Communication
Phone
Document Format Requirements5 rules
Use PDF for documents, JPG and PNG for images, and MP4 for videos. No DOC formats, zipped or archived files, or executable files will be accepted. A Dropbox may be required for large files. In-person participants must bring their exhibits to the courtroom. Represented parties will submit their exhibits in digital form, as described above or on a USB thumb drive.
Mark exhibits with the county, cause number, unique exhibit number and short description.
Use PDF for documents, JPG and PNG for images, and MP4 for videos. No DOC formats, zipped or archived files, or executable files will be accepted. A Dropbox may be required for large files.
In-person participants must bring their exhibits to the courtroom. Represented parties will submit their exhibits in digital form, as described above or on a USB thumb drive.
Use PDF for documents, JPG and PNG for images, and MP4 for videos. No DOC formats, zipped or archived files, or executable files will be accepted.
Document Filing Requirements35 rules
Mark exhibits with the county, cause number, unique exhibit number and short description.
In-person participants must bring their exhibits to the courtroom.
Represented parties will submit their exhibits in digital form, as described above or on a USB thumb drive.
Mark exhibits with the county, cause number, unique exhibit number and short description.
The Request for Setting must include the case, counsel, jury-fee, pleadings, mediation, discovery, pre-trial, settlement, proposed trial-date, estimated-trial-time, service, and signature information specified in the rule.
Court's wording
The Request for Setting shall contain the following: - a. The style and number of the case and the county where the case is pending; - b. The name, address and telephone number of the attorney making the request and the party represented; - c. The date on which the jury fee was paid; - d. A statement that the pleadings of the party requesting the setting are in order; - e. A statement that mediation has been completed or none is required. - (1) Pending mediation, all discovery is abated unless otherwise ordered by the Court. - f. A statement that all discovery has been completed or none is desired. - (1) If discovery is pending, the date on which discovery is expected to be completed; - g. A statement that all pre-trial matters have been disposed of or none is pending. - (1) If pre-trial matters are pending, the request for setting shall state the nature of same, the party asserting same, the estimated time for hearing same and possible dates for a pre-trial hearing which have been cleared with opposing counsel; - h. A statement that the party requesting the setting has made a good-faith effort to negotiate a settlement of the case and further efforts appear futile; - i. Possible dates for the trial of the case which have been cleared with opposing counsel. - (1) If opposing counsel will not agree to a date for trial, the dates proposed and the reason for opposing counsel's refusal to agree to same; - j. The estimated time of trial; - k. A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service; - l. The signature of the attorney making the Request;
3. At the time the parties announce ready, each party shall submit to the Court proposed jury questions.
If setting a case for jury trial, an Agreed Scheduling Order shall be submitted to the Court. All Parties shall agree on the Scheduling Order and only in the event said agreement cannot be reached shall the parties set a hearing before the Court to enter a Scheduling Order.
- (1) If pre-trial matters are pending, the request for setting shall state the nature of same, the party asserting same, the estimated time for hearing same and possible dates for a pre-trial hearing which have been cleared with opposing counsel; 2. Upon receipt of the Request and Order Setting, the Court will set the case for trial on the merits and deliver a copy of the same to the District Clerk to certify who will then deliver a certified copy to each attorney. If item g. (1) in the Request for Setting is applicable, please send an Order Setting with an agreed hearing date and the Court will set a pre-trial hearing.
Once you have an agreed date, fill that date in on your Order Setting and forward both your Motion and Order, along with a statement that the date is an agreed date, to the Court Coordinator for entry with the Court.
a. A setting will be made only in response to a proper written Request for Setting.
The contents of the Request for Setting shall be the same as a Request for Setting for jury trial except for Item C.
Request a trial setting with a written Request for Setting submitted directly to the Court Coordinator, not filed with the Clerk.
Court's wording
A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Coordinator at the Mason County Office. The party requesting a setting should not file the Request for Setting with the Clerk.
Counsel must attach the Appendix 1 Standing Order to the original citation in every divorce suit and suit affecting the parent-child relationship.
Court's wording
The "Standing Order Regarding Property and Conduct of Parties in Divorce and Suits Affecting the Parent-Child Relationship" attached hereto as Appendix 1, is to be attached by counsel to the original citation in all suits of divorce and suits affecting the parent-child relationship.
Send an Order Resetting with a cover letter advising the Coordinator of the agreed upon date.
When presenting an ex parte application, counsel must provide a written certification stating either that the opposing party is unrepresented or that the specified notice conditions apply.
Court's wording
Counsel presenting any application for an ex parte Order shall, at the time the application is presented to the Court, certify in writing that: - 1. To the best of counsel's knowledge, the party against who the relief is sought is not represented by counsel; or - 2. If the party against whom the relief is sought is represented by counsel, that (a) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (b) counsel presenting the application has diligently attempted to notify opposing counsel, has been unable to do so, and the circumstances do not permit additional efforts to give such notice.
An application for a TRO or Protective Order without notice must be accompanied by a verified complaint or affidavit stating specific facts and intelligible grounds, not mere conclusions; testimony is not heard except for an 83.06 Family Code Motion.
Court's wording
An application for a Temporary Restraining Order and/or Protective Order, to be granted without notice to the adverse party, will be considered only upon the application's verified complaint or affidavit accompanying the application, and, except for an 83.06 Family Code Motion, no testimony will be heard. No Temporary Restraining Order or Protective Order will be granted without notice to the adverse party unless the applicant's verified complaint or affidavit accompanying the application contains "specific facts," as required by Rule 680, T.R.C.P., and "a plain and intelligible statement of the grounds for such relief," as required by Rule 682, T.R.C.P. No such Temporary Restraining Order shall be granted upon a complaint or affidavit containing mere conclusions, even if verified.
Ex Parte Orders in family law matters must meet the requirements of Sec. 11.11 & 71.15 of the Family Code.
Court-appointed attorneys must provide an itemized statement of the hours spent representing the indigent defendant in and out of court.
Court's wording
All court-appointed attorneys shall provide the Court an itemized statement reflecting the number of hours spent in Court in representation of an indigent defendant and the number of hours spent out of the Court representing said defendant.
Counsel must reduce judgments, decrees, and orders to writing, forward them to opposing counsel for approval as to form, and deliver them to the Court for signing.
Court's wording
Within sixty (60) days after rendition, announcement of the Court's ruling or announcements of settlement by counsel, counsel shall cause all judgments, decrees or orders of any kind to be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered to the Court for signing.
In all contested cases involving the division of property where value of assets in dispute exceeds $250,000, the attorneys shall prepare a complete written inventory of the assets and liabilities of the marital estate and of the separate estate of their respective client and submit same to the Court prior to trial.
The attorneys in all contested hearings concerning support shall prepare complete written income and expense statements as to their respective clients and present same to the Court prior to the hearing.
Submit an Order Setting to the Court with a Request for Setting when obtaining a trial date or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.
A judgment, order, or decree disposing of the case must be furnished to the Court.
Court's wording
Upon failing to furnish the Court with a judgment, order or decree disposing of the case within the sixty (60) day period, the Court shall place the case on the next regularly scheduled dismissal docket, whereupon the case may be dismissed and costs be taxed at the Court's discretion.
ALWAYS ADVISE THE COURT IN YOUR REQUEST OR COVER LETTER THAT YOU HAVE CONTACTED THE OPPOSING COUNSEL AND THAT THEY ARE AVAILABLE FOR HEARING ON THE DATE YOU HAVE REQUESTED.
If the Petitioner has not attached the Order, the Clerk must ensure it is attached to the petition and every copy presented when the petition is filed.
Court's wording
At the time the petition is filed, if the Petitioner has failed to attach a copy of this Order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this Order is attached to the petition and every copy of the petition presented.
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
Exhibits and required documents should be emailed to the Court Coordinator prior to hearing at rebecca.moneyhon@txcourts.gov.
- m. An Order Setting with an agreed date should be attached to the Request.
Please do not put "...a copy has been sent to all opposing counsel."
At the end of all MOTIONS, please include the opposing counsel's name, address, phone number and fax number under the Certificate of Service.
- Document
- Motion
Include
- •Certificate of service
At the bottom of all ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney's fax numbers. If they are pro se litigants, please give their addresses.
Parties should not file Motions which duplicate the Standing Order.
An Order Paying Court-Appointed Attorney should be attached to the itemized statement.
Rebuttal exhibits may be submitted to the Court Coordinator or through Zoom Chat.
When requesting a setting for uncontested/agreed divorces, defaults, name changes or adoptions, you do not need to send an Order Setting.
Filing & Service rules
Filing Timing and Cure Windows
Provided dates are not confirmed until the Court receives and signs the Order Setting.
THE DATES PROVIDED ARE NOT CONFIRMED UNTIL THE ORDER SETTING IS RECEIVED AND SIGNED BY THE COURT.
Page 2 | A. REQUEST FOR SETTING-JURY CASES: Jury Trial
Uncontested family law matters are subject to dismissal for want of prosecution after 90 days if no affirmative action is taken.
Uncontested family law matters will be subject to DISWOP after 90 days if no affirmation action is taken.
Page 3 | C. DISMISSAL DOCKET: INVOLUNTARY DISMISSAL
Contested family law matters are subject to dismissal for want of prosecution after 180 days.
Contested family law matters will be subject to DISWOP after 180 days.
Page 3 | C. DISMISSAL DOCKET: INVOLUNTARY DISMISSAL
In non-family civil matters, the Court will proceed to dismiss for want of prosecution if a party seeking affirmative relief takes no action directed toward trial on the merits within nine months.
If no action is taken by a party seeking affirmative relief in non-family civil matters within nine (9) months directed toward a trial on the merits, the Court will proceed to dismiss the case for want of prosecution in accordance with Rule 165a, R.C.P.
Page 3 | C. DISMISSAL DOCKET: INVOLUNTARY DISMISSAL
Within 60 days after the Court’s ruling or counsel’s announcement of settlement, counsel must prepare written judgments, decrees, or orders, send them to opposing counsel for approval as to form, and deliver them to the Court for signing.
Within sixty (60) days after rendition, announcement of the Court's ruling or announcements of settlement by counsel, counsel shall cause all judgments, decrees or orders of any kind to be reduced to writing, forwarded to opposing counsel for approval as to form, and delivered to the Court for signing.
Page 6 | ORDERS AND DECREES — 1. Reduction to Writing within Sixty (60) Days
A judgment, order, or decree disposing of the case must be furnished within 60 days; otherwise, the case goes on the next dismissal docket and may be dismissed with costs taxed at the Court's discretion.
Upon failing to furnish the Court with a judgment, order or decree disposing of the case within the sixty (60) day period, the Court shall place the case on the next regularly scheduled dismissal docket, whereupon the case may be dismissed and costs be taxed at the Court's discretion.
Page 7 | 2. Dismissal if Written Order Not Furnished
The Order takes effect when the original petition is filed, remains a Temporary Restraining Order for 14 days, continues as a Temporary Injunction if no party contests it by presenting evidence at a hearing within that period, and terminates when the Court signs a final Order.
This Order is effective upon the filing of the original petition and shall remain in full force and effect as a Temporary Restraining Order for fourteen (14) days after the date of the filing of the original petition. If no party contests this Order by presenting evidence at a hearing on or before fourteen (14) days after the date of the filing of the original petition, this Order shall continue in full force and effect as a Temporary Injunction until further Order of the Court. This entire Order will terminate and will no longer be effective once the Court signs a final Order.
Civil cases
Page 3 | 7. SERVICE AND APPLICATION OF THIS ORDER.
Pre-Motion Conference Requirements
After obtaining available dates, contact opposing counsel to obtain a date agreeable to all parties.
After you have available dates, please contact opposing counsel to obtain a date that is agreeable to all parties.
Page 2 | A. REQUEST FOR SETTING-JURY CASES: Jury Trial
Adjournment & Extension Requirements
All continuances must comply with Articles 29.01 through 29.13 of the C.C.P. and Article 30.003 of the Texas Civil Practice and Remedies Code.
All continuances shall be in accordance with Arts. 29.01 through 29.13, C.C.P. and Art. Tx. Civil Prac. & Rem. Code 30.003
Page 4 | CRIMINAL CASES — A. CONTINUANCES/RESETTING/POSTPONEMENT
A non-agreed continuance filed less than seven days before a hearing is presumptively denied, and the filing party should not rely on it without a signed order.
Non-agreed continuances filed less than seven (7) days prior to hearing are presumptively DENIED and the filing party should not rely on the Continuance Motion without a signed Order.
Page 4 | CRIMINAL CASES — A. CONTINUANCES/RESETTING/POSTPONEMENT
For a continuance agreed to by all parties, notify the Court Coordinator, who will consult with the Judge before removing the matter from the docket.
If you have a continuance that is agreed to by all parties, please contact the Court Coordinator and advise her of this and she will consult with the Judge prior to removing the matter from the docket.
Page 4 | CRIMINAL CASES — A. CONTINUANCES/RESETTING/POSTPONEMENT
Continuances are not automatic, including first continuances, and must comply with the cited statutes.
There will be no summary or automatic "first continuances." All continuances shall be in accordance with Arts. 29.01 through 29.13, C.C.P. and Art 30.003, Texas Civil Prac. & Remedies Code.
Page 5 | B. SETTINGS/SCHEDULING — 2. Continuances
Party agreement does not automatically grant a continuance, and filing a Motion for Continuance alone does not ensure it will be granted.
Continuances are not automatic upon agreement by the parties. Mere filing of a Motion for Continuance does not mean the continuance will be granted.
Page 4 | CRIMINAL CASES — A. CONTINUANCES/RESETTING/POSTPONEMENT
Chambers Communication Rules
The Court Coordinator must be informed as soon as possible if a participant needs an interpreter.
Inform the Court Coordinator as soon as possible if any participant requires an interpreter. Failure to do so may cause delay and waive any right to object.
Page 2 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
When setting a civil case for pre-trial, jury trial, non-jury or post trial hearing, please call the Court Coordinator, prior to sending your Motion and Order Setting, to obtain available hearing dates.
When setting a civil case for pre-trial, jury trial, non-jury or post trial hearing, please call the Court Coordinator, prior to sending your Motion and Order Setting, to obtain available hearing dates.
Page 2 | A. REQUEST FOR SETTING-JURY CASES: Jury Trial
Submit a written Request for Setting directly to the Court Coordinator at the Mason County Office, not to the Clerk.
A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Coordinator at the Mason County Office. The party requesting a setting should not file the Request for Setting with the Clerk.
Page 2 | A. REQUEST FOR SETTING-JURY CASES: Jury Trial
To obtain a resetting date, first ask the Court Coordinator for available dates, then coordinate with opposing counsel to find a date available and agreeable to all counsel.
To obtain a resetting date, please contact the Court Coordinator for available dates, and then contact opposing counsel to obtain a date that is available and agreeable to all counsel.
Page 4 | CRIMINAL CASES — A. CONTINUANCES/RESETTING/POSTPONEMENT
An attorney who learns of conflicting trial settings must immediately notify the courts concerned.
Whenever an attorney has two or more cases on trial dockets for trial at the same time, it shall be the duty of the attorney to bring the matter to the attention of the Courts concerned immediately upon learning of the conflicting settings.
Page 5 | B. SETTINGS/SCHEDULING — 3.a. Duty of Counsel to notify Court
Attorneys practicing in the 452nd Judicial District Courts must maintain an operative fax machine and/or email account 24/7 and provide it to the Court, the Clerks of Court, and opposing counsel.
Any attorney practicing in the 452nd Judicial District Courts shall have access to a fax machine and/or e-mail account that will be operative 24 hours a day, seven days a week which shall be provided to the Court, the Clerks of Court, and all opposing counsel.
Page 7 | GENERAL RULES, 6
Communications between the Courts and attorneys by fax or email are deemed received, but this rule does not apply to filing documents with the District Clerks.
All communications between the Courts and attorneys via fax or e-mail shall be deemed received. This does not include filing documents with the District Clerks.
Page 7 | GENERAL RULES, 6
Participants who have a technology issue or need help joining must contact the Court Coordinator by phone or email.
Any person who is unable to participate in this manner due to a technological issue or needing assistance joining the proceeding is ordered to contact the Court Coordinator at (325) 347-0755 or rebecca.moneyhon@txcourts.gov.
Page 1 | NOTICE OF HEARING
Exhibits and required documents should be emailed to the Court Coordinator before the hearing.
Exhibits and required documents should be emailed to the Court Coordinator prior to hearing at rebecca.moneyhon@txcourts.gov.
Page 2 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Notify the Court Coordinator as soon as possible of an interpreter need; delay may cause waiver of an objection, and Zoom interpretation may be used.
Inform the Court Coordinator as soon as possible if any participant requires an interpreter. Failure to do so may cause delay and waive any right to object. Zoom interpretation feature may be used.
Page 1 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Exhibits and required documents should be emailed to the court coordinator at the listed address before the hearing.
Exhibits and required documents should be emailed to the court coordinator prior to hearing at rebecca.moneyhon@txcourts.gov.
Page 1 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Any person who is unable to participate in this manner due to a technological issue or needing assistance joining the proceeding is ordered to contact the Court Coordinator at (325) 347-0755 or rebecca.moneyhon@txcourts.gov.
Any person who is unable to participate in this manner due to a technological issue or needing assistance joining the proceeding is ordered to contact the Court Coordinator at (325) 347-0755 or rebecca.moneyhon@txcourts.gov.
Page 1 | ORDER SETTING HEARING
Participants must inform the Court Coordinator as soon as possible if an interpreter is required.
Inform the Court Coordinator as soon as possible if any participant requires an interpreter.
Page 2 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
For uncontested or agreed divorces, defaults, name changes, and adoptions, an Order Setting need not be sent and the setting may be arranged by phone with the Court Coordinator.
When requesting a setting for uncontested/agreed divorces, defaults, name changes or adoptions, you do not need to send an Order Setting. These matters can be set over the phone by contacting the Court Coordinator.
Page 3 | D. UNCONTESTED AND DEFAULT MATTERS
When setting or resetting a case, advise the Court of the estimated hearing time and whether the case has been mediated.
When setting or resetting a case for trial, pre-trial, etc., please advise the Court the estimated time you will need for the hearing and whether or not the case has been mediated.
Page 7 | GENERAL RULES, 2
When setting or resetting a case, contact the Court Coordinator for available dates, then contact all other counsel and obtain a date everyone can attend.
When setting or resetting a case for trial, pre-trial, etc., please contact the Court Coordinator for available dates. Then contact all other counsel and obtain a date that everyone is available.
Page 7 | GENERAL RULES
If a hearing must be canceled, contact the Court Coordinator as soon as possible.
If for any reason you have to cancel a hearing, please contact the Court Coordinator as soon as possible.
Page 7 | GENERAL RULES, 4
If counsel cannot obtain a date agreeable to everyone, contact the Court Coordinator for guidance on proceeding with a hearing date.
If you cannot obtain a date that is agreeable to all counsel, please contact the Court Coordinator and she will advise you on how to proceed regarding a hearing date.
Page 7 | GENERAL RULES, 1.b
Participants may contact the Court Coordinator by phone for assistance.
Contact the Court Coordinator at (325) 347-0755 for assistance.
Page 2 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Rebuttal exhibits may be submitted to the Court Coordinator or through Zoom Chat.
Rebuttal exhibits may be submitted to the Court Coordinator or through Zoom Chat.
Page 2 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Rebuttal exhibits may be submitted to the court coordinator or through Zoom Chat.
Rebuttal exhibits may be submitted to the court coordinator or through Zoom Chat.
Page 1 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Participants may call the court coordinator at the listed number for assistance.
Contact the court coordinator at (325) 347-0755 for assistance.
Page 1 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
A court reporter may be contacted to obtain a transcript; the reporter makes the official record.
Any official records are made by the court reporter who may be contacted for a transcript.
Page 1 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Participants may contact the Court Coordinator by phone for assistance.
Contact the Court Coordinator at (325) 347-0755 for assistance.
Page 2 | 452nd JUDICIAL DISTRICT PROTOCOLS FOR COURT APPEARANCE
Official transcripts may be requested by contacting the court reporter by email.
Official transcripts of court proceedings may be obtained by contacting the official court reporter at tina.young@txcourts.gov
Page 2 | STANDING ORDER REGARDING PUBLIC ACCESS TO ELECTRONIC PROCEEDINGS