Court Rules
About Judge Denise M. Fortenberry

Judge Denise M. Fortenberry earned a bachelor of science degree in Political Science from University of Houston and her juris doctorate from Pepperdine University School of law. In 2007, she began her practice as a general practice attorney in Bay City, Texas. In 2012, she was elected the Matagorda County Attorney and served in that position through 2020. She won election to this bench in the November 2020 general election and took office January 1, 2021.

- Address: Matagorda County Courthouse, 1700 7th Street, Room 317, Bay City, TX 77414 - Phone: (979) 244-7635 - Fax: (979) 245-6478 - Court coordinator: Becky Corenfield, 130thDistrictCourt@co.matagorda.tx.us. Hearings are requested by email to the coordinator. - Indigent defense coordinator: Lesley Scardami, IDCoordinator@co.matagorda.tx.us - Official court reporter: Kaye Rollins

Common questions about Judge Denise M. Fortenberry's rules

Are courtesy copies required for Judge Denise M. Fortenberry?

Courtesy-copy rule applies for exhibit lists, witness lists, and vocabulary lists. Details: delivery at pretrial conference. Deliver the exhibit list and witness list, and any filed vocabulary list, to the Court Reporter and Clerk at the Pretrial Conference; a vocabulary list is required in medical malpractice cases and in CPS cases if medical terminology will be used.

View ruleSource: page 8, section 4.3 Courtesy Copies for Court Reporter and Clerk

Does Judge Denise M. Fortenberry require a pre-motion conference or letter before filing a motion?

Judge Denise M. Fortenberry's rules set a pre-motion procedure for covered motions. Attorneys and pro se litigants must participate in an informal conference before all Adversary and Show Cause Hearings.

View ruleSource: page 8, section 6.2 Pre-Adversary Informal Conference Required

What page or word limits apply to discovery dispute letter before Judge Denise M. Fortenberry?

Judge Denise M. Fortenberry's rule states these limits: 3 pages. A party seeking court intervention must file a discovery-dispute letter of no more than three pages in 12-point font stating the nature of the dispute, prior discussion details, and participants.

View ruleSource: page 3, section 2. Discovery Dispute Hearings

What page or word limits apply to discovery response before Judge Denise M. Fortenberry?

Judge Denise M. Fortenberry's rule states these limits: 3 pages. A responding or non-movant party may submit a three-page, 12-point email response and must update the discovery spreadsheet under the “Non-Movant” section with the requested information.

View ruleSource: page 3, section 2. Discovery Dispute Hearings

What formatting rules apply to filings before Judge Denise M. Fortenberry?

Judge Denise M. Fortenberry's formatting rule includes file format PDF. Exhibit documents must be submitted in PDF format.

View ruleSource: page 4, section Format of Exhibits

What must be included with petition filings before Judge Denise M. Fortenberry?

The rule identifies required filing content or certificates. The petitioner must attach a copy of the standing order to the original petition and every copy of the petition.

View ruleSource: page 6, section VIII. SERVICE AND APPLICATION OF THIS ORDER

What must be included with pre hearing conference certificate filings before Judge Denise M. Fortenberry?

The rule requires certificate of conference. A certificate of pre-hearing conference is required before obtaining a temporary orders hearing setting.

View ruleSource: page 6, section X. PARTIES ARE ENCOURAGED TO MEDIATE

How may parties contact Judge Denise M. Fortenberry's chambers?

The rule addresses email communications with Judge Denise M. Fortenberry's chambers. The movant must email the discovery template in XLS form, with information about each disputed discovery item.

View ruleSource: page 3, section 2.1 Procedures

How does Judge Denise M. Fortenberry handle sealed or redacted filings?

Judge Denise M. Fortenberry's rules set procedures for sealed or redacted filings. The court must submit the expense request and its denial as a sealed exhibit in the record.

View ruleSource: page 10, section Procedure With Prior Court Approval

Are filing fees or waivers addressed before Judge Denise M. Fortenberry?

A fee is required for covered filings. All bail sureties must pay the Sheriff's Department for necessary and reasonable re-arrest expenses incurred after a forfeiture or an affidavit to surrender the principal.

View ruleSource: page 3, section Standing Order - Bail Bonds

Is electronic filing required before Judge Denise M. Fortenberry?

Yes. Electronic filing is required for the covered filings. E-file a completed notice of hearing and separately email the file-stamped copy to the Court Coordinator.

View ruleSource: page 1, section 1.2 Setting Hearings

What filing deadlines apply to drug test filings before Judge Denise M. Fortenberry?

DFPS must file all drug tests with the court within five business days after receipt.

View ruleSource: page 1, section 1. Lab Test Results

What rule applies to service for surrender request before Judge Denise M. Fortenberry?

Proof of service is required for the covered service rule. The Court will not decide a surrender request without a compliant certificate of service.

View ruleSource: page 2, section E. Surrender and Forfeiture — Notice Required
Complete rules summary for Judge Denise M. Fortenberry

The petitioner must attach a copy of the standing order to the original petition and every copy of the petition.

A certificate of pre-hearing conference is required before obtaining a temporary orders hearing setting.

DFPS must file all drug tests with the court within five business days after receipt.

Every drug-test filing must have a notice of confidentiality affixed.

The court must advise a defendant who wishes to waive counsel about the charges and, for trial, the risks of self-representation; if it finds the waiver voluntary and intelligent, it must provide a statement for the defendant to sign and file in the record.

An amended application must be filed with the Matagorda County District Clerk within 21 days after any change to the application information.

The application must include an attorney sworn or affirmed statement that the supplied information is true and accurate.

The public appointment list application must be accompanied by the criminal jury trial and appeals list described in the form.

A current resume must be attached to the public appointment list application.

A copy of the attorney's most recent State Bar annual report must be attached to the application.

The application and required attachments should be returned as soon as possible to the Court Coordinator for the 130th Judicial District Court.

The affidavit of indigency must have all blanks completed with information or N/A and must be signed.

The affidavit must include a sworn statement that the financial information is complete, true, and correct, that the defendant cannot afford an attorney, and that the defendant requests appointed counsel.

The motion’s certificate of conference must document a substantive discussion of every item presented to the court and, despite best efforts, the inability to resolve all matters.

Attorneys on the appointment list must annually submit either a certificate attesting to required juvenile-law CLE or documentation of specialist certification in juvenile law.

Attorneys must submit an annual statement by October 15 describing the percentage of their practice time devoted to appointed adult criminal and juvenile delinquency cases during the preceding October 1–September 30 period.

Appointed counsel must submit a fee voucher to the court for services rendered.

Appointed counsel may request advance payment for investigative or expert expenses through a confidential pretrial ex parte filing that identifies the investigation or expert, supporting facts, and anticipated itemized expenses.

The court must submit the expense request and its denial as a sealed exhibit in the record.

The mother or guardian must check the applicable box concerning whether to request appointed counsel or retain an attorney.

Only one of the two alternative execution sections on the mother or guardian oath may be completed.

If the administered-oath section is used, only a clerk or notary may complete it, and it must include the oath and the clerk or notary's signature and date.

If the unsworn-declaration section is used, only the defendant may complete it and must provide identifying information, an address, the perjury declaration, and the execution information.

The mother or guardian must indicate whether the juvenile respondent currently meets eligibility requirements and provide a date.

If the administered-oath section is used, only a clerk or notary may complete it, and it must include the oath and the clerk or notary's signature and date.

If the unsworn-declaration section is used, only the defendant may complete it and must provide identifying information, an address, the perjury declaration, and the execution information.

The father or guardian must indicate whether the juvenile respondent currently meets eligibility requirements and provide a date.

The judge's office may be contacted by phone at (979) 244-7635.

The judge's office may be contacted by fax at (979) 245-6478.

The judge's office may be contacted by email at 130thDistrictCourt@co.matagorda.tx.us.

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