Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy • At Least 7 Days Before Final Pretrial Conference
Document Format Requirements2 rules
Any exception to the scheduling order must be in writing, approved by the Court and filed in the case.
Objections (which shall be in writing) to any discovery or proposed exhibits;
Document Filing Requirements29 rules
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
A setting request must be written and timely delivered to the Court Administrator, state the trial type and estimated trial time, identify unresolved discovery or pretrial matters, and certify delivery to all counsel and self-represented parties.
Court's wording
3.1. SETTING REQUESTS shall: 3.1.1. Be written and timely delivered to the Court Administrator; 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; 3.1.3. Advise which, if any, discovery, and other pretrial matters remain unresolved; 3.1.4. Certify that a copy of the request has been duly delivered to all counsel and self represented parties.
If the basis of a continuance is a conflicting setting, the motion must identify the conflicting setting by style, docket number, and judge.
All announcements of “not ready” shall be accompanied by a detailed and proper motion for continuance.
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.
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.
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;
All motions must be accompanied by an order setting the motion for a hearing.
If the announcement is “not ready,” the specific reasons shall be set out
A certificate that the person signing is the attorney in charge and that the information set out is true.
An estimate of the time required for trial;
Each party shall at or before the pretrial submit to the Court a proposed jury charge.
It shall be the duty of all counsel and self-represented parties to file and present to the Court all preliminary matters at the pretrial conferences.
any objections to such exhibits shall be presented, in writing, at the pretrial conference.
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.
After a bankruptcy concludes, counsel must promptly notify the Court Administrator and include the bankruptcy order.
Court's wording
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.
When spousal maintenance or child support is requested, the party seeking a hearing must prepare an order setting hearing with the required income-statement language.
Court's wording
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.”
All parties must file and deliver income statements, including paystubs and tax returns, by the day before the hearing.
Court's wording
“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.
Court's wording
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.
In a contested property-division dissolution suit, the Petitioner must file a complete, sworn itemized inventory and appraisement no later than 15 days before trial, listing property and values.
Court's wording
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.
The Respondent must file an inventory at least eight days before trial and place items omitted from the Petitioner’s inventory at the end of the appropriate category.
Court's wording
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.
At the final hearing of a contested property-division divorce, counsel and self-represented parties must present a document listing the requested division of community and separate assets and liabilities.
Court's wording
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; 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.
In a self-represented divorce involving minor children, the Court will not grant the divorce or sign the decree if it finds provisions on conservatorship, child support, or visitation ambiguous, incomplete, or unenforceable.
Court's wording
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.
Copies of bonds shall be timely furnished to the Court Administrator.
A self-represented divorce will not be granted until a proposed final decree is submitted with or before the request to set a final hearing.
Court's wording
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.
Each Defendant and counsel, if any, shall appear in person for arraignment unless a written waiver of arraignment has been filed.
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 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.
If a Defendant desires to make an application for probation and/or requests that punishment be assessed by the Court, the Defendant and his/her counsel are encouraged to execute a consent to the Court’s inspection of pre- sentence report at least five (5) days before any pretrial hearing.
Filing & Service rules
Electronic Filing Rules
Original documents that do not require the Judge’s signature must be e-filed with the respective Clerk.
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.
Proposed orders must be e-filed separately, not as attachments to motions or pleadings.
Proposed Orders shall be e-filed separately, and not as attachments to motions or pleadings.
Page 4 | 1.8. FILING AND MAIL PROCEDURES.
Filing Timing and Cure Windows
A motion that lacks the certificate may not be set for hearing until the certification is filed.
Any motion omitting such certificate shall not be set for hearing until such certification has been filed.
Page 4 | 2. CERTIFICATE OF CONFERENCE REQUIRED.
The Judge must receive each written ready-or-not-ready announcement at least 14 full days before the first day of the jury setting.
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 | 3.8.1. JURY DOCKET ANNOUNCEMENTS
If counsel cannot obtain the client’s written approval to withdraw, counsel must notify the client that the Court will approve the motion unless the client files a written objection within ten days.
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
Summary judgment motions must be presented in time for a regularly scheduled summary-docket hearing at least 30 days before the final pretrial conference.
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
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 a copy must be provided to the Court.
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
The proposed order must be prepared within 14 days after the hearing or ruling.
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
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 Respondent must file an inventory at least eight days before trial.
Not less than eight (8) days prior to trial, Respondent shall file an inventory so a comparison of properties and values can be made.
Page 13 | 9.8.2. INVENTORIES
Notice of a bankruptcy filing must be provided within three days of the filing.
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 Petitioner’s inventory must be filed no later than 15 days before trial.
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.
Page 13 | 9.8.2. INVENTORIES
The proposed final decree must be submitted no later than the request for a final-hearing setting.
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. SELF-REPRESENTED LITIGANTS IN FAMILY MATTERS
Pretrial matters must be timely filed, raised, and presented at the scheduled hearing or they are waived.
Matters not timely filed, raised, and presented at the scheduled pretrial hearing are waived and will not later be allowed.
Page 15 | 10.5. PRETRIAL PROCEDURE
Service and Proof of Service Rules
A copy of a setting request must be delivered to all counsel and self-represented parties, and the request must certify that delivery.
3.1.4. Certify that a copy of the request has been duly delivered to all counsel and self represented parties.
Page 5 | 3.1. SETTING REQUESTS
All matters, including final pleadings and required evidentiary documents, must be served on opposing counsel and self-represented parties at least seven days before the final pretrial conference, or earlier if law or court order requires.
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
Opposing counsel must serve the proffering attorney with page-and-line designations of videotaped deposition portions they intend to introduce at least 10 days before the final pretrial conference.
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
Counsel intending to offer trial videotapes or films, other than those offered solely for impeachment, must make them available to opposing counsel and serve page-and-line designations for videotaped depositions at least 14 days before the final pretrial hearing, unless the parties agree in writing or the Court orders otherwise.
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
The proffering attorney must serve opposing counsel with page-and-line designations of any additional videotaped deposition portions they intend to introduce at least seven days before the final pretrial conference.
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
Parties must timely examine tendered videos and notify opposing counsel of any admissibility objections.
All parties must timely examine any tendered video and notify opposing counsel of any objections to the admissibility of any part of the video.
Page 11 | 9.3.7.5
Exhibits must be exchanged with all parties according to the scheduling order or, if none was issued, at least three days before the pretrial conference.
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
The income statements must be delivered to all parties no later than the day preceding 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
Written notice of a bankruptcy filing must be provided to the Court and all counsel.
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.
Immediately after an indictment is returned, the District Clerk, District Attorney, and Sheriff must cause a certified copy to be served on the accused.
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
Courtesy Copy Requirements
A copy of all matters filed and served for the final pretrial conference must also be provided to the Court.
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
Pre-Motion Conference Requirements
Counsel for a moving party must confer with counsel for all affected parties to determine whether the contemplated motion will be opposed.
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.
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 and try to determine whether the client objects.
Prior to filing a motion to withdraw, counsel shall conference with the client and attempt to ascertain whether the client objects to the motion.
Page 7 | 4. WITHDRAWAL OF COUNSEL
Adjournment & Extension Requirements
A continuance or request to pass, postpone, or reset a trial, pretrial, or other hearing requires all counsel's consent or notice and an opportunity to object for nonjoining parties; even an agreed request may be denied 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
Unless all counsel consent in writing to a continuance and the Court approves it, a motion must be filed 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,
Page 5 | 3.6.2. Contents of Motion
A motion that does not meet the stated continuance-motion 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
After a case is set for a hearing following a dismissal notice, delay from the ordered schedule is not permitted.
Once a case is set for any hearing after a dismissal notice, no delay from ordered scheduling will be permitted.
Page 8 | 6.2. DISMISSAL NOTICE
A pretrial hearing will not be continued because a party failed to comply with the scheduling order.
No pretrial hearing will be continued for a failure to comply with the scheduling order.
Page 9 | 9.3. FINAL PRETRIAL HEARING
Failure to notice depositions or other discovery matters does not permit an exception to the applicable time requirements.
Failure to notice for depositions and other discovery matters will not permit an exception to the time requirements.
Page 9 | 9.1. General
First-setting continuances are 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, and first-setting and agreed continuances are not allowed.
No pretrial hearing will be continued except upon written motion. There will be no “first setting” nor “agreed” continuances.
Page 15 | 10.5. PRETRIAL PROCEDURE
Chambers Communication Rules
All 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
When a party files for bankruptcy protection, that party’s attorney in this court must promptly notify the Court by immediately telephoning the Court Administrator.
to promptly notify the Court by immediately telephoning the Court Administrator;
Page 12 | 9.7.1.1
Anyone seeking information from the Court must direct the inquiry to the Court Coordinator.
Any person seeking information from the Court regarding any matter whatsoever shall direct such inquiry to the Court Coordinator for the Court.
Page 1 | 1.4. Ex-Parte Communications Prohibited
Unsolicited messages to the Judge may be deleted unopened and, if read, may be disclosed to all parties.
Unsolicited emails, texts, or messages, sent to the Judge’s email address, social media account, or cell phone may be deleted without being opened and, if read by the Judge, are subject to being disclosed to all parties.
Page 1 | 1.4. Ex-Parte Communications Prohibited
Emails responding to the Judge’s inquiry must include the sender’s full name, mailing address, telephone number, and, when applicable, fax number and State Bar of Texas number.
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
Letters to the Judge and emails responding to the Judge’s inquiry must be copied to all attorneys of record and any pro se parties.
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.
Page 2 | 1.4. Ex-Parte Communications Prohibited
If opposing counsel believe a time estimate is erroneous, they must bring it to the attention of opposing counsel and the Court Administrator in writing.
3.2. Estimates of time that opposing counsel believe to be erroneous shall be called to the attention of opposing counsel and the Court Administrator, in writing.
Page 5 | 3.2
Counsel may notify the Clerk, Court Coordinator, and Judge at least 45 days before a vacation of no more than four consecutive weeks to seek to avoid trial assignment during that period.
3.10. ATTORNEY VACATION. Counsel wishing to avoid assignment to trial during a vacation period not exceeding four (4) consecutive weeks may advise the Clerk, Court Coordinator and Judge at least forty-five (45) days prior to the beginning of the vacation.
Page 7 | 3.10. ATTORNEY VACATION