Madison County District Court, Texas Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

2 working days

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.

CRITICAL

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.

CRITICAL

Deadline

2 working days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

5 working days

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.

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

5 working days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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;

WARNING

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.