Kleberg County Court at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- The case must be tried on its scheduled date.
- If the case is not reached for trial for a reason other than incomplete discovery, it must be reset within 120 days of the scheduled date, and pretrial deadlines are not extended absent good cause for additional time.
- A movant seeking a continuance because discovery is incomplete must state why discovery is incomplete, how much time is needed to finish it, and a proposed new trial date.
- +9 more
Request must include
- In addition to meeting the requisites o-f Rules 251 thru 253, T.R.Civ.P., a motion -for continuance shall specify the reason for the continuance. The party seeking the continuance shall state in writing that he is aware of the motion and that he agrees to it. The motion shall also state whether it is opposed or agreed to. The motion shall state a proposed trial date. The motion shall be f i l e d at least five days before the Final Pretrial Conference and, if not earlier disposed of, shall be decided at said Conference .
Communication
Phone
Page & Word Limits1 rule
(a) A written statement a-f the partVs contentions, not to exceed one page, daub! e spaced and in regul ar size print.
- Party contentions statement
- Up to 1 page
Document Format Requirements16 rules
All pleadings, motions and documents filed with the District Court, whether in civil or criminal cases, shall comply with Rule 45(d), Tx.R.Civ.P.
Formatting
- •Comply with Rule 45(d), Tx.R.Civ.P.
The address shall be centered and shall be not less than one inch from the top of the page.
A transfer of a case from one Court to another shal1 be evidenced in writing in a form promulgated by the District Court •.
The summons shal 1 be in the form prepared by the District Clerk with the approval of the District Judge.
A motion to substitute counsel must be in writing
- Motion to substitute counsel
Formatting
- •The motion must be in writing
A counsel's motion to withdraw as counsel of record must be in writing
- Motion to withdraw as counsel
Formatting
- •The motion must be in writing
A request to permit cameras in the courtroom must be in writing.
- Camera request
Formatting
- •The request must be in writing
Conference shall be in the -form promulgated by the Court.
(a) A written statement a-f the partVs contentions, not to exceed one page, daub! e spaced and in regul ar size print.
- Line spacing
- Double
- Party contentions statement
Formatting
- •Regular-size print is required
The motion and the response must be succinct and brief , and may have attached to it written supporting argument and copies of the authorities relied upon.
To the extent possible, larger documents shall be reduced accordingly.
The case caption must place the party names and cause number in the specified positions relative to the court address and margins.
Court's wording
The names o-f the parties shall be stated one—hal i inch or two lines a-fter the address to the Court and shall be one inch from the left margin, and the number of the cause shal1 be centered as to the names of the parties and shall be one inch from the right margin.
Each document filed in the case shal1 be given a number and shal1 have attached to it on either margin a tab with a number corresponding to the index.
Each felony case filed with the District Clerk receives a cause number consisting of the filing year, “CRF,” and a three-digit number assigned sequentially each calendar year.
Court's wording
Each f el ony case -filed with the District Clerk shall be given a cause number. The -first two digits shall note the year of the filing of the case, followed by the letters "CRF," and by a three digit number given sequentially each calendar vear.
A superseding indictment receives the original cause number with “SI” added, and each succeeding superseding indictment is numbered sequentially.
Court's wording
(c) The clerk shal1 assign the same cause number to the superseding indictment as the original indictment , except that there shal1 be added to the cause number the notation "SI" after the original cause number; thus, a superseding indictment in 91—CRF-999 would become 91~CRF-999~5i . Each succeeding superseding indictment shal 1 be numbered sequential 1y, to-wit : "32," "S3 , " etc.
A transferred case must have “C” added to its cause number, and that letter must be deleted if the case returns to District Court.
Court's wording
A case which is transferred to the County Court at Law shal1 have the 1etter "C" added to the cause number. If the case is subsequent! y returned to the District Court, the letter "C" shall be deleted.
Document Filing Requirements71 rules
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
If the Petitioner omits the order, the Clerk must ensure it is attached to the petition and every copy presented when the petition is filed.
Court's wording
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 petit/on and every copy of the petition presented.
A magistrate not specifically designated under Section 1(b)(2) may, within 12 hours of arrest, order transfer of the defendant to the Sheriff accompanied by documentation necessary to establish probable cause.
Court's wording
Without a finding of probable cause, within twelve (12) hours of the defendant's arrest, order the transfer and delivery of the defendant to the custody of the Kleberg County Sheriff, together with any sworn probable cause affidavit, confirmed warrant of arrest, or other documentation necessary to establish probable cause as to the offense for which the defendant is currently in custody, so that a judge or magistrate designated by this Standing Order may perform all duties required under T.C.C.P Art. 15.17, and set bail;
Unless the Court does so on its own mot ion , a mot i on to treat a case as a complex case shall state the specific grounds therefore.
A transfer of a case from one Court to another shal1 be evidenced in writing in a form promulgated by the District Court,
An agreed Final Pretrial Order must address al1 matters that would be considered at the Final Pretrial Conference and must resolve a l l matters necessary to get the case ready for trial .
(h) Proposed jury charge questions, instructions, and definitions for a jury case or proposed findings of fact and conclusions of law for a nonjury case,
Each party must exchange a list of trial fact witnesses, with their contact information and testimony subjects, except for the specified rebuttal or impeachment witnesses.
Court's wording
(e) The exchange of a 1 ist 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 addresses and telephone number, and the subject of the testimony of each witness.
(f) The exchange of a list of expert witnesses, who will be called to testify at trial, stating their addresses and telephone number, and the subject of the testimony and opinions that w i l l be proferred by each expert witness.
(d) The identification of legal matters to be ruled on or decided by the Court.
(g) Agreed applicable propositions of law and contested issues of law.
(b) The contested issues of fact and a simplif ication of the issues.
(i) The marking and exchanging of a l l exhibits that any party may use at trial and stipul at ion to the authenticity and admissib 11 i tv of exhibits to be used at trial .
(c) Any st ipul ation of -facts .
(1) In response to subrule C k ) , a 1isting, by page and line number, of other portions of a depostion, or other discovery evidence, which will be offered for trial pursuant to Rul e 1O6 , T .R .Civ ,£v . , and , if appl icabl e , any editted video deposition.
(k) A 1 isting , by page and 1 ine number, of those portions of a depostion, or other discovery evidence, which will be offered for trial , and, if applicable, any editted video deposition.
C.j) Written trial objections to the opposite party's exhibits, stating the basis for each objection .
(m) Written trial abjections to any deposition testimony, by page or line number, or other discovery evidence , stating the basis for each objection
A movant seeking a ruling without a hearing must attach a Notice of Submission stating that the motion will be submitted at least 15 days after filing.
Court's wording
A movant requesting the granting of his motion without a hearing shal1 attach to the motion a "Notice of Submission" stating that the motion shal1 be submitted to the Court for ruling without a hearing not less than 15 days after the f i l i n g of the motion.
Each party shall submit a proposed Order stating the relief requested.
Any movant requesting a hearing on his motion shall attach to the motion an "Order -for Hearing" to be signed by the Judge. A "Notice o-f Hearing" signed by counsel is not sufficient.
A motion must comply with Rule 21, and the movant must certify in writing that consultation was attempted but failed or that consultation was not possible and supporting facts explain why.
Court's wording
Any motion f i l e d in a cause shall comply with Rule 21, T.R.Civ.P. The movant shall certify in writing that he has attempted consultation with the adverse party or parties and that the attempt to resolve the issue f a i l e d , or that there was no opportun ity for consul tat ion and the facts support ing no such opportunity.
The summary judgment proof and proof in opposition must be attached to the motion or the response or must specifically refer to the appropriate record in the case.
A demand for a Jury trial shall be made in writing and the jury fee paid not less than 30 days before trial
The first or title page of each document shall be addressed to the Court in the manner provided herein.
The appropriate Order or Judgment disposing of the case shall be submitted promptly.
An application for ex parte relief must state whether the opposing party is represented, identify opposing counsel if applicable, and explain why known opposing counsel was not notified.
Court's wording
(b) A l l applications for ex parte relief shall state whether, within the knowledge of the applicant or his counsel , the opposing party is represented by counsel and , if so, the name of such counsel . If opposing counsel is known to the appl icant or his counsel , the appl leant or his counsel shall state why opposing counsel wa-s not notified.
A distress warrant issued pursuant to Rule 619, Tx.R.Civ.p -, shall be filed as civil cases generally. The Justice Court shall file the required documents with the Clerk, including a statement showing the amount of the rent claimed.
A l 1 indictments and a l 1 felony informations shal 1 be -filed with the District Clerk and shall be docketed with the District Court.
At the time of such f i l i n g , the District Attorney shal1 attach to each indictment a copy of the bail bond, if any, executed bv the defendant.
The Clerk shall prepare a list of the indictments f i l e d and shal 1 del iver a copy of same to the District Court and the County Court at Law.
I-f the indicted defendant is in custody, or if his bail has been increased by the return of said indictment} or if he has not been arrested, the Clerk shall prepare a copy of such ind ictment for service by the Sheriff.
If the case is not disposed of at arraignment, the defendant must receive and acknowledge written notice of all required pretrial and trial appearances.
Court's wording
At the arraignment of the defendant, if his case is not then disposed of, the County Court at Law shal1 give the defendant written notice of a l l required appearances for pretrial and trial settings, which notice the defendant shall acknowledge in writing.
At the time of mak ing bail upon a felony accusat ion , the defendant shal1 be given written notice by the Sheriff of the arraignment date and t ime , which notice the defendant shall acknowledge in writing.
A defendant on bail who has not been indicted must be reset to the next scheduled felony arraignment and receive and acknowledge written notice of the new date.
Court's wording
If a defendant on bail appearing for arraignment has not then been indicted , his cause shal1 be reset to the next scheduled felony arraignment in the County Court at Law. The defendant shall be given notice of his new arraignment date, which notice he shall acknowledge in writing.
I-f a defendant waives arraignment, he shall acknowledge on the waiver o-f arraignment all of his required appearances for pretrial and trial settings.
The de-f endant shal 1 be given notice o-f his new arraignment date, which notice he shal1 acknowledge in writing .
Each pretrial motion must state the requested relief, pertinent facts, authorities and supporting argument; satisfy applicable signature and oath requirements; include consultation information, notice of presentation, a proposed order, and a certificate of service.
- Document
- Pretrial motion
Must include
- •Proposed order
- •Certificate of service
- •Certificate of conference
Court's wording
Each pretrial motion shall succinctly state the relief sought, the facts pertinent to the motion, and a list of authorities with brief supporting argument; must be signed by counsel and, where required, by the defendant; must be sworn to where required; must contain a certificate of consultation with the opposing party and a statement that the matter raised in the motion was not resolved, or, if no consultation was accomplished, an explanation thereof; a notice that the motion will be presented at the pretrial hearing; a proposed order granting or denying the motion in full or in part; and a certificate of service.
A motion for continuance that avers conflicting settings shall have attached to it as exhibits the proof of such confl ict , including dated notices of the conf1icting settings. Failure to attach such proof shal1 authorize the District Court to deny the motion without a hearing.
The County Court at Law shal1 report to the Di Court a list o-f the pending cases by 3 :QO p.m. o-f the 1 ast Thursday o-f each month .
A judgment or an order signed by the Judge of the Countv Court at Law shall recite that said Court has Jurisdiction to accept a guilty plea and to enter a Judgment as provided by law.
Regardless of the result in any case, the District Attorney shall prepare the appropriate judgment or order as required bv law.
The Court Coordinator -for the District Court shall prepare the trial docket by 12:00 Noon of the 1 ast Friday o-f each month.
The Judgment or order of -a case transferred to and disposed o-f by the County Court at Law shall be f i l e d in the minutes of the County Court at Law.
A defendant c l a i m i n g indigency shall sign under oath the statement required bv Art. 26.04(d>. Tx.C.Cr.P.
The Judgment or order of a case disposed of by the District Court or by the Judge of the County Court at Law assigned to and acting for the District Court shall be -filed in the minutes o-f the District Court.
Counsel seeking payment must submit a written fee application on the Court’s form with supporting expense documentation attached.
Court's wording
Counsel requesting payment must submit a written -fee application in the form promulgated by the Court at the time of the guilty plea proceeding or dismissal of the case or within two days of the completion of other services. The app'l ication must have attached to it any documentation to support expenses, including charges by investigators.
The appointment of an investigator or an expert witness and the filing of a petition for discretionary review must •first be approved in writing before before such expenses are incurred
The motion must be signed by a l l counsel involved in the subst itution.
No substitution shall be granted if the substitution will cause a delay of the scheduled settings.
Counsel coming into the case must accept all settings in the case.
Where two or more counsel or a 1 awf irm appear as counsel at record, the "lead counsel" must be designated.
The motion must state specific grounds.
Filing & Service rules
Electronic Filing Rules
Motions, pleadings, and other documents may be filed by fax or similar transmission if the original is filed within three days after receipt of the faxed document.
Notions, pleadings and other documents may be f i l e d by -fax or other simil ar tel ephonic or el ectronic transmission , provided that the original document is subsequently filed within three (3) days o-f receipt of the faxed document .
Page 32 | Rule 3.085. Documents filed by Fax
Filing Timing and Cure Windows
The order takes effect when the original petition is filed, remains a temporary restraining order for fourteen days, continues as a temporary injunction if uncontested at a hearing by then, and terminates upon a final order or dismissal.
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 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 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 or the case is dismissed.
Civil cases
Page 6 | SERVICE AND APPLICATION OF THIS ORDER
Each party must timely file the listed pretrial materials in separate documents, as provided in the Order for Pretrial Conference.
As provided in the Order for Fretrial Conference, each party shall timely f i l e in separate documents the f o l l o w i n g
Page 23 | Rule 3.030. Required Filings
After approving the Final Pretrial Order, the Court will not consider a dilatory matter before jury selection or the start of a nonjury trial unless good cause is shown on the face of the motion or pleading.
Upon approving a final pretrial Order, the Court shall not consider any dilatory matter prior to jury selection or the commencement of a nonjury trial , except for good cause shown on the face of the motion or pleading.
Page 23 | Rule 3.028. Agreed Final Pretrial Order
Matters not raised at the Final Pretrial Conference are waived, and the Court generally will not hear on the trial date matters not raised there or filed afterward, absent good cause.
A l l matters not raised at the Final Pretrial Conference shall be deemed waived, and, except for good cause shown., the Court shall not hear or consider on the day of trial any matter not raised at the Final Pretrial Conference or any matter filed after the Final Pretrial Conference.
Page 23 | Rule 3.029. Purpose of Final Pretrial Conference
A motion cannot be placed on the Court's calendar or heard unless it has been filed with the Clerk; if an unfiled motion is called for hearing, the opposing party may recover appearance costs upon demand.
no motion shall be docketed on the Court's calendar unless and until the motion is filed with the Clerk. Any cause called for hearing in which the motion has not been f i l e d shall not be heard or considered ; upon demand the opposing party may recover his costs for appearing at said hearing.
Page 26 | C. Motions and Hearings on Motions
The submission date for a motion presented without a hearing must be at least 15 days after the motion is filed.
A movant requesting the granting of his motion without a hearing shal1 attach to the motion a "Notice of Submission" stating that the motion shal1 be submitted to the Court for ruling without a hearing not less than 15 days after the f i l i n g of the motion.
Page 26 | C. Motions and Hearings on Motions
The jury-trial demand and jury fee are due no less than 30 days before trial.
A demand for a Jury trial shall be made in writing and the jury fee paid not less than 30 days before trial
Page 28 | D. Trial Settings — Rule 3.064. Demand for a Jury Trial
The original document must be filed within three days after receipt of the faxed document.
Notions, pleadings and other documents may be f i l e d by -fax or other simil ar tel ephonic or el ectronic transmission , provided that the original document is subsequently filed within three (3) days o-f receipt of the faxed document .
Page 32 | Rule 3.085. Documents filed by Fax
If the costs deposit is not met after 30 days from the order granting severance, the severed cause must be dismissed.
Before the severed c l a i m is fil ed as a new cause, the deposit for costs shall be met, and if not met after 3O days from the Order granting severance, the severed cause shall be dismissed.
Page 33 | Rule 3.102. Severance
Except in emergencies or when the Clerk's office is closed for business, an application for immediate or temporary relief must be filed and assigned to a Court before it is presented to a Judge.
Except in emergencies or when the Clerk's office is not open for business, no application for immediate or temporary relief shall be presented to a Judge until it has been filed and assigned to a Court as provided in these Rules.
Page 34 | Rule 3.105. Temporary Orders
If no dismissal order is submitted within 3D days after the settlement announcement, the Court shall dismiss the case.
If no Order dismissing the cause is submitted within 3D days of the settlement announcement, the Court shall dismiss the cause.
Page 35 | Rule 3.106. Settlement of Case; Dismissal
The District Attorney must promptly file all indictments returned by the Grand Jury with the District Clerk.
A l 1 indictments returned by the Grand Jury shal 1 be promptly f i l e d by the District Attorney with the District Clerk .
Page 41 | Return of Indictments
To waive felony arraignment and not appear, the defendant must file the waiver on or before the preceding day.
An indicted defendant may waive felony arraignment by executing a waiver of arraignment in the form promulgated by the District Court and thereby not appear for arraignment, provided such waiver is filed the on or before the day preceding felony arraignment day.
Page 49 | Rule 5.074. Waiver of Arraignment
Pretrial motions other than trial-continuance motions must be filed by the Thursday before the scheduled pretrial date.
All pretrial motions, other than for a continuance of the trial, shall be filed by the Thursday prior to the scheduled pretrial date.
Page 49 | Rule 5.081. Deadline to File Pretrial Motions
A continuance motion must be filed no later than the District Court’s regular pretrial hearing date.
(b) A motion for continuance, whether by the State or by the defendant, shall be in writing and shall be filed on or before the regular pretrial hearing date of the District Court.
Page 50 | Rule 5.085. Motions for Continuance of Trial Setting
Counsel requesting payment must submit a written -fee application in the form promulgated by the Court at the time of the guilty plea proceeding or dismissal of the case or within two days of the completion of other services.
Counsel requesting payment must submit a written -fee application in the form promulgated by the Court at the time of the guilty plea proceeding or dismissal of the case or within two days of the completion of other services.
Page 57 | Rule 5.155. Fee Application; Documentation
Failure to timely submit a fee application waives compensation.
Failure to timely submit a fee application shall constitute a waiver of comoensation.
Page 57 | Rule 5.156. Failure to Timely Submit Fee Application
A motion to substitute counsel must be timely filed.
A motion to substitute counsel must be in writing and must be t i mely f i1ed .
Page 63 | Rule 11.011. Written Motion Required; Timeliness
A motion to withdraw as counsel of record must be timely filed.
A counsel's motion to withdraw as counsel of record must be in writing and must be timely - f i l e d .
Page 64 | Rule 11.021. Written Motion
A camera request must be made at least three business days before proceedings commence.
The request must be made at least three business days prior to commencement of proceedings of any given case.
Page 70 | Request for Cameras in the Courtroom
If no hearing is requested, the Court will rule after the adverse party has had a sufficient opportunity to respond.
If no hearing is requested, the Court shall rule on the motion accordingly after the adverse party has had sufficient opportunity to respond.
Page 26 | C. Motions and Hearings on Motions
The opposing party may request a hearing or file a written response no later than the third day before the submission date.
The opposing party may request a hearing of the motion or f i l e his written response on or before the third day prior to the submission date.
Page 26 | C. Motions and Hearings on Motions
Service and Proof of Service Rules
If service has not been obtained by the Preliminary Status Review, the Court may dismiss the case or reset review within 30 days; failure to obtain service by the subsequent review requires dismissal.
If service is not obtained by the Preliminary Status Review, the Court may either dismiss the cause immediately or may reset it for a Subsequent Preliminary Status Review within 30 days thereof to determine why no service has been obtained. If service is not by then obtained, the Court shall dismiss the cause immediately. If service is obtained by the Subsequent Preliminary Status Review, the cause may proceed for the Preliminary Conference.
Page 21 | Rule 3.023. Subsequent Preliminary Status Review
The Clerk must deliver a copy of the judgment or order to all counsel of record and the defendant.
The Clerk shal 1 del iver a copy of the judgment or order to a l 1 counsel of record and to the defendant.
Page 55 | Judgments and Orders
Unless the party signs and approves the motion, it must be served on the party by certified mail with return receipt requested or as in civil cases.
Unless the motion is signed and approved by the party, the motion must be served upon the party either by certified mail, return receipt requested or as in civil cases.
Page 64 | Rule 11.024. Service Upon Party
if the person making the request certifies in the request that he does not know all counsel and such parties, the Court Coordinator shall notify all such counsel and parties at the earliest opportunity, whether by telephone or by mail.
if the person making the request certifies in the request that he does not know all counsel and such parties, the Court Coordinator shall notify all such counsel and parties at the earliest opportunity, whether by telephone or by mail.
Page 70 | Notice to Parties
After obtaining a setting, counsel must promptly deliver opposing counsel a copy of the motion and setting order.
Upon obtaining a setting, counsel shall promptly inform opposing counsel of same by delivering a copy of the motion with a copy of the setting Order.
Page 27 | Rule 3.046. Scheduling of Appearances
Counsel must submit enough copies of the approved order to the Clerk for distribution to opposing counsel or parties.
Counsel shall also submit a sufficient number of copies of the approved Order to the Clerk for distribution to all opposing counsel or parties.
Page 27
Such a request should be made to all counsel of record and parties not represented by counsel;
Such a request should be made to all counsel of record and parties not represented by counsel;
Page 70 | Notice to Parties
Filing Fees and Waivers
Payment of the jury fee is required for a jury-trial demand.
A demand for a Jury trial shall be made in writing and the jury fee paid not less than 30 days before trial
Page 28 | D. Trial Settings — Rule 3.064. Demand for a Jury Trial
The costs deposit must be paid before the severed claim is filed as a new case; if it remains unpaid after 30 days from the severance order, the severed cause must be dismissed.
Before the severed c l a i m is fil ed as a new cause, the deposit for costs shall be met, and if not met after 3O days from the Order granting severance, the severed cause shall be dismissed.
Page 33 | Rule 3.102. Severance
Pre-Motion Conference Requirements
Counsel are expected to negotiate in good faith about discovery; a hearing request on a discovery complaint will not be granted unless counsel certifies an unsuccessful attempt to obtain the discovery or relief by agreement, or shows good cause for not attempting it.
A l l counsel are expected to engage in good faith negotiations pursuant the discovery and deposition rules o-f the Texas Rules of Civil Procedure. Requests for hearings on discovery complaints shall not be granted unless movant counsel certies that he has attempted to obtain such discovery or rel ief from opposing counsel by agreement and has been unsuccessful , or shows good cause for not mak ing such effort.
Page 34 | Rule 3.104. Discovery
The District Court must conduct hearings on pretrial motions in capital cases, motions for continuance, and motions that the County Court at Law could not hear.
The District Court shall conduct hearings of pretrial motions in capital cases, of motions -for continuance, and of any motions that could not be heard by the County Court at Law .
Page 53 | Hearings Before the District Court
The District Court must hear pending pretrial motions on the Friday after the third Monday of each month, unless it sets another date.
The District Court shall hear any pretrial motions pending before it on the Friday following the third Monday of each month, or on such other date set by the District Court .
Page 53 | Hearing Date for District Court
Summary-judgment motions and responses are submitted for a ruling without a hearing unless the Court determines in writing that a hearing and counsel's appearance to present argument are needed.
Unless the Court determines in writing that there is a need for a hearing and the appearance of counsel to present argument, motions for summary judgment and responses thereto shall be set for submission to the Court for a ruling without a hearing.
Page 27 | Rule 3.047. Motions for Summary Judgment
In an exceptional case and upon a proper showing in the motion or response, counsel may request a hearing when filing it.
In exceptional cases and upon a proper showing on the motion or the response, counsel may request a hearing at the time of the filing of the motion or the response.
Page 27 | Rule 3.047. Motions for Summary Judgment
Adjournment & Extension Requirements
If the case is not reached for trial for a reason other than incomplete discovery, it must be reset within 120 days of the scheduled date, and pretrial deadlines are not extended absent good cause for additional time.
I-f the case is not reached -for trial -for any reason, other than due to incomplete discovery, the case shall be reset for trial within 120 days of the scheduled trial date, without extension of any pretrial dead! ines, unless good cause is shown for additional time therefore.
Page 28 | D. Trial Settings — Rule 3.062. Resetting of Trial
A movant seeking a continuance because discovery is incomplete must state why discovery is incomplete, how much time is needed to finish it, and a proposed new trial date.
If the case is not ready for trial due to incomplete discovery, the movant seeking a continuance shall state the reason for the incomplete discovery, the time required to complete discovery and a proposed new trial date.
Page 28 | D. Trial Settings — Rule 3.063. If Discovery Incomplete
In addition to meeting the requisites o-f Rules 251 thru 253, T.R.Civ.P., a motion -for continuance shall specify the reason for the continuance. The party seeking the continuance shall state in writing that he is aware of the motion and that he agrees to it. The motion shall also state whether it is opposed or agreed to. The motion shall state a proposed trial date. The motion shall be f i l e d at least five days before the Final Pretrial Conference and, if not earlier disposed of, shall be decided at said Conference .
In addition to meeting the requisites o-f Rules 251 thru 253, T.R.Civ.P., a motion -for continuance shall specify the reason for the continuance. The party seeking the continuance shall state in writing that he is aware of the motion and that he agrees to it. The motion shall also state whether it is opposed or agreed to. The motion shall state a proposed trial date. The motion shall be f i l e d at least five days before the Final Pretrial Conference and, if not earlier disposed of, shall be decided at said Conference .
Page 34 | Rule 3.103. Continuance
A continuance motion by either the State or the defendant must be in writing and filed on or before the District Court’s regular pretrial hearing date.
(b) A motion for continuance, whether by the State or by the defendant, shall be in writing and shall be filed on or before the regular pretrial hearing date of the District Court.
Page 50 | Rule 5.085. Motions for Continuance of Trial Setting
Only the District Court may hear, consider, and grant a motion to continue a trial setting.
(a) Only the District Court shall hear, consider and grant a motion for continuance of a trial setting.
Page 50 | Rule 5.085. Motions for Continuance of Trial Setting
(c) Except for good cause shown on the face of the motion , the District Court shall not consider any motion for
(c) Except for good cause shown on the face of the motion , the District Court shall not consider any motion for
Page 50 | Rule 5.085. Motions for Continuance of Trial Setting
If a continuance motion cannot be heard on the regular District Court pretrial date, its proponent must obtain a timely hearing setting and promptly notify the adverse party; the Clerk need not present the motion.
If a motion for continuance cannot be heard on the regalar pretrial hearing date of the District Court, it shal1 be the duty of the proponent of the motion to obtain a timely setting for a hearing on the motion, with prompt notice to the adverse party. The Clerk shal1 have no duty to present the motion to the District Court.
Page 51
Filing a continuance motion does not excuse the defendant or counsel from appearing at the scheduled setting; the court may impose the stated consequences for either person's failure to appear.
The mere f i l i n g of a motion for continuance does not excuse the absence of the defendant or counsel at the scheduled setting. Failure of the defendant to appear shall authorize the District Court to issue a warrant for the arrest of the defendant , to order the forfeiture of bail , and/or to increase or deny bail . Failure of counsel to appear shal 1 authorize the District Court to impose appropriate sanctions against said counsel , including contempt.
Page 51
When counsel is engaged in another court, the case remains on the docket until reached for trial or hearing unless the Court continues it to a later date.
When informed that counsel is engaged in another court , the case shall remain on the docket until it is reached for trial or hearing T unless the Court continues the cause to a 1ater date.
Page 62 | Rule 10.002. When Counsel Engaged in Another Court
The case must be tried on its scheduled date.
The cause shall be tried on the scheduled date.
Page 28 | D. Trial Settings — Rule 3.061. Trial
A jury-trial demand is not grounds to advance or substantially delay the trial or any proceeding in the case.
A demand for a jury trial shall not be grounds for advancement or substantial del ay of the trial or of any proceeding in the case
Page 28 | D. Trial Settings — Rule 3.064. Demand for a Jury Trial
The Court may yield to counsel's conflicting settings according to the listed priority factors, including jailed criminal cases, preferential settings, earlier setting or filing dates, and complex cases.
The Court may yield to counsel's conflicting settings in other courts as determined by the following: (a) A criminal case in which the defendant is in jail. (b) A case given preference by statute. (c) A case otherwise preferentially set. (d) A case with an earlier setting date. (e) A case with an earlier filing date, (f) A complex case.
Page 62 | Rule 10.004. Yielding to Priority Settings
If a jury demand follows an original nonjury setting, the Court may try the case with a jury on the same date if one is available or place it on the next available jury docket.
If the case was originally set for nonjury trial and a demand is later made for jury trial, the Court may try the case with a jury on the same setting if a jury is available, or add the case to the next available jury docket.
Page 28 | D. Trial Settings — Rule 3.064. Demand for a Jury Trial
Chambers Communication Rules
The court or county where the prior felony is pending must be promptly notified of the defendant's arrest in Kleberg County.
as required by T.C.C.P. Art. 17.027(2), promptly notify the court or county in which any previous felony offense is pending of the defendant's current arrest in Kleberg County, so the originating court may reevaluate the bail decision as to the previous offense or take other appropriate action.
Criminal cases
Page 2 | T.C.C.P. 17.027(a)(2) - Arrest for Felony Offense Committed in Kleberg County After Release on Bail for Pending Felony Offense in Any Texas County Other Than Kleberg County
The Court must be timely informed when a witness requires a language or sign interpreter.
The Court shall be timely informed that a particular witness will require the assistance of a language or sign interpreter so that appropriate arrangements may be made.
Page 33 | Rule 3.093. Interpreters
When a case is settled or otherwise dismissed, counsel must notify the Court Coordinator as soon as possible.
When a case is settled or is otherwise dismissed , counsel shall notify the Court Coordinator as soon as possible
Page 35 | Rule 3.106. Settlement of Case; Dismissal
Hearings on applications for temporary injunctions, temporary receiverships, and similar matters must be set by consulting the court to which the case is assigned.
Hearings on appl icat ions for temporary injunctions, temporary receiverships and the 1 ike shal 1 be set in the Court to which the case has been assigned by consul ting with that Court.
Page 35 | Rule 3.105
Counsel must timely inform the Court of conflicting settings.
It is counsel ' s duty to timely inform the Court that counsel has conflicting seetings.
Page 62 | Rule 10.001. Duty of Counsel
To avoid being set for trial or hearing during a planned vacation, an attorney must give the Court written notice by March 1, and the vacation may not exceed four consecutive weeks.
An attorney who has given written notice to the Court by March 1 o-f any year o-f his planned vac at ion may not be put to trial or set -for hearing during said vacation, provided that said vacation does not exceed -four consecutive weeks .
Page 65 | Attorney Vacation
Ex parte communications about matters pending before the Court or that may be filed with it are prohibited.
Ex parte communications about any matter pending before the Court or which may be filed with the Court are absolutely and expressly prohibited.
Page 75 | Rule 12.116. Ex Parte Communications
Requests to schedule any appearance before the Court must be made through the Court Coordinator.
All requests for scheduling of appearances before the Court for any purpose shall be made through the Court Coordinator.
Page 27 | Rule 3.046. Scheduling of Appearances
Counsel should bring a calendar when arranging settings; delays caused by appearing without one or calling the office to check a proposed setting may result in sanctions.
Any delay of the proceedings caused by counsel appearing without a calendar or calling the office to check on a proposed setting may subject counsel to appropriate sanctions, including contempt of court,
Page 29 | E. Appearances Before the Court
If a court reporter cannot prepare a requested record on time, the reporter must inform the Court.
If a reporter cannot timely prepare a record, the reporter shall inform the Court.
Page 72 | Rule 12.093. Preparation of Records
A movant may request and obtain a hearing setting by telephone from the Court Coordinator.
Although a movant may request and obtain a setting for a hearing on a motion by telephone from the Court Coordinator,
Page 26 | C. Motions and Hearings on Motions