Madison County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A motion to continue trial must be filed at least seven days before trial, except when extraordinary circumstances arise within that period.
- The court may rule on a continuance motion without an opportunity for response, party agreement does not guarantee approval, and a trial continuance motion must be filed at least seven days before trial except for extraordinary circumstances arising during that period.
Document Format Requirements8 rules
If an exhibit is not in one of these formats or in a format recognized by the appropriate appellate court, the sponsoring party must convert the media to a compatible format prior to admission.
Media exhibits must use a format uploadable to and accepted by the appropriate Court of Appeals under its current guidelines.
Court's wording
The Court ORDERS that the sponsoring party of any such media exhibit must ensure it is submitted in a file format that can be uploaded and accepted by the appropriate Court of Appeals, following its guidelines as they exist at the time of the exhibit's admission.
IT IS FURTHER ORDERED that audio or video exhibits may not exceed 2 GB in size per file. If a file exceeds this limit, it must be divided into smaller files not exceeding 2 GB each.
All scanned exhibits must be made text-searchable using optical character recognition (OCR) software, such as Adobe Acrobat.
The file must not be password-protected, encrypted, or restricted by rights management.
In the event a case is on appeal and the Court of Appeals is unable to open an exhibit as submitted, the sponsoring party that offered the exhibit shall be responsible for providing the court reporter with a replacement exhibit in an acceptable and accessible format.
IT IS FURTHER ORDERED that each computer file of a text document must be submitted in text-searchable Portable Document Format (.pdf), compatible with the latest version of Adobe Reader.
- File type
As of the issuance of this Order, acceptable formats include: .avi, .wmv, .wav, .mpg, .mid, .asf, .mpeg, .mpl, .mp2, .ffip3, .mp4, .m4v, .ogg, .oga, .ogv, .webm.
Document Filing Requirements73 rules
3. Draft Jury Charge or Bench Trial Documents: Prepare and submit a draft of the proposed Jury Charge.
Be prepared to argue evidentiary objections during the Pretrial Hearing.
Exhibits must be pre-marked and in compliance with the Madison County General Order Regarding Evidence.
4. Exhibit List and Copies: A comprehensive exhibit list must be submitted, with copies prepared for opposing counsel, the Court Reporter, and the Court.
7 .Trial Logistics: Counsel shall inform the Court of anticipated trial scheduling needs, use of any audio-visual equipment, estimated duration of the trial, and any potential scheduling conflicts.
Any inadmissible material (e.g., references to insurance) shall be redacted.
6. Motions in Limine: All Motions in Limine must be filed and prepared for discussion at the hearing pursuant to the Madison County Standing Order in Limine.
The listed trial-preparation materials must be brought to the Pretrial Hearing.
Court's wording
Pursuant to Rule 166 of the Texas Rules of Civil Procedure, the following documents and materials shall be provided to all opposing counsel and any self-represented party no fewer than five (5) working days prior to the scheduled Pretrial Hearing, and must be brought to the hearing:
1. Party and Counsel List: A list identifuing all parties, including any self-represented parties and attorneys of record, with complete and correct names. For any business entity, include the designated representative's name and title, along with physical mailing addresses.
If the case will proceed as a bench trial, submit proposed Findings of Fact and Conclusions of Law.
5. Deposition Designations: Submit excerpts of depositions or edited video testimony, clearly identifying the page and line numbers in the sequence intended to be presented at trial.
2. Trial Witness List: A complete list of trial witnesses, including the name, address, and subject matter of testimony, consistent with the disclosure requirements under the Texas Rules of Civil Procedure.
8.1 The Petitioner shall attach a copy ofthis order to the original petition and to each copy ofthe petition.
Emails sent to the judge's email address in response to an inquiry by the judge shall be copied to all attomeys of record, as well as any self-represented parties, except in circumstances in which a party has a constifutional or stafutory right to communicate with the court in an ex parte manner.
A pleading submitted by a represented party must be signed by at least one attorney of record.
Court's wording
Every pleading submitted by a party represented by an attorney shall be signed by at least one attorney of record and include the contact information required under TRCP 57 or, for criminal matters, Article 1.052 of the Code of Criminal Procedure.
Such emails shall include the sender's full name, mailing address, telephone number, fax number and State Bar of Texas number (if applicable).
2.15.2 Form of orders. All filed motions seeking affirmative relief from the court shall be accompanied by an order in such form as to grant or deny the motion.
A party not represented by an attorney shall sign their own pleadings and include the contact information Iisted in TRCP 57 or Article '1.052.
Newly retained counsel may not be permitted to substitute for counsel of record unless they certify that they are prepared to proceed without causing any delay of the proceedings.
An attorney who has entered a appearance i. *y case may withdraw only by filing a motion with the court. The motion must include the information required by TRCP 10.
The notice must inform the client that the court will be requested to grant the withdrawal on or after ten (10) days from the date of the notice, if no objection is filed.
In criminal cases, appointed counsel must advise their client in accordance with Article 26.04 of the Code of Criminal Procedure before withdrawing as counsel.
If the motion does not contain the signature of substitute counsel and/or the client, withdrawing counsel must attach a copy to the motion of the cover letter sent to the clien! advising them of the motion s fili.g.
In criminal cases, appointed counsel must comply with Article 26.04 of the Code of Criminal Procedure to withdraw.
All applications for ex parte relief shall contain a certificate signed by counsel in one of the forms set forth in the document entitled "certificate of conference and/or notice" on the court's website.
- Document
- Application for ex parte relief
- Placement
- Certificate section
Motions for preferential setting shall be in writing, verified, and clearly state the specific grounds for the request.
The original form must be filed with the appropriate clerk, and a copy must be provided to the court coordinator.
Motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought. The proposed order shall be a separate document.
- Document
- Motions and responses
Must include
- •Proposed order
A separate proposed order granting the requested relief must accompany the motion and be signed by all attomeys.
- Document
- Motion
Must include
- •Proposed order
A deposition notice setting an unagreed date, time, or location must include the stated conference language.
Court's wording
“A conference was held (or attempted) with the counsel for opposing party to agree to a time, date, location, and materials to be produced. Agreement could not be reached (or counsel will not respond) and the deposition is therefore being taken pursuant to this notice.”
A discovery motion must include a proposed order and a Certificate of Conference to avoid being deemed premature.
- Document
- Discovery motion
Include
- •Proposed order
- •Certificate of conference
Court's wording
A discovery motion may be deemed premature unless the movanfs counsel has: (1) made a good faith attempt to obtain the discovery or requested relief by agreement with opposing counsel; (2) complied with the Texas Rules of Civil Procedure and either was unsuccessful or demonstrates good cause fornot doing so; and (3) included a proposed order and a Certificate of Conference in accordance with Rule 3.L5.7.
A party objecting to a motion to retain shall file a written memorandum setting forth factual and legal basis for any objection to the motion to retain within three (3) days of service of the motion to retain.
A motion to retain must be filed at least 10 days before the noticed date and include a memorandum stating the factual and legal grounds and a compliant proposed pretrial order.
Court's wording
A written motion to retain shall be filed by any party desiring to retain a case at least ten (10) days prior to the date specified in the notice described in rule 3.19.2 above. The motion must be accompanied by a written memorandum outlining the factual and legal grounds for avoiding dismissal for want of prosecution, along with a proposed pretrial order that complies with Texas Rule of Civil Procedure 165a(1).
The motion must set forth each ground in numbered sequence, stating the specific facts relied upon for each. It should identify the source of each fact and indicate where those facts appear in the summary judgment evidence. Each ground must be accompanied by a clear and concise argurnent, including appropriate citations to legal authority and specific references to the supporting evidence.
The response must address each ground in the same numbered sequence used in the motion for summary judgment. It should clearly state the specific facts relied uporu identify the source of each fact, and indicate where those facts are located within the summary judgment evidence. Each point must include a concise and well-supported argument with citations to relevant authorities and direct references to the supporting evidence.
Each party must submit its anticipated jury-charge definitions, instructions, and questions before trial or jury selection in written and electronic form using a court-specified format if applicable.
Court's wording
Each party must prepare and submit to the court, prior to trial or jury selection, all proposed jrry charge definitions, instructions, and questions that are anticipated based on the pleadings and evidence and for which the party bears an affirmative burden. These submissions must be provided in both written form and electronically-via email, flash drivg or another format as specified by the court.
When funds are deposited in the court registry, the order or judgment must clearly direct the clerk on their disposition.
Court's wording
In cases where funds are deposited into the registry of the court it is the responsibility of all counsel and attomeys ad litem to ensure that the order or judgment clearly directs the clerk regarding the disposition of the funds.
Unless counsel for all parties consent in writing to the request for a continuance and the same is approved by the cour! a motion must be filed pursuant to Rule 25L, et seq. of the TRCP, as amended. The motion must be accompanied by an order. Any motion that does not meet these requirements will be denied without prejudice to the right to refile.
To remove a trial setting based on settlement, one of three specified documents must be filed, with the stated signature and jury-waiver requirements.
Court's wording
3.25.7 Removal of trial setting due to settlement. To remove a trial setting from the court's docket based on settlement, one of the following must be filed: a. a non-suit or agreed dismissal signed by all parties with pending claims; b. an agreed judgment signed by all parties; or c. a notice of settlement signed by all partieg accompanied by a waiver of jury trial if a jury demand has been made.
The Certificate of Conference must conform verbatim to one of the forms provided in the document titled'Certificate of Conference and/or Notice'available on the court's website.
Motions and responses must be written and accompanied by a separate proposed order granting or denying the requested relief.
- Document
- Motion and response
Must include
- •Proposed order
Court's wording
4.1.8.2 Form. Motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought. The proposed order shall be a separate document.
A separate proposed order granting the requested relief must accompany the motion and be signed by all attomeys.
- Document
- Unopposed motion
Must include
- •Proposed order
Said motion shall include a written memorandum setting forth the factual and legal basis why the case should not be dismissed for want of prosecution, together with a proposed pretrial order complying with TRCP Rule 165a(1).
Unless ordered otherwise, plaintiff’s or petitioner’s counsel must reduce orders, decrees, and judgments to writing, obtain opposing counsel’s approval as to form, and deliver them to the court within 20 days, or within 10 days for temporary orders.
Court's wording
within twenty (20) days [ten (10) days for any type of temporary orders] after rendition, announcement of court's ruling or announcement of settlement by counsel, plaintiff/petitioner's counsel shall cause, unless ordered otherwise, all orders, decrees and judgments of any kind to be reduced to writing, approved as to form by opposing counsel and to be delivered to the court for signafure.
A partv objecting to a motion to retain shall file a written memorandum setting forth factual and legal basis for any objection to the motion to retain within three (3) days of service of the motion to retain.
The Madison County Standing Restuaining Order, available on the court's website, must be attached to each initial pleading fited in applicable family law matters in the Madison County District Courts.
a party responding to a motion filed under subsection a. of this rule shall at least three (3) days prior to the hearing present to opposing counsel a written list of objections to the order (or an alternative proposed order).
The motion must be accompanied by an order.
When child or spousal support is at issue, each party must furnish the court and opposing party the specified financial records at or before the hearing, if available.
Court's wording
4.24.1 Financial inforrnation required. In all cases in which support of a child and/or spouse is in issue, whether temporary or final, each party shall be required to fumish the court and opposing party true and correct copies of the following, at or before the time of the hearing, if available: a. a swom statement of the household usual and ordinary monthly income and exPenses; b. all payroll statements, pay stubs; and if self-employed, profit and loss statements, balance sheets, income statements, or any other document evidencing any and all of that party's eamings from January 1 of the current year through the date of the hearing; c. federal tax retums, including attachments and schedules, for the two (2) years immediately prior to the hearing, or if retums have not been prepared, all W-2s, '1099s, K-1s or other evidence of income for said year; and d. copies of any financial statements prepared for any financial institution for the year prior to the fusthearing and from January 1 of the current year through the date of the hearing.
When division of the marital estate is disputed, each party must exchange and file a sworn inventory and appraisement at least 30 days before a contested hearing, subject to an agreed or court-approved earlier exchange date.
Court's wording
4.25.1 Inventory and appraisement required. In a case where the division of the marital estate is in dispute, each party shall exchange and file with the court a swom inventory and appraisement no later than thirty (30) days before any contested hearing date. The inventory and appraisement shall be in a form substantially similar to Form 7-"1. of the Texas Family Law Practice Manual published by the State Bar of Texas and shall list the value of each item of property and shall list each liability, the number of periodic payments in arrears, fi any, the property securing its payments and the name of the creditor. Any property or liability claimed to be separate shall be so characterized. All benefits arising from a party's employment (such as pensions, profit sharing plans, savings for thrift plans, whether vested or not) shall be identified. All property and liabilities shall be listed in a columnar form with each column totaled. The inventory shall show the net worth of the community estate and the net worth on any claimed separate estate. The parties may agree or request the court for an earlier date to exchange inventories.
In cases where division of the marital estate is disputed, the listed records must be exchanged without objection upon written request of counsel.
Court's wording
4.25.3 Items to be exchanged. In all cases where the division of the marital estate is in dispute the following items shall be exchanged without objection upon written request of counsel: a. copies of all insurance policies, including home, auto, life and medical; b. copies of all promissory notes, deeds of tmst and deeds evidencing ownership of real propertp including contracts for deeds and time sharing contracts; c. copies of all stockt mutual fund participation and investment portfolios and account statements relating thereto, held by the parties, in the narne of the parties or for the benefit of the parties; d. copies of all documents conceming employee benefits, retirement and pension funds; and e. preceding six (6) months statements for all credit card accounts in the name of the parties or either party.
Immediately upon employment, the defense attomey shall give written notice of said employment to the district attomey, the district clerk and the court coordinator stating the name of the defendanf the date of and the offense(s) charged and cause number, if known.
Arraignment may be waived in writing if signed by both the attorney and the defendant and filed with the clerk before noon on the day prior to the scheduled arraignment.
Arraignment may be waived in writing if signed by both the attomey and the defendant and filed with the clerk before noon on the day prior to the scheduled arraignment.
When counsel and the defendant appear for a docket and the case is not disposed, the case shall be reset by submitting a properly completed reset form.
To set a pretrial motion for hearing, the motion must state the requested relief, pertinent facts, supporting argument and authorities, satisfy applicable signature and oath requirements, include a certificate of service, and include a proposed order.
- Document
- Pretrial motion
Must include
- •Proposed order
- •Certificate of service
Court's wording
tr order to set a pre-trial motion for hearing, the motion must: 1. succinctly state the relief sough! 2. state the facts pertinent to the motion; 3. state supporting argument with authorities; 4. be signed by counsel and, where required, by the defendanf 5. be sworn to when required; 6. contain a certificate of service; and 7. contain a proposed order granting or denying the motion in full or in part.
Each segmented media file must be clearly labeled externally and in its media-device filename using the prescribed format.
Court's wording
Each segmented file must be clearly labeled both externally and within the media device file name using the following format: "Exhibit - [Party NameJ [DescriptionJ - [File NumberJ of [Total FilesJ " e.g., "Exhibit - Defendant Smith Statement I of 2."
Any oversized or enlarged exhibit offered must be an exact replica of the admitted exhibit.
Media submitted as an exhibit must include only the audio or video segments being offered; other content must be excluded.
Court's wording
Only the segments of audio or video content being offered as exhibits shall be included. For example, if a disc contains 50 jail phone calls and only a portion are being admitted, the sponsoring party must copy only those specific calls to a separate disc and offer that disc as the exhibit, excluding all others.
IT IS F'URTHER ORDERED that all oversized or enlarged exhibits shall be accompanied by 8.5" x 1 1" copies bearing a marked exhibit sticker on the front, which shall be retained by the court reporter for the record on appeal.
The Defendant shall provide to the State, no later than twenty-one (21) days prior to the scheduled Call Docket, the name, address, phone number, and field of expertise of each defense expert to be called under Rules 702,703, or 705 of the Texas Rules of Evidence.
Upon written request by Defense, the State shall file an indexed list of all furnished or exhibited materials before the commencement of trial.
Filing & Service rules
Electronic Filing Rules
Civil cases within the District Courts’ exclusive jurisdiction must be e-filed with the District Clerk’s office.
All civil cases over which the District Courts of Madison County have exclusive jurisdiction, must be e-filed with the District Clerk's office.
Page 11 | Rule 3 Civil Cases; Rule 3.10 General
Family law cases within the exclusive jurisdiction of the Madison County District Courts must be e-filed with the District Clerk’s office.
All family law cases over which the District Courts of Madison County have exclusive jurisdiction, must be e-filed with the District Clerk's office.
Page 22 | Rule 4.10 General
When all parties agree on all deadlines, the proposed docket control order should be completed, signed by all parties, and e-filed for the court’s consideration.
If all parties agree on all deadlines, the proposed order should be completed, signed by all parties, and efiled for the court's consideration.
Page 13 | 3.13 Docket Control Order
The criminal court coordinator prepares the order to appear, which the judge signs and e-files with notice to the defendant’s attorney, the District Attorney’s office, and the surety or bail bond person.
The original order to appear will be prepared by the criminal court coordinator, signed by the judge and e-filed with the district clerk, to include notice to ,fie defenclant's attomey, the District Attomey's office, and surety or bail bond person.
Page 36 | 5.1.6.1 Arraignment setting
Filing Timing and Cure Windows
Written notice designating June, July, or August vacation weeks must be filed by May 15 to protect the attorney from trials during those weeks, even if a trial-setting order was signed earlier.
Written notice designating vacation weeks for ]une, July, or August must be filed by May L5. Timely designation of these vacation weeks will protect the attorney from trials during those sununer weeks, even if an order setting the case for trial was signed before a timely vacation designation was filed.
Page 9 | 2.18.2 Summer vacations
Non-summer vacation designations must be filed by February 1, may cover no more than two consecutive weeks at a time, and do not protect an attorney from a trial set by an order signed before the designation is filed.
Written designations during months other than June, July, and August must be filed by February 1. Non-summer vacation weeks may not exceed two (2) consecutive weeks at a time. Designated non-summer vacation weeks will not protect an attorney from a trial by an order signed prior to the date the designation is filed.
Page 9 | 2.18.3 Non-summer vacations
An application or case must be filed with the appropriate clerk before a request for action or relief is submitted to the judge, unless advance filing is impossible; if so, file as soon as possible afterward and notify the clerk of the judge’s actions.
No request for action or relief of any kind shall be submitted to the judge before the application or case has been filed with the appropriate clerk, unless fili.g in advance is impossible. If it is impossible to file an application or case before it is presented to a judge, then it shall be filed as soon thereafter as possible and the clerk notified of all actions taken by the judge.
Page 10 | 2.22.1 Emergency filings
A party objecting to a trial setting must notify the court in writing and request a hearing within seven days after service of the trial notice.
Any party objecting to the trial setting must notify the court in writing and request a hearing on the objection within seven (7) days of being served with the notice of trial.
Page 12 | Rule 3.12.2 Trial Settings
A motion set for submission must state a submission date at least 10 days after filing, unless the court grants leave.
Motions set for submission shall state a date of submission which shall be at least ten (10) days from fiIing, except on leave of court.
Page 14 | 3.15.3 Submission
Responses, tf anty, shall be in writing. Responses shall be filed at least two (2) working days before the submission date.
Responses, tf anty, shall be in writing. Responses shall be filed at least two (2) working days before the submission date.
Page 14 | 3.15.4 Response
Objections to the specified pretrial materials and designations must be filed five days before the pretrial conference.
Any objections to the items n3.21,.2 and/or cross-line page and line designations shall be filed five (5) days before the pretrial conference.
Page 19 | 3.21.3 Objections to documents and things
Opposing counsel must file objections to a proposed judgment or order within five working days after receiving the proposed judgment.
Opposing counsel shall file any objections to a proposed judgment and/or order within five (5) working days of receipt of the proposed judgment.
Page 20 | 3.25.2 Objections to proposed orders
Unless otherwise ordered, plaintiff or petitioner’s counsel must reduce orders, decrees, and judgments to writing, obtain opposing counsel’s approval as to form, and deliver them for signature within 20 days, or within 10 days for temporary orders.
Within twenty (20) days [ten (10) days for any type of temporary orders] after rendition, announcement of court's ruling or announcement of settlement by counsel, platfirtflpetitioner's counsel shall cause, unless ordered otherwise, all orders, decrees and judgments of any kind to be reduced to writing, approved as to form by opposing counsel and to be delivered to the court for signafure.
Page 20 | 3.25.1 Reduce to writing
A motion for entry of a proposed order, decree, or judgment must be set for hearing no sooner than 10 days after filing, with notice to all opposing counsel.
file a motion for entry of the proposed order, decree or judgmen! secure a hearing on same no sooner than ten (10) days from the date of filing of the motion and provide notice to all opposing counsel.
Page 20 | 3.25.3 Procedure for entry of order
Any response must be written and filed at least two working days before submission; failure to respond may be considered a representation of no opposition.
4.18.4 Response. Responses, rf any, shall be in writing. Responses shall be filed at least two (2) working days before the submission date. Failure to file a response may be considered a representation of no opposition.
Page 25 | RULE 4.18 MOTIONS PRACTICE
A motion set for submission must state a submission date at least ten days after filing, unless the court grants leave.
4.18.3 Submission. Motions set for submission shall state a date of submission which shall be at least ten (10) days from filing, except on leave of court.
Page 25 | RULE 4.18 MOTIONS PRACTICE
A party seeking to retain a case must file a written motion to retain at least ten days before the date specified in the notice.
4.20.5 Motion to retain. A written motion to retain shall be filed by any party desiring to retain a case at least ten (10) days prior to the date specified in the notice described in Rule 2.18.2 above.
Page 26 | RTILE 4.20 DISMISSAL DOCKET
Discovery must be completed at least thirty days before the case’s trial date unless otherwise ordered by the court, agreed by the parties, or required by statute or rule.
4.19.3 Time period for discovery. All parties shall complete discovery not less than thirty (30) days prior to the date the case is set for trial unless otherwise ordered by the courf agreed upon by parties, or required by statute or rule.
Page 26 | RULE 4.19 DISCOVERY DISPUTES
An objection to a motion to retain must be filed within three days after service of the motion.
A partv objecting to a motion to retain shall file a written memorandum setting forth factual and legal basis for any objection to the motion to retain within three (3) days of service of the motion to retain.
Page 27 | 4.20.6 Objection to motion to retain
Opposing counsel must file objections to a proposed judgment or order within five working days of receiving the proposed judgment.
Opposing counsel shall file any objections to a proposed judgment and/or order within five (5) working days of receipt of the proposed judgment.
Page 27 | 4.21.2 Obiections to proposed orders
within twenty (20) days [ten (10) days for any type of temporary orders] after rendition, announcement of court's ruling or announcement of settlement by counsel, plaintiff/petitioner's counsel shall cause, unless ordered otherwise, all orders, decrees and judgments of any kind to be reduced to writing, approved as to form by opposing counsel and to be delivered to the court for signafure.
within twenty (20) days [ten (10) days for any type of temporary orders] after rendition, announcement of court's ruling or announcement of settlement by counsel, plaintiff/petitioner's counsel shall cause, unless ordered otherwise, all orders, decrees and judgments of any kind to be reduced to writing, approved as to form by opposing counsel and to be delivered to the court for signafure.
Page 27 | 4.21.1. Reduce to writing
If counsel cannot obtain approval as to form from opposing counsel, counsel may move for entry, must secure a hearing no sooner than 10 days after filing the motion, and must notify all opposing counsel.
file a motion for entry of the proposed order, decree or judgmen! secure a hearing on same no sooner than ten (10) days from the date of filing of the motion and provide notice to all opposing counsel.
Page 27 | 4.21.3 Procedure for enhry of order
The written objections or alternative proposed order must be presented to opposing counsel at least three days before the hearing.
a party responding to a motion filed under subsection a. of this rule shall at least three (3) days prior to the hearing present to opposing counsel a written list of objections to the order (or an alternative proposed order).
Page 28 | 4.21.3 Procedure for enhry of order
The arraignment waiver must be filed with the clerk before noon on the day before the scheduled arraignment.
Arraignment may be waived in writing if signed by both the attorney and the defendant and filed with the clerk before noon on the day prior to the scheduled arraignment.
Page 35 | 5.15.8 Waiver of arraignment
The arraignment waiver must be filed with the clerk before noon on the day before the scheduled arraignment.
Arraignment may be waived in writing if signed by both the attomey and the defendant and filed with the clerk before noon on the day prior to the scheduled arraignment.
Page 36 | 5.1.6.8 Waiver of arraignment
Covered pretrial motions must be filed at least seven days before the motions or second pretrial setting; late matters may be raised or filed only with court permission for good cause.
All pretrial motions, including pleadings of the defendant, special pleas, exceptions to the form or substance of the information or indictrnen! motions to suppress, motions for change of venue, discovery motions, and entrapment motions, must be filed at least seven (7) days prior to the motions or 2"d pretrial setting. If any such preliminary matter is not raised or filed seven days before the motions or 2nd pretrial setting it will not thereafter be allowed to be raised or filed, except by permission of the court for good cause shown.
Page 37 | RULE 5.18 MOTIONS
Continuance motions must comply with Chapter 29, and a motion to continue trial must be filed by the docket call unless good cause is shown.
5.21,.2 Motions and timing. Motions for continuance, whether by the state or the defendant, must comply with the provisions of Chapter 29 of the Code of Criminal Procedure. Motions to continue a trial must be filed on or before the docket calf unless good cause is shown.
Page 38 | RULE 5.21 CONTINUANCES
If opposing counsel has not filed a written objection within 10 days after the letter date, counsel may present the proposed order, decree, or judgment with a letter requesting signature.
present the court with the proposed order, decree or judgment together with a letter requesting the court to sign same if the court has not received any written objection from opposing counsel within ten (10) days from the date of the letter.
Page 20 | 3.25.3 Procedure for entry of order
A party objecting to a trial setting must notify the court in writing and request a hearing within seven days after service of the trial notice.
Any party objecting to the trial setting must notify the court in writing and request a hearing on the objection within seven (7) days of being served with the notice of trial.
Page 23 | 4.1.5.2 Trial settings
A party has seven days after receiving notice of an automatic mediation referral to file an objection motion, or the objection is waived.
Any party receiving notice of a setting that automatically refers the case to mediation has seven (7) days from the receipt of said notice to file a motion objecting to the automatic referral. Failure to file such motion waives the objection to the referral.
Page 24 | 4.17.2 Objection to automatic referral
A case on the dismissal docket will be dismissed on the date stated in the notice unless good cause is shown.
4-20.4 Notice of dismissal. Unless good cause is shown, such cases shall be dismissed on the date stated within the notice.
Page 26 | RTILE 4.20 DISMISSAL DOCKET
Counsel may present a proposed order, decree, or judgment with a letter requesting signature if the court receives no written objection within 10 days of the letter.
present the court with the proposed order, decree or judgment together with a letter requesting the court to sign same if the court has not received any written objection from opposing counsel within ten (10) days from the date of the letter.
Page 27 | 4.21.3 Procedure for enhry of order
The case may be set for entry of judgment 30 days after the hearing unless appropriate orders are submitted before then.
The case may be set for entry of judgment thirty (30) days following the date of hearing unless appropriate orders are submitted prior to that date.
Page 28 | 4.21.5 Hearing set by court
If the court receives a written objection within the stated 10-day period, it must schedule a hearing under subsection a.
If the court receives a written objection from opposing counsel within the stated time, the court shall schedule a hearing for entry of the same pursuant to subsection a. of this rule;
Page 28 | 4.21.3 Procedure for enhry of order
Service and Proof of Service Rules
The listed trial-preparation materials must be provided to opposing counsel and any self-represented party at least five working days before the Pretrial Hearing.
Pursuant to Rule 166 of the Texas Rules of Civil Procedure, the following documents and materials shall be provided to all opposing counsel and any self-represented party no fewer than five (5) working days prior to the scheduled Pretrial Hearing, and must be brought to the hearing:
Civil cases
Page 1 | Standing Trial Preparation Order
Notices sent by mail to a self-represented litigant’s provided contact information are deemed constructively received even if not retrieved or acknowledged; proof of delivery may include a postal receipt or comparable evidence.
Notices sent to the provided contact information, whether by mail or electronically, will be deemed constructively received, even if not retrieved or acknowledged. Proof of delivery may include a postal receipt for certified or registered mail, confirmation of electronic transmissiorL or other comparable evidence of delivery.
Page 6 | 2.13.2 Notice
Self-represented litigants must provide valid mailing, telephone, and email contact information for court personnel and opposing counsel.
Self-represented litigants are required to provide a valid mailing address, telephone number, and email address for communication with court personnel and opposing counsel.
Page 6 | 2.13.2 Notice
Notice of designated vacation weeks must be served on the court, opposing counsel, and the appropriate clerk.
Notice of the designated vacation weeks must be served on the court, opposing counsef and the appropriate clerk.
Page 9 | Rule 2.18
Matters not requiring testimony may be set by submission if opposing counsel receives at least ten days’ written notice and an opportunity to object.
Matters that do not require testimony will be allowed to be set by submission at any time, provided that opposing counsel receives at least ten (10) days written notice with the opportunity to object.
Page 11 | Rule 2.25 Submission Docket
In cases involving an attorney ad litem, attorneys must promptly give the ad litem written notice of the appointment and scheduled settings, no later than five days after appointment.
In any case involving the appointment of an attorney ad litem, all attomeys have an affirmative duty to provide written notice of the appointment and any scheduled settings to the ad litem without delay and no later than five (5) days from the date of appointment.
Page 12 | Rule 3.11.1 Notification
The party requesting a hearing must promptly give the opposing party written notice of the setting’s date, time, and subject matter using the court’s specified form.
It is the responsibility of the party requesting a hearing-not the court coordinator-to promptly provide written notice to the opposing party of the scheduled setting, including the date, time, and subject matter, using the courf s Confirmation of Hearing or Setting Request form.
Page 13 | 3.12.4 Required notice of hearing
When a party files for bankruptcy protection, its counsel must provide written notice to the court and all counsel within three days, including the specified bankruptcy and counsel details.
Whenever a party in this court files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that par$r's counsel to, within three (3) days of any bankruptcy filing, provide written notice to the court and all counsel that a bankruptry has occurred, stating the name and location of the bankruptcy cour! the bankruptcy cause number and style, the date of filing and the narne and address of counsel for the bankrupt party, as well
Page 16 | Rule 3.18.1 Notice of bankruptcy
Unless otherwise specifically ordered, at least ten (10) days prior to the pretrial conference, the parties shall serve or exchange the following: (1) exhibit lists (parties are required to make their exhibits available for inspection on the date of the pretrial conference or on a date prior with
Unless otherwise specifically ordered, at least ten (10) days prior to the pretrial conference, the parties shall serve or exchange the following: (1) exhibit lists (parties are required to make their exhibits available for inspection on the date of the pretrial conference or on a date prior with
Page 18 | Rule 3.21 Pretrial Conference
All opposing counsel must receive notice of the hearing on a motion for entry of a proposed order, decree, or judgment.
file a motion for entry of the proposed order, decree or judgmen! secure a hearing on same no sooner than ten (10) days from the date of filing of the motion and provide notice to all opposing counsel.
Page 20 | 3.25.3 Procedure for entry of order
All opposing counsel must receive the proposed judgment and a copy of the letter.
Notice shall be providerl to all opposing counsel by providing them with the proposed judgment and a copy of the letter.
Page 21 | Rule 3.25
A party responding to the specified motion must present opposing counsel with written objections or an alternative proposed order at least three days before the hearing.
c. a party responding to a motion filed under subsection a. of this rule shall at least three (3) days prior to the hearing, present to opposing counsel a written list of objections to the order (or an altemative proposed order).
Page 21 | Rule 3.25
Each party must furnish the ad litem copies of all pleadings, orders, and other filed documents.
Each parry must also fumish the ad litem with copies of all pleadings, orders, and other filed documents.
Page 22 | Rule 4.14.1 Notification
In a case involving an attorney ad litem, attorneys must promptly provide the ad litem written notice of the appointment and scheduled settings, no later than five days after appointment.
In any case involving the appointment of an attorney ad litem, all attomeys have an affirmative duty to provide written notice of the appointment and any scheduled settings to the ad litem without delay and no later than five (5) days fromthe date of appointment.
Page 22 | Rule 4.14.1 Notification
Counsel must provide all opposing counsel with the proposed judgment and a copy of the letter.
Notice shall be provided to all opposing counsel by providing them with the proposed judgment and a copy of the letter.
Page 28 | 4.21.3 Procedure for enhry of order
If the defendant is under bond, a copy of the Certificate of No-Bill must be delivered immediately to the surety or bondsman and the defendant.
b. Defendant Under Bond: A copy of the certificate shall be delivered to the surety s(bondsman) and the defendant immediately.
Page 32 | 5.10.4 Certificate of No-Bill procedures
If the defendant is under arrest, a copy of the Certificate of No-Bill must be delivered immediately to the Sheriff and the defendant.
a. Defendant under Arrest If the defendant is under arrest, a copy of the certificate shall be delivered to the Sheriff and the defendant immediately.
Page 32 | 5.10.4 Certificate of No-Bill procedures
Immediately upon employment, defense counsel must provide written notice of employment to the district attorney, district clerk, and court coordinator.
Immediately upon employment, the defense attomey shall give written notice of said employment to the district attomey, the district clerk and the court coordinator stating the name of the defendanf the date of and the offense(s) charged and cause number, if known.
Page 34 | RULE 5.14 APPEARANCE OF COUNSEL
Once a formal motion is filed with the clerk and served on the district attorney, the court shall set a definite hearing date at the motions ancillary.
If a formal motion has been filed with the clerk and served upon the district attorney in compliance with these rules, a date certain shall be set by the court at the motions ancillary for a hearing on said motion.
Page 35 | 5.15.3 Motions setting
Once a formal motion is filed with the clerk and served on the district attorney, the court shall set a definite hearing date at the motions ancillary.
If a formal motion has been filed with the clerk and served upon the district attomey in compliance with these rules, a date certain shall be set by the court at the motions ancillary for a hearing on said motion.
Page 36 | 5.1.6.3 Motions setting
Failure to serve the parties required to be served is grounds for denying a surety’s request for surrender.
Failure to provide service to the parties required to be served will be grounds for denial of the request for surrender.
Page 38 | 5.20.4 Affidavit to release surety
Objections timely filed and served under these rules will be addressed at the pretrial conference.
Any objections that have been timely filed and served in compliance with these rules will be addressed at the pretrial conference.
Page 19 | 3.21.3 Objections to documents and things
The party requesting a hearing must promptly give the opposing party written notice using the court’s form and stating the setting’s date, time, and subject matter.
It is the responsibility of the party requesting a hearing-not the court coordinator-to promptly provide written notice to the opposing party of the scheduled setting, including the date, time, and subject matter, using the courfs Confirmation of Hearing or Setting Request form.
Page 23 | 4.15.5 Required notice of hearing
A motion for entry of an order, decree, or judgment must be accompanied by notice to all opposing counsel.
file a motion for entry of the proposed order, decree or judgmen! secure a hearing on same no sooner than ten (10) days from the date of filing of the motion and provide notice to all opposing counsel.
Page 27 | 4.21.3 Procedure for enhry of order
Sealing & Redaction Procedures
The clerk must hold all other certificates under seal unless the district court orders their release.
c. All other certificates shall be held by the clerk under seal, unless ordered released by the district court.
Page 32 | 5.10.4 Certificate of No-Bill procedures
A party may request that a sworn inventory or composite inventory be sealed.
4.25.4 Sealing of inventory. Any parfy may request that the swom inventory or any composite inventory be sealed.
Page 31 | 4.25.4 Sealing of inventory
Filing Bundling Requirements
Under the no-objection procedure, the proposed order, decree, or judgment must be presented together with a letter requesting signature.
present the court with the proposed order, decree or judgment together with a letter requesting the court to sign same if the court has not received any written objection from opposing counsel within ten (10) days from the date of the letter.
Page 20 | 3.25.3 Procedure for entry of order
Pre-Motion Conference Requirements
Before filing a motion, movant’s counsel must personally attempt to confer with opposing counsel, except for the listed dispositive motions and motions related to service of citation.
Prior to the filing of a motion, movant's counsel must personally attempt to confer with opposing counsel to resolve the disputed matter(s). Rule 3.15.7 does not apply to dispositive motions, including motions for summary judgment, default judgment, voluntary dismissal or nonsui! post-verdict motions, or motions related to service of citation.
Page 15 | Rules 3.15.7 and 3.15.9
A discovery motion may be deemed premature unless counsel makes a good-faith effort to resolve the dispute, complies with the Texas Rules of Civil Procedure or shows good cause, and includes the required proposed order and Certificate of Conference.
A discovery motion may be deemed premature unless the movanfs counsel has: (1) made a good faith attempt to obtain the discovery or requested relief by agreement with opposing counsel; (2) complied with the Texas Rules of Civil Procedure and either was unsuccessful or demonstrates good cause fornot doing so; and (3) included a proposed order and a Certificate of Conference in accordance with Rule 3.L5.7.
Page 16 | Rule 3.17.1 Discovery motions
Before filing a motion, movant’s counsel must personally attempt to resolve the dispute with opposing counsel, and the motion must include a certificate of conference signed by movant’s counsel, subject to stated exceptions.
4.1,8.7 Conference requirement. No party may file a motion without attaching a "certificate of conference" signed by movant's counsel. Prior to the filing of a motion, movanfs counsel must personally attempt to confer with opposing counsel to resolve the disputed matter(s).
Page 25 | RULE 4.18 MOTIONS PRACTICE
Parties are directed to use all reasonable means to resolve pretrial disputes before seeking judicial intervention.
Parties are directed to use all reasonable means to resolve pretrial disputes to avoid the necessity of judicial intervention.
Page 14 | 3.15.1 Resolution
The parties may waive a motion hearing if all counsel of record agree and notice is provided to the court.
4.18.6 Waiver of hearing. Hearings on any motion may be waived with the agreement of all counsel of record, provided that notice is provided to the court.
Page 25 | RULE 4.18 MOTIONS PRACTICE
Parties are directed to use all reasonable means to resolve pretrial disputes without judicial intervention.
4.18.1 Resolution. Parties are directed to use all reasonable means to resolve pretrial disputes to avoid the necessity of judicial intervention.
Page 25 | RULE 4.18 MOTIONS PRACTICE
A discovery motion may be deemed premature unless counsel has made a good-faith effort to obtain discovery or relief by agreement, complied with the Texas Rules of Civil Procedure or shown good cause for not doing so, and included a proposed order and a certificate of conference under Rule 4.18.7.
4.19.1 Discovery motions. A discovery motion may be deemed premature unless the movanfs counsel has: (1) made a good faith attempt to obtain the discovery or relief by agreement with opposing counsel; (2) complied with the Texas Rules of Civil Procedure and either was unsuccessful or demonstrates good cause for not doing so; and (3) included a proposed order and a Certificate of Conference in accordance with Rule 4.18.7.
Page 26 | RULE 4.19 DISCOVERY DISPUTES
Parties may submit matters for a ruling without appearing personally or making an oral presentation.
Parties may submit matters for ruling by the judge without a personal appearance or oral presentation.
Page 13 | 3.12.5 Submission
The court routinely grants unopposed motions without a hearing unless the judge determines that doing so would not serve the interests of justice.
The court will routinely grant unopposed motions without a hearing, unless the judge determines that granting the motion would not serve the interests of justice.
Page 25 | RULE 4.18 MOTIONS PRACTICE
Adjournment & Extension Requirements
For a retained case set for trial after a dismissal-docket motion to retain, no continuance or delay will be considered except under TRCP 165a.
No continuance or delay will be considered, except under TRCP 165a.
Page 18 | Rule 3.19 Dismissal Docket
A not-ready announcement at the pretrial conference must be accompanied by a motion for continuance.
Announcements of "not ready" shall be accompanied by a motion for continuance.
Page 19 | 3.21.4 Attendance mandatory
A motion to continue trial must be filed at least seven days before trial, except when extraordinary circumstances arise within that period.
Any motion to continue the trial must be filed at least seven (7) days before the scheduled trial date, except in cases of extraordinary circumstances arising within that seven-day period.
Page 21 | Rule 3.26.1 Consent or notice required
No continuance or delay will be considered for a retained case’s trial setting except under TRCP 1.65a.
No continuance or delay will be considered, except under TRCP 1.65a.
Page 27 | 4.20.8 Retained cases hial settings
A continuance motion must be filed under the cited TRCP provisions unless all parties’ counsel consent in writing and the court approves the request.
Unless counsel for all parties consent in writing to the request for a continutrnce and the same is approved by the cour! a motion must be filed pursuant to Rule 25'1., et seq. of the TRCP, as amended.
Page 28 | 4.22.2 Contents of motion
The court may rule on a continuance motion without an opportunity for response, party agreement does not guarantee approval, and a trial continuance motion must be filed at least seven days before trial except for extraordinary circumstances arising during that period.
Depending on the circumstances presented in the motion for continuance, the court may rule on the request without providing an opporfunity for response. Agreement by all parties does not mean automatic approval by the court. Any motion to continue the trial must be filed at least seven (7) days before the scheduled trial date, except in cases of extraordinary circumstances arising within that seven-day period.
Page 28 | 4.22.1 Consent or notice required
At docket call, an announcement that counsel is not ready for trial must be accompanied by a motion for continuance.
An announcement of "not ready" must be accompanied by a motion for continuance.
Page 36 | 5.1.6.4 Docket call setting
Counsel may not pass a trial setting by agreement without the judge’s prior approval.
5.21..1 Approval of iudge. No trial setting shall be passed by agreement of counsel without prior approval by the judge.
Page 38 | RULE 5.21 CONTINUANCES
For a motion to continue trial after docket call, only matters arising after the time period specified in Rule 5.21.2 may be grounds for the motion.
5.21.3 Emergency motions. Only matters arising subsequent to the time period specified in Rule 5.21.2wi11be considered as grounds for filing a motion for continuance for trial after docket call.
Page 39 | Rule 5.21.3 Emergency motions
The court will not consider a motion for continuance on the scheduled trial date unless good cause is shown.
5.21.4 Motions on trial date. Except for good cause shown, the court shall not consider any motion for continuance on the scheduled trial date.
Page 39 | Rule 5.21.4 Motions on trial date
A party seeking affirmative relief must announce ready or not ready at the pretrial hearing, and should not announce not ready unless it has filed a motion for continuance.
A party seeking affirmative relief must announce "ready" or "not teady" at the pretrial hearing. A "not ready" announcement should not be made unless a motion for continuance has been filed.
Page 13 | 3.12.6 Pretrial hearing
The court’s approval of a continuance is not automatic even if all parties agree.
Agreement by all parties does not mean automatic approval by the court.
Page 21 | Rule 3.26.1 Consent or notice required
Depending on the circumstances presented in a motion for continuance, the court may rule without providing an opportunity to respond.
Depending on the circumstances presented in the motion for continuance, the court may rule on the request without providing an opporfunity for response.
Page 21 | Rule 3.26.1 Consent or notice required
A continuance motion that fails to meet the stated requirements will be denied without prejudice to refiling.
Any motion that does not meet these requirements will be denied without prejudice to the right to refile.
Page 28 | 4.22.2 Contents of motion
Chambers Communication Rules
Ex-parte communications with the court, including electronic communications, are prohibited unless a party has a constitutional or statutory right to communicate ex parte.
All ex-parte communications with the court by attorneys, self-represented parties and any other persons are prohibited, except in circumstances in which a party has a constitutional or statutory right to communicate with the court in an ex parte manner. This prohibition includeq but is not limited to, electronic communications.
Page 7 | RULE 2.14 EX-PARTE COMMUNICATIONS
Counsel must contact the court coordinator for available hearing dates and be prepared to state the estimated hearing duration.
To schedule a case for hearing, counsel must contact the court coordinator to obtain available dates and be prepared to specify the estimated duration needed for f-he setting.
Page 13 | 3.12.3 Settings other than trial
The judge may, at any time, require all communications to be by first class mail or certified mail.
The judge may, at any time, require all communications to be by first class mail or certified mail.
Page 7 | RULE 2.14 EX-PARTE COMMUNICATIONS
Unsolicited emails to the judge's email address may be deleted without being opened.
Unsolicited emails sent to the judge's email address may be deleted without being opened.
Page 7 | RULE 2.14 EX-PARTE COMMUNICATIONS
Inquiries seeking information from the court must be directed to the court administrator or coordinator.
Any person seeking information from the court regarding any matter shall direct such inquiry to the court administrator or coordinator.
Page 7 | RULE 2.14 EX-PARTE COMMUNICATIONS