOVERY DEADLINE: All discovery completed; incomplete discovery will not delay trial.

CRITICALCivil cases

TRCP 194.2(f)(4) expert reports are due 60 days before trial.

60 days before trial EXPERT REPORTS: TRCP 194.2(f)(4) reports due.

CRITICALCivil cases

The background check must be submitted to the Court within the time specified by order.

The background check shall be obtained in accordance with the requirements of the Texas Estates Code and submitted to the Court within the time specified by order, and no guardianship shall be accepted, confirmed, or letters issued until compliance with this requirement is established.

CRITICALCivil cases

No-evidence summary judgment motions follow discovery, and all dispositive motions must be heard by the dispositive motion deadline.

By dispositive motion deadline DISPOSITIVE MOTIONS: No-evidence SJ after discovery; all dispositive motions heard by this date.

CRITICALCivil cases

The inventory, appraisement, and list of claims must be filed within 60 days after appointment as required by the cited Estates Code provisions.

60 days after appointment INVENTORY, APPRAISEMENT, & LIST OF CLAIMS: File as required by Estates Code §§ 309.051-.056 or § 1154.051.

CRITICALCivil cases

All discovery must be completed by the end of the discovery period, and incomplete discovery will not delay trial.

End of discovery period DISCOVERY DEADLINE: All discovery completed; incomplete discovery will not delay trial.

CRITICALCivil cases

The parties must cooperate in completing the Court-ordered ADR procedure, including mediation, by 45 days before the initial trial setting.

D. Alternative Dispute Resolution: (45 days before initial trial setting) The parties will cooperate in completing an ADR procedure, under the terms and conditions that the Court orders. Any such procedure, including mediation, will be completed by this date.

CRITICALCivil cases

Mediation must be completed by the mediation deadline, and the mediator must e-file a letter by that deadline.

By mediation deadline ALTERNATIVE DISPUTE RESOLUTION: Mediation to be completed; mediator to e-file letter.

CRITICALCivil cases

Dispositive motions and pleas must be filed 63 days before the initial trial setting unless the Court orders otherwise.

A. Dispositive Motions & Pleas: (63 days before initial trial setting) All motions and pleas that, if the Court grants, would dispose of all or part of the case shall be filed by this date, unless the Court orders otherwise.

CRITICALCivil cases

By 21 days before the initial trial setting, each party must provide the Court and other parties its trial exhibits, exhibit list, deposition designations, and ordered witness list with direct-testimony time estimates, subject to the stated impeachment and rebuttal exceptions.

G. Pre-Trial Exchange: (21 days before initial trial setting) The parties are to provide the Court and all other parties, with: 1. Exhibits that the party intends to offer at trial with exhibit numbers (except for exhibits that a party may use for impeachment or rebuttal); 2. Exhibits list cross-referenced to each exhibit with a description of the exhibit; 3. Deposition excerpts (the party will identify each deposition that the party intends to offer at trial, by video or otherwise, and designate the page and line numbers of those portions the party intends to offer at trial), and 4. A list of the witnesses that the party intends to call at trial (except for witnesses that a party may use for impeachment or rebuttal) in the order in which the party intends to call those witnesses and an estimate of time for each witness' direct testimony.

CRITICALCivil cases

Expert reports under TRCP 194.2(f)(4) are due 60 days before trial.

60 days before trial EXPERT REPORTS: TRCP 194.2(f)(4) reports due.

CRITICALCivil cases

All other expert designations are due 60 days before the end of discovery.

60 days before the end of discovery EXPERT DESIGNATIONS: All other experts -TRCP 195.2(b).

CRITICAL

An objection to a motion to retain must be filed at least 7 days before the DWOP Docket date specified in the notice.

Any objection to a motion to retain must be filed at least seven (7) days prior to the DWOP Docket date specified in the notice of that Docket.

CRITICALCivil cases

All other experts must be designated 60 days before the end of discovery under TRCP 195.2(b).

60 days before end of discovery EXPERT DESIGNATIONS: All other experts - TRCP 195.2(b).

CRITICAL

Unless the Court orders otherwise, the prevailing party must reduce rendered orders and judgments to writing and submit them within 14 days of rendition.

Unless the Court orders otherwise, the prevailing party or parties must reduce to writing all orders and judgments that the Court rendered and submit that order or judgment to the Court not later than fourteen (14) days from the date of rendition.

CRITICALCivil cases

All motions challenging expert testimony must be heard by the expert challenge deadline.

By expert challenge deadline CHALLENGES TO EXPERT TESTIMONY: All motions heard by this date.

CRITICAL

The parties must ensure that the Mediator’s report is filed with the Clerk no later than 30 days before the first day set for trial.

(1) The parties are responsible for ensuring that the Mediator’s report is filed with the Clerk not later than thirty (30) days before the first day set for trial.

CRITICALCivil cases

Responses to other motions are due no later than 11 days before trial.

H. Other Motions: (14 days before trial, responses no later than 11 days before trial) Responses are due no later than 11 days before trial.

CRITICALCivil cases

The inventory, appraisal, and list of claims must be filed within 60 days after appointment, as required by the cited Estates Code provisions.

60 days after appointment INVENTORY, APRAISMENT, & LIST OF CLAIMS: File as required by Estates Code &&309.051-.056 or &1154.051.

CRITICAL

For the three-day notice required by Texas Rule of Civil Procedure 21, Saturdays, Sundays, and legal holidays are not counted unless notice is given by mail; notice for a Monday motion hearing must be given by Wednesday.

Consistent with Rules 4, 21, and 21a of the Texas Rules of Civil Procedure, the Courts will not count Saturdays, Sundays, or legal holidays when calculating the three-day notice required by Rule 21 of the Texas Rules of Civil Procedure, except when notice has been given by mail. Accordingly, a party must give notice by Wednesday for a motion hearing set on Monday.

CRITICAL

The first retained attorney must file the letter of representation within five business days after retention.

(a) Retained. The first attorney that a defendant retains shall file a letter of representation with the Clerk of the Court within five (5) business days of the date the defendant retains that attorney.

CRITICALCivil cases

The schedule sets a 90-day-after-initial-hearing deadline in contested matters for the associated expert-designation activity.

90 days after initial hearing in contested matters

CRITICALCivil cases

H. Other Motions: (14 days before trial, responses no later than 11 days before trial) All parties will file all other motions, including any motions in limine, objections to evidence, or motions to exclude evidence by this date.

H. Other Motions: (14 days before trial, responses no later than 11 days before trial) All parties will file all other motions, including any motions in limine, objections to evidence, or motions to exclude evidence by this date.

CRITICAL

A motion to retain must be filed at least 14 days before the DWOP Docket date specified in the notice.

Motions to retain must set forth the factual and legal basis for retaining the Case on the Courts’ dockets and must be filed at least fourteen (14) days prior to the DWOP Docket date specified in the notice of that Docket.

CRITICALCivil cases

All amendments and supplements must be filed by the pleadings deadline, and prompt filings to timely pleadings are allowed.

By pleadings deadline PLEADINGS: All amendments and supplements filed; prompt filings to timely pleadings allowed.

CRITICALCivil cases

The parties must exchange proposed stipulated facts, confer in good faith, prepare the joint statement, and file it with the Clerk by 49 days before the initial trial setting.

B. Proposed Stipulated Facts: (49 days before initial trial setting) The parties will exchange proposed stipulated facts and confer in good faith to prepare a Joint Statement of Stipulated Facts, by this date and file this with the Clerk of the Court.

CRITICAL

Applies to

Vacation notice

The attorney in charge must file the vacation notice at least 90 days before the designated vacation period, and the notice applies only to cases not already scheduled for a hearing or trial.

The attorney in charge of the Case must file this notice at least ninety (90) days in advance of each designated period of vacation, and such notice shall apply only to cases not already scheduled for a hearing or trial.

CRITICAL

Appointed counsel must file a certificate of contact within ten business days after receiving notice of appointment.

(b) Appointed. An attorney who the Court appoints to represent a defendant need not file a letter of representation but shall file a certificate of contact with the Indigent Defense Counsel Office within ten (10) business days of that attorney’s receiving notice of an appointment.