Hays County Courts at Law Pre-Motion Conference Requirements

CRITICAL

After obtaining at least three possible dates and times and before requesting a specific hearing setting, the requesting party must make reasonable efforts to confer about scheduling, hearing duration, and the motion’s substance.

(1) Reasonable Efforts to Confer. After obtaining three or more possible dates and times from the Court Coordinators but prior to requesting that the Court Coordinators set a specific request for relief for a hearing (including a trial) at a particular date and time, the requesting party must make reasonable efforts to speak to or confer with the other party or parties, including any pro se party and any appointed attorney ad litem or guardian ad litem, regarding: (A) The date and time of the hearing, (B) The time needed for the entire hearing for all participants, so that the time estimate the party must include in the hearing request is as accurate as possible, and (C) The substance of the motion in a genuine effort to narrow their disputes before seeking court intervention.

INFO

The parties need not agree on the hearing setting, and Court Coordinators may set a hearing in coordination with the requesting party if agreement cannot be reached.

(4) Agreement Not Required. The requirement of a certificate of conference confirming that the parties have attempted to confer about the date and time of a setting and time required for the hearing is not a requirement that the parties must agree on the date and time of setting. If a party desiring a setting for a hearing is unable to reach an agreement with the other parties, the Court Coordinators may set a hearing in coordination with the party desiring a hearing.