Communication
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Document Format Requirements6 rules
Use PDF for documents, JPG and PNG for images, and MP4 for videos. No DOC formats, zipped or archived files, or executable files will be accepted.
Formatting
- •Use PDF for documents
- •Use JPG and PNG for images
- •Use MP4 for videos
Mark exhibits with the county, cause number, unique exhibit number and short description.
Use PDF for documents, JPG and PNG for images, and MP4 for videos. No DOC formats, zipped or archived files, or executable files will be accepted. A Dropbox may be required for large files.
- File type
Use PDF for documents, JPG and PNG for images, and MP4 for videos. No DOC formats, zipped or archived files, or executable files will be accepted. A Dropbox may be required for large files.
A Dropbox may be required for large files.
Mark exhibits with the county, cause number, unique exhibit number and short description.
Document Filing Requirements32 rules
Mark exhibits with the county, cause number, unique exhibit number and short description.
Exhibits and required documents should be emailed to the Court Coordinator prior to hearing at rebecca.moneyhon@txcourts.gov. Use PDF for documents, JPG and PNG for images, and MP4 for videos. No DOC formats, zipped or archived files, or executable files will be accepted. A Dropbox may be required for large files. Rebuttal exhibits may be submitted to the Court Coordinator or through Zoom Chat. In-person participants must bring their exhibits to the courtroom. Represented parties will submit their exhibits in digital form, as described above or on a USB thumb drive.
Once you have an agreed date, fill that date in on your Order Setting and forward both your Motion and Order, along with a statement that the date is an agreed date, to the Court Coordinator for entry with the Court.
3. At the time the parties announce ready, each party shall submit to the Court proposed jury questions.
THE DATES PROVIDED ARE NOT CONFIRMED UNTIL THE ORDER SETTING IS RECEIVED AND SIGNED BY THE COURT.
For a jury trial, submit an Agreed Scheduling Order; the parties must agree on it, and should set a hearing only if they cannot reach agreement.
Court's wording
If setting a case for jury trial, an Agreed Scheduling Order shall be submitted to the Court. All Parties shall agree on the Scheduling Order and only in the event said agreement cannot be reached shall the parties set a hearing before the Court to enter a Scheduling Order.
2. Upon receipt of the Request and Order Setting, the Court will set the case for trial on the merits and deliver a copy of the same to the District Clerk to certify who will then deliver a certified copy to each attorney. If item g. (1) in the Request for Setting is applicable, please send an Order Setting with an agreed hearing date and the Court will set a pre-trial hearing.
A Request for Setting must include the listed case, counsel, jury-fee, case-readiness, mediation, discovery, pretrial, settlement, trial-date, service, and signature information.
- Document
- Request for setting
Must include
- •Case number
Court's wording
The Request for Setting shall contain the following: - a. The style and number of the case and the county where the case is pending; - b. The name, address and telephone number of the attorney making the request and the party represented; - c. The date on which the jury fee was paid; - d. A statement that the pleadings of the party requesting the setting are in order; - e. A statement that mediation has been completed or none is required. - (1) Pending mediation, all discovery is abated unless otherwise ordered by the Court. - f. A statement that all discovery has been completed or none is desired. - (1) If discovery is pending, the date on which discovery is expected to be completed; - g. A statement that all pre-trial matters have been disposed of or none is pending. - (1) If pre-trial matters are pending, the request for setting 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; - h. A statement that the party requesting the setting has made a good-faith effort to negotiate a settlement of the case and further efforts appear futile; - i. Possible dates for the trial of the case which have been cleared with opposing counsel. - (1) If opposing counsel will not agree to a date for trial, the dates proposed and the reason for opposing counsel's refusal to agree to same; - j. The estimated time of trial; - k. A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service; - l. The signature of the attorney making the Request;
Order Settings must list all parties to be notified and provide attorney fax numbers or pro se litigants’ addresses, as applicable.
Court's wording
At the bottom of all ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney's fax numbers. If they are pro se litigants, please give their addresses.
A trial setting must be requested in writing directly from the Court Coordinator, not filed with the Clerk, and the request must follow the jury-trial request requirements except for Item C.
Court's wording
A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Coordinator at the Mason County Office. The party requesting a setting should not file the Request for Setting with the Clerk. The contents of the Request for Setting shall be the same as a Request for Setting for jury trial except for Item C.
At the end of all MOTIONS, please include the opposing counsel's name, address, phone number and fax number under the Certificate of Service. Please do not put "...a copy has been sent to all opposing counsel."
- Document
- Motion
Include
- •Certificate of service
- a. A setting will be made only in response to a proper written Request for Setting.
Ex Parte Orders in family law matters must meet the requirements of Sec. 11.11 & 71.15 of the Family Code.
When presenting an ex parte application, counsel must certify in writing whether the opposing party is unrepresented or, if represented, that counsel was notified and does not wish to be heard or that diligent notice efforts failed and further efforts are impracticable.
Court's wording
Counsel presenting any application for an ex parte Order shall, at the time the application is presented to the Court, certify in writing that: - 1. To the best of counsel's knowledge, the party against who the relief is sought is not represented by counsel; or - 2. 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 opposing counsel, has been unable to do so, and the circumstances do not permit additional efforts to give such notice.
An application for a TRO or Protective Order without notice must be accompanied by a verified complaint or affidavit to be considered.
Court's wording
- 1. 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 application's verified complaint or affidavit accompanying the application,
- b. Send an Order Resetting with a cover letter advising the Coordinator of the agreed upon date.
A no-notice TRO or Protective Order application must state specific facts and intelligible grounds; conclusory allegations alone are insufficient even if verified.
Court's wording
No Temporary Restraining Order or Protective Order will be granted without notice to the adverse party unless the applicant's verified complaint or affidavit accompanying the application contains "specific facts," as required by Rule 680, T.R.C.P., and "a plain and intelligible statement of the grounds for such relief," as required by Rule 682, T.R.C.P. No such Temporary Restraining Order shall be granted upon a complaint or affidavit containing mere conclusions, even if verified.
Counsel must attach the specified standing order to the original citation in every divorce or suit affecting the parent-child relationship.
Court's wording
- 2. The "Standing Order Regarding Property and Conduct of Parties in Divorce and Suits Affecting the Parent-Child Relationship" attached hereto as Appendix 1, is to be attached by counsel to the original citation in all suits of divorce and suits affecting the parent-child relationship.
Court-appointed attorneys must provide an itemized statement of hours spent representing the indigent defendant, both in and out of court.
Court's wording
All court-appointed attorneys shall provide the Court an itemized statement reflecting the number of hours spent in Court in representation of an indigent defendant and the number of hours spent out of the Court representing said defendant.
In all contested cases involving the division of property where value of assets in dispute exceeds $250,000, the attorneys shall prepare 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.
Within sixty (60) days after rendition, announcement of the Court's ruling or announcements of settlement by counsel, counsel shall cause all judgments, decrees or orders of any kind to be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered to the Court for signing.
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.
If parties cannot agree on an ADR referral, a party may notify the Court in writing that coordination efforts failed; the Court will then refer the issues to ADR without a hearing.
Court's wording
If the parties are unable to cooperate or agree to a referral of such issues to an ADR procedure, then upon written notification to the Court by one of the parties that efforts to coordinate a referral have been unsuccessful, the Court, without a hearing, shall enter an Order of Referral to an ADR procedure under such terms and conditions selected by the Court.
ALWAYS ADVISE THE COURT IN YOUR REQUEST OR COVER LETTER THAT YOU HAVE CONTACTED THE OPPOSING COUNSEL AND THAT THEY ARE AVAILABLE FOR HEARING ON THE DATE YOU HAVE REQUESTED.
Submit an Order Setting to the Court with a Request for Setting when obtaining a trial date or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.
It is the obligation of the attorneys to transport the Court's file to the county where the hearing will be held and then to see that it is returned to the appropriate Clerk's Office with which it is filed.
The Petitioner must attach the Order to the original petition and each copy, and the Clerk must ensure attachment 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.
In-person participants must bring their exhibits to the courtroom.
- m. An Order Setting with an agreed date should be attached to the Request.
Submit a written Request for Setting directly to the Court Coordinator at the Mason County Office; the party should not file it with the Clerk.
Court's wording
A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Coordinator at the Mason County Office. The party requesting a setting should not file the Request for Setting with the Clerk.
- 1. When requesting a setting for uncontested/agreed divorces, defaults, name changes or adoptions, you do not need to send an Order Setting. These matters can be set over the phone by contacting the Court Coordinator.
An Order Paying Court-Appointed Attorney should be attached to the itemized statement.
Filing & Service rules
Electronic Filing Rules
Represented parties must submit exhibits digitally, using the described digital submission method or a USB thumb drive.
Represented parties will submit their exhibits in digital form, as described above or on a USB thumb drive.
Page 1 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Exhibits and required documents should be emailed to the Court Coordinator before the hearing.
Exhibits and required documents should be emailed to the Court Coordinator prior to hearing at rebecca.moneyhon@txcourts.gov.
Page 2 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Represented parties will submit their exhibits in digital form, as described above or on a USB thumb drive.
Represented parties will submit their exhibits in digital form, as described above or on a USB thumb drive.
Page 2 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Rebuttal exhibits may be submitted to the Court Coordinator or through Zoom Chat.
Rebuttal exhibits may be submitted to the Court Coordinator or through Zoom Chat.
Page 2 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Filing Timing and Cure Windows
Uncontested family law matters are subject to dismissal for want of prosecution after 90 days if no affirmative action is taken.
Uncontested family law matters will be subject to DISWOP after 90 days if no affirmation action is taken.
Page 3 | C. DISMISSAL DOCKET: INVOLUNTARY DISMISSAL
In non-family civil matters, failure to take action directed toward trial within nine months may lead to dismissal for want of prosecution.
If no action is taken by a party seeking affirmative relief in non-family civil matters within nine (9) months directed toward a trial on the merits, the Court will proceed to dismiss the case for want of prosecution in accordance with Rule 165a, R.C.P.
Page 3 | C. DISMISSAL DOCKET: INVOLUNTARY DISMISSAL
Contested family law matters are subject to dismissal for want of prosecution after 180 days.
Contested family law matters will be subject to DISWOP after 180 days.
Page 3 | C. DISMISSAL DOCKET: INVOLUNTARY DISMISSAL
The deadline to prepare and deliver judgments, decrees, or orders for signing is within 60 days after the specified rendition, ruling-announcement, or settlement-announcement event.
Within sixty (60) days after rendition, announcement of the Court's ruling or announcements of settlement by counsel, counsel shall cause all judgments, decrees or orders of any kind to be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered to the Court for signing.
Page 6 | ORDERS AND DECREES — 1. Reduction to Writing within Sixty (60) Days
A judgment, order, or decree disposing of the case must be furnished within the sixty-day period; otherwise, the case will be placed on the next dismissal docket and may be dismissed with costs taxed at the Court's discretion.
Upon failing to furnish the Court with a judgment, order or decree disposing of the case within the sixty (60) day period, the Court shall place the case on the next regularly scheduled dismissal docket, whereupon the case may be dismissed and costs be taxed at the Court's discretion.
Page 7 | 2. Dismissal if Written Order Not Furnished
The Order takes effect when the original petition is filed, remains a Temporary Restraining Order for 14 days, continues as a Temporary Injunction if not contested by evidence at a hearing within that period, and terminates when the Court signs a final Order.
7.2 This Order is effective upon the filing of the original petition and shall remain in full force and effect as a Temporary Restraining Order for fourteen (14) days after the date of the filing of the original petition. If no party contests this Order by presenting evidence at a hearing on or before fourteen (14) days after the date of the filing of the original petition, this Order shall continue in full force and effect as a Temporary Injunction until further Order of the Court. This entire Order will terminate and will no longer be effective once the Court signs a final Order.
Civil cases
Page 3 | SERVICE AND APPLICATION OF THIS ORDER
Sealing & Redaction Procedures
Public access to pleadings, orders, and documents in the specified DFPS suits is restricted.
Public access to pleadings, orders, and documents filed in suits brought by DFPS pursuant to chapters26l,262,and264 of the Texas Family code is restricted.
Civil cases
Page 1 | IT IS TIIEREFORE ORDERED that
Reports and records concerning alleged child abuse or neglect are confidential and may not be inspected or released publicly without a court order issued after a hearing and in-camera inspection.
Reports of alleged or suspected child abuse and neglect, the identity of any person who makes such report, and documents used or developed in an investigation of such reports (which includes pleadings, orders, reports, DFPS records, and other documents filed in DFPS cases) are confidential and not subject to public inspection or release absent a court order issued after a hearing and an in-camera inspection of the records by the Court. Tex. Fam. Code Ann. $ 261.201,
Civil cases
Page 1 | The Court finds that
The District Clerk must prevent access to these records by anyone except the listed persons, unless the Court specifically authorizes and orders access.
The District Clerk shall prohibit and prevent access to court records in these cases to anyone other than DFPS, the parties, their attomeys, the child's attomey ad litem, and the guardian ad litem, unless specifically authorized and so ordered by this Court.
Civil cases
Page 1 | IT IS TIIEREFORE ORDERED that
The District Clerk must maintain, preserve, and protect court records in these cases.
The District Clerk shall maintain, preserve, and protect court records in these cases.
Civil cases
Page 1 | IT IS TIIEREFORE ORDERED that
Pre-Motion Conference Requirements
After obtaining available dates, contact opposing counsel to obtain a date agreeable to all parties.
After you have available dates, please contact opposing counsel to obtain a date that is agreeable to all parties.
Page 2 | A. REQUEST FOR SETTING-JURY CASES
Adjournment & Extension Requirements
For an agreed continuance, the parties must notify the Court Coordinator, who will consult the Judge before removing the matter from the docket; agreement or filing alone does not grant a continuance.
If you have a continuance that is agreed to by all parties, please contact the Court Coordinator and advise her of this and she will consult with the Judge prior to removing the matter from the docket. 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 | CRIMINAL CASES — A. CONTINUANCES/RESETTING/POSTPONEMENT
A non-agreed continuance motion filed fewer than seven days before a hearing is presumptively denied, and the filing party should not rely on it without a signed order.
Non-agreed continuances filed less than seven (7) days prior to hearing are presumptively DENIED and the filing party should not rely on the Continuance Motion without a signed Order.
Page 4 | CRIMINAL CASES — A. CONTINUANCES/RESETTING/POSTPONEMENT
Continuances must comply with the cited provisions of the Code of Criminal Procedure and Texas Civil Practice and Remedies Code.
All continuances shall be in accordance with Arts. 29.01 through 29.13, C.C.P. and Art. Tx. Civil Prac. & Rem. Code 30.003
Page 4 | CRIMINAL CASES — A. CONTINUANCES/RESETTING/POSTPONEMENT
There are no summary or automatic first continuances; all continuances must comply with the cited statutes.
There will be no summary or automatic "first continuances." All continuances shall be in accordance with Arts. 29.01 through 29.13, C.C.P. and Art 30.003, Texas Civil Prac. & Remedies Code.
Page 5 | 2. Continuances
To obtain a resetting date, first contact the Court Coordinator for available dates, then coordinate with opposing counsel on a date available and agreeable to all counsel.
- a. To obtain a resetting date, please contact the Court Coordinator for available dates, and then contact opposing counsel to obtain a date that is available and agreeable to all counsel.
Page 4 | CRIMINAL CASES — A. CONTINUANCES/RESETTING/POSTPONEMENT
Chambers Communication Rules
When setting a civil case for pre-trial, jury trial, non-jury or post trial hearing, please call the Court Coordinator, prior to sending your Motion and Order Setting, to obtain available hearing dates.
When setting a civil case for pre-trial, jury trial, non-jury or post trial hearing, please call the Court Coordinator, prior to sending your Motion and Order Setting, to obtain available hearing dates.
Page 2 | A. REQUEST FOR SETTING-JURY CASES
An attorney with conflicting trial settings must notify the courts concerned immediately upon learning of the conflict.
Whenever an attorney has two or more cases on trial dockets for trial at the same time, it shall be the duty of the attorney to bring the matter to the attention of the Courts concerned immediately upon learning of the conflicting settings.
Page 5 | 3. Conflict in Trial Settings — a. Duty of Counsel to notify Court
Attorneys practicing in the District must maintain an operative fax machine and/or email account at all times and provide access details to the Court, court clerks, and opposing counsel.
Any attorney practicing in the 452nd Judicial District Courts shall have access to a fax machine and/or e-mail account that will be operative 24 hours a day, seven days a week which shall be provided to the Court, the Clerks of Court, and all opposing counsel.
Page 7 | GENERAL RULES
Communications between the Courts and attorneys sent by fax or email are deemed received; this rule does not apply to documents filed with District Clerks.
All communications between the Courts and attorneys via fax or e-mail shall be deemed received. This does not include filing documents with the District Clerks.
Page 7 | GENERAL RULES
Notify the Court Coordinator as soon as possible if an interpreter is required; failing to do so may cause delay and waive an objection, and Zoom interpretation may be used.
Inform the Court Coordinator as soon as possible if any participant requires an interpreter. Failure to do so may cause delay and waive any right to object. Zoom interpretation feature may be used.
Page 1 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Exhibits and required documents should be emailed to the court coordinator before the hearing at the stated address.
Exhibits and required documents should be emailed to the court coordinator prior to hearing at rebecca.moneyhon@txcourts.gov.
Page 1 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Anyone unable to join due to a technology issue or needing help joining must contact the Court Coordinator by phone or email.
Any person who is unable to participate in this manner due to a technological issue or needing assistance joining the proceeding is ordered to contact the Court Coordinator at (325) 347-0755 or rebecca.moneyhon@txcourts.gov.
Page 1 | NOTICE OF HEARING
The Court Coordinator must be informed as soon as possible if a participant requires an interpreter.
Inform the Court Coordinator as soon as possible if any participant requires an interpreter.
Page 2 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Anyone unable to participate electronically because of a technology issue or who needs help joining must contact the Court Coordinator by phone or email.
Any person who is unable to participate in this manner due to a technological issue or needing assistance joining the proceeding is ordered to contact the Court Coordinator at (325) 347-0755 or rebecca.moneyhon@txcourts.gov.
Page 1 | ORDER SETTING HEARING
Notify the Court Coordinator as soon as possible when a participant needs an interpreter; failing to do so may cause delay and waive an objection, and Zoom interpretation may be used.
Inform the Court Coordinator as soon as possible if any participant requires an interpreter. Failure to do so may cause delay and waive any right to object. Zoom interpretation feature may be used.
Page 2 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
If a hearing must be cancelled, contact the Court Coordinator as soon as possible.
If for any reason you have to cancel a hearing, please contact the Court Coordinator as soon as possible.
Page 7 | GENERAL RULES
If counsel cannot agree on a date, contact the Court Coordinator for instructions on proceeding with a hearing date.
If you cannot obtain a date that is agreeable to all counsel, please contact the Court Coordinator and she will advise you on how to proceed regarding a hearing date.
Page 7 | GENERAL RULES
When setting or resetting a case, contact the Court Coordinator for available dates, then coordinate with all other counsel to find a date everyone can attend.
When setting or resetting a case for trial, pre-trial, etc., please contact the Court Coordinator for available dates. Then contact all other counsel and obtain a date that everyone is available.
Page 7 | GENERAL RULES
When setting or resetting a case, advise the Court of the estimated hearing time and whether the case has been mediated.
When setting or resetting a case for trial, pre-trial, etc., please advise the Court the estimated time you will need for the hearing and whether or not the case has been mediated.
Page 7 | GENERAL RULES
Contact the court coordinator by phone at (325) 347-0755 for assistance.
Contact the court coordinator at (325) 347-0755 for assistance.
Page 1 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Participants may contact the Court Coordinator by phone for assistance.
Contact the Court Coordinator at (325) 347-0755 for assistance.
Page 2 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Participants may contact the Court Coordinator by phone for assistance.
Contact the Court Coordinator at (325) 347-0755 for assistance.
Page 2 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Settings for the specified uncontested matters may be arranged by telephone with the Court Coordinator.
- 1. When requesting a setting for uncontested/agreed divorces, defaults, name changes or adoptions, you do not need to send an Order Setting. These matters can be set over the phone by contacting the Court Coordinator.
Page 3 | D. UNCONTESTED AND DEFAULT MATTERS
Official transcripts may be obtained by emailing the official court reporter.
Official transcripts of court proceedings may be obtained by contacting the official court reporter at tina.young@txcourts.gov
Page 2 | STANDING ORDER REGARDING PUBLIC ACCESS TO ELECTRONIC PROCEEDINGS