Judge Kirsten B. Cohoon
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Continuance motions must be written and filed with the District Clerk at least three business days before the setting; the first agreed request will be granted under Texas rules, while additional requests require good cause, are strongly discouraged unless absolutely necessary, and must be heard and ruled on before the hearing or trial.
Communication
Phone
Document Format Requirements5 rules
C. One original set that the official court reporter will retain needs to have an original sticker on the bottom right-hand corner. This is the only set that should have an original sticker. Copies for the Court and opposing counsel need to be discernible from the original set.
E. Exhibits should be marked using numbers or letters.
B. Multi-page documents should either be Bates stamped or paginated and bound.
G. Providing the court reporter exhibits on a flash drive in a searchable format is not a requirement, but is preferable.
F. If you will be using oversize exhibits during trial, an 8 1/2x11 should be produced for the court reporter's records.
Document Filing Requirements29 rules
A pre-trial motion set for hearing must include the specified motion statements, signatures and certifications, presentation notice, and proposed order.
- Document
- Pretrial motion
Must include
- •Proposed order
- •Certificate of service
Court's wording
Each pre-trial motion that is set for hearing must contain the following: 1. A statement of the relief sought, the facts pertinent to the motion, and supporting argument with authorities; 2. Signature of counsel and, where required, by the defendant; 3. Sworn to when required; 4. A certificate of service and statement of consultation with opposing counsel and that the matter[s] raised in the motion were not resolved, or if no consultation, then an explanation thereof; 5. A notice that the motion will be presented to the Court, with or without evidence, at the final pre-trial hearing or the alternate date chosen (per II.G.a. above); and 6. A proposed order granting or denying the motion in full or in part.
A pleading or motion requiring a Court setting must be on file with the District Clerk, and a formal request for oral hearing or submission must be filed with it as a separate instrument.
Court's wording
B. PLEADING / MOTIONS / SETTINGS - Any pleading or motion that requires a setting with the Court must be on file with the District Clerk's Office. When filing any pleading or motion that requires a setting by the Court, a formal "Request for Oral Hearing" or "Request for Submission" must be filed with the pleading, as a separate instrument, in accordance with these rules.
A motion must include a proposed order granting relief, filed separately unless the motion, order, signature lines, and certificate of service fit on one page; without an order, the motion is incomplete and will not be considered.
- Document
- Motion
Must include
- •Proposed order
Court's wording
All motions shall be accompanied by a proposed order granting the relief sought. The proposed order shall be filed as a separate instrument, unless the entire motion, order, signature lines and certificate of service are all on one page. If there is not a Proposed Order accompanying the motion, the motion will be deemed not complete and will not be considered, reviewed, or ruled on.
Motions should be filed with the District Clerk's office not the Court. Motions shall be in writing and shall contain a summary of the argument.
Responses shall be in writing and timely filed. Failure to timely file a response will be considered a representation of no opposition.
All motions must include a Certificate of Conference documenting consultation, agreement or impasse and exchanged dates, estimated hearing time, and contact information for counsel and self-represented litigants.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
d. Certificate of Conference – a certificate of conference shall be included with all motions and must contain the following information: 1. That counsel has conferred with the opposing party. 2. The parties are agreeable to the date of the submission or oral hearing, if any, or the parties are unable to agree upon the date and the reason for the impasse plus the dates exchanged. 3. The estimated time for the hearing, if any. 4. Names, fax number, and email addresses, if any, of all counsel of record. 5. Names, addresses, email addresses, and fax numbers, if any, of all SRLs who are a party to the suit.
All responses shall be accompanied by a proposed order denying the relief sought filed as a separate instrument. The proposed order shall be filed as a separate instrument, unless the entire response, order, signature lines and certificate of service are all on one page.
- Document
- Response
Must include
- •Proposed order
3. The Notice Setting must contain a Certificate of Conference (described below) signed by the movant.
- Document
- Notice setting
Must include
- •Certificate of conference
When presenting an ex parte order application, counsel must certify in writing that the opposing party is unrepresented or, if represented, that counsel was notified and declines to be heard or that diligent notice efforts were unsuccessful or impracticable.
Court's wording
F. APPLICATION FOR EX PARTE ORDERS – Counsel presenting any application for an ex parte Order shall, at the time the application is presented to the Court, certify in writing that: a. To the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or b. If the party against whom the relief is sought is represented by counsel, that (a) such counsel has been notified of the application and does not wish to be heard by the Court thereon or (b) counsel presenting the application has diligently attempted to notify the opposing counsel, has been unable to do so, and/or the circumstances do not permit additional efforts to give such notice.
a. After contacting the Court Coordinator and obtaining an agreeable date with all counsel, the requesting party shall forward a copy of the file marked Motion and an Order Setting to the Court for entry.
An ex parte TRO or Protective Order application must be accompanied by a verified complaint or affidavit stating specific facts and intelligible grounds; testimony is not heard except for the specified Texas Family Code motion, and conclusions alone are insufficient.
Court's wording
An application for a Temporary Restraining Order and/or Protective Order, to be granted without notice to the adverse party, will be considered only upon the applicants verified complaint or affidavit accompanying the application and, except for a s. 83.006 Texas Family Code Motion***, no testimony will be heard. No Temporary Restraining Order and/or Protective Order will be granted without notice to the adverse party unless the applicants verified complaint or affidavit accompanying the application contains "specific facts" and a "plain and intelligible statement of the grounds for such relief," as required by rules 682 and 680 of the Texas Rule of Civil Procedure. No such Temporary Restraining Order shall be granted upon a complaint or affidavit containing mere conclusions, even if verified.
b. Ex parte orders in family law matters must meet the requirements of the Texas Family Code s. 83.
If the parties cannot agree to a hearing date, a certificate of conference must contain the dates exchanged and the reason for impasse.
The attorneys in all contested hearings concerning support shall prepare complete written income and expense statements as to their respective clients and present same to the court prior to the hearing.
Counsel must attach the Appendix I standing order to the original citation in divorce and parent-child relationship suits; it remains in effect during the suit unless the Court modifies or sets it aside.
Court's wording
The "Standing Order Regarding Property and Conduct of Parties in Divorce" and "Suits Affecting the Parent-Child Relationship" attached hereto as Appendix I, is to be attached by counsel to the original citation in all suits of divorce and suits affecting the parent-child relationship. The order attached as Appendix I will remain in effect throughout the pendency of a suit unless specifically modified or set aside by the Court.
In all contested cases involving the division of property where the value of assets in dispute exceeds $250,000, the attorney shall prepare, or have prepared, a complete written inventory of the assets and liabilities of the marital estate and of the separate estate of their respective client and submit same to the Court prior to trial.
When no docket control order governs or it is not being followed, a written Request for Setting must be submitted directly to the Court Coordinator, not filed with the Clerk, and must include the specified information and an Order Setting with an agreed date.
Court's wording
If a docket control order has not been entered or is not being adhered to; a setting for a trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Coordinator. The party requesting the setting should not file the Request with the Clerk. The Request for Setting shall contain the following: 1. The style and the number of the case; 2. The name, telephone and fax numbers, and address of the attorney (or SRL) making the request and the opposing counsel (or SRL); 3. The date on which the jury fee was paid if a jury trial is being sought; 4. A statement that the pleadings of the party requesting the setting are in order; 5. A statement that mediation is scheduled, has been completed or none is required; 6. A statement that all discovery has been completed or none is desired; 7. A statement that all pre-trial matters have been disposed of or none are pending (if pre-trial matters remain pending the request shall state the nature of same, the party asserting same, the estimated time for hearing same and possible dates for a pre-trial hearing which have been cleared with opposing counsel or the SRL); 8. Possible dates for the trial of the cause which have been cleared with opposing counsel or the SRL (if opposing party will not agree to the dates for trial, the dates proposed and the reason for the refusal to agree); 9. The estimated time for trial; 10. A certificate that a copy of the Request for Setting has been served on all counsel or the SRL in the case, the name and address of each attorney and the date of service; 11. The signature of the attorney making the Request; and 12. An Order Setting with an agreed date should be attached to the Request.
The parties must submit the required Joint Pre-Trial Order no later than two weeks before trial, including the specified case, motion, factual, legal, witness, exhibit, objection, and trial-length information.
Court's wording
Prior to the final trial on the merits, the Court will send the parties a letter requiring the submission of a Joint Pre-Trial Order seeking the submission of the following not later than two weeks prior to trial: 1. A brief statement of the case and contentions of the parties; 2. List of unresolved motions; 3. All stipulated facts and all factual issues in controversy necessary for final disposition of the case; 4. The identification of legal matters to be ruled on or decided by the court; 5. Agreed applicable propositions of law and contested issues of law, if applicable; 6. Attach proposed charge questions, instructions, and definitions for a jury case, if applicable; 7. The exchange of a list of direct fact witnesses, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before the time of trial, who will be called to testify at trial, stating their address and telephone number, and the subject of the testimony of each such witness; 8. The exchange of a list of expert witnesses who will be called to testify at trial, stating their address and telephone number, and the subject of the testimony and opinions that will be proffered by each expert witness; 9. The marking and exchanging of all exhibits that any party may use at trial and stipulation to the authenticity and admissibility of exhibits to be used at trial; 10. Written trial objections to the opposite party's exhibits, stating the basis for each objection; and 11. Estimated length of trial.
In the event a civil case settles after the announcement of ready to proceed to trial, the Court requires that a Rule 11 agreement be signed by all parties and filed with the District Clerk's Office immediately. The Rule 11 agreement will announce that the case has settled.
Before trial in family and civil matters, the parties must confer about exhibit admission and prepare an exhibit list to share with the official court reporter.
Court's wording
A. It is the policy of this Court that in all family and civil matters, the parties shall confer and determine, prior to trial, which exhibits will be pre-admitted and which exhibits will require a ruling from the Court on objections to their admission. The parties shall prepare an exhibit list prior to trial to be shared with the official court reporter.
The Petitioner must attach this order to the original petition and each copy, and the Clerk must ensure the copies are attached at filing if the Petitioner has not done so.
Court's wording
7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented;
c. The Court may refuse to consider any pre-trial motion that fails to comply with these rules.
At the end of all MOTIONS, please include the opposing counsel's name, address, phone number, email address and fax number (if any) under the Certificate of Service.
- Document
- Motion
- Placement
- Certificate section
Include
- •Certificate of service
At the bottom of all orders setting matters, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorneys' email address and fax numbers (if any). If they are self-represented litigants, please give their mailing address[es], email address[es] and fax number (if any).
Counsel should bring to any hearing a copy of an order approving or denying the requested relief.
If an oral hearing is granted or requested by the Court, the parties shall provide copies of relevant case law and discovery (with pertinent provisions highlighted). The Court prefers to receive this information electronically via flash drive rather than hard copy.
The Court will not hold any dates until your Notice Setting has been signed by the Judge. If no Notice Setting is signed by the Judge, then no setting is on the Court's docket.
Requests for Temporary Orders, Temporary Restraining Orders or Protective Orders shall not duplicate the Court's standing orders, which are already in effect as discussed herein.
After obtaining available dates, contact opposing counsel or the SRL to agree on a date, forward the agreed date to the Court Coordinator, and treat it as unconfirmed until the Court signs the Order Setting.
Court's wording
After you have the available dates, please contact opposing counsel or SRL to obtain a date that is agreeable to ALL PARTIES. Once you have an agreed date, fill in that date with a statement that this date is agreeable to all and forward to the Court Coordinator for entry with the Court. THE DATES PROVIDED ARE NOT CONFIRMED UNTIL THE ORDER SETTING IS RECEIVED AND SIGNED BY THE COURT.
Filing & Service rules
Filing Timing and Cure Windows
Criminal pre-trial motions, including continuance motions, must comply with applicable Texas law and be filed seven days before the hearing to be considered.
d. All pre-trial motions, including any motion for continuance, whether filed by the State or Defendant, must comply with the applicable law contained in the Texas Code of Criminal Procedure, must be filed seven (7) days prior to any hearing to be considered by the Court on.
Page 5 | II. CRIMINAL MATTERS — G. PRE-TRIAL HEARINGS AND OTHER PRE-TRIAL MATTERS
The parties must submit an agreed Discovery and Docket Control Order within sixty days after an Answer is filed, in consultation with the Court Coordinator.
A. AGREED CIVIL DISCOVERY AND DOCKET CONTROL ORDER AND CONFERENCES - An Agreed Discovery and Docket Control Order shall be submitted to the Court within sixty (60) days of filing an Answer in consultation with the Court Coordinator.
Page 6 | III. CIVIL MATTERS — A. AGREED CIVIL DISCOVERY AND DOCKET CONTROL ORDER AND CONFERENCES
The Rule 11 agreement must be filed with the District Clerk's Office immediately after the specified civil case settles.
In the event a civil case settles after the announcement of ready to proceed to trial, the Court requires that a Rule 11 agreement be signed by all parties and filed with the District Clerk's Office immediately.
Page 11 | I. SETTLEMENT
An Order Setting that omits names, fax numbers, or email addresses will be held until corrected and resubmitted.
Any Order Setting without names/faxes/emails, will be held until corrected and resubmitted.
Page 8 | C. PRE-TRIAL / POST-TRIAL HEARINGS
An Order Setting without a hearing or submission date will be held in the Court's file until a date is obtained.
Any Order Setting received by the Court with NO HEARING OR SUBMISSION DATE will be held in the Court's file until a hearing or submission date is obtained.
Page 8 | C. PRE-TRIAL / POST-TRIAL HEARINGS
Pre-Motion Conference Requirements
Pre-trial motions requiring more than thirty minutes of argument must be filed and heard before the final pre-trial unless they can be heard with the trial.
a. All pre-trial motions, including motions in limine, which may require substantial argument (in excess of thirty minutes total), must be filed and hearing held prior to the final pre-trial unless such motion can be run with the trial on the matter.
Page 5 | II. CRIMINAL MATTERS — G. PRE-TRIAL HEARINGS AND OTHER PRE-TRIAL MATTERS
Counsel and self-represented litigants must attend a Court-set Status Conference; remote attendance requires prior Court approval, and the requesting party must arrange it with the Court Coordinator.
If a status conference is set by the Court, Counsel or Self-Represented Litigants ("SRL") will be required to attend the Status Conference but attendance may be via telephonic or video conference with prior Court approval per section I(G)(a) above. The party seeking to attend via telephone or video shall be responsible for making the arrangements with the Court Coordinator.
Page 6 | III. CIVIL MATTERS — A. AGREED CIVIL DISCOVERY AND DOCKET CONTROL ORDER AND CONFERENCES
After receiving an available setting date and time, the moving party must confer with all other parties and, once they agree on the date, file a Notice Setting the matter.
1. The Court Coordinator will provide a date and time for the setting. 2. After receipt, the moving party is required to confer with all other parties, and, once the date is agreed upon, file a Notice Setting the matter.
Page 6 | III. CIVIL MATTERS — B. PLEADING / MOTIONS / SETTINGS
To obtain a setting, parties must contact the Court Coordinator, review the Court’s calendar beforehand, and identify the setting type and estimated duration.
a. Settings - For any matter requiring a setting with the Court, you must contact the Court Coordinator to get a date and time that the Court is available. Please remember that the Court's calendar is available at https://www.co.kendall.tx.us/page/district.court# and should be reviewed prior to contacting the Court. Please advise the Coordinator of the type of setting needed (i.e. jury trial, bench trial, discovery dispute, temporary orders, divorce prove-up, etc.) and the estimated amount of time needed for the setting.
Page 6 | III. CIVIL MATTERS — B. PLEADING / MOTIONS / SETTINGS
The Court may set a Status Conference if the agreed order is not received within sixty days or the parties cannot agree.
If an Agreed Discovery and Docket Control Order is not received by the Court within the sixty (60) days, or if the parties cannot reach an agreement, the Court may set the case for a Status Conference.
Page 6 | III. CIVIL MATTERS — A. AGREED CIVIL DISCOVERY AND DOCKET CONTROL ORDER AND CONFERENCES
Adjournment & Extension Requirements
Continuance motions must be written and filed with the District Clerk at least three business days before the setting; the first agreed request will be granted under Texas rules, while additional requests require good cause, are strongly discouraged unless absolutely necessary, and must be heard and ruled on before the hearing or trial.
E. CONTINUANCE POLICY - All motions for continuance must be in writing and filed with the District Clerk's Office not later than three (3) business days before the setting for which the continuance is sought. The first request for an Agreed Continuance will be granted in accordance with Texas rules. Any additional request for a continuance, agreed or opposed, must be supported by good cause. Additional continuances are highly discouraged unless absolutely necessary. Any requests for an additional continuance must be heard and ruled on by the Court prior to the date of the hearing or trial.
Page 3 | I. GENERAL, E. CONTINUANCE POLICY
In criminal matters, continuances must comply with Article 29, and non-agreed continuances filed fewer than seven days before a hearing are presumptively denied, so the filing party should not rely on the motion without a signed order.
a. Continuances – All continuances shall be in accordance with Article 29 of the Texas Code of Criminal Procedure. Non-agreed continuances filed less than seven (7) days prior to a hearing are presumptively DENIED and the filing party should NOT rely on the Continuance Motion without a signed Order.
Page 4 | II. CRIMINAL MATTERS, D. CONTINUANCES/RESETTING/POSTPONEMENT
After the parties announce ready for trial, the Court will not consider a continuance motion except for good cause.
e. Except for good cause, the Court shall not consider any motion for continuance after the parties announce ready for trial.
Page 5 | II. CRIMINAL MATTERS — G. PRE-TRIAL HEARINGS AND OTHER PRE-TRIAL MATTERS
A continuance motion that does not meet the filing rule will not be considered unless it establishes that the grounds did not exist or were unknown.
Any motion for continuance that does not comply with this rule will not be considered unless such motion establishes that the grounds for the continuance did not exist or were not known.
Page 5 | II. CRIMINAL MATTERS — G. PRE-TRIAL HEARINGS AND OTHER PRE-TRIAL MATTERS
Party agreement or filing a continuance motion alone does not automatically grant a criminal continuance.
Continuances are not automatic upon agreement by the parties. Mere filing of a Motion for Continuance does not mean the continuance will be granted.
Page 4 | II. CRIMINAL MATTERS, D. CONTINUANCES/RESETTING/POSTPONEMENT
Chambers Communication Rules
For an agreed criminal continuance, the parties are asked to contact the Clerk or Court Coordinator, who will consult the Judge before removing the matter from the docket.
b. Agreed Continuances – if you have a continuance that is agreed to by all parties, please contact the Clerk of the Court or the Court Coordinator and advise of this and s/he will consult with the Judge prior to removing the matter from the docket.
Page 4 | II. CRIMINAL MATTERS, D. CONTINUANCES/RESETTING/POSTPONEMENT
Before sending a Motion and Order Setting for a civil pre-trial, trial, or post-trial hearing, call the Court Coordinator to obtain available dates.
When setting a civil case for pre-trial, jury trial, non-jury trial or a post trial hearing, please call the Court Coordinator prior to sending your Motion and Order Setting, to obtain available hearing/trial dates.
Page 10 | H. TRIAL ON THE MERITS