Court Rules

Court-wide rules

Applies court-wide

These 14 rules apply across Kaufman County District Courts. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Formatting

All 8
  • The sponsoring party must ensure that audio or video media is in a format that the appropriate court of appeals can upload and accept under its guidelines.

  • Audio exhibits may not exceed 100 MB.

  • Video files may not exceed 2 GB.

Filing Requirements

All 5
  • Applies to
    Petition

    In a divorce case or SAPCR, the petitioner must attach a copy of the standing order to the original petition and every copy of the petition.

  • Applies to
    Petition

    If the petitioner omitted the standing order, the District Clerk must attach a copy to the petition and every copy presented at filing.

  • Applies to
    Agreed order

    Before a jury trial or court trial, the parties must file an agreed order selecting mediation or another form of ADR and identifying the mediator or arbitrator.

Service

All 1
  • Applies to
    Ex parte application
    Service
    Other to opposing party

    Counsel or a pro se party seeking a temporary restraining order or other ex parte relief must give notice and provide the application and proposed order at least two hours before presentation, unless a timely verified certificate establishes an applicable notice exception.

Common questions about Judge Shelton T. W. Gibbs IV's rules

Does Judge Shelton T. W. Gibbs IV require a pre-motion conference or letter before filing a motion?

Judge Shelton T. W. Gibbs IV's rules set a pre-motion procedure for covered motions. 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.

View ruleSource: page 1, section SETTING HEARINGS — Certificates of Conference

What formatting rules apply to filings before Judge Shelton T. W. Gibbs IV?

Judge Shelton T. W. Gibbs IV's formatting rule includes if an exhibit cannot be opened by the court of appeals, the sponsoring party must provide the court reporter with the exhibit in the acceptable format required by the 5th court of appeals.. 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.

View ruleSource: page 1, section Standing Order Regarding Audio/Visual Evidence

What must be included with motion filings before Judge Shelton T. W. Gibbs IV?

The rule requires proposed order. An unopposed motion must be accompanied by a proposed order signed by all counsel to indicate their approval.

View ruleSource: page 1, section SETTING HEARINGS — Certificates of Conference

What must be included with notice of hearing filings before Judge Shelton T. W. Gibbs IV?

The rule requires certificate of conference. 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.

View ruleSource: page 1, section SETTING HEARINGS — Notice For All Other Hearings

Is electronic filing required before Judge Shelton T. W. Gibbs IV?

Yes. Electronic filing is required for the covered filings. Every ex parte order application must first be submitted to the court electronically for determination.

View ruleSource: page 1, section EX PARTE ORDERS — Presenting Ex Parte Orders

When is a filing treated as filed before Judge Shelton T. W. Gibbs IV?

The rule addresses filing timing, filing status, or cure windows. Unless the court orders otherwise, parties must reduce any decision or settlement to writing within 30 days after rendition or an announced settlement.

View ruleSource: page 1, section DISMISSAL FOR WANT OF PROSECUTION (DWOP) — DWOP After Rendition Or Announced Settlement

What rule applies to service for dwop notice before Judge Shelton T. W. Gibbs IV?

The rule addresses service method, recipient, or timing requirements. Details: method: service by email, recipient: all parties. The clerk must email the written DWOP notice to all parties or their counsel of record.

View ruleSource: page 1, section DISMISSAL FOR WANT OF PROSECUTION (DWOP)
Complete rules summary for Judge Shelton T. W. Gibbs IV

Audio exhibits may not exceed 100 MB.

Video exhibit files may not exceed 2 GB.

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.

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.

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.

An unopposed motion must be accompanied by a proposed order signed by all counsel to indicate their approval.

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.

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.

The clerk must email the written DWOP notice to all parties or their counsel of record.

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.

When no email address is on file, the clerk must mail the written notice instead of emailing it.

Unless the court orders otherwise, parties must reduce any decision or settlement to writing within 30 days after rendition or an announced settlement.

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.

Every ex parte order application must first be submitted to the court electronically for determination.

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.

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.

A motion that the parties have not agreed upon must be set for a hearing.

The proposed order must be electronically filed five business days before the hearing.

An order filed 30 or more days before the hearing will be rejected.

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