Judge Bryan T. Bufkin
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A conflict or inability to appear must be reported within 10 days after receiving the setting notice; otherwise, the setting is firm and may be passed only by mutual agreement with the Court’s consent or by a continuance motion granted after a hearing.
Communication
Phone
Page & Word Limits1 rule
6.4 The maximum allowed page limit for all combined exhibits attached to any motion shall be 300 pages unless leave of Court is granted.
- Exhibits attached to motion
- Up to 300 pages in total
Exception
More pages with leave of court
Document Filing Requirements15 rules
A written setting request must certify the status of the pleadings, pretrial setting, discovery and ad litem appointments, service, any jury fee, and service of the request; Appendix A’s form letter complies.
Court's wording
A written request for a setting shall certify: (a) That the requesting party' s pleadings are in order; (b) Whether or not a pre-trial setting is necessary; (c) That all necessary discovery has been completed and all necessary ad litem appointments have been made; (d) That service has been perfected on all necessary parties; (e) That a jury fee, if applicable, has been paid; and (f) That a copy of the request has been served on all counsel and prose parties. The use of form letter (Appendix "A") will comply with the foregoing requirements.
Counsel shall present proposed special questions and instructions to the Judge at the pre-trial hearing.
5.8 In all cases in which division of the marital estate is in issue, each party shall prepare and submit to the Court and to opposing counsel at the time of trial a written summary of that party' s proposed division of property and debts.
When spousal or child support is at issue, each party must provide the listed financial documents to the Court and opposing counsel at the final hearing, with additional earnings records required for self-employed parties.
Court's wording
5.7 In all cases in which support of a spouse and/or children is in issue, each party shall furnish to the Court and to opposing counsel at the time of the final hearing the following: (a) A summary statement of monthly income and expenses; (b) Payroll stubs or wage statements for the preceding six months; (c) If self-employed, all profit and loss statements, balance sheets, income statements or other evidence of earnings for the previous twelve months; (d) Federal Income Tax Returns for the two years immediately prior to the final hearing.
When reporting for trial, parties must deliver witness and exhibit lists and any motion in limine to the Court, Court Reporter, and other parties; unlisted witnesses or exhibits require leave, and exhibits must be marked, exchanged, and examined before trial.
- Document
- Trial submission
Include
- •Exhibit list
Court's wording
7.3 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. Any witnesses or exhibits not shown on such list can be used at the trial only upon leave of the Court. Prior to commencement of trial all exhibits will be marked, exchanged and examined by counsel so that the trial will not be delayed by such examination.
In all civil jury trial cases, anticipated special questions, definitions and instruction shall be submitted to the Court in writing at the pretrial hearing, or if there is no pretrial hearing, seven (7) days prior to the beginning of the trial, with copies to opposing counsel or pro se parties.
A proposed order authorizing private service under Rule 103 must include counsel’s signed certificate identifying the proposed server and affirming the server meets the stated qualifications.
Court's wording
Any proposed order authorizing private service under Rule 103 will not be signed by the judge unless accompanied by a certificate signed by counsel requesting such an appointment. Such certificate shall set out the name and address of the person to be so authorized and affirm that such person is not less than eighteen years of age, is not a party, and has no interest in the outcome of the suit in which the authorization is sought.
Joint Case Questionnaire. In all civil cases, (except for family law cases), attorneys for plaintiff and defendant shall complete and file with the Court a Joint Case Questionnaire (Appendix "B") within 30 days following answer date for defendant.
This form must be completed and filed by plaintiff after service of citation on all defendants and after conferring with all counsel and pro se parties.
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
- Witness list
Must include
- •Caption
A Certificate of Conference establishing that this requirement has been met, must be on file prior to any hearing for Temporary Orders.
At filing, the petitioner’s attorney 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.
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.
- Document
- Temporary orders hearing
Must include
- •Certificate of conference
Filing & Service rules
Filing Timing and Cure Windows
In civil cases other than family law cases, plaintiff and defense attorneys must complete and file the Joint Case Questionnaire within 30 days after the defendant’s answer date, or service if no answer is filed; failure results in placement on the dismissal docket.
In all civil cases (except family law cases), attorneys for plaintiff and defendant shall complete and file with the Court a Joint Case Questionnaire (Appendix "B") within 30 days following answer date for defendant or service on defendant if no answer is filed. Failure to file the Joint Case Questionnaire within such time will result in the placement of the case on the Court' s dismissal docket.
Page 6 | Section III: Calendar
An attorney challenging expert testimony under Daubert must contact the Court Coordinator and request a hearing to be set at least 10 days before trial.
5.6 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 request a hearing thereon to be set at least ten ( 10) days prior to trial.
Page 9 | Section V: Civil Docket and Pre-Trial Procedures
If no pretrial hearing is held in a civil jury trial, the written submissions are due seven days before trial.
In all civil jury trial cases, anticipated special questions, definitions and instruction shall be submitted to the Court in writing at the pretrial hearing, or if there is no pretrial hearing, seven (7) days prior to the beginning of the trial, with copies to opposing counsel or pro se parties.
Page 11 | Section VII: Trial Procedure
If a final judgment order or decree is not furnished within 30 days, the case will be placed on a dismissal docket and may be dismissed, with costs potentially taxed at the Court’s discretion.
Upon failure to furnish the Court with a final judgment order or decree disposing of the case within the thirty (30) day period set forth above, the Court shall place the case on a dismissal docket, with notice to all attorneys, whereupon the case may be dismissed and costs may be taxed at the Court' s discretion.
Page 12 | Section VIII: Miscellaneous — 8.3 Submission of Judgments
Responsible counsel must submit orders, decrees, and judgments within 30 days of the decision or settlement announcement, except temporary orders, which are due within 15 days after decision.
All orders, decrees and judgments shall be submitted to the Court by the responsible attorney for entry within thirty (30) days from the date of announcement of the Court's decision or announcement of settlement by counsel, except temporary orders, which shall be submitted to the court within fifteen (15) days after decision.
Page 12 | Section VIII: Miscellaneous — 8.3 Submission of Judgments
The completed questionnaire must be filed by the date specified in the form; otherwise, the case will be placed on the dismissal docket.
The completed questionnaire must be filed with the Court by or the case will be placed on the Court's DISMISSAL DOCKET.
Page 16 | Appendix — Joint Case Questionnaire
A proposed judgment, decree, or order may be presented with a request for signature if the Court receives no written objection from opposing counsel within 10 days of the letter.
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 counsel within ten (10) days from the date of the letter.
Page 12 | Section VIII: Miscellaneous — 8.3 Submission of Judgments
Service and Proof of Service Rules
Upon being retained or appointed, defense counsel must immediately give written notice to the District Attorney and District Clerk identifying the accused, charged offenses, and cause number if known.
Immediately upon employment or Court appointment, the defense attorney shall give written notice thereof to the District Attorney and the District Clerk stating the name of the accused, the offense(s) charged and cause number, if known.
Page 7 | Section IV: Criminal Docket and Pre-Trial Procedures
Copies of all criminal pretrial motions must be forwarded to the District Attorney when the originals are filed with the District Clerk.
Copies of all pre-trial motions shall be forwarded to the District Attorney at the time of filing the originals with the District Clerk.
Page 7 | Section IV: Criminal Docket and Pre-Trial Procedures
Copies of civil pretrial motions must be forwarded to the Court and opposing counsel.
All pre-trial motions shall be filed not less than seven (7) days prior to the pre-trial hearing and a copy thereof shall be forwarded to the Court and to opposing counsel.
Page 8 | Section V: Civil Docket and Pre-Trial Procedures
After receiving a hearing date and time, the moving party must immediately notify all other parties in writing of the date, time, and subject matter, and provide a copy to the Court Coordinator.
6.3 The Court Coordinator is responsible for scheduling the dates and times for hearings. Upon receiving the date and time of hearing, the moving party shall immediately notify all other parties in writing of the date, time and subject matter of the hearing. A copy of this communication shall be provided to the Court Coordinator.
Page 10 | Section VI: Motion Practice
Counsel must make trial videotaped depositions and films available to opposing counsel sufficiently early for objections to be heard before trial, except impeachment-only materials; untendered materials are excluded and objections not heard before trial are waived.
7.4 Counsel intending to offer videotaped depositions or other films at trial, except those offered solely for impeachment, must make such tapes and films available 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 part of the tapes or films. Any objections not heard prior to trial will be waived.
Page 10 | Section VII: Trial Procedure
A party submitting a proposed judgment for signature must serve it and the accompanying letter on all other parties who have appeared and remain in the case.
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.
Page 12 | Section VIII: Miscellaneous — 8.3 Submission of Judgments
Each party must serve its trial-witness list on the opposing party as provided by Rule 21a.
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 19 | Appendix C
Persons authorized by court order to serve process under Rule 103 are officers of the court and may face contempt sanctions, including a prohibition on serving citations and notices in Hood County, for a false return or unlawful service.
For purposes of supervision and discipline the court deems those persons authorized to serve citations and other notices by order pursuant to Rule 103, Texas Rules of Civil Procedure to be officers of the court. Any such person filing a false return or engaging in service contrary to law or rule may be subject to punishment by an order of contempt. Such order may prohibit such person from serving citations and notices in Hood County.
Page 12 | Section VIII: Miscellaneous — 8.4 Private Service of Process
A party seeking entry of a proposed judgment, order, or decree may file a motion, obtain a hearing, and give notice to opposing counsel under Texas Rule of Civil Procedure 21A.
File a motion for entry of the proposed judgment, order or decree and secure a hearing for same, with notice to all opposing counsel pursuant to Rule 21A, Texas Rules of Civil Procedure.
Page 12 | Section VIII: Miscellaneous — 8.3 Submission of Judgments
A copy of the request for setting is mailed to all other attorneys and pro se parties in the case.
All other attorneys (and/or prose parties) in this case on this date are being mailed a copy of this request of setting.
Page 15 | Appendix
Pre-Motion Conference Requirements
An attorney challenging expert testimony under Daubert must contact the Court Coordinator to request a hearing set at least ten 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 request a hearing thereon to be set at least ten (10) days prior to trial.
Page 7 | Section IV: Criminal Docket and Pre-Trial Procedures
In criminal cases, preliminary matters must be raised or filed at least seven days before the pretrial hearing, unless the Court permits otherwise 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 date will not thereafter be allowed to be raised or filed , except by permission of the Court for good cause shown.
Page 7 | Section IV: Criminal Docket and Pre-Trial Procedures
A pretrial hearing is required in every civil jury case, and the Court may also set a Rule 166 hearing upon a party's request or on its own motion.
Pre-trial hearings will be required in every civil jury case, and upon request of any party or on its own motion the Court may set a hearing under Rule 166, Texas Rules of Ci vii Procedure, to consider such matters as might aid in the disposition of the action.
Page 8 | Section V: Civil Docket and Pre-Trial Procedures
Parties with cases on the trial calendar must present all exceptions, motions, and dilatory pleas to the Court and obtain a hearing if necessary at least 30 days before trial.
It shall be the duty of all parties having places on the trial calendar to present to the Court and to obtain a hearing , if necessary, on all exceptions, motions and dilatory pleas not less than thirty (30) days prior to the date the case is set for trial.
Page 8 | Section V: Civil Docket and Pre-Trial Procedures
Civil pretrial motions must be filed at least seven days before the pretrial hearing, with copies forwarded to the Court and opposing counsel.
All pre-trial motions shall be filed not less than seven (7) days prior to the pre-trial hearing and a copy thereof shall be forwarded to the Court and to opposing counsel.
Page 8 | Section V: Civil Docket and Pre-Trial Procedures
A motion will not be set for hearing unless the moving party certifies in the motion or a letter that a merits conference occurred without agreement, or explains why a conference could not be held.
6.2 No motions will be set for hearing unless the moving party shall have certified in such motion or in a letter substantially the following: "A conference was held on (date) with (name of attorney for opposing party) on the merits of this motion. Agreement could not be reached. Therefore it is presented to the Court for determination" Or "A conference was not held with (name of opposing attorney) on the merits of this motion because (explanation of inability to confer)."
Page 9 | Section VI: Motion Practice
Before any Temporary Orders hearing, the parties and attorneys must confer and negotiate to try to resolve all issues regarding Temporary Orders.
Prior to any hearing for Temporary Orders the parties and attorneys shall certify to these Courts in writing that they have conferenced and negotiated in an effort.to resolve all issues regarding Temporary Orders.
Page 27 | 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 | 9. PARTIES MUST CONFERENCE
Parties are directed to use all reasonable means to resolve pre-trial disputes before seeking judicial intervention.
6.1 Parties are directed to use all reasonable means to resolve pre-trial disputes to avoid the necessity of judicial intervention.
Page 9 | Section VI: Motion Practice
If opposing counsel objects within the stated time, the proponent must schedule a hearing on entry of the proposed judgment, decree, or order.
If the Court receives a written objection from opposing counsel within the stated time, the proponent of the judgment, decree or order shall schedule a hearing for entry of the same pursuant to paragraph 1) above.
Page 12 | Section VIII: Miscellaneous — 8.3 Submission of Judgments
Adjournment & Extension Requirements
A conflict or inability to appear must be reported within 10 days after receiving the setting notice; otherwise, the setting is firm and may be passed only by mutual agreement with the Court’s consent or by a continuance motion granted after a hearing.
If any attorney or litigant has a conflict or will be unable to appear on the date set for trial or hearing, the Court Coordinator shall be notified within ten (10) days after receipt of such notice of setting in order to arrange for resetting; otherwise, such setting will be considered a firm setting and the hearing or trial setting will not be passed except upon mutual agreement of the respective attorneys with consent of the Court or upon proper motion for continuance granted by the court after hearing thereon.
Page 6 | Section III: Calendar
If an attorney’s planned vacation conflicts with a trial setting, the attorney must notify the Court as soon as the setting notice is received and the case will be reset; if the vacation is planned after receiving the setting notice, the attorney must immediately notify the Court and other parties and request a reset, which the Court will rule on after all parties have an opportunity to respond.
If a case is set for trial by the Court on a 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. 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 13 | 8.7 Vacations of Attorneys
Chambers Communication Rules
Counsel must tell parties not to contact the Judge directly about pending matters, and ex parte communication with the Judge is prohibited.
Counsel shall instruct parties not to directly contact the Judge concerning pending matters. There shall be no ex parte communication with the Judge.
Page 5 | Section II: Rules of Decorum
Requests for regular settings in civil jury and non-jury matters must be written, sent to the Court Coordinator, and copied to opposing counsel or pro se litigants.
Request for regular trial settings for all civil jury and non-jury matters shall be in writing and forwarded to the Court Coordinator, with a copy to opposing counsel or pro se litigants.
Page 6 | Section III: Calendar
If no setting request is received within 90 days of filing a family law case, the Court may set it for trial; after notice, a party should immediately notify the Court in writing if the case is not ready or to suggest alternative dates.
If a request for setting of any family law case has not been received by the Court within ninety (90) days of the date of filing of the case, the Court may set the case for trial and notify the parties of the setting. Upon receipt of the notice any party should immediately notify the Court in writing if they believe that the case is not ready for trial or if they want to suggest alternative trial dates.
Page 6 | Section III: Calendar
Uncontested matters may be set by telephone conference with the Court Coordinator; the requesting attorney must then give opposing counsel or the pro se litigant written notice of the hearing date and time and copy the Coordinator.
Uncontested matters may be set by telephone conference with the Court Coordinator, and the requesting attorney shall notify opposing counsel or prose litigant, in writing, of the date and time of such uncontested hearing, with a copy to the Court Coordinator.
Page 6 | Section III: Calendar
Counsel seeking to avoid a trial assignment during a vacation of no more than four consecutive weeks must notify the Court Coordinator at least 75 days before the vacation begins.
Counsel wishing to avoid assignment to trial during a vacation period not exceeding four (4) consecutive weeks shall advise the Court Coordinator at least seventy-five (75) days prior to the beginning of the vacation.
Page 7 | Section III: Calendar
The Court Coordinator handles all civil and criminal jury and non-jury trial settings and must confirm them in writing to the attorneys or pro se litigants.
The Court Coordinator shall be responsible for all civil and criminal trial settings, whether jury or non-jury, and shall confirm such settings in writing to the respective attorneys, or pro se litigants.
Page 6 | Section III: Calendar