Hood County Court at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements3 rules
Prior to commencement of trial all exhibits will be marked, exchanged and examined by the counsel so that the trial will not be delayed by such examination.
- Exhibits
Formatting
- •All exhibits must be marked before commencement of trial
The required civil jury-trial materials must be submitted in writing and on computer disc in Microsoft Word® format.
Court's wording
In all civil jury trial cases, anticipated special questions, definitions and instructions shall be submitted to the Court in writing and on computer disc in Microsoft Word® format at the pre-trial hearing, or if there is no pre-trial hearing, seven (7) days prior to the beginning of the trial, with copies to opposing counsel or pro se parties.
It is recommended that each party file this inventory in a form substantially similar to Form 5-1 of the Texas Family Law Practice Manual published by the State Bar of Texas.
Document Filing Requirements29 rules
A continuance motion must follow the applicable Texas procedure and be accompanied by an order setting the motion for a hearing.
Court's wording
Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as amended or Article 29.01, Texas Code of Criminal Procedure, as applicable, and the motion must be accompanied by an order setting the motion for a hearing.
When presenting an ex parte application, counsel must certify in writing that the opposing party is unrepresented or that the stated notice conditions apply; the rule excludes specified protective and domestic temporary restraining orders.
Court's wording
RULE 2.1. APPLICATION FOR EX PARTE ORDERS (EXCLUDING FAMILY VIOLENCE PROTECTIVE ORDERS AND DOMESTIC TEMPORARY RESTRAINING ORDERS) Counsel presenting any application for an ex parte order shall, at the time the application is presented to the Court, certify in writing that: a. to the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or b. if the party against whom the relief is sought is represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) counsel presenting the application has diligently attempted to notify opposing counsel, has been unable to do so, and the circumstances do not permit additional efforts to give such notice.
After an answer is filed or the opposing party appears, a party may request a trial or pretrial setting using either of the specified written or oral procedures, and every setting request must estimate the court time required.
Court's wording
At any time after the filing of an answer or entry of an appearance by the opposing party, any party may request a setting for a trial on the merits or, where applicable, a pretrial hearing, by (i) filing with the Court a motion requesting a hearing, and an order setting the hearing, accompanied by a certificate of service to opposing counsel; or (Il) orally requesting the Court to schedule the hearing and confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure, as amended. All requests for a setting shall include an estimate of the amount of court time required for the hearing.
If the parties cannot agree on an ADR referral, one party must notify the Court in writing that coordination efforts were unsuccessful.
Court's wording
If the parties are unable to cooperate or agree to a referral of such issues to an ADR procedure, then upon written notification to the Court by one of the parties that efforts to coordinate a referral have been unsuccessful, the Court, without a hearing, shall enter an order of referral to an ADR procedure, and under such terms and conditions selected by the Court.
If further plea negotiations are conducted; and the standard offer is altered by a prosecutor, the plea offer must be agreed upon and documented in the State's file before the case is moved to a plea docket;
Each criminal file shall contain the standard plea offer for each case.
Immediately upon employment or Court appointment, the defense attorney shall give written notice thereof to the County Attorney and the County Clerk stating the name of the accused, the offense(s) charged and caused number, if known.
A sworn affidavit by the attorney verifying that he/she has completed such annual education requirement must be filed with the Court on or before December 31 of each year.
When temporary support of a spouse or child is at issue, each party must furnish available tax returns for the two prior calendar years and specified income records covering the prior calendar year and the current year through the hearing date.
Court's wording
In all cases in which temporary support of a spouse and /or the child is in issue, each party shall be required to furnish: 1. Copies of that party's federal income tax returns for the two calendar years prior to the temporary hearing, if available. 2. All payroll statements, pay stubs, W2 forms, and 1099 forms which evidence that party's earning for the calendar year prior to the temporary hearing and from January 1 of the current year through the date of the temporary hearing.
In all cases involving a request for the division of the community estate by the Court, each party is required to submit a proposed division of the estate setting out and identifying the property and debts to be divided.
Each party who completes the course must file a certificate of completion with the court.
Court's wording
Each party completing the course shall file a certificate of completion with the court within thirty (30) days of completion of the course, or at the time of that party's next court appearance, whichever is sooner.
Each order or decree which provides for child support to be paid through the registry of the District Clerk of Hood County, Texas, shall include and shall be deemed to include, an application for child support services.
In all cases in which the character, value or division of property or debts is in issue, each party shall file, not less than thirty (30) days prior to a trial, a sworn inventory and appraisement of all of the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.
Counsel and self-represented parties appearing on the uncontested docket must have completed the necessary concluding documents, including the listed items; otherwise, the case will be set on the next available contested docket.
Court's wording
All counsel or pro se parties are required to have completed all documents necessary to conclude the legal matters before the Court including, but not limited to: a. Final Judgment or Final Orders b. State of Texas reporting forms c. Employer's Order Withholding d. QUDRO documents e. Statement of last known address of defaulting party Affidavit of non-military status of defaulting party. Should counsel or pro se parties appear without the same, the case will be thereafter set on the next available contested docket.
At the time the parties report for trial they will deliver to the Court, the Court Reporter and the other parties a witness list and exhibit list and any motion in limine.
Counsel intending to offer videotaped depositions or other films at trial, except those offered solely for impeachment, must make such tapes and films available
In civil jury trials, anticipated special questions, definitions, and instructions must be submitted to the Court.
Court's wording
In all civil jury trial cases, anticipated special questions, definitions and instructions shall be submitted to the Court in writing and on computer disc in Microsoft Word® format at the pre-trial hearing, or if there is no pre-trial hearing, seven (7) days prior to the beginning of the trial, with copies to opposing counsel or pro se parties.
The prosecution must produce its witness list, including the specified lay, expert, and reasonably anticipated rebuttal witnesses, before jury voir dire begins.
Court's wording
8. The witness list for the prosecution shall be produced to the defense prior to commencement of the jury voir dire examination. Such list shall include all witnesses, whether lay or expert, including witnesses under Rule 701 Texas Rules of Evidence, together with all rebuttal witnesses whose use can be reasonably anticipated by the State;
The State must provide scientific reports regarding evidence it could offer at trial, reduce nonexistent reports to writing within a reasonable time, and include the specified expert and opinion information.
Court's wording
12. All scientific reports regarding any and all evidence that could be offered at trial against the Defendant; if such reports are not in existence the State is required within a reasonable time to reduce to writing; such reports must include the qualifications of the expert, the materials considered by the expert and basis for the opinions and conclusions of the expert.
Each party shall list such witnesses in a document containing the caption of the case and serve it upon the opposing party as provided by Rule 21a, Texas Rules of Civil Procedure.
- Document
- Expert witness disclosure
Must include
- •Caption
The Petitioner, through counsel, must certify in writing in the original petition that the Petitioner received and reviewed the entire order.
Court's wording
The Petitioner, by his/her attorney, shall certify in writing in the original petition that he/she has received and reviewed the entire contents of this Order upon filing of an original petition, suit affecting the parent-child relationship, or modification.
The District Clerk shall attach a copy of this order to the original petition and to each copy of the petition at the time the petition is filed.
A written certification that the parties and attorneys completed the required conference must be filed before any Temporary Orders hearing.
Court's wording
Prior to any hearing for Temporary Orders the parties and attorneys shall certify to the Court in writing that they have conferenced and negotiated for at least one (1) hour in an effort to resolve all issues regarding Temporary Orders. A Certificate of Conference establishing that this requirement has been met, must be on file prior to any hearing for Temporary Orders.
The District Clerk shall attach a copy of this order to the original petition and to each copy of the petition at the time the petition is filed.
The Petitioner, by his/her attorney, shall certify in writing in the original petition that he/she has received and reviewed the entire contents of this Order upon filing of an original petition, suit affecting the parent-child relationship, or modification.
A Certificate of Conference establishing that this requirement has been met, must be on file prior to any hearing for Temporary Orders.
Present the Court with the proposed judgment, decree or order, together with a letter requesting the Court to sign the same if the Court has not received a written objection from opposing council within ten (10) days from the date of the letter.
- Document
- Proposed judgment submission
Include
- •Proposed order
Any witnesses or exhibits not shown on such list can be used at the trial only upon leave of the Court.
A person entitled to receive child support services may decline such services on forms provided by the Texas Attorney General at the time collection efforts are initiated. Only the services of the Texas Attorney General may be declined.
Filing & Service rules
Electronic Filing Rules
If counsel is retained or appointed immediately before arraignment, the Court Coordinator will accept a faxed waiver to remove the case from the arraignment docket, but the fax is not an official filing with the Clerk.
In the event legal counsel is retained or appointed immediately prior to the arraignment hearing, a fax copy of the waiver will be accepted by the Court Coordinator for the purposes of removing a case from the arraignment docket. However, fax copies ARE NOT accepted by the Clerk's office as being official filings of record.
Page 11 | RULE 3.1. ARRAIGNMENT
Filing Timing and Cure Windows
Motions, motions in limine, dilatory pleas, exceptions, and amended pleadings must be filed at least 30 days before trial.
All motions, motions in limine, dilatory pleas, exceptions, or amended pleadings must be filed at least thirty (30) days prior to trial and a copy forwarded to all opposing parties.
Page 8 | Rule 2.2(d). Pretrial and Trial Settings
The court may be asked to sign the withdrawal order no earlier than ten days after the required client notice.
If another attorney is not to be substituted as attorney for the party or if the party does not consent to the motion to withdraw, the withdrawing attorney shall notify the client in writing that the Court will be requested to sign an order granting the withdrawal on or after ten (10) days following the date of such notice.
Page 9 | Rule 2.3
Within 30 days after the specified ruling or settlement announcement, counsel must prepare the written order, forward it to opposing counsel for approval as to form, and deliver it to the Court for signing.
Within thirty (30) days after rendition, announcement of the Court's ruling or announcement of settlement by counsel, counsel shall cause all judgments, decrees or orders of any kind to be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered to the Court for signing.
Page 10 | Rule 2.6(a), Reduction to Writing Within Thirty (30) Days
Failure to furnish a case-disposing judgment, order, or decree within 30 days places the case on the next dismissal docket, where dismissal and costs are discretionary.
Upon failure to furnish the Court with a judgment, order or decree disposing of the case within the thirty (30) day period, the Court shall place the case on the next regularly scheduled dismissal docket, whereupon the case may be dismissed and costs may be taxed at the Court's discretion.
Page 10 | Rule 2.6(b), Dismissal if Written Order Not Furnished
if the Court has not received a written objection from opposing council within ten (10) days from the date of the letter.
if the Court has not received a written objection from opposing council within ten (10) days from the date of the letter.
Page 11
A waiver of arraignment may be filed only by the defendant’s attorney after or at the same time as the attorney of record files a written notice of representation.
A waiver of arraignment is allowed, only when filed by a defendant's attorney after or contemporaneously with a written notice of representation filed in the cause by the attorney of record.
Page 11 | RULE 3.1. ARRAIGNMENT
A case remaining on the Jury Trial Docket after the Jury Announcement Docket must be set on a plea docket before 5 p.m. on the preceding Wednesday, or the State’s offers are withdrawn and pleas become open pleas to the Court.
Any case remaining on the Court's Jury Trial Docket after the date of the Jury Announcement Docket must be set on a plea docket before 5 p.m. on the Wednesday before the Monday on which the Jury Trial Docket is called, or all State's offers will be withdrawn and all pleas entered become open pleas to the Court.
Page 12 | RULE 3.2. SCHEDULING OF PLEAS
The original waiver must reach the Clerk within three business days of the arraignment hearing; otherwise the defendant’s bond may be declared insufficient and a warrant issued, and the attorney is responsible for forwarding it.
All original waivers must be received in the Clerk's office within three (3) business days of the date of the arraignment hearing. Original waivers not received in this fashion will result in a Defendant's bond being declared insufficient and a warrant issued for their arrest. It is the attorney's responsibility to make sure that the original waiver is forwarded to the Clerk's office.
Page 12 | RULE 3.1. ARRAIGNMENT
The sworn affidavit verifying annual education completion must be filed by December 31 each year.
A sworn affidavit by the attorney verifying that he/she has completed such annual education requirement must be filed with the Court on or before December 31 of each year.
Page 14 | 4.5
Preliminary matters must be raised or filed at least seven days before the pre-trial hearing; the Court may allow them later for good cause.
The provisions of Art. 28.01 C.C.P., will be strictly complied with, and preliminary matters not raised or filed at least seven (7) days before the pre-trial hearing will not thereafter be allowed to be raised or filed, except by permission of the Court for good cause shown.
Page 14 | 4.2
If the parties reach an agreement before the hearing, they may request removal from the docket, but a Rule 11 Agreement or Agreed Temporary Orders must be filed no later than three days after removal.
In the event an agreement is reached prior to the hearing date, the parties may request the removal of the case from the Court's docket; however, a Rule 11 Agreement or Agreed Temporary Orders must be filed no later than three (3) days subsequent to the case being removed from the docket.
Page 16 | RULE 5.1. TEMPORARY HEARINGS, g. Removal of Case from Docket
The sworn inventory and appraisement must be filed at least 30 days before trial.
In all cases in which the character, value or division of property or debts is in issue, each party shall file, not less than thirty (30) days prior to a trial, a sworn inventory and appraisement of all of the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.
Page 17 | RULE 5.3. INVENTORY AND APPRAISEMENT
The certificate of completion is due within 30 days after course completion or at the party’s next court appearance, whichever comes first.
Each party completing the course shall file a certificate of completion with the court within thirty (30) days of completion of the course, or at the time of that party's next court appearance, whichever is sooner.
Page 17
Submit the materials at the pre-trial hearing or, if there is no pre-trial hearing, seven days before trial begins.
In all civil jury trial cases, anticipated special questions, definitions and instructions shall be submitted to the Court in writing and on computer disc in Microsoft Word® format at the pre-trial hearing, or if there is no pre-trial hearing, seven (7) days prior to the beginning of the trial, with copies to opposing counsel or pro se parties.
Page 19 | 7.11
A party must provide names and addresses of previously unavailable witnesses forthwith after discovering them.
There is also a continuing obligation to provide names and addresses of witnesses forthwith after discovery whose names were not reasonably available to party at a prior time.
Page 28
A party challenging an opponent’s expert witness or testimony must file a pretrial motion for a Daubert/Kelly hearing, which must be held at least 10 days before trial.
13. Either party challenging an expert witness or testimony to be offered by the opponent must file a pretrial motion for a Daubert/Kelly hearing in conformity with the Art. 28.01 C.C.P. to be held by this Court at least 10 days prior to trial;
Page 28 | IV. RELATING TO EXPERT WITNESS
Each party must disclose the names and addresses of its potential Rules 702, 703, and 705 trial witnesses no later than 20 days before the scheduled trial, except that the Defendant’s name and address need not be disclosed as a possible witness.
Pursuant to Art 39.14(b)C.C.P., the Court orders that each party shall disclose to the other the name and address of each person that party may use at trial to present evidence under Rules 702, 703 and 705 Texas Rules of Evidence. The prosecution and the Defendant must both disclose to the other party not later than twenty (20) days prior to the date the trial is scheduled, the name and address of each person that party may use at trial to present evidence under Rules 702, 703 and 705 Texas Rules of Evidence. The name and address of the Defendant does not have to be disclosed as a possible witness.
Page 28 | IV. RELATING TO EXPERT WITNESS
The order takes effect when the original petition is filed, remains a temporary restraining order for fourteen days, continues as a temporary mutual injunction if uncontested at a hearing by then, and terminates when the court signs a final order.
This order is effective upon the filing of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen days after the date of the filing of the original petition. If no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of the filing of the original petition, this order shall continue in full force and effect as a temporary mutual injunction until further order of the Court. This entire order will terminate and will no longer be effective once the court signs a final order.
Page 34 | 7. SERVICE AND APPLICATION OF THIS ORDER
The order takes effect when the original petition is filed, remains a temporary restraining order for fourteen days, continues as a temporary mutual injunction if uncontested by evidence at a hearing within that period, and terminates when the court signs a final order.
This order is effective upon the filing of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen days after the date of the filing of the original petition. If no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of the filing of the original petition, this order shall continue in full force and effect as a temporary mutual injunction until further order of the Court. This entire order will terminate and will no longer be effective once the court signs a final order.
Civil cases
Page 5 | SERVICE AND APPLICATION OF THIS ORDER
Service and Proof of Service Rules
A copy of each covered motion, plea, exception, or amended pleading must be forwarded to all opposing parties.
All motions, motions in limine, dilatory pleas, exceptions, or amended pleadings must be filed at least thirty (30) days prior to trial and a copy forwarded to all opposing parties.
Page 8 | Rule 2.2(d). Pretrial and Trial Settings
A written motion requesting a setting must be accompanied by a certificate of service to opposing counsel.
filing with the Court a motion requesting a hearing, and an order setting the hearing, accompanied by a certificate of service to opposing counsel
Page 8 | Rule 2.2(a). Pretrial and Trial Settings
A letter confirming an orally requested setting must be served on opposing counsel under Texas Rule of Civil Procedure 21a.
confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure, as amended.
Page 8 | Rule 2.2(a). Pretrial and Trial Settings
If another attorney is not to be substituted as attorney for the party or if the party does not consent to the motion to withdraw, the withdrawing attorney shall notify the client in writing that the Court will be requested to sign an order granting the withdrawal on or after ten (10) days following the date of such notice. Notice shall be sent by certified mail, return receipt requested, on all such motions a hearing is required, and the attorney requesting the motion must give their client reasonable notice of such hearing.
If another attorney is not to be substituted as attorney for the party or if the party does not consent to the motion to withdraw, the withdrawing attorney shall notify the client in writing that the Court will be requested to sign an order granting the withdrawal on or after ten (10) days following the date of such notice. Notice shall be sent by certified mail, return receipt requested, on all such motions a hearing is required, and the attorney requesting the motion must give their client reasonable notice of such hearing.
Page 9 | Rule 2.3
Counsel must forward the written judgment, decree, or order to opposing counsel for approval as to form.
Within thirty (30) days after rendition, announcement of the Court's ruling or announcement of settlement by counsel, counsel shall cause all judgments, decrees or orders of any kind to be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered to the Court for signing.
Page 10 | Rule 2.6(a), Reduction to Writing Within Thirty (30) Days
A party submitting a proposed judgment for signature must serve the judgment and letter on all other parties who have appeared and remain in the case under Rule 21a.
Each party who submits a proposed judgment for signature shall serve the proposed judgment and a copy of the letter on all other parties who have appeared and remain in the case, in accordance with Rule 21a, Texas Rules of Civil Procedure.
Page 11
If counsel chooses this option, the motion for entry of a proposed judgment, order, or decree must be set for hearing with notice to all opposing counsel under Rule 21a.
File a motion for entry of the proposed judgment, order or decree and secure a hearing for the same, with notice to all opposing counsel pursuant to Rule 21a, Texas Rules of Civil Procedure.
Page 11
Copies of all pre-trial motions must be forwarded to the County Attorney when the originals are filed with the County Clerk.
Copies of all pre-trial motions shall be forwarded to the County Attorney at the time of filing the originals with the County Clerk.
Page 14 | 4.2
A responding party seeking affirmative relief must serve its temporary-order application and hearing notice on the adverse party in accordance with Rules 5 and 21a.
An application to the Court for a temporary order and notice of any hearing thereon which is presented by a party responding to an application for temporary orders in which that party is seeking affirmative relief shall be served on the adverse party in accordance with Rule 5 and Rule 21a of the Texas Rules of Civil Procedure, as amended.
Page 15 | RULE 5.1. TEMPORARY HEARINGS, b. Notice Required When Responding Party Seeking Affirmative Relief
Before trial begins, counsel must exchange and examine all exhibits.
Prior to commencement of trial all exhibits will be marked, exchanged and examined by the counsel so that the trial will not be delayed by such examination.
Page 18 | TITLE 7. TRIAL PROCEDURE
The witness list, exhibit list, and any motion in limine must be delivered to the other parties when the parties report for trial.
At the time the parties report for trial they will deliver to the Court, the Court Reporter and the other parties a witness list and exhibit list and any motion in limine.
Page 18 | TITLE 7. TRIAL PROCEDURE
Copies of the materials must be provided to opposing counsel or self-represented parties.
In all civil jury trial cases, anticipated special questions, definitions and instructions shall be submitted to the Court in writing and on computer disc in Microsoft Word® format at the pre-trial hearing, or if there is no pre-trial hearing, seven (7) days prior to the beginning of the trial, with copies to opposing counsel or pro se parties.
Page 19 | 7.11
Tapes or films must be tendered to opposing counsel sufficiently before trial; parties must examine them and promptly request a hearing on objections, which must be heard before trial.
to opposing counsel sufficiently in advance of trial so that a hearing on any objections can be held before commencement of trial. Any tapes or films not so tendered will not be permitted into evidence at the trial. All parties must timely examine any tendered tapes or films and request a hearing immediately if there are objections to the admissibility of any party of the tapes or films. Any objections not heard prior to trial will be waived.
Page 19 | Title 7. Trial Procedure
Each party must serve its expert-witness disclosure document on the opposing party as provided by Rule 21a, Texas Rules of Civil Procedure.
Each party shall list such witnesses in a document containing the caption of the case and serve it upon the opposing party as provided by Rule 21a, Texas Rules of Civil Procedure.
Page 28 | IV. RELATING TO EXPERT WITNESS
Filing Fees and Waivers
The District Clerk may collect a reasonable fee, set by the district and statutory county court judges, when a suit affecting the parent-child relationship is filed.
A reasonable fee, to be set by the district and statutory county court judges, may be collected by the District Clerk at the time a suit affecting the parent-child relationship is filed.
Page 17 | RULE 5.4. CHILD SUPPORT SERVICES
Pre-Motion Conference Requirements
Before requesting a setting, counsel must attempt to coordinate it with opposing counsel.
Prior to requesting a setting, counsel shall attempt to coordinate a setting with opposing counsel.
Page 8 | Rule 2.2(b). Pretrial and Trial Settings
Before any Temporary Orders hearing, the parties and attorneys must confer and negotiate for at least one hour to try to resolve all issues.
Prior to any hearing for Temporary Orders the parties and attorneys shall certify to the Court in writing that they have conferenced and negotiated for at least one (1) hour in an effort to resolve all issues regarding Temporary Orders.
Page 35 | 9. PARTIES MUST CONFERENCE
Before any Temporary Orders hearing, the parties and attorneys must certify in writing that they conferred and negotiated for at least one hour to try to resolve all Temporary Orders issues.
Prior to any hearing for Temporary Orders the parties and attorneys shall certify to the Court in writing that they have conferenced and negotiated for at least one (1) hour in an effort to resolve all issues regarding Temporary Orders.
Civil cases
Page 6 | PARTIES MUST CONFERENCE
Adjournment & Extension Requirements
A request to continue, pass, postpone, or reset a trial, pretrial, or other hearing requires all parties’ consent or notice and an opportunity to object for nonjoining parties, but the Court may still deny it.
No request for a continuance, to pass, postpone or reset any trial, pretrial, or other hearing shall be granted unless counsel for all parties consent, or unless all parties not joining in such request have been notified and have had an opportunity to object. The Court retains the right to deny any request for a continuance, a
Page 6 | RULE 1.2. REQUESTS FOR CONTINUANCE OR POSTPONEMENT
Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as amended or Article 29.01, Texas Code of Criminal Procedure, as applicable, and the motion must be accompanied by an order setting the motion for a hearing.
Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as amended or Article 29.01, Texas Code of Criminal Procedure, as applicable, and the motion must be accompanied by an order setting the motion for a hearing.
Page 7 | Contents of Motion
A continuance motion that does not meet the stated requirements will be denied without prejudice to refiling.
Any motion that does not meet these requirements will be denied without prejudice to the right to refile.
Page 7 | Contents of Motion
If an attorney’s pre-existing vacation conflicts with a trial setting, the attorney must notify the Court as soon as the notice is received, and the case will be reset.
If a case is set for trial by the Court on the date for which an attorney has planned a vacation, the attorney will notify the Court as soon as the notice of trial setting is received and the case will be reset for a different time.
Page 21 | RULE 8.7. VACATIONS OF ATTORNEYS
If an attorney plans a vacation after receiving a trial setting notice, the attorney must immediately notify the Court and the other parties and request a reset; the Court will rule after all parties have an opportunity to respond.
If plans for a vacation are made by an attorney after a trial setting notice has been received, the attorney will immediately notify the Court and other parties with a request that the case be reset for a different time. The Court will rule on such after giving all parties to the lawsuit an opportunity to respond to the request.
Page 21 | RULE 8.7. VACATIONS OF ATTORNEYS
A pending unrelated felony is not a basis to continue a misdemeanor trial, except when the misdemeanor arose from the same transaction or occurrence as the felony.
PENDING FELONY MATTERS. Unless the pending misdemeanor arose from the same transaction or occurrence giving rise to the felony charge, a pending unrelated felony case shall not be a reason or cause for a continuance of the trial setting of the misdemeanor.
Page 14 | 4.6
Chambers Communication Rules
An attorney with conflicting trial settings must notify the courts concerned immediately after learning of the conflict.
Whenever an attorney has two or more cases on trial dockets for trial at the same time, it shall be the duty of the attorney to bring the matter to the attention of the courts concerned immediately upon learning of the conflicting settings.
Page 7 | Rule 1.3(a). Duty of Counsel to Notify Court
A party planning to challenge expert testimony under T.R.E. 702 and Daubert must contact the Court Coordinator and request a hearing at least 10 days before trial.
Any party who expects to raise issues concerning the admissibility of expert witness testimony under T.R.E. 702 and Daubert v. Merrill Dow Pharmaceuticals, Inc. must contact the Court Coordinator and request a hearing thereon at least ten (10) days prior to trial.
Page 8 | Rule 2.2(e). Pretrial and Trial Settings
An attorney challenging expert testimony under Daubert must contact the Court Coordinator and require a hearing at least 30 days before trial.
Any attorney challenging the admissibility of expert witness testimony under Daubert v. Merrill Dow Pharmaceuticals, Inc. and its progeny shall contact the Court Coordinator and require a hearing at least thirty (30) days prior to trial.
Page 14 | 4.3
The attorney or self-represented party must give the Court Coordinator the case number; the Coordinator will obtain the original court file and return it to the clerk after the hearing.
It will be the responsibility of the attorney or pro se party to inform the Court Coordinator of the cause number of the case and the Court Coordinator will thereafter secure the original court file from the appropriate clerk and subsequent to the hearing will return said file to the clerk.
Page 18 | TITLE 6. UNCONTESTED DOCKET
After the prosecutor and defense counsel agree on a plea offer, defense counsel should contact the Court Coordinator to obtain a plea setting.
Once the prosecutor's office and defense counsel have negotiated and reached an agreement on a plea offer, defense counsel should contact the Court Coordinator to obtain a plea setting.
Page 12 | RULE 3.2. SCHEDULING OF PLEAS