Jefferson County Courts at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance motion must be filed no later than five days before the trial or hearing, unless the supporting facts become known on or after that point, in which case it must be filed as soon as possible and will be heard at a time set by the Court.
- File a continuance motion no later than five days before the trial or hearing; if the supporting facts become known on or after that point, file as soon as possible and have it heard when the Court sets a time.
Communication
Phone
Phone
Clerk
Document Format Requirements11 rules
IT IS FURTHER ORDERED that each pleading in cases designated as E-file shall be fully and properly *labeled,
Written objection must be made within 7 days of the request, or such objection may be considered waived.
Video depositions shall be edited to remove superfluous and extraneous material, abandoned objections and colloquy, and undue delays; in addition, video depositions shall be edited for brevity, cogency and clarity.
The death certificate shall be filed unredacted using the filing code “death certificate” (court use only) with a security type of Contains Sensitive Data.
Have your exhibits marked for identification before trial.
Pleadings relating to an ancillary matter must append the applicable letter “A” or number “1” to the cause number.
Court's wording
If a case includes an ancillary matter as that term is defined herein, the cause number of all pleading relating to the ancillary matter shall be followed by the letter “A” or the number “1”, whichever is applicable.
If a case contains more than one ancillary matter then each subsequent matter shall be designated by sequential letters or numbers.
No exhibit list is necessary. Attorneys should mark and number their exhibits and exchange prior to the pre-trial conference or at a mutually agreed date and time no later than 10 days prior to the beginning of the trial docket period, so that objections can be made and ruled upon at the pre-trial conference.
For a party or witness whose physical disability makes personal attendance difficult, counsel may seek a waiver before the hearing or trial for live internet appearance, must arrange the timely connection, and may not use a cell phone for virtual attendance.
Formatting
- •Virtual attendance via cell phone is not allowed
Court's wording
If personal attendance is difficult because of a physical disability of a party or witness, Counsel may seek, prior to the date of hearing or trial, a waiver of personal appearance of that person and to allow a live appearance by virtual appearance via the internet. It will be the responsibility of counsel for that party or witness to arrange for the timely connection via the internet. No virtual attendance will be allowed via cell phone.
Cases will be set for trial by the Court Coordinator or upon written request by any party.
Attorneys should mark and number their exhibits.
- Exhibits
Formatting
- •Mark and number exhibits
Court's wording
Attorneys should mark and number their exhibits and exchange prior to the pre-trial conterence or at a mutually agreed date and time no later than 7 days prior to the beginning of the trial docket period, so that objections can be made and ruled upon at the pre-trial conference.
Document Filing Requirements115 rules
A defendant charged with a qualifying subsequent offense must submit written verification of interlock installation to the Court.
Court's wording
A defendant whose information charges any subsequent offense listed under Sections 49.04 -49.06 of the Texas Penal Code shall not operate any motor vehicle unless the vehicle is equipped with an interlock device mechanism that makes impractical the operation of the vehicle if ethyl alcohol is detected in the breath of the operator; and said device shall be installed at the defendant's expense with written verification of such installation being submitted to the Court on or before the date scheduled for the defendant's initial appearance.
You must appear at the docket call, announce, and then visit the coordinator to execute the resetting agreement.
When you arrive to the courtroom, you have to fill out the Plea Information Form and the following plea paperwork, which is located on the tablets in the courtroom:
If you are hired after the defendant makes an appearance on the Arraignment Docket, you must file a letter of representation with the coordinator before the defendant’s next appearance.
When you are hired before the Arraignment Docket, you must file a letter of representation with the coordinator who will set the case on the Announcement Docket. If this is done, you do not have to appear at the Arraignment Docket.
The ones who ask for a court appointed attorney are told to go to the pretrial office and they are given a detailed application to be answered truthfully.
The only acceptable announcements are: Ready; Not ready and the reason therefor, with a sworn written motion, which will be heard immediately after docket call.
If you have a cause or causes to exonerate the defendant and his sureties from liability upon the forfeiture taken, present your case or cases in your answer to the civil suit and at the summary or final judgment hearing. Art. 2.13 C.C.P.
You must file with the coordinator, thirty days before your vacation begins, a letter stating your vacation period.
Once a case number has been assigned and docketed, all matters relating thereto shall be filed in and remain in that Court using the same cause number.
- Document
- Case related filing
Must include
- •Case number
(f) The ad litem shall make a written report as directed by the Court of the result of the ad litem’s investigation concerning the purpose of the ad litem’s appointment.
If applicable, the original will must have been delivered to the County Clerk for filing.
This includes, but is not limited to, the death certificate, waivers of citation, consents, notices, the unexecuted Proof of Death and Other Facts, unexecuted Statement of Facts, all proposed Orders and Judgments.
The proposed order or judgment must have signature approval from all other counsel or be accompanied by a copy of a letter notifying all counsel of its filing.
Court's wording
(b) All proposed judgments and orders shall be e-filed to the Court after the presenting Counsel has either obtained signature approval from all other Counsel, or has provided the Court with a copy of a letter mailed to all Counsel notifying them that the proposed order or judgment was filed with the Court.
If there is an Attorney ad Litem on the case, his report must be e-filed, along with a Motion and proposed Order for Fees.
The objecting Counsel must then request a hearing
(d) All requests for jury and non-jury trials, which are expected to require more than two (2) hours, shall be made in writing and addressed to the County Judge, Attention: Probate Court Administrative Staff, and are subject to Texas Rules of Civil Procedure requiring minimum periods of notice.
(e) Contested cases will be set for trial by the County Court upon written request and representation of any counsel that the case will be ready for trial.
A request to set a contested matter expected to last less than two hours must be followed by written confirmation of the hearing.
Court's wording
All requests for settings on contested matters, with duration of less than two (2) hours, shall be made by calling the Court Administrative Staff of the County Judge’s office and follow up with a written confirmation of the hearing.
When requesting a trial setting, counsel must inform Court personnel of the estimated trial time and make a good-faith estimate after consulting all counsel and considering the anticipated witness examinations and exhibits.
Court's wording
(f) At the time of making a request for setting, Counsel shall inform the Court personnel of the estimated time for trial. Counsel shall make a good faith estimate of the time required after consulting all Counsel and considering the following: Proper examination of witnesses; Introduction of exhibits; Cross-examination and rebuttal of witnesses reasonably anticipated to be called by all of the parties.
A motion, objection, or special exception will not be set for hearing unless moving counsel certifies in the filing or a letter that a conference occurred without agreement, or explains why no conference occurred.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
(b) No motions, objections or special exceptions will be set for hearing unless the moving Counsel shall have certified, in such motion, or in a letter substantially the following: “A conference was held on (date) with (name of opposing Counsel) 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 Counsel) on the merits of this motion because (explain why no conference was held).”
(b) Every application for relief ex parte shall contain a certificate signed by Counsel that: (i) To the best of their knowledge whether or not the party against whom relief is sought ex parte is represented by Counsel in the matter made the basis of the relief sought; or
The Attorney Ad Litem must be given enough time to visit the Ward and file a written report.
A motion to withdraw without a hearing must include the required party and client consents or an explanation for missing client consent, plus a certificate of the client’s last known address and contact efforts; a substitute attorney’s appearance satisfies only the client-consent and certificate requirements.
Court's wording
A motion to withdraw as attorney of record will be granted without a hearing only if the moving attorney: (a) files written consents to the withdrawal signed by attorneys for all parties; and (b) files a written consent to the withdrawal signed by the client, or includes, in the motion, a specific statement of the circumstances that prevent the moving attorney from obtaining the client’s written consent; and (c) files certificate stating the last known mailing address of the client and of efforts made to contact the client directly. If a motion to withdraw and to substitute another attorney includes an appearance by another attorney pursuant to Rule 10 and Rule 57, Texas Rules of Civil Procedure, that appearance will satisfy the requirements of subparagraphs (b) and (c) above, but such an appearance will not satisfy the requirement that the movant must file written consents to the withdrawal signed by attorneys for all parties.
(ii) If the party against whom relief is sought ex parte or is represented by Counsel, the certificate shall state the name, address, and telephone of such counsel, if known.
(a) All names on applications must match names on wills and other documents. If a person goes by more than one name, his AKA (“also known as”) or FKA (“further known as”) must be referred to in all instruments and signatures must be the usual signature of that person from the initial filing throughout the proceedings and must be one of the AKA or FKA’s.
(d) An Affidavit of Assets is required in all Dependent Administrations and Guardianships and is the basis on which bonds are set.
(h) Application for Payment of Attorney fees in Dependent Administrations and Guardianships must be approved by (signed by) the Personal Representative or Guardian and include an itemized statement.
An application for probate of a will as a muniment of title must include a State of Texas-certified MERP certification stating that no MERP claim is intended against the estate.
Court's wording
(c) An Application for Probate of Will as a Muniment of Title shall be accompanied by a Medicaid Estate Recovery Program (MERP) Certification, certified by the State of Texas indicating there is no intention of filing a MERP Claim filed against the decedent’s estate.
(g) Appointment of Resident Agent shall be filed as a separate instrument.
(b) All applications for probate must have the last three (3) digits of the applicant’s social security number and the last three (3) digits of the applicant’s driver’s license number.
(e) Minimum Bonds for Dependent Administrations and Guardianships of the Estate are $8,500 and must be made by a corporate surety. Bonds will not be waived by the Court, except in extremely rare instances. Personal bonds may be granted for Guardians of the Person, only.
An Application and Judgment of Heirship are required in the specified independent-administration, intestate-estate, and guardianship-estate circumstances.
Court's wording
Application and Judgment of Heirship is required when (i) Application is filed for Independent Administration pursuant to Section 401.003 of the Texas Estates Code; (ii) Application to make distributions from or to close intestate Decedent’s Estate is filed; (iii) Application to close deceased intestate ward’s Guardianship Estate is filed and no administration is necessary.
An heirship application must request an Attorney Ad Litem for unknown heirs and include an appointment order with a blank for the attorney’s name.
Court's wording
An Application to Determine Heirship must always request appointment of Attorney Ad Litem to represent unknown heirs. Counsel must include an Order appointing an Attorney Ad Litem leaving a blank space for the Court to enter the appointed Attorney’s name.
The Attorney Ad Litem must interview the witnesses and submit a written report to the Court prior to the hearing and attend the hearing.
If the Decedent was married on the date of death, the Judgment of Heirship must address ownership of both Community and Separate Property. The Attorney Ad Litem shall review the Judgment for correctness prior to hearing and approve the Judgment by signing it.
The applicant must testify to the elements contained in Section 202.004 et. seq., Texas Estates Code. Testimony must be reduced to writing before the hearing, and the witness must swear to the truth of the writing at the hearing.
An Application to Determine Heirship must request proper Citation including Citation by publication and posting on the OCA website to unknown heirs and heirs whose whereabouts are unknown.
Two qualifying disinterested witnesses must provide written, sworn testimony about the decedent’s family genealogy in substantially the statutory affidavit form.
Court's wording
Two (2) disinterested witnesses (those who are not heirs and are outside the second degree of kinship to the decedent) who have known the decedent for at least fifteen (15) years must testify regarding relevant family genealogy of the decedent, not conclusory statements of heirship. The testimony shall be in substantially the same form as the Section 203.002, Affidavit of Facts Concerning the Identity of Heirs. Testimony must be reduced to writing before the hearing, and the witnesses must swear to the truth of the writing at the hearing.
Order for payment of Ad Litem fees must be submitted in a separate order for Reporting to the State. The Order that must be used is located on the Probate Court’s website. It must be completed and e-filed along with a Motion for Payment.
If it doesn’t specify “Independent” the Court and the Clerk interprets the term “Administration” to mean “Dependent”. Citations and Notices will be for “Dependent” proceedings, and must be re-posted and noticed before an Independent Administration can be granted.
Unless Counsel wants an Independent Administration with the necessity of a bond, the heirs/devisees shall request and the Order shall state that bond is waived.
If the proposed Ward, for whom the Attorney Ad Litem has been appointed, is unable to attend the hearing, the Attorney Ad Litem shall file a Motion and Order to Waive the Ward’s Appearance.
Annual Accountings and Annual Reports of the Person shall not be waived in guardianships.
All annual accountings shall begin with the preceding inventory or annual accounting as the case may be, and shall be concluded with a recapitulation and reconciliation, all cash accounts shall be confirmed by the depository, and supporting vouchers shall be provided upon request of the Court.
Annual Accountings shall not be waived in dependent administrations.
IT IS FURTHER ORDERED that each pleading in cases designated as E-file shall be fully and properly *labeled, and a pleading shall deal with only one subject matter.
The attorneys are required to furnish a proposed charge at the beginning of jury selection, but should also be prepared to discuss any unusual issues or instructions at the pre-trial conference.
Attorneys shall certify each such attempt in accordance with Rule 2(E) hereof.
A person seeking approval of fees for the specified court-appointed roles must provide the listed information to the Court.
Court's wording
Any person who seeks approval of fees for serving as Attorneys Ad Litem, Guardians Ad Litem, court appointed Mediators and Guardians shall provide the following information to the court upon seeking approval of any fee: 1). Name of person appointed 2). Attorney's State Bar Card No. (if applicable) 3). Title of position to with appointed 4). Relationship to the ward or deceased 5). Source of fees 6). Fee type 7) Upon approval, amount of fee approved
A withdrawal motion must state whether the client agrees, include the client's signature if the client agrees, provide the client's full address and telephone number with a current-and-valid certification, and comply with Rule 10, TRCP; the attorney must also provide evidence of timely notice to the client.
Court's wording
Motions to Withdraw by counsel shall state whether or not the client has agreed to the withdrawal, and, if so, the motion shall be signed by the client evidencing such agreement. The withdrawing attorney must provide evidence that the client has received a copy of the motion and notice of a hearing thereon at least 7 days in advance thereof. Counsel must also provide, in the motion, the client's full address and telephone number, and certify that the same are, as of the time of filing of the motion, current and valid for the client. All motions should comply with Rule 10, TRCP.
Additionally, any proposed Order seeing approval of any such fees shall contain the above information.
The Order of withdrawal shall contain language ordering the client (whose lawyer is withdrawing) to maintain a current and valid mailing address with the Court and all other parties until the end of the litigation or until such party obtains new counsel who makes a proper appearance.
A trial-setting request must indicate that pleadings are in order, discovery is complete or will be completed by trial, and lead counsel will be available.
Court's wording
A trial setting request from any party indicates the following: 1). All pleadings are in order, 2). All discovery is complete or will be completed by the time of trial including designations of experts and the taking of their depositions, if necessary, and 3). Lead counsel will be available for trial.
C. COURT'S CHARGE: The attorneys are required to furnish a proposed charge at the beginning of jury selection, but should also be prepared to discuss any unusual issues or instructions at the pre-trial conference.
Anyone seeking approval of fees for the specified court-appointed services must submit the completed Order Approving Payment of Fees form.
Court's wording
Any person who seeks approval of fees for serving as Attorneys Ad Litem, Guardians Ad Litem, court appointed Mediators and Guardians shall complete and e-file the form "Order Approving Payment of Fees" located on this Court's webpage.
Attorneys shall certify each such attempt in accordance with Rule 2(E) hereof.
The Order of Withdrawal shall contain language ordering the client (whose lawyer is withdrawing) to maintain a current and valid mailing address and email address, if known, with the Court and all other parties until the end of the litigation or until such party obtains new counsel who makes a proper appearance and that failure to do so will result in contempt actions.
Motions to Withdraw by counsel shall state whether or not the client has agreed to the withdrawal, and, if so, the motion shall be signed by the client evidencing such agreement.
Filing & Service rules
Electronic Filing Rules
If a case has an Attorney ad Litem, the report, a motion, and a proposed order for fees must be e-filed.
If there is an Attorney ad Litem on the case, his report must be e-filed, along with a Motion and proposed Order for Fees.
Page 3 | Rule 2.2: The Setting of Cases
Record materials must be filed with the Clerk electronically under Office of Court Administration requirements, with applicable fees paid.
(a) All pleadings, motions, notices, briefs, proposed orders, proposed judgments, and any other paper, document or thing made a part of the record shall be filed (and all applicable fees paid) with the Clerk, via E file and pursuant to the mandates of the Office of Court Administration, before being presented to the Court.
Page 3 | Rule 2.1: Filing Papers
Proposed judgments and orders must be e-filed after all counsel approve by signature or after the Court receives a copy of a mailed notice to all counsel.
(b) All proposed judgments and orders shall be e-filed to the Court after the presenting Counsel has either obtained signature approval from all other Counsel, or has provided the Court with a copy of a letter mailed to all Counsel notifying them that the proposed order or judgment was filed with the Court.
Page 3 | Rule 2.1: Filing Papers
All required filings in a case must be e-filed before a hearing setting is obtained.
All required filings in each case must be e-filed prior to obtaining a setting.
Page 3 | Rule 2.2: The Setting of Cases
Affidavits of Assets must be filed electronically before the hearing.
Affidavits of Assets must be e-filed prior to the hearing.
Page 8 | Rule 4.1: General Requirements
Counsel must e-file the listed unexecuted and Ad Litem-approved documents before obtaining a hearing date.
Counsel e-file unexecuted Proofs of Death, Affidavit of Facts Concerning the Identity of Heirs, Death Certificate, and Ad Litem approved Orders to the Court before obtaining a hearing date.
Page 9 | Rule 4.2: Application to Determine Heirship
The completed State-reporting order for Ad Litem fees and the Motion for Payment must be e-filed together.
Order for payment of Ad Litem fees must be submitted in a separate order for Reporting to the State. The Order that must be used is located on the Probate Court’s website. It must be completed and e-filed along with a Motion for Payment.
Page 10 | Rule 4.2: Application to Determine Heirship
Proposed orders and judgments must be e-filed as attachments.
IT IS HEREBY ORDERED all proposed orders and judgments will be e-filed as attachments.
Civil cases
Page 1 | FIRST AMENDED LOCAL RULE - ELECTRONIC FILING AND SERVICE OF PLEADINGS
Anyone seeking approval of fees for the specified court-appointed services must complete and e-file the Court's Order Approving Payment of Fees form.
Any person who seeks approval of fees for serving as Attorneys Ad Litem, Guardians Ad Litem, court appointed Mediators and Guardians shall complete and e-file the form "Order Approving Payment of Fees" located on this Court's webpage.
Page 7 | RULE 6: GENERAL, D. ATTORNEYS AD LITEM, GUARDIANS AD LITEM, MEDIATORS AND GUARDIANS
If the case has an Attorney ad Litem, the report, a motion, and a proposed order for fees must be e-filed.
If there is an Attorney ad Litem on the case, his report must be e-filed, along with a Motion and proposed Order for Fees.
Page 3 | Rule 2.2: The Setting of Cases
Record papers must be e-filed with the Clerk under Office of Court Administration requirements before presentation to the Court.
All pleadings, motions, notices, briefs, proposed orders, proposed judgments, and any other paper, document or thing made a part of the record shall be filed (and all applicable fees paid) with the Clerk, via E file and pursuant to the mandates of the Office of Court Administration, before being presented to the Court.
Page 3 | Rule 2.1: Filing Papers
Proposed judgments and orders must be e-filed after counsel obtains all other counsel’s signature approval or provides the Court a copy of a mailed filing-notice letter to all counsel.
All proposed judgments and orders shall be e-filed to the Court after the presenting Counsel has either obtained signature approval from all other Counsel, or has provided the Court with a copy of a letter mailed to all Counsel notifying them that the proposed order or judgment was filed with the Court.
Page 3 | Rule 2.1: Filing Papers
All required filings in each case must be e-filed before a hearing setting is obtained.
All required filings in each case must be e-filed prior to obtaining a setting.
Page 3 | Rule 2.2: The Setting of Cases
Affidavits of Assets must be filed electronically before the hearing.
Affidavits of Assets must be e-filed prior to the hearing.
Page 8 | Rule 4.1: General Requirements
The completed Ad Litem fee payment order must be e-filed with the Motion for Payment.
It must be completed and e-filed along with a Motion for Payment.
Page 10 | Rule 4.2: Application to Determine Heirship
Counsel must e-file the listed unexecuted and Ad Litem-approved documents before obtaining a hearing date; failure to provide them timely results in cancellation of the hearing.
Counsel e-file unexecuted Proofs of Death, Affidavit of Facts Concerning the Identity of Heirs, Death Certificate, and Ad Litem approved Orders to the Court before obtaining a hearing date. Failure to timely provide the documents to Court personnel will result in cancellation of the hearing.
Page 10 | Rule 4.2: Application to Determine Heirship
Criminal-matter documents must be e-filed, except in cases where the defendant is pro se.
As of January 1, 2018, Jefferson County Courts at Law No. 2 and No. 3 will make effective the Supreme Court Order of 06/30/2016 under Misc. Docket No. 16-003, all documents that are a part of criminal matters must bee-filed, mandated January 1, 2018, EXCEPT cases where defendant is pro se.
Page 1 | SECOND AMENDED LOCAL RULE - ELECTRONIC FILING AND SERVICE OF PLEADINGS
Proposed orders and judgments must be e-filed as attachments and coded as “Proposed Order (Attachment Only)” in the security setting.
It IS HEREBY ORDERED all proposed orders and judgments will be e-filed as an attachment and coded as a Proposed Order (Attachment Only) in the security setting.
Page 1 | SECOND AMENDED LOCAL RULE - ELECTRONIC FILING AND SERVICE OF PLEADINGS
Proposed orders and judgments must be e-filed as lead documents.
IT IS HEREBY ORDERED all proposed orders and Judgment will be e-filed as lead documents.
Civil cases
Page 1 | RE: ELECTRONIC FILING AND SERVICE OF PLEADINGS
The court makes the Supreme Court's required electronic-filing order effective for civil cases.
Effective immediately, Jefferson County Court at Law No. 1, will make effective the Order of the Supreme Court of Texas "Order Requiring Electronic Filing in Certain Courts" with regard to civil cases.
Civil cases
Page 1 | RE: ELECTRONIC FILING AND SERVICE OF PLEADINGS
Filing Timing and Cure Windows
Written verification of interlock installation must be submitted to the Court on or before the defendant's scheduled initial appearance.
with written verification of such installation being submitted to the Court on or before the date scheduled for the defendant's initial appearance.
Criminal cases
Page 2 | STANDARD BOND CONDITIONS IN COUNTY COURT AT LAW NO. 1, 2 & 3
The letter of representation must be filed before the defendant’s next appearance when counsel is hired after arraignment.
If you are hired after the defendant makes an appearance on the Arraignment Docket, you must file a letter of representation with the coordinator before the defendant’s next appearance.
Page 2 | CHAPTER 3 – Announcement Docket
The election-to-have-the-jury-assess-punishment motion must be filed and brought to the attention of the court and prosecutor before trial; it will not support a charge authorizing the jury to recommend probation.
This motion is self-executing and must be filed before the trial begins, but it must be brought to the attention of the court and prosecutor before trial so that a proper voir dire can be conducted. This motion will not support a charge authorizing the jury to recommend community supervision (probation).
Page 4 | CHAPTER 6 – PRETRIAL (d) Election to have Jury Assess Punishment
An application for probation must be filed and brought to the attention of the court and prosecutor before trial.
This motions is self-executing and must be filed before the trial begins, but it must be brought to the attention of the court and prosecutor before trial so that a proper voir dire can be conducted.
Page 4 | CHAPTER 6 – PRETRIAL (e) Application For Probation
File a letter stating the vacation period with the coordinator 30 days before the vacation begins.
You must file with the coordinator, thirty days before your vacation begins, a letter stating your vacation period.
Page 6 | CHAPTER 5 – Vacations
Covered materials must be filed before they are presented to the Court.
(a) All pleadings, motions, notices, briefs, proposed orders, proposed judgments, and any other paper, document or thing made a part of the record shall be filed (and all applicable fees paid) with the Clerk, via E file and pursuant to the mandates of the Office of Court Administration, before being presented to the Court.
Page 3 | Rule 2.1: Filing Papers
Trial-setting requests for trials expected to require more than two hours must comply with minimum notice periods required by the Texas Rules of Civil Procedure.
All requests for jury and non-jury trials, which are expected to require more than two (2) hours, shall be made in writing and addressed to the County Judge, Attention: Probate Court Administrative Staff, and are subject to Texas Rules of Civil Procedure requiring minimum periods of notice.
Page 4 | Rule 2.2: The Setting of Cases
A requested trial setting may be for a specific week no sooner than 45 days after the request, unless the Court grants leave or all counsel agree to an earlier setting.
The request may ask for a setting on a specific trial week, but no sooner than 45 days from the date of request, unless leave of court is obtained, or all Counsel agree to an earlier setting.
Page 4 | Rule 2.2: The Setting of Cases
After settlement, counsel for the plaintiff, movant, or party seeking affirmative relief must assure the Court that appropriate settlement documents will be presented within 14 days.
(c) If the parties reach a settlement, Counsel representing the plaintiff, Movant or party seeking affirmative relief, shall notify the Court of such settlement, and that the trial or hearing date is no longer needed and assure the Court that all appropriate settlement documents will be presented to the Court within 14 days.
Page 5 | Rule 2.5: Continuances, Agreed Passes and Settlements
An application or case must be filed with the Clerk before the application for action or relief is presented to a judge.
(a) An application for action or relief, including but not limited to, restraining orders, writs of habeas corpus, receivership, temporary administration, proceedings for examination and delivery of the contents of safe deposit boxes or any papers of a decedent pursuant to Sections 151.001 through 151.005 of the Texas Estates Code, shall not be presented to a judge until the application or case has been filed with the Clerk (and all fees paid).
Page 6 | Rule 2.7: Matters Requiring Immediate Action
The temporary guardianship hearing must be held within 10 days after the application is filed.
The hearing is to be held within 10 days of the filing of the Application for Temporary Guardianship.
Page 7 | Rule 2
An Affidavit of Assets must be filed before the hearing.
Affidavits of Assets must be e-filed prior to the hearing.
Page 8 | Rule 4.1: General Requirements
A personal representative must post the required bond within 20 days after the order is signed or the appointment order will be rescinded without further notice.
(f) If a personal representative fails to qualify by posting the required bond within 20 days from the date the order is signed, the order appointing the personal representative shall be rescinded without further notice.
Page 8 | Rule 4.1: General Requirements
The listed documents must be provided before a hearing date is obtained; failure to provide them timely results in cancellation of the hearing.
Counsel e-file unexecuted Proofs of Death, Affidavit of Facts Concerning the Identity of Heirs, Death Certificate, and Ad Litem approved Orders to the Court before obtaining a hearing date. Failure to timely provide the documents to Court personnel will result in cancellation of the hearing.
Page 9 | Rule 4.2: Application to Determine Heirship
An independent executor must file the required inventory within 90 days of qualification unless the court enters a written extension order after an application is filed.
An inventory as required by law shall be filed within 90 days from qualification of the independent executor, unless the court after application is filed enters a written order extending the time for filing.
Page 10 | Rule 4.3: Letters Testamentary
An independent administrator must file the required inventory within 90 days of qualification unless the court enters a written extension order after an application is filed.
An inventory as required by law shall be filed within 90 days from qualification of the independent administrator, unless the court after application is filed enters a written order extending the time for filing.
Page 10 | Rule 4.4: Letters of Independent Administration
Annual accountings must use a year-end date 12 months after the administrator qualifies unless the Court orders a different date.
All annual accountings shall have a year end date 12 months from the date of qualification of the administrator, unless the Court enters a written order providing for a different year- end date.
Page 11
Annual accountings and annual reports must use a year-end date 12 months after the guardian qualifies unless the Court orders a different date.
All annual accountings and annual reports shall have a year end date 12 months from the date of qualification of the guardian, unless the Court enters a written order providing for a different year-end date.
Page 11 | Rule 4.6: Letters of Guardianship
An Inventory, Appraisement and List of Claims must be filed within 30 days after the guardian qualifies unless the court enters a written order extending the filing time after an application.
An Inventory, Appraisement and List of Claims, as required by law, shall be filed within 30 days from qualification of the Guardian of a ward’s Estate, unless the court, after application is filed, enters a written order extending the time for filing.
Page 11 | Rule 4.6: Letters of Guardianship
The Initial Report of Guardian of a Person must be submitted to the County Judge within 30 days after the guardian qualifies.
An Initial Report of Guardian of a Person shall be submitted to the County Judge within 30 days after qualification of the guardian.
Page 11 | Rule 4.6: Letters of Guardianship
Annual accountings must be filed within 60 days after the year-end date unless the Court enters a written order extending the filing date after an application.
Annual Accountings shall be filed within 60 days from the year-end date, unless after application the Court enters a written order extending the date for filing.
Page 11
An inventory must be filed within 90 days after the administrator qualifies unless the court enters a written order extending the filing time after an application.
An inventory shall, as required by law, be filed within 90 days from qualification of the administrator, unless the court, after application is filed, enters a written order extending the time for filing.
Page 11
An objection to a trial-setting request must be made in writing within 7 days or it may be considered waived.
Written objection must be made within 7 days of the request, or such objection may be considered waived.
Page 1 | RULE 1: SETTING OF CASES FOR TRIAL — A. OBTAINING A TRIAL SETTING
Objections to video depositions must be made and set for hearing at least three days before trial or they will be waived.
failure to make objections and set for hearing at least 3 days prior to trial will be waiver of objections
Page 5 | E. VIDEO DEPOSITIONS
A written objection to a trial-setting request must be made within 7 days of the request or it may be considered waived.
Written objection must be made within 7 days of the request, or such objection may be considered waived.
Page 1 | RULE 1: SETTING OF CASES FOR TRIAL
Exhibit objections must be set for hearing no later than 3 days before trial; objections not heard before trial are waived.
Objections must be set for hearing no later than 3 days prior to trial. Failure to have objections to exhibits heard prior to trial will result in waiver of objection.
Page 4 | RULE 4: PRE-TRIAL REQUIREMENTS FOR JURY TRIALS — B. EXHIBITS
Record papers must be filed before they are presented to the Court.
All pleadings, motions, notices, briefs, proposed orders, proposed judgments, and any other paper, document or thing made a part of the record shall be filed (and all applicable fees paid) with the Clerk, via E file and pursuant to the mandates of the Office of Court Administration, before being presented to the Court.
Page 3 | Rule 2.1: Filing Papers
For other proposed orders and judgments, counsel must make an appropriate motion for entry, and the Court will act after 20 days from notification if it receives no written objection or opposition, subject to any specific period required by the Texas Rules of Civil Procedure after citation.
On all other proposed orders and judgments, the Court will act, upon an appropriate motion for entry, after twenty (20) days from the date of notification, if the Court receives no written objections or oppositions, or unless the Texas Rules of Civil Procedure require a specific period after citation.
Page 3 | Rule 2.1: Filing Papers
A requested trial setting may specify a trial week no sooner than 45 days after the request, unless the Court grants leave or all Counsel agree to an earlier setting.
The request may ask for a setting on a specific trial week, but no sooner than 45 days from the date of request, unless leave of court is obtained, or all Counsel agree to an earlier setting.
Page 4 | Rule 2.2: The Setting of Cases
Service and Proof of Service Rules
Until an order dismisses the ad litem, the ad litem must be notified of all hearings and conferences and served with all pleadings.
(e) Until an order is signed dismissing an ad litem, the ad litem shall be notified of all hearings and/or conferences with the Court, and shall be served with all pleadings.
Page 3 | Rule 1.3: Parties and Parties Proceeding Pro Se
If a Citation by Publication and OCA publication have been issued, they must be published and returned to the Clerk’s office before a hearing is obtained.
If a Citation by Publication and OCA publication has been issued in a case, it must be published and returned to the Clerk’s office prior to obtaining a hearing.
Page 3 | Rule 2.2: The Setting of Cases
Pleading amendments must comply with the Texas Rules of Civil Procedure, be filed only with notice to all other parties, and remain subject to docket control orders.
(c) Amendments to pleadings shall be filed in accordance with the Texas Rules of Civil Procedure and shall be filed only with notice to all other parties, and subject to any docket control orders.
Page 3 | Rule 2.1: Filing Papers
If signature approval is not obtained, the presenting counsel must mail all counsel notice that the proposed order or judgment was filed.
or has provided the Court with a copy of a letter mailed to all Counsel notifying them that the proposed order or judgment was filed with the Court.
Page 3 | Rule 2.1: Filing Papers
The trial-setting request must be sent to all counsel.
The request must be sent to all Counsel.
Page 4 | Rule 2.2: The Setting of Cases
The party setting a case must timely notify all other parties.
Any party setting a case shall be responsible for timely notifying all other parties in the case.
Page 4 | Rule 2.2: The Setting of Cases
The proposed Ward must receive notice before the hearing and have an Attorney Ad Litem appointed to represent him.
The proposed Ward must receive prior notice and have an Attorney Ad Litem appointed to represent him at the hearing.
Page 7 | Rule 2
If the Local Rule’s requirements are not met, the motion must be presented at a hearing after notice to the client and all other parties.
If all requirements of this Local Rule are not satisfied, a motion to withdraw or to substitute another attorney must be presented at a hearing after notice to the client and to all other parties.
Page 7 | Rule 2.8
The Court must give notice of cases set for dismissal for want of prosecution, and dismissal occurs on the date stated in the notice.
Pursuant to Rule 165a, Texas Rules of Civil Procedure, the Court shall give notice that certain cases will be dismissed for want of prosecution. Such matters will be dismissed on the date indicated in the notice of dismissal.
Page 8 | Rule 3.2: Notice
The application must request citation by publication and posting on the OCA website to the specified heirs.
An Application to Determine Heirship must request proper Citation including Citation by publication and posting on the OCA website to unknown heirs and heirs whose whereabouts are unknown.
Page 9 | Rule 4.2: Application to Determine Heirship
Citations and notices issued for dependent proceedings must be re-posted and noticed before independent administration can be granted.
If it doesn’t specify “Independent” the Court and the Clerk interprets the term “Administration” to mean “Dependent”. Citations and Notices will be for “Dependent” proceedings, and must be re-posted and noticed before an Independent Administration can be granted.
Page 10 | Rule 4.5: Letters of Administration
A motion in limine must be served on all counsel of record before the pre-trial conference.
If a Motion in Limine is to be filed or if counsel desires to limine possible matters, a Motion in Limine shall be prepared and served on all counsel of record before the pre-trial conference.
Page 4 | RULE 4: PRE-TRIAL REQUIREMENTS FOR JURY TRIALS — A. MOTIONS IN LIMINE
The edited video deposition must be furnished to opposing counsel under the referenced guidelines; failure to do so may result in exclusion.
The edited version shall be furnished to opposing counsel pursuant to the guidelines outlined in B., above. Failure to furnish the edited version to opposing counsel may result in exclusion
Page 5 | E. VIDEO DEPOSITIONS
Deposition page and line designations must be exchanged and furnished at trial to opposing counsel, the court reporter, and the court.
Page and line designations shall be exchanged between the parties pursuant to guidelines outlined in item "B" above and furnished at the time of trial to opposing counsel, the court reporter, and to the court.
Page 5 | D. NON-VIDEO DEPOSITIONS
The court must be furnished a copy of any deposition to be read so it can rule on objections.
Additionally, the court shall be furnished a copy of any deposition to be read, for the purpose of ruling on objections.
Page 5 | D. NON-VIDEO DEPOSITIONS
The withdrawing attorney must provide evidence that the client received the motion and hearing notice at least 7 days before the hearing.
The withdrawing attorney must provide evidence that the client has received a copy of the motion and notice of a hearing thereon at least 7 days in advance thereof.
Page 8 | RULE 6: GENERAL — E. WITHDRAWAL OF COUNSEL
If counsel intends to file a Motion in Limine or desires to limine possible matters, the motion must be prepared and served on all counsel of record before the pre-trial conference.
A. MOTIONS IN LIMINE: If a Motion in Limine is to be filed or if counsel desires to limine possible matters, a Motion in Limine shall be prepared and served on all counsel of record before the pre-trial conference.
Page 4 | RULE 4: PRE-TRIAL REQUIREMENTS FOR JURY TRIALS — A. MOTIONS IN LIMINE
The edited video deposition must be furnished to opposing counsel; failure may result in exclusion, and objections must be made and set for hearing at least 3 days before trial or they are waived.
Failure to furnish the edited version to opposing counsel may result in exclusion, and failure to make objections and set for hearing at least 3 days prior to trial will be waiver of objections; the objective being to avoid interruptions or delay in the presentation of video depositions.
Page 5 | E. VIDEO DEPOSITIONS
Page and line designations must be exchanged between the parties under the referenced guidelines and furnished at trial to opposing counsel, the court reporter, and the court.
Page and line designations shall be exchanged between the parties pursuant to guidelines outlined in item "B" above and furnished at the time of trial to opposing counsel, the court reporter, and to the court.
Page 5 | D. NON-VIDEO DEPOSITIONS
The court must be furnished a copy of any deposition that will be read so it can rule on objections.
Additionally, the court shall be furnished a copy of any deposition to be read, for the purpose of ruling on objections.
Page 5 | D. NON-VIDEO DEPOSITIONS
The withdrawing attorney must provide evidence that the client received the motion and hearing notice at least 10 days before the hearing.
The withdrawing attorney must provide evidence that the client has received a copy of the motion and notice of a hearing thereon at least 10 days in advance thereof.
Page 8 | RULE 6: GENERAL, E. WITHDRAWAL OF COUNSEL
In addition to any other service, serve self-represented litigants by regular mail at their last known current mailing address.
Additionally, service on self-represented litigants shall also be made by mailing a copy by regular mail to the last known current mailing address.
Page 8 | RULE 6: GENERAL, F. PRO SE PARTIES
If a Citation by Publication and OCA publication has been issued, it must be published and returned to the Clerk’s office before obtaining a hearing.
If a Citation by Publication and OCA publication has been issued in a case, it must be published and returned to the Clerk’s office prior to obtaining a hearing.
Page 3 | Rule 2.2: The Setting of Cases
When signature approval has not been obtained, the presenting Counsel must mail all Counsel notice that the proposed order or judgment was filed and provide the Court a copy of the letter.
All proposed judgments and orders shall be e-filed to the Court after the presenting Counsel has either obtained signature approval from all other Counsel, or has provided the Court with a copy of a letter mailed to all Counsel notifying them that the proposed order or judgment was filed with the Court.
Page 3 | Rule 2.1: Filing Papers
Amendments to pleadings must comply with the Texas Rules of Civil Procedure, be filed with notice to all other parties, and comply with docket control orders.
Amendments to pleadings shall be filed in accordance with the Texas Rules of Civil Procedure and shall be filed only with notice to all other parties, and subject to any docket control orders.
Page 3 | Rule 2.1: Filing Papers
Until dismissal by signed order, the ad litem must be notified of every court hearing and conference and served with all pleadings.
Until an order is signed dismissing an ad litem, the ad litem shall be notified of all hearings and/or conferences with the Court, and shall be served with all pleadings.
Page 3 | Rule 1.3: Parties and Parties Proceeding Pro Se
The trial-setting request must be sent to all Counsel.
The request must be sent to all Counsel.
Page 4 | Rule 2.2: The Setting of Cases
A party setting a case is responsible for timely notifying all other parties.
Any party setting a case shall be responsible for timely notifying all other parties in the case.
Page 4 | Rule 2.2: The Setting of Cases
After receiving a hearing date and time, moving counsel must immediately notify all counsel in writing of the date, time, and subject matter and provide a copy to court personnel.
(c) Court personnel are responsible for scheduling the dates and times for hearings. Upon receiving the date and time of hearing, the moving Counsel shall immediately notify all Counsel in writing as to the date, time and subject matter of the hearing. A copy of this communication shall be provided to the Court personnel.
Page 6 | Rule 2.6 Motion Practice
Filing Fees and Waivers
Applicable filing fees must be paid when record materials are filed with the Clerk.
(a) All pleadings, motions, notices, briefs, proposed orders, proposed judgments, and any other paper, document or thing made a part of the record shall be filed (and all applicable fees paid) with the Clerk, via E file and pursuant to the mandates of the Office of Court Administration, before being presented to the Court.
Page 3 | Rule 2.1: Filing Papers
An application for action or relief may not be presented to a judge until the application or case has been filed with the Clerk and all fees have been paid.
(a) An application for action or relief, including but not limited to, restraining orders, writs of habeas corpus, receivership, temporary administration, proceedings for examination and delivery of the contents of safe deposit boxes or any papers of a decedent pursuant to Sections 151.001 through 151.005 of the Texas Estates Code, shall not be presented to a judge until the application or case has been filed with the Clerk (and all fees paid).
Page 6 | Rule 2.7: Matters Requiring Immediate Action
Applicable filing fees must be paid to the Clerk for papers made part of the record.
All pleadings, motions, notices, briefs, proposed orders, proposed judgments, and any other paper, document or thing made a part of the record shall be filed (and all applicable fees paid) with the Clerk, via E file and pursuant to the mandates of the Office of Court Administration, before being presented to the Court.
Page 3 | Rule 2.1: Filing Papers
An application or case may not be presented to a judge until it has been filed with the Clerk and all fees have been paid.
shall not be presented to a judge until the application or case has been filed with the Clerk (and all fees paid).
Page 7
Filing Bundling Requirements
In cases designated as E-file, different matters must be filed as separate pleadings rather than combined in a gang filing.
Thus, for example, a Motion To Transfer Venue may not be combined with an Answer, but they shall be two separate pleadings, each labeled accordingly and filed separately, In similar fashion, all matters shall be separately pleaded, labeled, and filed, and there shall be no "gang filing".
Civil cases
Page 1 | FIRST AMENDED LOCAL RULE - ELECTRONIC FILING AND SERVICE OF PLEADINGS
The Ad Litem fee payment order and Motion for Payment must be filed together.
It must be completed and e-filed along with a Motion for Payment.
Page 10 | Rule 4.2: Application to Determine Heirship
In cases designated as E-File, pleadings must address only one subject matter and separate matters must be separately pleaded and filed; gang filing is prohibited.
IT IS FURTHER ORDERED that each pleading in cases designated as E-File shall be fully and properly labeled, and a pleading shall deal with only one subject matter. Thus, for example, a Motion to Require State to List Witnesses may not be combined with a Motion for Request for Discovery and Inspection of Evidence, but they shall be two separate pleadings, each labeled accordingly and filed separately. In similar fashion, all matters shall be separately pleaded, labeled, and filed, and there shall be no "gang filing". The purpose of this requirement is so that separate matters may be readily indexed and located in the electronic file.
Page 1 | SECOND AMENDED LOCAL RULE - ELECTRONIC FILING AND SERVICE OF PLEADINGS
Separate matters must be separately pleaded, labeled, and filed; combining them in a gang filing is prohibited.
Thus, for example, a Motion to Transfer Venue may not be combined with an Answer, but they shall be two separate pleadings, each labeled accordingly and filed separately. In similar fashion, all matters shall be separately pleaded, labeled, and filed, and there shall be no "gang filing".
Civil cases
Page 1 | RE: ELECTRONIC FILING AND SERVICE OF PLEADINGS
Pre-Motion Conference Requirements
A motion to withdraw as counsel cannot be granted without a coordinator-set hearing; the defendant must be notified to attend docket call and must be present, or the bond will be forfeited, and the motion cannot be granted if the defendant is at large and cannot be notified.
These motions will not be granted without a hearing set by the coordinator, and the defendant must be notified that he or she must be present at the docket call. The defendant must be present so that he/she can be given time to hire another attorney. If the defendant does not appear, the bond will be forfeited. If the defendant is at large, the motion cannot be granted because obviously the defendant cannot be notified.
Page 4 | CHAPTER 6 – PRETRIAL (f) Motions To Withdraw As Counsel
Before a contested hearing is scheduled, each party’s attorney or representative must confer to try to resolve the disputed issues.
Before scheduling a case for a contested hearing, the attorneys or representative for each party shall confer in an attempt to amicably resolve the issues in controversy.
Page 5 | 2. CASES
Counsel must make every effort to confer and discuss resolution of disputed matters at least seven days before trial.
Every effort to confer and discuss resolution of disputed matters is to be made at least 7 days prior to trial.
Page 6 | Rule 2.6 Motion Practice
Before any motion or contested matter is heard, the parties must make a good-faith attempt to resolve it by agreement.
Before any motion or other contested matter will be heard, the parties must make a good faith attempt to resolve the disputed matter by agreement.
Page 3 | RULE 2: HEARINGS — A. CONFERENCE
A motion in limine must be prepared and served before the pre-trial conference and heard at or before it; counsel should assume later requests may be waived or denied if this is not done.
If a Motion in Limine is to be filed or if counsel desires to limine possible matters, a Motion in Limine shall be prepared and served on all counsel of record before the pre-trial conference. It is the responsibility of counsel to have such motions heard at or before the pre-trial conference. Counsel should assume that failure to do so will result in waiver or denial of later in-limine requests.
Page 4 | RULE 4: PRE-TRIAL REQUIREMENTS FOR JURY TRIALS — A. MOTIONS IN LIMINE
Objections to exhibits must be set for hearing no later than three days before trial and heard before trial or the objection is waived.
Objections must be set for hearing no later than 3 days prior to trial. Failure to have objections to exhibits heard prior to trial will result in waiver of objection.
Page 4 | RULE 4: PRE-TRIAL REQUIREMENTS FOR JURY TRIALS — B. EXHIBITS
Before seeking Court intervention in a discovery dispute, parties should make a good-faith attempt to resolve it.
The resolution of discovery dispute(s) will be expedited, to a substantial extent, by a good-faith attempt to resolve the problem before Court intervention.
Page 7 | RULE 6: GENERAL — COLLEGIALITY AND DISCOVERY
Before any motion or contested matter is heard, the parties must make a good-faith attempt to resolve the dispute by agreement.
A. CONFERENCE: Before any motion or other contested matter will be heard, the parties must make a good faith attempt to resolve the disputed matter by agreement.
Page 3 | RULE 2: HEARINGS
Before a contested hearing is scheduled, each party’s attorney or representative must confer to try to resolve the disputed issues amicably.
Before scheduling a case for a contested hearing, the attorneys or representative for each party shall confer in an attempt to amicably resolve the issues in controversy.
Page 5 | Rule 2.3: Alternative Dispute Resolution
A motion, objection, or special exception may not be set for hearing unless moving counsel certifies in the filing or a letter that a merits conference was held and no agreement was reached, or explains why no conference was held.
(b) No motions, objections or special exceptions will be set for hearing unless the moving Counsel shall have certified, in such motion, or in a letter substantially the following: “A conference was held on (date) with (name of opposing Counsel) 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 Counsel) on the merits of this motion because (explain why no conference was held).”
Page 6 | Rule 2.6 Motion Practice
Counsel must make every effort to confer and discuss resolution of disputed matters at least seven days before trial.
Every effort to confer and discuss resolution of disputed matters is to be made at least 7 days prior to trial.
Page 6 | Rule 2.6 Motion Practice
Pretrial motions are generally heard immediately before trial if presented; if the opponent needs time to reply, set a hearing with the coordinator and file the motion with the clerk, with such hearings set Friday mornings at 10:30 a.m.; contact the coordinator for a special setting.
Motions will generally be heard immediately before trial, if presented. If you will need time for your opponent to reply, set it for a hearing with the coordinator and file it with the clerk. Such motions will be set on Friday mornings at 10:30 a.m. If you need a special setting, see the coordinator.
Page 3 | CHAPTER 6 – PRETRIAL (b) Hearing on Pretrial Motions
Counsel are directed to use all reasonable means to discuss and resolve pretrial disputes before seeking judicial intervention.
(a) Counsel are directed to use all reasonable means to discuss and resolve pre-trial disputes to avoid the necessity of judicial intervention.
Page 5 | Rule 2.6 Motion Practice
Counsel must have Motions in Limine heard at or before the pre-trial conference and should expect later requests may be waived or denied if they do not.
It is the responsibility of counsel to have such motions heard at or before the pre-trial conference. Counsel should assume that failure to do so will result in waiver or denial of later in-limine requests.
Page 4 | RULE 4: PRE-TRIAL REQUIREMENTS FOR JURY TRIALS — A. MOTIONS IN LIMINE
The resolution of discovery dispute(s) will be expedited, to a substantial extent, by a good-faith attempt to resolve the problem before Court intervention.
The resolution of discovery dispute(s) will be expedited, to a substantial extent, by a good-faith attempt to resolve the problem before Court intervention.
Page 7 | RULE 6: GENERAL, A. COLLEGIALITY AND DISCOVERY
Counsel must use all reasonable means to discuss and resolve pretrial disputes to avoid judicial intervention.
(a) Counsel are directed to use all reasonable means to discuss and resolve pre-trial disputes to avoid the necessity of judicial intervention.
Page 6 | Rule 2.6 Motion Practice
Motions to suppress evidence may be heard either during trial or pretrial.
These motions can be heard during trial or pretrial.
Page 4 | CHAPTER 6 – PRETRIAL (g) Motions To Suppress Evidence
Adjournment & Extension Requirements
A continuance cannot be agreed; the requesting side must prepare a written motion, set it for hearing with the coordinator, and then file it with the clerk, and a defendant seeking a continuance because of an absent witness must follow Articles 29.06 and 29.07 C.C.P.
There is no such animal as an agreed continuance. If either side desires a continuance, prepare a written motion and visit the coordinator and set same for a hearing, and then file it with the clerk. If trial or hearing is imminent, contact the judge for an immediate hearing. If filed by the defendant and the ground is absence of a witness, follow the dictates of Art. 29.06 and 29.07 C.C.P.
Page 3 | CHAPTER 6 – PRETRIAL (c) Motions for Continuance
A trial or hearing date may not be postponed or changed without the Court’s consent, except for uncontested hearings.
Except for uncontested hearings, a trial or hearing date cannot be postponed or changed without the consent of the Court.
Page 5 | Rule 2.5: Continuances, Agreed Passes and Settlements
A continuance motion must be filed no later than five days before the trial or hearing, unless the supporting facts become known on or after that point, in which case it must be filed as soon as possible and will be heard at a time set by the Court.
(a) Except as hereinafter provided, any motion for continuance will be filed no later than 5 days preceding the trial or hearing date. Any motion for continuance based upon facts which become known on or after the fifth day preceding the trial or hearing date will be filed as soon as possible and will be heard at a time to be set by the Court.
Page 5 | Rule 2.5: Continuances, Agreed Passes and Settlements
When counsel agree to continue a trial or hearing, the counsel initiating the request must immediately notify the Court, which decides whether to grant it; failure to notify within a reasonable time may result in sanctions.
(b) In the event Counsel agree to continue any trial or other hearing, counsel initiating the request for continuance shall immediately notify the Court and the Court will decide whether to grant such continuance. If such counsel fails to notify the court within a reasonable time before the scheduled trial or hearing, the court may impose appropriate sanctions.
Page 5 | Rule 2.5: Continuances, Agreed Passes and Settlements
Special settings typically will not be continued for the enumerated reasons, subject to the stated medical-emergency, undiscoverability, conflicting-setting order, and protective-order qualifications.
A case designated as a "Special Setting" will typically not be continued for any of the following reasons: 1). The case is not ready to be tried 2). Discovery is not complete 3). The case should first be mediated 4). Availability of a party or witness unless it is a medical emergency 5). Unresolved discovery disputes 6). Conflicting trial schedules (Unless there is an Order overruling the Motion for Continuance in the conflicting setting which expressly states you are specially set in this case). 7). Recent discovery of new witnesses, parties or evidence unless they could not have been discovered before. 8). Vacation letter 9). Difficulty getting ready for trial due to conflicting trial schedule 10). Protective Order from another court, unless entered over your written objection expressly stating to that court that you have a preferential setting
Page 1 | RULE 1: SETTING OF CASES FOR TRIAL — B. "SPECIAL" OR "PREFERENTIAL" SETTINGS
A Try or Dismiss case cannot be passed by agreement, and an agreed or unopposed continuance motion is not automatically granted; a hearing is required.
A case designated as a "Try or Dismiss" case or placed on the "Try or Dismiss" docket will not be passed by agreement nor will an "agreed" or "unopposed" motion for continuance be automatically granted. A hearing will be necessary.
Page 2 | RULE 1: SETTING OF CASES FOR TRIAL — D. TRY OR DISMISS
A special setting typically will not be continued for the listed reasons, subject to the stated medical-emergency, conflicting-setting order, newly undiscoverable evidence, and written-objection exceptions.
A case designated as a "Special Setting" will typically not be continued for any of the following reasons: 1). The case is not ready to be tried 2). Discovery is not complete 3). The case should first be mediated 4). Availability of a party or witness unless it is a medical emergency 5). Unresolved discovery disputes 6). Conflicting trial schedules (Unless there is an Order overruling the Motion for Continuance in the conflicting setting which expressly states you are specially set in this case). 7). Recent discovery of new witnesses, parties or evidence unless they could not have been discovered before. 8). Vacation letter 9). Difficulty getting ready for trial due to conflicting trial schedule 10). Protective Order from another court, unless entered over your written objection expressly stating to that court that you have a preferential setting
Page 1 | RULE 1: SETTING OF CASES FOR TRIAL
A Try or Dismiss case cannot be passed by agreement, and an agreed or unopposed continuance motion is not automatically granted; a hearing is necessary.
A case designated as a "Try or Dismiss" case or placed on the "Try or Dismiss" docket will not be passed by agreement nor will an "agreed" or "unopposed" motion for continuance be automatically granted. A hearing will be necessary.
Page 2 | RULE 1: SETTING OF CASES FOR TRIAL
When counsel agree to seek a continuance, the initiating counsel must immediately notify the Court, which decides whether to grant it; failure to notify within a reasonable time before the date may result in sanctions.
(b) In the event Counsel agree to continue any trial or other hearing, counsel initiating the request for continuance shall immediately notify the Court and the Court will decide whether to grant such continuance. If such counsel fails to notify the court within a reasonable time before the scheduled trial or hearing, the court may impose appropriate sanctions.
Page 5 | Rule 2.5: Continuances, Agreed Passes and Settlements
File a continuance motion no later than five days before the trial or hearing; if the supporting facts become known on or after that point, file as soon as possible and have it heard when the Court sets a time.
(a) Except as hereinafter provided, any motion for continuance will be filed no later than 5 days preceding the trial or hearing date. Any motion for continuance based upon facts which become known on or after the fifth day preceding the trial or hearing date will be filed as soon as possible and will be heard at a time to be set by the Court.
Page 5 | Rule 2.5: Continuances, Agreed Passes and Settlements
A trial or hearing date may not be postponed or changed without the Court’s consent, except for uncontested hearings.
Except for uncontested hearings, a trial or hearing date cannot be postponed or changed without the consent of the Court.
Page 5 | Rule 2.5: Continuances, Agreed Passes and Settlements
An extension of the inventory filing time requires an application and a written court order.
unless the court after application is filed enters a written order extending the time for filing.
Page 10 | Rule 4.3: Letters Testamentary
The filing date may be extended only after an application and a written court order.
unless after application the Court enters a written order extending the date for filing.
Page 11 | Rule 4.5: Letters of Administration
An extension of the inventory filing deadline requires an application followed by a written court order.
An inventory shall, as required by law, be filed within 90 days from qualification of the administrator, unless the court, after application is filed, enters a written order extending the time for filing.
Page 11 | Rule 4.5: Letters of Administration
An extension of the Inventory, Appraisement and List of Claims filing deadline requires an application followed by a written court order.
An Inventory, Appraisement and List of Claims, as required by law, shall be filed within 30 days from qualification of the Guardian of a ward’s Estate, unless the court, after application is filed, enters a written order extending the time for filing.
Page 12 | Rule 4.6: Letters of Guardianship
Continuances on this docket are governed by the procedures for motions for continuance in Chapter 6(c).
*Continuances on this docket are governed by “motions for continuances”, see Chapter 6 (c).
Page 3 | CHAPTER 4 – Plea Docket
If the time requested is insufficient, the Court may continue the matter until its docket allows.
In the event that the time requested is not sufficient, the Court may continue the matter until such date and time as the court’s docket allows.
Page 4 | Rule 2.2: The Setting of Cases
If the requested time is insufficient, the Court may continue the matter to a date and time permitted by its docket.
In the event that the time requested is not sufficient, the Court may continue the matter until such date and time as the court’s docket allows.
Page 6 | Rule 2.6 Motion Practice
If the requested time is insufficient, the Court may continue the matter to a date and time permitted by its docket.
In the event that the time requested is not sufficient, the Court may continue the matter until such date and time as the court’s docket allows.
Page 4 | Rule 2.2: The Setting of Cases
Chambers Communication Rules
When trial or a hearing is imminent, contact the judge to obtain an immediate hearing.
If trial or hearing is imminent, contact the judge for an immediate hearing.
Page 3 | CHAPTER 6 – PRETRIAL (c) Motions for Continuance
With exceptions noted below, the “filing” of pretrial motions accomplishes only that, filing. The judge does not see motions that are “filed” because it does not constitute presentment to the court. You must present the motion in some fashion. If you have set same for a hearing, it will be presented at the hearing. If a hearing is not set, you may present it in chambers or in the courtroom, (if you desire a record). Ex parte presentment is not honored, please have your opponent present.
With exceptions noted below, the “filing” of pretrial motions accomplishes only that, filing. The judge does not see motions that are “filed” because it does not constitute presentment to the court. You must present the motion in some fashion. If you have set same for a hearing, it will be presented at the hearing. If a hearing is not set, you may present it in chambers or in the courtroom, (if you desire a record). Ex parte presentment is not honored, please have your opponent present.
Page 3 | CHAPTER 6 – PRETRIAL (a) Pretrial Motions in General
If a hearing is not set, you may present it in chambers or in the courtroom, (if you desire a record). Ex parte presentment is not honored, please have your opponent present.
If a hearing is not set, you may present it in chambers or in the courtroom, (if you desire a record). Ex parte presentment is not honored, please have your opponent present.
Page 4 | CHAPTER 6 – PRETRIAL (c) Motions for Continuance
For the listed uncontested matters, the attorney of record must call Court Administrative Staff to request an uncontested-docket hearing.
(a) Uncontested matters involving the probate of a will for the appointment of an Independent Executor or Independent Administrator, the probate of a will as a Muniment of Title, Applications for Administration, Determinations of Heirship, and Guardianships shall be set for a hearing on an uncontested docket. The attorney of record must call the Court Administrative Staff to request a hearing.
Page 3 | Rule 2.2: The Setting of Cases
Requests to set contested matters expected to last less than two hours must be made by calling Court Administrative Staff and followed by written confirmation.
(c) All requests for settings on contested matters, with duration of less than two (2) hours, shall be made by calling the Court Administrative Staff of the County Judge’s office and follow up with a written confirmation of the hearing.
Page 4 | Rule 2.2: The Setting of Cases
After settlement, counsel for the plaintiff, movant, or party seeking affirmative relief must notify the Court that the trial or hearing is no longer needed and may face sanctions for failing to give timely notice.
(c) If the parties reach a settlement, Counsel representing the plaintiff, Movant or party seeking affirmative relief, shall notify the Court of such settlement, and that the trial or hearing date is no longer needed and assure the Court that all appropriate settlement documents will be presented to the Court within 14 days. If such counsel fails to so notify the court within a reasonable time before the trial or hearing, the Court may impose appropriate sanctions.
Page 5 | Rule 2.5: Continuances, Agreed Passes and Settlements
When requesting a setting, counsel must inform the Court of the estimated trial time and make a good-faith estimate after consulting all counsel and considering witness examination, exhibits, cross-examination, and rebuttal.
At the time of making a request for setting, Counsel shall inform the Court of the estimated time for trial. Counsel shall make a good faith estimate of the time required after consulting all Counsel and considering the following: Proper examination of witnesses; Introduction of exhibits; Cross-examination and rebuttal of witnesses reasonably anticipated to be called by all of the parties.
Page 6 | Rule 2.6 Motion Practice
After receiving a hearing date and time, moving counsel must immediately notify all counsel in writing of the date, time, and subject matter, and provide a copy of the communication to court personnel.
(c) Court personnel are responsible for scheduling the dates and times for hearings. Upon receiving the date and time of hearing, the moving Counsel shall immediately notify all Counsel in writing as to the date, time and subject matter of the hearing. A copy of this communication shall be provided to the Court personnel.
Page 6 | Rule 2.6 Motion Practice
Counsel must promptly notify this Court of actual or potential schedule conflicts and notify any other affected tribunal that the setting is preferential.
Counsel are required to advise this Court as soon as they become aware of any actual or potential conflicts in their schedule, and are likewise required to advise promptly any other affected tribunal that a special setting exists in this Court and is preferential.
Page 1 | RULE 1: SETTING OF CASES FOR TRIAL — B. "SPECIAL" OR "PREFERENTIAL" SETTINGS
The parties must notify the Court as soon as they learn that a hearing is unnecessary, will be cancelled, or cannot occur because of scheduling conflicts.
The parties shall notify the Court as soon as they become aware that a hearing is not necessary, will be cancelled, or cannot take place due to scheduling conflicts.
Page 3 | RULE 2: HEARINGS — B. CANCELING HEARINGS
The party cancelling a hearing is responsible for timely notifying the Court and all other parties.
The party cancelling the hearing shall be responsible for timely notice to the Court and to all other parties of the cancellation.
Page 3 | RULE 2: HEARINGS — B. CANCELING HEARINGS
The parties must notify the Court as soon as they learn a hearing is unnecessary, will be cancelled, or cannot occur because of scheduling conflicts; the cancelling party must give timely notice to the Court and all other parties.
CANCELING HEARINGS: The parties shall notify the Court as soon as they become aware that a hearing is not necessary, will be cancelled, or cannot take place due to scheduling conflicts. The party cancelling the hearing shall be responsible for timely notice to the Court and to all other parties of the cancellation.
Page 3 | RULE 2: HEARINGS — CANCELING HEARINGS
The attorney of record must call the Court Administrative Staff to request an uncontested hearing.
The attorney of record must call the Court Administrative Staff to request a hearing.
Page 3 | Rule 2.2: The Setting of Cases
Requests to set contested matters lasting less than two hours must be made by calling the County Judge’s Court Administrative Staff and followed by written confirmation.
All requests for settings on contested matters, with duration of less than two (2) hours, shall be made by calling the Court Administrative Staff of the County Judge’s office and follow up with a written confirmation of the hearing.
Page 4 | Rule 2.2: The Setting of Cases
After settlement, counsel for the plaintiff or party seeking affirmative relief must notify the Court that the date is no longer needed and assure it that settlement documents will be presented within 14 days; untimely notice may result in sanctions.
(c) If the parties reach a settlement, Counsel representing the plaintiff, Movant or party seeking affirmative relief, shall notify the Court of such settlement, and that the trial or hearing date is no longer needed and assure the Court that all appropriate settlement documents will be presented to the Court within 14 days. If such counsel fails to so notify the court within a reasonable time before the trial or hearing, the Court may impose appropriate sanctions.
Page 5 | Rule 2.5: Continuances, Agreed Passes and Settlements
Counsel must provide court personnel a copy of the hearing notice and, when requesting a setting, inform the Court of a good-faith estimate of trial time after consulting all counsel and considering the anticipated witnesses and exhibits.
(c) Court personnel are responsible for scheduling the dates and times for hearings. Upon receiving the date and time of hearing, the moving Counsel shall immediately notify all Counsel in writing as to the date, time and subject matter of the hearing. A copy of this communication shall be provided to the Court personnel. At the time of making a request for setting, Counsel shall inform the Court of the estimated time for trial. Counsel shall make a good faith estimate of the time required after consulting all Counsel and considering the following: Proper examination of witnesses; Introduction of exhibits; Cross-examination and rebuttal of witnesses reasonably anticipated to be called by all of the parties.
Page 6 | Rule 2.6 Motion Practice
After reaching an agreement with the District Attorney, call the clerk with the plea and punishment agreement and preferred disposition time; disposition may occur Monday through Friday and, if the court is in trial, at a break.
Regardless of what docket your case is on, if you have reached an agreement with the District Attorney you can dispose of it by a plea of guilty or nolo contendere at any time Monday through Friday. Simply call the clerk and give her the plea and punishment agreement and tell her the day and time you would like to dispose of the case. If the court is in trial, your case will be disposed of at a break.
Page 6 | CHAPTER 6 – Miscellaneous
Call the court coordinator if you expect to be late or have a scheduling conflict.
If you anticipate being late, please call the court coordinator. If you have a conflict in schedules, please call the court coordinator.
Page 6 | CHAPTER 6 – Miscellaneous
By agreement, counsel may submit a matter for ruling without appearing or presenting oral argument, and the Judge should be advised of the agreement in writing.
(d) By agreement, Counsel may submit matters for ruling by the Judge without a personal appearance and oral presentation. The Judge should be advised in writing when such agreement is made.
Page 6 | Rule 2.6 Motion Practice
Promptly report matters affecting the Court or its schedule to the Court Coordinator, keep the Court informed about conflicts, and notify it as soon as possible when a conflict is resolved.
Settlements, cancellations, and all other matters affecting the Court or the Court's schedule shall be promptly reported to the Court Coordinator. The Court shall be kept fully and accurately apprised of conflicting settings and calls to trial, and when another conflicting matter settles, or the conflict is resolved in any fashion, the attorney shall notify this Court as soon as possible.
Page 7 | RULE 6: GENERAL — B. KEEPING THE COURT INFORMED
Counsel must promptly notify this Court of actual or potential schedule conflicts and notify any other affected tribunal that this Court has a preferential special setting.
Counsel are required to advise this Court as soon as they become aware of any actual or potential conflicts in their schedule, and are likewise required to advise promptly any other affected tribunal that a special setting exists in this Court and is preferential.
Page 1 | RULE 1: SETTING OF CASES FOR TRIAL
Report settlements, cancellations, schedule-affecting matters, and changes resolving trial conflicts promptly to the Court Coordinator or Court, as applicable.
Settlements, cancellations, and all other matters affecting the Court or the Court's schedule shall be promptly reported to the Court Coordinator. The Court shall be kept fully and accurately apprised of conflicting settings and calls to trial, and when another conflicting matter settles, or the conflict is resolved in any fashion, the attorney shall notify this Court as soon as possible.
Page 7 | RULE 6: GENERAL, B. KEEPING THE COURT INFORMED
Counsel may call the plea agreement in to the clerk the day before the Plea Docket to have the plea handled before the docket is called.
If you call in the plea agreement to the clerk on the day before, your plea will be done before the docket is called.
Page 2 | CHAPTER 4 – Plea Docket
Court staff are available to assist when help is needed.
If you need assistance, the court staff will be happy to help you.
Page 3 | CHAPTER 4 – Plea Docket
The court asks counsel to notify the coordinator of the vacation period as soon as possible to reduce case resets.
However, to reduce the number of cases that will have to be reset, please notify the coordinator as soon as possible of your vacation period.
Page 6 | CHAPTER 5 – Vacations
The parties should notify the Court Coordinator when a hearing is expected to last more than approximately 15 minutes.
The parties should notify the Court Coordinator if the hearing is expected to last longer than approximately 15 minutes.
Page 3 | RULE 2: HEARINGS — C. LENGTH OF HEARINGS
The parties should notify the Court Coordinator if a hearing is expected to last longer than approximately 15 minutes.
C. LENGTH OF HEARINGS: The parties should notify the Court Coordinator if the hearing is expected to last longer than approximately 15 minutes.
Page 3 | RULE 2: HEARINGS — C. LENGTH OF HEARINGS
By agreement, counsel may submit a matter for ruling without appearing or presenting orally, and should advise the Judge in writing of the agreement.
(d) By agreement, Counsel may submit matters for ruling by the Judge without a personal appearance and oral presentation. The Judge should be advised in writing when such agreement is made.
Page 6 | Rule 2.6 Motion Practice