Judge Brock Russell Smith
Individual Rules, Standing Orders & Policies
- Rules last changed:
Document Format Requirements5 rules
Electronically transmitted filings must be on approximately 8½-by-11-inch paper, individually signed, and include the specified identifying and contact information.
- Paper size
- Letter
Court's wording
10.5 Every document electronically transmitted for filing shall conform to the requirements for filing established by the Texas Rules of Civil Procedure, i.e., shall be on paper measuring approximately 8Y2 x 11 inches, shall be signed individually by the party or the party's attorney of record, and shall contain that individual's State Bar of Texas identification number, if any, address, telephone number, and telecopier number.
Electronically transmitted documents must meet Texas filing requirements, be approximately 8½ by 11 inches, carry the specified signature and filer information, and be legible when transmitted.
Formatting
- •The document must be on paper measuring approximately 8Y2 x 11 inches
Court's wording
10.5 Every document electronically transmitted for filing shall conform to the requirements for filing established by the Texas Rules of Civil Procedure, i.e., shall be on paper measuring approximately 8Y2 x 11 inches, shall be signed individually by the party or the party's attorney of record, and shall contain that individual's State Bar of Texas identification number, if any, address, telephone number, and telecopier number. The quality of the original hard copy shall be clear and dark enough to transmit legibly.
10.2 No document printed on thermal paper shall be filed.
Formatting
- •Documents printed on thermal paper shall not be filed
The quality of the original hard copy shall be clear and dark enough to transmit legibly.
10.2 No document printed on thermal paper shall be filed.
Document Filing Requirements61 rules
For non-jury setting requests, opposing counsel or pro se parties must be consulted beforehand, and a confirmation letter must be mailed to all parties and the Court with the specified trial estimate, unresolved-matters statement, and delivery certification.
Court's wording
Requests for non-jury settings shall be made through the respective Court Coordinators of each Court. Opposing counsel or pro se parties shall be consulted prior to the request. A confirmation letter shall be mailed to all parties and the Court and shall include: 1.51 An estimated time for trial for the entire case. Estimates of time felt by opposing counsel to be erroneous shall be called to the attention of opposing counsel and the Court Coordinator. Estimates for too much time cause as many problems as those for too little time. Be prepared to dispose of entire case within the estimate. 1.52 A statement of which, if any, discovery and other pretrial matters remain unresolved. 1.53 A certification that a copy of the request has been delivered to all counsel and pro se.
Documents sought to be excluded shall be segregated and furnished to the Court in a sealed wrapper along with a specific pleading of claimed privilege as to each, with citation of authority. A log of same shall be furnished to the Court and all counsel.
UNLESS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE, NO AGREEMENT BETWEEN ATTORNEYS OR PARTIES TOUCHING ANY SUIT PENDING WILL BE ENFORCED UNLESS IT BE IN WRITING, SIGNED AND FILED WITH THE PAPERS AS PART OF THE RECORD, OR MADE IN OPEN COURT AND ENTERED OF RECORD.
If the motion or special exception will not be opposed, the moving party shall submit a proposed order signed by counsel for all parties indicating approval of same.
Proposed jury questions and requested instructions SHALL be submitted to the Court at this conference and if not submitted will be considered untimely and may be refused.
For an opposed motion or special exception, the motion or a letter must include the specified conference statement before a hearing will be set.
Court's wording
If the motion or special exception will be opposed, the moving party shall state in the motion or by letter: "A conference was held on (date) with (name), attorney for opposing party, on the merits of this motion, or special exception. Agreement could not be reached; therefore, it is presented to the Court for determination." No motion or special exception will be set for hearing unless it is accompanied by the foregoing statement.
The petitioner’s marriage-dissolution inventory must be complete, sworn, and itemized, cover the specified property, and show each item’s value to the right of its description.
Court's wording
In all suits for dissolution of marriage, petitioner shall, not later than fifteen (15) days prior to trial, file a complete, sworn, itemized inventory and appraisement of all property belonging to the parties to the marriage, including separate property and community property as well as any property belonging to the children. The inventories shall be filed setting forth the list of property, with the values assigned to each such item of property shown to the right of the description of such property.
All parties to an action involving child support shall file with the Court a written statement setting forth the accurate gross income of all adult parties to such proceeding for the preceding three
IN ALL CASES, PLEA PAPERS MUST BE SIGNED PRIOR TO THE TIME SCHEDULED SO THAT THE PLEA MAY BEGIN AT THE TIME SCHEDULED.
Any objections to the judgment must include form of order setting a hearing on the objection.
In civil cases no attorney of record shall be permitted to withdraw from any case without presenting a motion and obtaining from the Court an Order granting leave to withdraw.
In all uncontested divorce matters, the decree of divorce and any required involuntary wage assignment order must be presented to the Court at the time of hearing.
All judgments and/or orders in uncontested matters (excluding cases settled on the date of trial) must be presented at the time of hearing on such uncontested matters.
All orders of withdrawal shall state the current address at which the party whose attorney seeks to withdraw may be notified of further court proceedings or explain why a current address cannot be given.
Each pleading must list the filing attorney’s information, including the filer’s email address.
Court's wording
All pleadings will be required to have the filing attorney's information listed on the document being filed, including the email address of the person filing same, as generally required by rule 21 of the Texas Rules of Civil Procedure.
An attorney may be permitted to withdraw as counsel of record upon motion stating whether the case is set for trial or other hearing.
A civil withdrawal motion must include the client’s written consent, another lawyer’s certificate of employment, or the specified mailed notice and letter to the client.
Court's wording
Such motion shall be accompanied by the client's written consent to such withdrawal or a certificate by another lawyer that he has been employed to represent the client in the case, or a copy of such motion shall be mailed to the client at his last known address, certified mail, return receipt requested, with a letter advising that the motion will be presented to the Court on the date set for hearing, and that any objection to such withdrawal should be made to the Court in writing before such time.
The motion shall state whether the case is set for trial or other hearing.
(NOTE: Each party shall set forth a separate list of numbered Exhibits.)
(2) Each exhibit in the List of Exhibits herein: (a) is in existence; (b) is numbered; and (c) has been disclosed and shown to opposing counsel.
(NOTE: The witnesses of each party shall be listed by name and address and separated into categories of fact witnesses and expert witnesses. Unanticipated rebuttal and rejoinder witnesses need not be listed.)
(1) All deadlines contained in the Court's Scheduling Orders have been complied with.
(NOTE: Each attorney of record shall personally sign and certify to the pre-trial order. The signature of one attorney for another "by permission" will not be accepted by the court.)
The petitioner must attach the standing order to the original petition and every copy, and the clerk must ensure the attachment is made if the petitioner fails to do so when filing.
Court's wording
7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of this petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.
The Petitioner shall attach a copy of this order to the original petition and to each copy of this petition.
If the Petitioner has not attached the order, the Clerk must ensure it is attached to the petition and every copy presented when the petition is filed.
Court's wording
At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.
1.53 A certification that a copy of the request has been delivered to all counsel and pro se.
1.52 A statement of which, if any, discovery and other pretrial matters remain unresolved.
1.51 An estimated time for trial for the entire case.
3.1 Uncontested matters (waiver divorces, default judgments, adoptions), will be promptly set and disposed of. The final decree or judgment MUST be submitted to the Court before the hearing begins.
Proposed jury questions and requested instructions SHALL be submitted to the Court at this conference and if not submitted will be considered untimely and may be refused.
If the motion or special exception will not be opposed, the moving party shall submit a proposed order signed by counsel for all parties indicating approval of same.
3.58 UNLESS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE, NO AGREEMENT BETWEEN ATTORNEYS OR PARTIES TOUCHING ANY SUIT PENDING WILL BE ENFORCED UNLESS IT BE IN WRITING, SIGNED AND FILED WITH THE PAPERS AS PART OF THE RECORD, OR MADE IN OPEN COURT AND ENTERED OF RECORD.
For an opposed motion or special exception, the moving party must include the specified conference statement in the motion or a letter; otherwise, it will not be set for hearing.
Court's wording
If the motion or special exception will be opposed, the moving party shall state in the motion or by letter: "A conference was held on (date) with (name), attorney for opposing party, on the merits of this motion, or special exception. Agreement could not be reached; therefore, it is presented to the Court for determination." No motion or special exception will be set for hearing unless it is accompanied by the foregoing statement.
Any objections to the judgment must include form of order setting a hearing on the objection.
All orders of withdrawal shall state the current address at which the party whose attorney seeks to withdraw may be notified of further court proceedings or explain why a current address cannot be given.
Every pleading must list the filing attorney’s information, including the filer’s email address.
Court's wording
All pleadings will be required to have the filing attorney's information listed on the document being filed, including the email address of the person filing same, as generally required by rule 21 of the Texas Rules of Civil Procedure.
A civil withdrawal motion must include the client’s written consent, another lawyer’s certificate of representation, or a certified-mail copy to the client with the stated hearing and objection information.
Court's wording
Such motion shall be accompanied by the client's written consent to such withdrawal or a certificate by another lawyer that he has been employed to represent the client in the case, or a copy of such motion shall be mailed to the client at his last known address, certified mail, return receipt requested, with a letter advising that the motion will be presented to the Court on the date set for hearing, and that any objection to such withdrawal should be made to the Court in writing before such time.
In civil cases no attorney of record shall be permitted to withdraw from any case without presenting a motion and obtaining from the Court an Order granting leave to withdraw.
Each electronically transmitted filing must be individually signed and include the signer's State Bar number, if any, address, telephone number, and telecopier number.
Court's wording
10.5 Every document electronically transmitted for filing shall conform to the requirements for filing established by the Texas Rules of Civil Procedure, i.e., shall be on paper measuring approximately 8Y2 x 11 inches, shall be signed individually by the party or the party's attorney of record, and shall contain that individual's State Bar of Texas identification number, if any, address, telephone number, and telecopier number. The quality of the original hard copy shall be clear and dark enough to transmit legibly.
10.6 The sender shall maintain the original of the document with original signature affixed as required by Section 51. 806 Texas Government Code.
(1) All deadlines contained in the Court's Scheduling Orders have been complied with.
(NOTE: The witnesses of each party shall be listed by name and address and separated into categories of fact witnesses and expert witnesses. Unanticipated rebuttal and rejoinder witnesses need not be listed.)
(2) Each exhibit in the List of Exhibits herein: (a) is in existence; (b) is numbered; and (c) has been disclosed and shown to opposing counsel.
(NOTE: Each party shall set forth a separate list of numbered Exhibits.)
(NOTE: The contentions of each party shall be succinctly stated in a form suitable to be read to the jury.)
(NOTE: Each attorney of record shall personally sign and certify to the pre-trial order. The signature of one attorney for another "by permission" will not be accepted by the court.)
At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.
The Petitioner shall attach a copy of this order to the original petition and to each copy of this petition.
The petitioner must attach this order to the original petition and each copy; if omitted, the clerk must attach it when the petition is filed.
Court's wording
7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of this petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.
4) To file factually specific (not "boilerplate") Motions to Suppress if the circumstances surrounding the case indicate questioning the relevant stop, detention, arrest or search of the defendant.
The Petitioner must attach this order to the original petition and each copy; if the Petitioner fails to do so, the Clerk must attach it when the petition is filed.
Court's wording
7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of this petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.
In a delinquent tax suit, the taxing entity’s attorney must give the Court written notice that the parties entered a written payment plan; the suit is then inactivated until dismissed or foreclosure proceedings resume.
Court's wording
It is THEREFORE ORDERED that in delinquent tax suit in the Jack or Wise County District Court upon a written notification by the attorney representing the taxing entity to the Court that the parties have entered into a written payment plan that the suit shall be inactivated and shall remain inactive until dismissed by the governmental taxing agency or foreclosure proceedings have resumed.
Items of property on respondent's inventory but not on petitioner's shall be at the end of the appropriate category.
In the event an agreement completely settling the property of the parties and all custody and support matters is entered into, the filing of inventories and appraisements shall not be required.
After leave is granted, the clerk shall notify the party of such action and advise the party of any trial settings, and that he may secure other counsel.
Such leave will be denied where the motion is presented so near the trial date as to require delay of trial.
10.6 The sender shall maintain the original of the document with original signature affixed as required by Section 51. 806 Texas Government Code.
4.43 In the event an agreement completely settling the property of the parties and all custody and support matters is entered into, the filing of inventories and appraisements shall not be required.
Counsel may withdraw or be substituted without the necessity of hearing when all parties agree to the substitution and all parties and the client agree to the withdrawal.
(NOTE: This section should be very brief and merely state the type of case.)
Filing & Service rules
Electronic Filing Rules
All orders and judgments must be submitted to the Court, by electronic filing through the District Clerk, for entry within seven (7) days from the date of the hearing or decision by the Court.
All orders and judgments must be submitted to the Court, by electronic filing through the District Clerk, for entry within seven (7) days from the date of the hearing or decision by the Court.
Page 8 | 9.1
A final judgment not approved by all appearing counsel or opposing parties must be e-filed through the District Clerk, and the preparing party must mail a copy to opposing counsel or unrepresented parties.
All final judgments which are not approved by all counsel or opposing parties who appeared before the Court shall be forwarded to the Court, by electronic filing through the District Clerk, a copy shall be mailed to all opposing counsel or unrepresented parties by the party preparing the judgment.
Page 8 | 9.2
The clerk may accept eligible documents electronically, except bonds and signed orders or judgments.
10.1 The clerk is authorized to accept for filing via electronic transmission any document which might be filed in a court action except: (a) bonds; (b) signed orders or judgments.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES
The clerk does not accept an electronically transmitted document for filing until court costs and fees have been paid.
10.3 No document electronically transmitted shall be accepted by the clerk for filing until court costs and fees have been paid. Court costs and fees may be paid by Mastercard, Visa, or Discover account approved by the clerk.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES
Electronically tendered documents will not be filed if fees are unpaid, charge information is incomplete, or the documents do not conform to applicable rules.
Documents tendered to the clerk electronically without payment of court costs and fees, or with incomplete information on the charge authorization or request, or which do not conform to applicable rules, will not be filed.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES
All orders and judgments must be submitted to the Court, by electronic filing through the District Clerk, for entry within seven (7) days from the date of the hearing or decision by the Court.
All orders and judgments must be submitted to the Court, by electronic filing through the District Clerk, for entry within seven (7) days from the date of the hearing or decision by the Court.
Page 7 | RULE 9. SUBMISSION OF JUDGMENTS/ORDERS
Final judgments not approved by all appearing counsel or opposing parties must be electronically filed through the District Clerk.
All final judgments which are not approved by all counsel or opposing parties who appeared before the Court shall be forwarded to the Court, by electronic filing through the District Clerk,
Page 7 | RULE 9. SUBMISSION OF JUDGMENTS/ORDERS
The clerk may accept documents electronically for filing, except bonds and signed orders or judgments.
10.1 The clerk is authorized to accept for filing via electronic transmission any document which might be filed in a court action except: (a) bonds; (b) signed orders or judgments.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES.
Filing Timing and Cure Windows
Submit the final decree or judgment to the Court before the hearing begins.
The final decree or judgment MUST be submitted to the Court before the hearing begins.
Page 3 | RULE 3. CIVIL CASES, 3.1 Uncontested matters
File the Final Pre-Trial Order in the form of Exhibit A through the Court Coordinator at least seven days before the Final Pretrial.
A Final Pre-Trial Order, in the form of Exhibit "A" attached, shall be filed with the Court, through the Court Coordinator, on or before seven (7) days prior to the Final Pretrial.
Page 3 | RULE 3. CIVIL CASES, 3.53
The respondent must file an inventory at least eight days before trial.
Not less than eight (8) days prior to trial, respondent shall file an inventory so a comparison of properties and values can be made.
Page 4 | RULE 4. FAMILY LAW MATTERS, 4.4 INVENTORIES
Each party must file a proposed property division at least eight days before trial.
Each party shall file a proposed property division not less than eight (8) days prior to trial.
Page 4 | RULE 4. FAMILY LAW MATTERS, 4.41
In a marriage-dissolution suit, the petitioner must file a complete, sworn, itemized inventory and appraisement of the specified property no later than 15 days before trial.
In all suits for dissolution of marriage, petitioner shall, not later than fifteen (15) days prior to trial, file a complete, sworn, itemized inventory and appraisement of all property belonging to the parties to the marriage, including separate property and community property as well as any property belonging to the children.
Page 4 | RULE 4. FAMILY LAW MATTERS, 4.4 INVENTORIES
Pre-trial motions must be filed more than seven days before final docket call or are waived, except for the specified applications and elections.
PRE-TRIAL MOTIONS MUST BE FILED MORE THAN SEVEN (7) DAYS IN ADVANCE OF THE FINAL DOCKET CALL AND COPIES THEREOF FURNISHED TO THE DISTRICT ATTORNEY, OR BE FOREVER WAIVED UNDER THE PROVISIONS OF ARTICLE 28.01, OF THE TEXAS CODE OF CRIMINAL PROCEDURE. EXCEPTIONS WILL BE ALLOWED FOR APPLICATION FOR PROBATION AND ELECTION AS TO JUDGE OR JURY SETTING PUNISHMENT.
Page 5 | 5.13 Final Docket Call
All orders and judgments must be submitted to the Court, by electronic filing through the District Clerk, for entry within seven (7) days from the date of the hearing or decision by the Court.
All orders and judgments must be submitted to the Court, by electronic filing through the District Clerk, for entry within seven (7) days from the date of the hearing or decision by the Court.
Page 8 | 9.1
Electronic transmission alone does not constitute filing; filing is complete when the clerk affixes the official date-and-time file stamp.
10.11 Electronic transmission of a document does not constitute filing. Filing is complete when the clerk's official date and time file stamp is affixed to the document.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES
After verifying a complete transmission, the clerk must confirm and record the charge authorization; the document is then deemed accepted for filing and stamped with the official date and time.
10.8 The clerk when satisfied that the transmission is complete shall confirm the charge authorization and note the authorization code on the cost receipt. Thereafter, the documents tendered electronically shall be deemed accepted for filing and the clerk shall affix the clerk's official date and time file stamp to the document.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES
An electronically transmitted document accepted for filing is recognized as the original record for file or evidentiary purposes when it bears the clerk’s official date-and-time file stamp.
10.4 An electronically transmitted document accepted for filing will be recognized as the original record for file or for evidentiary purposes when it bears the clerk's official date and time file stamp.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES
The Final Pre-Trial Order in the attached Exhibit A form must be filed through the Court Coordinator at least seven days before the Final Pretrial.
3.53 A Final Pre-Trial Order, in the form of Exhibit "A" attached, shall be filed with the Court, through the Court Coordinator, on or before seven (7) days prior to the Final Pretrial.
Page 3 | RULE 3. CIVIL CASES
The respondent must file an inventory at least eight days before trial.
Not less than eight (8) days prior to trial, respondent shall file an inventory so a comparison of properties and values can be made.
Page 4 | 4.4 INVENTORIES
In a marriage-dissolution suit, the petitioner must file a complete, sworn, itemized inventory and appraisement no later than 15 days before trial, subject to Rule 4.62.
4.4 INVENTORIES. Subject to Rule 4.62, in all suits for dissolution of marriage, petitioner shall, not later than fifteen (15) days prior to trial, file a complete, sworn, itemized inventory and appraisement of all property belonging to the parties to the marriage, including separate property and community property as well as any property belonging to the children.
Page 4 | 4.4 INVENTORIES
Each party must file a proposed property division at least eight days before trial.
4.41 Each party shall file a proposed property division not less than eight (8) days prior to trial.
Page 4 | 4.41
Pre-trial motions must be filed more than seven days before the final docket call or are waived, except for the stated probation and punishment-election matters.
PRE-TRIAL MOTIONS MUST BE FILED MORE THAN SEVEN (7) DAYS IN ADVANCE OF THE FINAL DOCKET CALL AND COPIES THEREOF FURNISHED TO THE DISTRICT ATTORNEY, OR BE FOREVER WAIVED UNDER THE PROVISIONS OF ARTICLE 28.01, OF THE TEXAS CODE OF CRIMINAL PROCEDURE. EXCEPTIONS WILL BE ALLOWED FOR APPLICATION FOR PROBATION AND ELECTION AS TO JUDGE OR JURY SETTING PUNISHMENT.
Page 5 | 5.13 Final Docket Call
All orders and judgments must be submitted to the Court, by electronic filing through the District Clerk, for entry within seven (7) days from the date of the hearing or decision by the Court.
All orders and judgments must be submitted to the Court, by electronic filing through the District Clerk, for entry within seven (7) days from the date of the hearing or decision by the Court.
Page 7 | RULE 9. SUBMISSION OF JUDGMENTS/ORDERS
Judgments and orders in uncontested matters must be presented at the hearing, except in cases settled on the trial date.
All judgments and/or orders in uncontested matters (excluding cases settled on the date of trial) must be presented at the time of hearing on such uncontested matters.
Page 7 | RULE 9. SUBMISSION OF JUDGMENTS/ORDERS
In uncontested divorce matters, the divorce decree and any required involuntary wage assignment order must be presented at the hearing.
In all uncontested divorce matters, the decree of divorce and any required involuntary wage assignment order must be presented to the Court at the time of hearing.
Page 7 | RULE 9. SUBMISSION OF JUDGMENTS/ORDERS
Once the clerk verifies completeness and confirms the charge authorization, the document is deemed accepted for filing and receives the clerk's official date-and-time stamp.
10.8 The clerk when satisfied that the transmission is complete shall confirm the charge authorization and note the authorization code on the cost receipt. Thereafter, the documents tendered electronically shall be deemed accepted for filing and the clerk shall affix the clerk's official date and time file stamp to the document.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES.
Electronic transmission alone is not filing; filing is complete when the clerk affixes the official date-and-time file stamp.
10.11 Electronic transmission of a document does not constitute filing. Filing is complete when the clerk's official date and time file stamp is affixed to the document.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES.
If the State’s recommendation is unacceptable and pretrial is needed, counsel must obtain a hearing on pretrial motions; issues known from the open file must be raised before trial or are untimely if first raised during trial.
8) In the event the State's recommendation is not acceptable to the defendant, and pre-trial is needed, obtain a hearing on said pre-trial motions. Issues known from the Prosecutor's open file policy not raised prior to trial shall be considered untimely if raised for the first time during trial.
Page 14 | II. The Defense Attorney will be responsible for the following
An unapproved final judgment is held in chambers for ten days and, if no objection is filed, the Court signs it without a hearing on entry.
Said judgment shall be held in the Judge's chambers for ten (10) days and if no objection to the judgment is filed, it will then be signed by the Court without a hearing on entry of judgment.
Page 8 | 9.2
If a transmission is incomplete or required costs or fees are unpaid, the clerk will notify the sender as soon as practicable that it was not filed and why.
10.9 If the transmission is found to be incomplete or court costs or fees, if required, are not paid, the clerk will notify the sender as soon as practicable that the transmission has not been filed and the reason.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES
Upon receipt of an electronically transmitted document, the clerk must verify that the transmission is complete.
10.7 The clerk upon receipt of an electronically transmitted document shall verify the completeness of the transmission.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES
The order takes effect when the original petition is filed, remains a temporary restraining order for fourteen days, continues as a temporary injunction if uncontested at a hearing by then, and terminates upon a final order or dismissal.
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 day of the filing of the original petition, this order shall continue in full force and effect as a temporary injunction until further order of this Court. This entire order will terminate and will no longer be effective when the Court signs a final order or the case is dismissed.
Page 13 | 7. SERVICE AND APPLICATION OF THIS ORDER
An unapproved final judgment is held in chambers for ten days and, if no objection is filed, may be signed without a hearing.
Said judgment shall be held in the Judge's chambers for ten (10) days and if no objection to the judgment is filed, it will then be signed by the Court without a hearing on entry of judgment.
Page 7 | RULE 9. SUBMISSION OF JUDGMENTS/ORDERS
If a transmission is incomplete or required costs or fees are unpaid, the clerk will notify the sender as soon as practicable that it was not filed and explain why.
10.9 If the transmission is found to be incomplete or court costs or fees, if required, are not paid, the clerk will notify the sender as soon as practicable that the transmission has not been filed and the reason.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES.
Upon receiving an electronically transmitted document, the clerk must verify that the transmission is complete.
10.7 The clerk upon receipt of an electronically transmitted document shall verify the completeness of the transmission.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES.
After filing an electronically transmitted document, the clerk will electronically send the sender an acknowledgment and any cost receipt.
10.10 After filing an electronically transmitted document, the clerk will electronically transmit to the sender an acknowledgment of the filing, together with cost receipt, if any.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES
After filing an electronically transmitted document, the clerk will electronically send the sender an acknowledgment and any cost receipt.
10.10 After filing an electronically transmitted document, the clerk will electronically transmit to the sender an acknowledgment of the filing, together with cost receipt, if any.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES.
Service and Proof of Service Rules
Copies of pre-trial motions must be furnished to the District Attorney.
COPIES THEREOF FURNISHED TO THE DISTRICT ATTORNEY
Page 5 | 5.13 Final Docket Call
The client whose attorney seeks to withdraw and all parties of record must either consent in writing to the withdrawal or be given three (3) days notice of the hearing.
The client whose attorney seeks to withdraw and all parties of record must either consent in writing to the withdrawal or be given three (3) days notice of the hearing.
Page 8 | 8.3 Withdrawal
A copy of a civil withdrawal motion must be delivered or mailed to opposing counsel.
A copy of the motion shall be delivered or mailed to opposing counsel.
Page 8 | 8.6
The party preparing an unapproved final judgment must mail a copy to all opposing counsel or unrepresented parties.
All final judgments which are not approved by all counsel or opposing parties who appeared before the Court shall be forwarded to the Court, by electronic filing through the District Clerk, a copy shall be mailed to all opposing counsel or unrepresented parties by the party preparing the judgment.
Page 8 | 9.2
An attorney may be substituted by motion after three days’ notice to all parties.
Attorneys may be substituted upon motion and three (3) days notice to all parties.
Page 8 | 8.4 Substitution
At the hearing on a civil withdrawal motion, proof of delivery or attempted delivery is required when the motion is mailed to the client.
Proof of delivery or attempted delivery will be required at the hearing.
Page 8 | 8.6
The confirmation letter must be mailed to all parties and the Court.
A confirmation letter shall be mailed to all parties and the Court
Page 2 | 1.5 SETTING REQUESTS
Copies of pre-trial motions must be furnished to the District Attorney; the text states exceptions for applications for probation and punishment-setting elections.
PRE-TRIAL MOTIONS MUST BE FILED MORE THAN SEVEN (7) DAYS IN ADVANCE OF THE FINAL DOCKET CALL AND COPIES THEREOF FURNISHED TO THE DISTRICT ATTORNEY, OR BE FOREVER WAIVED UNDER THE PROVISIONS OF ARTICLE 28.01, OF THE TEXAS CODE OF CRIMINAL PROCEDURE. EXCEPTIONS WILL BE ALLOWED FOR APPLICATION FOR PROBATION AND ELECTION AS TO JUDGE OR JURY SETTING PUNISHMENT.
Page 5 | 5.13 Final Docket Call
Attorneys may be substituted upon motion and three (3) days notice to all parties.
Attorneys may be substituted upon motion and three (3) days notice to all parties.
Page 7 | 8.4 Substitution
The party preparing an unapproved final judgment must mail a copy to all opposing counsel or unrepresented parties.
a copy shall be mailed to all opposing counsel or unrepresented parties by the party preparing the judgment.
Page 7 | RULE 9. SUBMISSION OF JUDGMENTS/ORDERS
For a withdrawal motion, the client and all parties of record must consent in writing or receive three days’ notice of the hearing.
The client whose attorney seeks to withdraw and all parties of record must either consent in writing to the withdrawal or be given three (3) days notice of the hearing.
Page 7 | 8.3 Withdrawal
If the client’s written consent or another lawyer’s certificate is not provided, a copy of the withdrawal motion and an explanatory letter must be mailed to the client by certified mail, return receipt requested.
Such motion shall be accompanied by the client's written consent to such withdrawal or a certificate by another lawyer that he has been employed to represent the client in the case, or a copy of such motion shall be mailed to the client at his last known address, certified mail, return receipt requested, with a letter advising that the motion will be presented to the Court on the date set for hearing, and that any objection to such withdrawal should be made to the Court in writing before such time.
Page 8 | 8.6
Proof of delivery or attempted delivery of the withdrawal motion must be provided at the hearing.
Proof of delivery or attempted delivery will be required at the hearing.
Page 8 | 8.6
A copy of a civil withdrawal motion must be delivered or mailed to opposing counsel.
A copy of the motion shall be delivered or mailed to opposing counsel.
Page 8 | 8.6
Filing Fees and Waivers
Electronically transmitted documents are not accepted for filing until costs and fees are paid, using a Mastercard, Visa, or Discover account approved by the clerk.
10.3 No document electronically transmitted shall be accepted by the clerk for filing until court costs and fees have been paid. Court costs and fees may be paid by Mastercard, Visa, or Discover account approved by the clerk.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES
Electronically transmitted documents will not be accepted until costs and fees are paid; payment may be made by a clerk-approved Mastercard, Visa, or Discover account, and incomplete or nonconforming submissions will not be filed.
10.3 No document electronically transmitted shall be accepted by the clerk for filing until court costs and fees have been paid. Court costs and fees may be paid by Mastercard, Visa, or Discover account approved by the clerk. Documents tendered to the clerk electronically without payment of court costs and fees, or with incomplete information on the charge authorization or request, or which do not conform to applicable rules, will not be filed.
Page 9 | RULE 10. FILING AND MAIL PROCEDURES.
Sealing & Redaction Procedures
Files in the specified Child Protective Service cases must be sealed and kept confidential; nonparties may access them only by court order.
It is HEREBY ORDERED that all files wherein the Department of Family and Protective Services has filed a Petition for Protection of a Child, for Conservatorship, and for Termination in Suit Affecting the Parent-Child Relationship, Petition for Orders in Aid of Investigation or a Report of Child Abuse or Neglect, or any other Child Protective Service case in the above-named courts shall be sealed and kept confidential, and no person or entity not listed as a party in such record shall have access to such records, without an order from the Court.
Civil cases
Page 1 | STANDING ORDER RE: SEALING OF CHILD PROTECTIVE SERVICE CASES
Segregate documents sought to be excluded in a sealed wrapper and provide a specific privilege pleading with authority citations and a log to the Court and all counsel.
Documents sought to be excluded shall be segregated and furnished to the Court in a sealed wrapper along with a specific pleading of claimed privilege as to each, with citation of authority. A log of same shall be furnished to the Court and all counsel.
Page 3 | RULE 3. CIVIL CASES, 3.512
Documents sought to be excluded must be segregated and submitted to the Court in a sealed wrapper with a specific privilege pleading and supporting authority.
3.512 Documents sought to be excluded shall be segregated and furnished to the Court in a sealed wrapper along with a specific pleading of claimed privilege as to each, with citation of authority.
Page 3 | RULE 3. CIVIL CASES
Pre-Motion Conference Requirements
Before a motion or special exception is set for hearing, the moving party must communicate with opposing counsel to determine whether it will be opposed.
No motion or special exception will be set for hearing until the moving party shall first communicate with opposing counsel to determine whether a contemplated motion or special exception will be opposed.
Page 3 | RULE 3. CIVIL CASES, 3.57
The parties are encouraged to settle amicably and, if unable to do so, must use alternative dispute resolution such as mediation before setting a hearing on temporary or final orders.
The parties are encouraged to settle their disputes amicably without court intervention. In the event the parties are unable to settle their disputes, they are hereby ORDERED to use alternative dispute resolution methods, such as mediation, to settle those items that cannot be agreed to before setting a hearing on temporary orders or final orders.
Page 15 | 9. PARTIES ENCOURAGED/ORDERED TO MEDIATE
Before a motion or special exception is set for hearing, the moving party must communicate with opposing counsel to determine whether it will be opposed.
3.57 No motion or special exception will be set for hearing until the moving party shall first communicate with opposing counsel to determine whether a contemplated motion or special exception will be opposed.
Page 4 | 3.57
The parties are encouraged to settle amicably and, if they cannot, must use an alternative dispute resolution method before setting a hearing on temporary or final orders.
9. PARTIES ENCOURAGED/ORDERED TO MEDIATE. The parties are encouraged to settle their disputes amicably without court intervention. In the event the parties are unable to settle their disputes, they are hereby ORDERED to use alternative dispute resolution methods, such as mediation, to settle those items that cannot be agreed to before setting a hearing on temporary orders or final orders.
Page 13 | 9. PARTIES ENCOURAGED/ORDERED TO MEDIATE
If the parties cannot settle their disputes, they must use alternative dispute resolution, such as mediation, for unresolved matters before setting a hearing on temporary or final orders.
9. PARTIES ENCOURAGED/ORDERED TO MEDIATE. The parties are encouraged to settle their disputes amicably without court intervention. In the event the parties are unable to settle their disputes, they are hereby ORDERED to use alternative dispute resolution methods, such as mediation, to settle those items that cannot be agreed to before setting a hearing on temporary orders or final orders.
Civil cases
Page 1 | PARTIES ENCOURAGED/ORDERED TO MEDIATE
If the parties cannot settle their disputes, they must use alternative dispute resolution, such as mediation, before setting a hearing on temporary or final orders.
In the event the parties are unable to settle their disputes, they are hereby ORDERED to use alternative dispute resolution methods, such as mediation, to settle those items that cannot be agreed to before setting a hearing on temporary orders or final orders.
Civil cases
Page 1 | PARTIES ENCOURAGED/ORDERED TO MEDIATE
Counsel must seek informal discovery from the State; formal discovery motions will be heard only on matters outside the order.
3) To seek informal discovery from the State. Formal discovery motions will only be heard on matters outside of this Order.
Page 14 | II. The Defense Attorney will be responsible for the following
Boilerplate motions that include matters covered by the order, even in part, will be wholly disregarded.
Any "boilerplate" motions filed including (even in part) matters referred to above shall be wholly disregarded.
Page 14 | COURT'S STANDING CRIMINAL PRE-TRIAL ORDER
The parties are encouraged to resolve their disputes amicably without court intervention.
The parties are encouraged to settle their disputes amicably without court intervention.
Civil cases
Page 1 | PARTIES ENCOURAGED/ORDERED TO MEDIATE