Hood County District Court, Texas Pre-Motion Conference Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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)."

CRITICAL

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.

CRITICALCivil cases

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.

WARNING

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.

WARNING

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.