Judge Shelton T. W. Gibbs IV
Individual Rules, Standing Orders & Policies
- Rules last changed:
Document Format Requirements4 rules
Audio or video media must use MP3, MP4, or WAV extensions, and the sponsoring party must convert media lacking one of those extensions; the media may contain only the segments offered as exhibits.
A list of valid extensions that the mediation must be submitted are: MP3, MP4, and WAV files. If an exhibit has any of those extensions, the sponsoring party does not have to convert it. If it does not have any of those extensions, the sponsoring party shall convert it. Only segments offered as an exhibit can be on the audio or video media.
Video exhibit files may not exceed 2 GB.
Video files may not exceed 2GB.
Audio exhibits may not exceed 100 MB.
Audio exhibits may not exceed 100mb.
If the case is on appeal and the court of appeals cannot open an offered exhibit, the sponsoring party must provide the court reporter with an exhibit in the format required by the 5th Court of Appeals.
If at any time in the future the case is on appeal and the court of appeals cannot open the exhibit that was offered, the sponsoring party that offered the exhibit will be responsible to provide the court reporter with the exhibit that is in the acceptable format as required by the 5th Court of Appeals.
Document Filing Requirements5 rules
An opposed motion must include the prescribed conference certificate, signed by the attorney in charge or pro se party, stating that conference succeeded or detailing unsuccessful attempts to resolve the issues.
If the motion will be opposed, the following certificate shall be attached to the motion and signed by the attorney in charge (or party pro se): Certificate of Conference I, the undersigned attorney (or party pro se), hereby certify to the Court that: I have conferred with opposing counsel to resolve the issues contained in this motion without the necessity of Court intervention. OR At________(time) on _____________________(date), I attempted to reach opposing counsel and left a specific message that the purpose of my call was to attempt to resolve the issues contained in this motion without the necessity of Court intervention or could not leave a message because________________________________________. Such efforts have been unsuccessful, and it is necessary to set a hearing on this motion.
Document Type
Motion
An unopposed motion must be accompanied by a proposed order signed by all counsel to indicate their approval.
If not opposed, the moving party shall accompany the motion with a proposed order signed by all counsel indicating approval of same.
Document Type
Motion
A 10-day letter must notify all parties in the prescribed language of their right to object in writing within 10 days, after which the case may be set for a motion to enter if an objection is filed.
Presentment of orders to the court by 10 day letter must notify all parties of their right to object to the entry of the proposed order by objecting in writing to the court. The case may then be set for a Motion to Enter should any party to the suit file an objection to the entry of the order within the 10 day period. Language sufficient to satisfy the requirement of this rule is as follows: NOTICE TO ADVERSE PARTIES If you object to the language or terms set forth in the (choose one) Temporary Orders/Decree/Judgment attached to this (choose one) Motion/letter, you should state your objections by letter to the Court within ten days of the (choose one) filing of this Motion/date of this letter. If you do not, it is the policy of the Court to sign the Orders as presented with this (choose one) Motion/letter. Any objection should be sent to the Court Coordinator of the 422ND District Court, 1902 E US Highway 175 P.O. Box 729, Kaufman, Texas, 75142 or through efile.
Document Type
Letter
The undersigned attorney must certify on every notice whether all parties agree to the motion’s court date or have not responded within the stated number of days.
Certificate of Conference (REQUIRED ON ALL NOTICES) I the undersigned attorney certify that on ________(date) I reached out to all parties regarding setting _________(motion) on __________(court date) and all parties are in agreement OR the parties have not responded within ______ days and I am asking that the court set the hearing.
Document Type
Notice Of Hearing
Before an ex parte order is presented, the application must include a written certificate signed by the party or attorney using one of the prescribed certification options.
Prior to presentment, all applications for ex parte orders shall certify in writing, signed by the party or attorney, one of the following:
Document Type
Exparte Order
Filing & Service rules
Electronic Filing Rules
Every ex parte order application must first be submitted to the court electronically for determination.
All applications of ex parte orders shall first be presented to the Court for determination by efiling.
Page 1 | EX PARTE ORDERS — Presenting Ex Parte Orders
If the court cannot promptly review an ex parte request, presenting it to another court is permitted only at the discretion of the court administrator or coordinator.
If the Court is unavailable to promptly review the request it may be presented to another Court only by the discretion of the Court Administrator/Court Coordinator.
Page 1 | EX PARTE ORDERS — Presenting Ex Parte Orders
Filing Timing and Cure Windows
An order filed 30 or more days before the hearing will be rejected.
If the order is efiled 30 days or more before the hearing it will be rejected.
Page 1 | 10 DAY LETTERS — eFiling Orders
If a dispositive judgment or order is not furnished, an extension of the filing is not requested, or a motion for entry is not set within the stated period, the court may enter dismissal without prejudice and tax costs as it deems appropriate.
Upon failure to furnish the Court Clerk/Administrator with such a judgment or order finally disposing of a case, or to request extension of the filing or to set a motion for entry, the Court shall enter an order of dismissal without prejudice with costs taxed at the Judge’s discretion.
Page 1 | DISMISSAL FOR WANT OF PROSECUTION (DWOP) — DWOP After Rendition Or Announced Settlement
Unless the court orders otherwise, parties must reduce any decision or settlement to writing within 30 days after rendition or an announced settlement.
Unless ordered otherwise, within thirty days after rendition or announced settlement by the parties, they shall cause decisions or settlements of any kind to be reduced to writing.
Page 1 | DISMISSAL FOR WANT OF PROSECUTION (DWOP) — DWOP After Rendition Or Announced Settlement
The proposed order must be electronically filed five business days before the hearing.
The order shall be efiled five (5) business days before the hearing.
Page 1 | 10 DAY LETTERS — eFiling Orders
Service and Proof of Service Rules
The clerk must email the written DWOP notice to all parties or their counsel of record.
Subject to other provisions of these rules, the Clerk shall email a written notice of such dismissal to all parties or their counsel of record.
Page 1 | DISMISSAL FOR WANT OF PROSECUTION (DWOP)
When no email address is on file, the clerk must mail the written notice instead of emailing it.
If no email is on file then the Clerk shall mail a written notice of such a setting.
Page 1 | DISMISSAL FOR WANT OF PROSECUTION (DWOP)
Pre-Motion Conference Requirements
A motion that the parties have not agreed upon must be set for a hearing.
Motions that are not agreed need to be set for a hearing.
Page 1 | 10 DAY LETTERS — eFiling Orders
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 exceptions will be set for a hearing until the moving party has communicated with opposing counsel to determine whether a contemplated motion will be opposed.
Page 1 | SETTING HEARINGS — Certificates of Conference