Judge Jennifer Ann Habert
Individual Rules, Standing Orders & Policies
- Rules last changed:
Document Filing Requirements28 rules
2.3. Any motion omitting such certificate shall not be set for hearing until such certification has been filed.
2.2. All motions shall contain a "certificate of conference" by the party filing same that efforts to resolve the dispute without Court intervention have been attempted and failed and shall set forth specifically the efforts taken by date, action, and method.
- Document
- Motion
Must include
- •Certificate of conference
3.1.1. Be written and timely delivered to the Court Administrator;
3.1.4. Certify that a copy of the request has been duly delivered to all counsel and self represented parties.
3.1.3. Advise which, if any, discovery, and other pretrial matters remain unresolved;
3.1.2. Advise that the case is either a non-jury or jury trial and the estimated time for trial for the entire case;
If the announcement is "not ready," the specific reasons shall be set out
All announcements of "not ready" shall be accompanied by a detailed and proper motion for continuance.
An estimate of the time required for trial;
If the announcement is "ready," that all pretrial matters have been disposed of and all pretrial orders and the local rules have been complied with.
If the basis of a continuance is a conflicting setting, the motion must identify the conflicting setting by style, docket number, and judge.
All motions must be accompanied by an order setting the motion for a hearing.
A certificate that the person signing is the attorney in charge and that the information set out is true.
That all reasonable efforts to settle have been attempted and whether the announcing party has made a bona fide offer of settlement that has been rejected and;
5.3. JURY CHARGES. Each party shall at or before the pretrial submit to the Court a proposed jury charge.
9.1.9. Any exception to the scheduling order must be in writing, approved by the Court and filed in the case.
A copy of the matters subject to the pretrial filing deadline must be provided to the Court.
Court's wording
9.3.4. All matters, including final pleadings and required evidentiary documents, shall be filed at least seven (7) days prior to the date the final pretrial conference is scheduled, or earlier if otherwise provided by law or order of the Court, and shall be served on all opposing counsel and self represented parties with a copy provided to the Court.
9.3.5. Matters which shall be disposed of at the pretrial conference and which if not properly presented shall be deemed waived, are as follows: 9.3.5.5. Objections (which shall be in writing) to any discovery or proposed exhibits;
The prevailing party shall prepare the proposed order within fourteen (14) days after the hearing or ruling and promptly submit the same to the Court.
At the final hearing in a contested property-division divorce, counsel and self-represented parties must present a document identifying requested awards of community assets to each spouse.
Court's wording
9.8.3. REQUESTED DIVISION OF COMMUNITY ESTATE. Counsel for each spouse and each self represented party shall present to the Court at the final hearing of a contested property division divorce case a document containing the following: 9.8.3.1. Community assets requested to be awarded to the wife; 9.8.3.2. Community assets requested to be awarded to the husband;
Each party’s inventory must list property and its values; the Petitioner’s inventory must be complete, sworn, and itemized, and the Respondent must place additional items at the end of the appropriate category.
Court's wording
9.8.2. INVENTORIES. In all suits for dissolution of marriage in which the division of the parties' property is contested, Petitioner shall, not later than fifteen (15) days prior to trial, file a complete, sworn itemized inventory and appraisement of all property belonging to the parties to the marriage, including separate property and community property as well as any property belonging to the children. The inventory of each party shall be filed setting forth the list of property with the values assigned to each such item of property shown to the right of the description of such property. Not less than eight (8) days prior to trial, Respondent shall file an inventory so a comparison of properties and values can be made. Items of property on Respondent's inventory but not on Petitioner's shall be at the end of the appropriate category.
For a requested spousal-maintenance or child-support order, the hearing-setting order must include the quoted income-statement requirement.
Court's wording
9.8.1. PROOF OF INCOME In all Cases in which an order for spousal maintenance or child support is requested, the party seeking a hearing shall prepare an order setting hearing which includes the following language: "All parties to this action shall file and deliver to all parties, at least by the day preceding the hearing herein ordered, a written statement showing the accurate gross income of each party hereto for the last preceding three (3) calendar months and last preceding three (3) calendar years. This statement must include proof of income in the form of paystubs and tax returns."
The bankruptcy notice must identify the bankruptcy court and case, filing date, and bankrupt’s counsel and address.
Court's wording
9.7.1.2. within three (3) days of any bankruptcy filing, to provide written notice to the Court and all counsel that a bankruptcy filing has occurred giving the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing and the name and address of counsel for the bankrupt.
9.8.4.4. Every proposed final order or decree must properly describe the appearances of the parties and contain a waiver of a record to be considered for approval without a hearing.
The requested-division document must identify the requested allocation of community liabilities and separate assets and liabilities for each spouse.
Court's wording
9.8.3.3. Community liabilities requested to be awarded to the wife; 9.8.3.4. Community liabilities requested to be awarded to the husband; 9.8.3.5. Assets requested to be confirmed as separate property of the wife; 9.8.3.6. Assets requested to be confirmed as separate property of the husband; 9.8.3.7. Liabilities requested to be confirmed as separate liabilities of the wife; 9.8.3.8. Liabilities requested to be confirmed as separate liabilities of the husband.
9.8.4.1. The Court will not grant a self represented divorce unless and until a proposed final decree is submitted to the Court along with or prior to the request for a setting for final hearing.
The District Attorney shall notify the Court Administrator, in writing, of all criminal cases in which the State is ready for jury trial. Such notices shall include the names and addresses of the Defendant, Defendant's counsel, and bondsman.
In a self-represented divorce involving minor children, the Court will not grant the divorce or sign the decree if it deems relevant provisions ambiguous, incomplete, or unenforceable.
Court's wording
9.8.4.2. In any self-represented divorce that involves minor children, the Court will not grant or pronounce the divorce and sign the proposed decree if, in the opinion of the Court, the proposed decree contains language or provisions regarding conservatorship, child support or visitation rights which the Court deems to be ambiguous, incomplete or unenforceable.
Filing & Service rules
Electronic Filing Rules
Proposed orders must be e-filed separately, not attached to motions or pleadings.
1.8.2. Proposed Orders shall be e-filed separately, and not as attachments to motions or pleadings.
Page 4 | 1.8. FILING AND MAIL PROCEDURES.
Original documents that do not require the Judge's signature must be e-filed with the respective Clerk.
1.8.1. Original documents to be filed which do not require the Judge's signature shall be e-filed with the respective Clerk.
Page 4 | 1.8. FILING AND MAIL PROCEDURES.
Filing Timing and Cure Windows
Each attorney in charge must make a written ready or not-ready announcement, received by the Judge at least 14 full days before the jury setting begins.
Written announcements of "ready" or "not ready" must be made by each attorney in charge and received by the Judge at least fourteen (14) full days prior to the first day of the jury setting.
Page 6 | 3.8. JURY DOCKET ANNOUNCEMENTS
Other summary judgment motions must be presented in time for a regularly scheduled summary-docket hearing at least 30 days before the final pretrial conference.
9.2.2. Otherwise, any motions for summary judgment shall be timely presented to permit timely notice for a hearing on a regularly scheduled summary docket at least thirty (30) days prior to the final pretrial conference.
Page 9 | 9.2. SUMMARY JUDGMENT
“No evidence” summary judgment motions may not be set until discovery is complete.
9.2.3. "No evidence" summary judgment motions shall not be set until after discovery has been completed.
Page 9 | 9.2. SUMMARY JUDGMENT
All matters, including final pleadings and required evidentiary documents, must be filed at least seven days before the final pretrial conference, or earlier if law or court order requires, and provided to opposing counsel, self-represented parties, and the Court.
9.3.4. All matters, including final pleadings and required evidentiary documents, shall be filed at least seven (7) days prior to the date the final pretrial conference is scheduled, or earlier if otherwise provided by law or order of the Court, and shall be served on all opposing counsel and self represented parties with a copy provided to the Court.
Page 10 | 9.3. FINAL PRETRIAL HEARING
All discovery procedures must be completed before the pretrial conference.
9.3.6. All discovery procedures must have been completed prior to the pretrial conference.
Page 10 | 9.3. FINAL PRETRIAL HEARING
Written objections to a proposed order must be presented to the Court within 10 days thereafter.
Written objections to any such proposed order shall be presented to the Court within ten (10) days thereafter.
Page 12 | 9.6. PREPARATION OF ORDERS
The proposed order must be prepared within 14 days after the hearing or ruling and promptly submitted to the Court.
The prevailing party shall prepare the proposed order within fourteen (14) days after the hearing or ruling and promptly submit the same to the Court.
Page 12 | 9.6. PREPARATION OF ORDERS
In contested-property dissolution cases, the Petitioner must file a complete sworn inventory at least 15 days before trial, and the Respondent must file an inventory at least eight days before trial.
9.8.2. INVENTORIES. In all suits for dissolution of marriage in which the division of the parties' property is contested, Petitioner shall, not later than fifteen (15) days prior to trial, file a complete, sworn itemized inventory and appraisement of all property belonging to the parties to the marriage, including separate property and community property as well as any property belonging to the children. The inventory of each party shall be filed setting forth the list of property with the values assigned to each such item of property shown to the right of the description of such property. Not less than eight (8) days prior to trial, Respondent shall file an inventory so a comparison of properties and values can be made. Items of property on Respondent's inventory but not on Petitioner's shall be at the end of the appropriate category.
Page 13 | 9.8.2. INVENTORIES
All parties must file and deliver the specified income statement and supporting paystubs and tax returns to all parties by the day before the hearing.
"All parties to this action shall file and deliver to all parties, at least by the day preceding the hearing herein ordered, a written statement showing the accurate gross income of each party hereto for the last preceding three (3) calendar months and last preceding three (3) calendar years. This statement must include proof of income in the form of paystubs and tax returns."
Page 13 | 9.8.1. PROOF OF INCOME
Within three days of a bankruptcy filing, written notice with the specified bankruptcy and counsel information must be provided to the Court and all counsel.
9.7.1.2. within three (3) days of any bankruptcy filing, to provide written notice to the Court and all counsel that a bankruptcy filing has occurred giving the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing and the name and address of counsel for the bankrupt.
Page 13 | 9.7.1.2
The proposed final decree must be submitted with or before the request to set a final hearing in a self-represented divorce.
9.8.4.1. The Court will not grant a self represented divorce unless and until a proposed final decree is submitted to the Court along with or prior to the request for a setting for final hearing.
Page 14 | 9.8.4.1. SELF-REPRESENTED LITIGANTS IN FAMILY MATTERS
Anticipated summary judgment motions must be scheduled at the pretrial scheduling conference.
9.2.1. Anticipated motions for summary judgment shall be scheduled at the pretrial scheduling conference.
Page 9 | 9.2. SUMMARY JUDGMENT
Service and Proof of Service Rules
The proffering attorney must serve opposing counsel with page-and-line designations of any further deposition portions they intend to introduce at least seven days before the final pretrial conference.
9.3.7.3. The proffering attorney shall then serve opposing counsel with page and line designations of any portion of the videotaped deposition they further intend to introduce at trial not later than seven (7) days prior to the final pretrial conference.
Page 10 | 9.3.7. VIDEO
Unless the parties agree in writing or the Court orders otherwise, counsel offering trial videotapes or films (except those offered solely for impeachment) must make them available to opposing counsel and serve deposition page-and-line designations at least 14 days before the final pretrial hearing.
9.3.7.1. Unless otherwise expressly agreed to by the parties in writing or ordered by the Court, counsel intending to offer videotaped depositions, or other films or videotapes at trial, except those offered solely for impeachment, must make such videotapes and films available to opposing counsel, and serve opposing counsel with page and line designations for videotaped depositions, not later than fourteen (14) days prior to the final pretrial hearing.
Page 10 | 9.3.7. VIDEO
Opposing counsel must serve the proffering attorney with page-and-line designations of deposition portions they intend to introduce at least 10 days before the final pretrial conference.
9.3.7.2. Opposing counsel shall then serve the proffering attorney with page and line designations of any portion of the videotape deposition they intend to introduce at trial not later than ten (10) days prior to the final pretrial conference.
Page 10 | 9.3.7. VIDEO
The matters subject to the pretrial filing deadline must be served on opposing counsel and self-represented parties, with a copy provided to the Court.
9.3.4. All matters, including final pleadings and required evidentiary documents, shall be filed at least seven (7) days prior to the date the final pretrial conference is scheduled, or earlier if otherwise provided by law or order of the Court, and shall be served on all opposing counsel and self represented parties with a copy provided to the Court.
Page 10 | 9.3. FINAL PRETRIAL HEARING
Exhibits must be exchanged with all parties as directed by the scheduling order or, if there is no order, no later than three days before the pretrial conference.
9.3.8. All exhibits, including filings required by the Rules of Evidence, shall be exchanged with all parties as ordered by the scheduling order in the case, or if no order was issued then such exhibits shall be exchanged not later than three (3) days prior to the pretrial conference
Page 11 | 9.3.8
A copy of the proposed order must be forwarded to opposing counsel or any self-represented party.
A copy of the same shall be forwarded to opposing counsel or any self represented party.
Page 12 | 9.6. PREPARATION OF ORDERS
When a bankruptcy concludes, counsel must promptly notify the Court Administrator and include a copy of the bankruptcy order.
9.7.2. Conclusion of Bankruptcy. Once a bankruptcy has been concluded, whether by discharge, denial of discharge, dismissal or otherwise, counsel shall promptly notify the Court Administrator and shall include a copy of such bankruptcy order so that the affected case may be restored to the active docket or be dismissed as may be appropriate.
Page 13 | 9.7.2. Conclusion of Bankruptcy
The income statement and supporting paystubs and tax returns must be delivered to all parties by the day before the hearing.
"All parties to this action shall file and deliver to all parties, at least by the day preceding the hearing herein ordered, a written statement showing the accurate gross income of each party hereto for the last preceding three (3) calendar months and last preceding three (3) calendar years. This statement must include proof of income in the form of paystubs and tax returns."
Page 13 | 9.8.1. PROOF OF INCOME
Immediately after an indictment is returned, the District Clerk, District Attorney, and Sheriff must cause a certified copy to be served on the accused.
10.1. SERVICE OF INDICTMENTS. Immediately following the return of an indictment, the District Clerk, District Attorney and Sheriff shall cause a certified copy thereof to be served on the accused.
Page 14 | 10.1. SERVICE OF INDICTMENTS
Copies of bonds must be furnished to the Court Administrator in a timely manner.
10.2. BONDS. Copies of bonds shall be timely furnished to the Court Administrator.
Page 14 | 10.2. BONDS
Pre-Motion Conference Requirements
Moving counsel must confer with counsel for all parties affected by the requested relief to determine whether the contemplated motion will be opposed.
2.1. Counsel for a moving party shall confer with the counsel of all parties affected by the requested relief to determine whether a contemplated motion will be opposed.
Page 4 | 2. CERTIFICATE OF CONFERENCE REQUIRED.
A conference is required for all motions except motions to dismiss the entire action or indictment, motions for summary judgment, and motions for new trial.
2.4. Such a conference is required for all motions except motions to dismiss the entire action or indictment, motions for summary judgment, and motions for new trial.
Page 4 | 2. CERTIFICATE OF CONFERENCE REQUIRED.
Before filing a motion to withdraw, counsel must confer with the client, provide an opportunity to sign if the client does not object, and give notice of the ten-day objection period if written approval cannot be secured.
4.1. Withdrawal of counsel in both civil and criminal cases shall be pursuant to Rule 10, Texas Rules of Civil Procedure. 4.2. Prior to filing a motion to withdraw, counsel shall conference with the client and attempt to ascertain whether the client objects to the motion. 4.3. If the client does not object, the client shall be given an opportunity to sign the written motion. 4.4. If counsel is unable to secure the client's written approval of the withdrawal, counsel must notify the client that the Court will approve the motion unless the client files a written objection within ten days.
Page 7 | 4. WITHDRAWAL OF COUNSEL
Adjournment & Extension Requirements
Unless all counsel consent in writing and the Court approves, a continuance request must be made by motion under the applicable Texas civil or criminal procedure provisions.
Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as amended or Article 29.01, et seq. of the Texas Code of Criminal Procedure, as applicable, and
Page 5 | 3.6.2. Contents of Motion
A continuance or similar request may be granted only with all counsel's consent or after nonjoining parties are notified and given an opportunity to object; the Court may still deny an agreed request or require a hearing.
No request for a continuance, to pass, postpone or reset any trial, pretrial, or other hearing shall be granted unless counsel for all parties consent, or unless all parties not joining in such request have been notified and have had an opportunity to object. Agreement by counsel for all parties to a continuance does not mean automatic approval by the Court, and the Court reserves the right to deny or require a hearing even on agreed continuances.
Page 5 | 3.6.1. Consent or Notice Required
A continuance motion that does not meet the stated requirements will be denied without prejudice to refiling.
Any motion that does not meet these requirements will be denied without prejudice to the right to refile.
Page 6 | 3.6.2. Contents of Motion
A pretrial hearing will not be continued because a party failed to comply with the scheduling order.
9.3.2. No pretrial hearing will be continued for a failure to comply with the scheduling order.
Page 9 | 9.3. FINAL PRETRIAL HEARING
“First setting” and agreed continuances are not allowed.
There will be no "first setting" nor "agreed" continuances.
Page 15 | 10.5. PRETRIAL PROCEDURE
A continuance for a “first setting” is not allowed in jury cases.
There will be no "first setting" continuances.
Page 15 | 10.8. JURY CASES
A pretrial hearing may be continued only upon written motion.
No pretrial hearing will be continued except upon written motion.
Page 15 | 10.5. PRETRIAL PROCEDURE
Chambers Communication Rules
Ex-parte communications with the Court are prohibited, including electronic communications.
All ex-parte communications with the Court by attorneys, pro se parties, and any other persons are prohibited. This prohibition includes, but is not limited to, electronic communications.
Page 1 | 1.4. Ex-Parte Communications Prohibited
An attorney for a party that files for bankruptcy protection must promptly notify the Court by immediately telephoning the Court Administrator.
9.7.1.1. to promptly notify the Court by immediately telephoning the Court Administrator; and
Page 12 | 9.7.1. Notice of filing
Letters to the Judge and emails responding to the Judge must be copied to all attorneys of record and pro se parties; responding emails must include the sender’s specified contact and bar information.
Letters sent to the Judge or emails in response to an inquiry by the Judge shall be copied to all attorneys of record as well as any pro se parties. Such emails shall include the full name, mailing address, telephone number, fax number (if applicable) and State Bar of Texas number (if applicable) of the sender.
Page 2 | 1.4. Ex-Parte Communications Prohibited