Judge Jack William Pulcher
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A party seeking a continuance because discovery is incomplete must state the reason, the time needed to complete discovery, and a proposed new trial date.
- Only the District Court may hear, consider, and grant a motion to continue a trial setting.
- If a continuance motion cannot be heard on the District Court’s regular pretrial date, its proponent must obtain a timely hearing setting.
- +3 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 written statement a-f the partVs contentions, not to exceed one page, daub! e spaced and in regul ar size print.
- Written statement of party contentions
- Up to 1 page
- Format
- Double-spaced
Document Format Requirements5 rules
The address shal 1 be centered and shal 1 be not 1 ess than one inch from the top of the page .
Pleadings, motions, and documents filed in civil or criminal cases must comply with Texas Rule of Civil Procedure 45(d), and larger documents should be reduced where possible.
- Pleading
- Motion
- Document
Formatting
- •To the extent possible, larger documents should be reduced accordingly
Court's wording
A l l pleadings, motions and documents -filed with the District Court, whether in civil or criminal cases, shall compl y with Rul e 45 (d) , Tx .R .Civ .P. . To the extent passible , 1arger documents shal 1 be reduced accordingl y.
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.
Summary-judgment motions and responses must be succinct and brief; written supporting argument and authorities may be attached.
Court's wording
(a) 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.
Document Filing Requirements40 rules
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.
Must include
- •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,
The Court shall conduct a Final Pretrial Conference in each case, unless an Agreed Final Pretrial Order signed by a l l counsel of record and part ies not represented by counsel is approved bv the Court prior to the scheduled Final Pretrial Conference date.
Each party must timely file the listed pretrial materials as separate documents.
Court's wording
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: (a) A written statement a-f the partVs contentions, not to exceed one page, daub! e spaced and in regul ar size print. (b) The contested issues of fact and a simplif ication of the issues. (c) Any st ipul ation of -facts . (d) The identification of legal matters to be ruled on or decided by the Court. (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 w i l l 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. (g) Agreed applicable propositions of law and contested issues of law. (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, (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 .
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 .
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 failed, or that there was no opportunity for consultation and the facts supporting no such opportunity.
A movant requesting the granting of his motion without a hearing shall attach to the motion a "Notice of Submission" stating that the motion shall be submitted to the Court for ruling without a hearing not less than 15 days after the filing of the motion.
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.
Each party shall submit a proposed Order stating the relief requested.
Summary-judgment proof and opposing proof must be attached to the motion or response or specifically refer to the appropriate case record.
Court's wording
(b) The summary judgment proof and proof in opposition must be attached to the motion or the response or must spec if ical 1 y refer to the appropriate record in the case.
(a) 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 must include the specified court address.
Court's wording
The first or t i t l e page of each document shall be addressed to the Court in the manner provided herein. The address shal 1 be centered and shal 1 be not 1 ess than one inch from the top of the page . The address shal 1 be as f o i l ows : 11 IN THE DISTRICT COURT OF KLEBERS COUNTY, TEXAS THE 1O5TH JUDICIAL DISTRICT OF TEXAS" .
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.
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.
(a) The officer conducting the interview shall submit a written report to the magistrate.
(b) The report shall include a history of the person's education, employment, criminal activity, financial ability, alcohol and controlled substance abuse, and such other information necessary to assist the magistrate in setting bail and in imposing conditions of bail.
An indicted defendant may waive felony arraignment using the District Court’s promulgated form, provided the waiver is filed by the preceding day.
Court's wording
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.
Each pretrial motion must include the requested relief, pertinent facts, authorities and supporting argument, applicable signatures and verification, 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 continuance motion alleging conflicting settings must attach exhibits proving the conflict, including dated notices, or the court may deny it without a hearing.
Court's wording
A motion for continuance that avers conflicting settings shall have attached to it as exhibits the proof of such conflict, including dated notices of the conflicting settings. Failure to attach such proof shal1 authorize the District Court to deny the motion without a hearing.
A judgment or an order signed by the Judge of the County 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.
(b) 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 claiming indigency shall sign under oath the statement required bv Art. 26.04(d>. Tx.C.Cr.P.
(a) 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 requesting payment must submit a court-form fee application at the specified time and attach documentation supporting expenses.
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.
A motion to substitute counsel must be in writing and must be t i mely f i1ed .
The motion must be signed by all counsel involved in the substitution.
A counsel's motion to withdraw as counsel of record must be in writing and must be timely - f i l e d .
The motion must state specific grounds.
The motion must state that counsel has informed his cllent that counsel seeks to withdraw from the case; that counsel has informed his cllent of a l 1 settings in the case; and that counsel has advised his client to either retain new counsel or of the consequences of appearing without counsel .
Cd> The request must state an agreement to pool with other news media if other organizations al so express an interest in the proceedings.
Ca) A request to permit cameras in the courtroom must be i n wr i t ing.
(c) The request must designate the portions of the proceed ings.
An ex parte application must state whether the opposing party is represented, identify opposing counsel if known, and explain why opposing counsel was not notified.
Court's wording
All 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.
The petitioner must attach this order to the original petition and every copy; if the petitioner fails to do so, the Clerk must attach it when the petition is filed.
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 petit/on and every copy of the petition presented.
A defendant may waive a pretrial hearing by filing no pretrial motions, with that fact noted on the docket, or by filing the District Court’s prescribed waiver form after filing motions.
Court's wording
A defendant may waive a pretrial hearing and thereby not be required to appear at said hearing either (a) by not filing pretrial motions, which fact shall be noted on the docket sheet of the case, or, (b) although having filed pretrial motions, by filing a waiver of pretrial hearing in the form promulgated by the District Court.
The Court may vary the compensation schedule on a written motion setting forth good cause, consistent with the County's ability to pay.
Court's wording
Upon written motion setting -forth good cause, the Court may vary -from the -foregoing schedule to fairly compensate counsel in a particular case, consistent with the ability of the County to pay.
Unless the motion clearly states that the substitution is done with the party's permission, the motion need not be signed by the party.
Except for good cause shown upon written motion for leave to file, no pretrial motion shall be considered by the Court unless it complies with Local Rules 5.081 and 5.034; otherwise, the Court shall deny the motion without a hearing until there is compliance with said Rules.
Filing & Service rules
Electronic Filing Rules
Motions, pleadings, and other documents may be filed by fax or similar telephonic or electronic transmission, subject to subsequently filing the original within three days of receiving 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
A motion submitted for decision without a hearing must be set for submission at least 15 days after filing.
A movant requesting the granting of his motion without a hearing shall attach to the motion a "Notice of Submission" stating that the motion shall be submitted to the Court for ruling without a hearing not less than 15 days after the filing of the motion.
Page 26 | Rule 3.043. Submission of Motion without Hearing
The opposing party may request a hearing or file a written response by the third day before the submission date.
The opposing party may request a hearing of the motion or file his written response on or before the third day prior to the submission date.
Page 26 | Rule 3.043. Submission of Motion without Hearing
A motion that has not been filed will not be heard or considered when the cause is called for hearing.
Any cause called for hearing in which the motion has not been filed shall not be heard or considered;
Page 26 | Rule 3.042. Request for Hearing
A motion is not docketed on the Court's calendar until it has been filed with the Clerk.
Although a movant may request and obtain a setting for a hearing on a motion by telephone from the Court Coordinator, no motion shall be docketed on the Court's calendar unless and until the motion is filed with the Clerk.
Page 26 | Rule 3.042. Request for Hearing
The jury-trial demand and fee payment are due at least 30 days before trial.
(a) 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 | Rule 3.064. Demand for a Jury Trial
After filing a document by fax or similar transmission, the original must be filed within three days of 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
The District Attorney must promptly file all grand jury indictments 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 | B. Return of Indictments
Pretrial motions other than motions for a trial continuance 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. See Rule 5.103.
Page 49 | Rule 5.081. Deadline to File Pretrial Motions
A waiver of felony arraignment must be filed on or before the day preceding felony arraignment.
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
A continuance motion by either the State or the defendant must be in writing and filed by the District Court’s regular pretrial hearing date.
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. See Rule 5.107.
Page 50 | Rule 5.085. Motions for Continuance of Trial Setting
A fee application is due at the guilty plea proceeding or case dismissal, or within two days after other services are completed.
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
A camera request must be made at least three business days before proceedings commence.
Cb) The request must be made at 1 east three business days prior to commencement of proceedings of any given case.
Page 70 | Rule 12.072. Request for Cameras in the Courtroom
Service and Proof of Service Rules
After obtaining a setting, counsel must promptly notify opposing counsel by delivering the motion and setting order.
Upon obtaining a setting , counsel shal1 prompt!y 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
If the indicted defendant is in custody, the indictment increases bail, or the defendant has not been arrested, the Clerk must prepare a copy of the indictment for service by the Sheriff.
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.
Page 42 | B. Return of Indictments
When the proponent obtains a hearing setting for a continuance motion that could not be heard on the regular pretrial date, the adverse party must receive prompt notice.
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.
Page 51 | Rule 5
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 | L. Judgments and Orders
Unless the party signs and approves the withdrawal 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 mak ing the request certifies in the request that he does not know all counsel and such parties, the Court Coordinator shall notify al1 such counsel and parties at the earliest opportunity, whether by telephone or by ma i 1 .
if the person mak ing the request certifies in the request that he does not know all counsel and such parties, the Court Coordinator shall notify al1 such counsel and parties at the earliest opportunity, whether by telephone or by ma i 1 .
Page 70 | Rule 12.073. Notice to Parties
Such a request should be made to a l 1 counsel of record and parties not represented by counsel ;
Such a request should be made to a l 1 counsel of record and parties not represented by counsel ;
Page 70 | Rule 12.073. Notice to Parties
Filing Fees and Waivers
The jury fee must be paid at least 30 days before trial.
(a) 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 | Rule 3.064. Demand for a Jury Trial
The required deposit for costs must be paid before filing a severed claim as a new case; if it remains unpaid 30 days after the severance order, the severed case will 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
A hearing request on a discovery complaint will not be granted unless moving counsel certifies an unsuccessful attempt to obtain the discovery or relief by agreement, or shows good cause for not making that effort.
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
Adjournment & Extension Requirements
A party seeking a continuance because discovery is incomplete must state the reason, the time needed to complete discovery, 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 | 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
Only the District Court may hear, consider, and grant a motion to continue a trial setting.
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
If a continuance motion cannot be heard on the District Court’s regular pretrial date, its proponent must obtain a timely hearing setting.
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.
Page 51 | Rule 5
Filing a continuance motion does not excuse the defendant or counsel from appearing; the court may issue a warrant or impose bail consequences for a defendant’s absence and sanctions, including contempt, for counsel’s absence.
The mere filing 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 shall authorize the District Court to impose appropriate sanctions against said counsel, including contempt.
Page 51 | Rule 5
When counsel is engaged in another court, the case remains on the docket 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 Court may yield to counsel’s conflicting settings in other courts based on the listed priorities: jailed criminal cases, cases preferred by statute, otherwise preferentially set cases, earlier settings, earlier filing dates, and complex cases.
The Court may yield to counsel's conflicting settings in other courts as determined by the f o l l o w i n g : (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. Ce) A case with an earlier f i l i n g date, (f; A complex case.
Page 62 | Rule 10.004. Yielding to Priority Settings
Chambers Communication Rules
A movant may schedule a hearing by telephone with the Court Coordinator, but the motion must be filed with the Clerk before it is docketed on the Court's calendar.
Although a movant may request and obtain a setting for a hearing on a motion by telephone from the Court Coordinator, no motion shall be docketed on the Court's calendar unless and until the motion is filed with the Clerk.
Page 26 | Rule 3.042. Request for Hearing
Ex parte communications about pending or potentially filed matters are absolutely prohibited.
Ex parte communications about any matter pending be-fore the Court or which may be f i l e d with the Court are absolutely and expressly prohibited.
Page 75 | Rule 12.116. Ex Parte Communications
Counsel has a duty to inform the Court promptly 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