McLennan County Courts at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Defense counsel may request a status-docket reset by telephone, email, facsimile, or in person by 4:00 p.m. on the preceding business day.
- Advance requests to reset a probation hearing must be made in person by 4:00 p.m. the preceding day and approved by the Judge; same-day requests may be presented only when the docket begins, and the defendant must be present.
Communication
Document Format Requirements18 rules
All attorneys are required to use the Court-approved forms in all cases , without modification , and must regularly review the current forms , located on the County Courts at Law website, to assure the current forms are being prepared .
- Court forms
Formatting
- •Use Court-approved forms without modification
All plea papers must be in the form approved by the Courts. All forms provided by the Courts may not be altered or re-formatted in any way, including font style or size , spacing , etc.
- Plea papers
- Court forms
Formatting
- •Use forms approved by the Courts
A proposed order must be a separate instrument unless the entire motion, order, signature lines, and certificate of service fit on one page.
Court's wording
Motions shall be in writing and shall be accompanied by a proposed order granting the relief sought. The proposed order shall be a separate instrument, unless the entire motion , order, signature lines and certificate of service are all on one page.
All parties will submit, in printed form and in digital form (Microsoft Word format) a complete proposed charge to the jury.
All plea papers must be in the form approved by rule or by the Courts. All forms provided by the Courts may not be altered or re-formatted in any way, including font style or size, spacing , etc.
Plea papers will be produced and organized as directed by the Courts.
Parties must submit requested jury instructions in printed and Microsoft Word digital form, with space for the Court to note approval or rejection.
Court's wording
c. All parties will submit, in printed form and in digital form (Microsoft Word format) any requested instruction(s) to be included in the charge to the jury, with provision for the Court to note its approval or rejection of the requested instruction.
Parties must pre-mark exhibits to the extent reasonably possible and prepare an exhibit list with each exhibit’s number or letter, description, and space for the court reporter to note admission or refusal.
Court's wording
a. All parties will pre-mark exhibits to the extent reasonably possible, and prepare an exhibit list containing 1. the number/letter of the exhibit; 2. a description of the exhibit; and , 3. a space for the initial of the Court reporter's notation of the admission of, or refusal to admit the exhibit.
All parties will submit, in printed form and in digital form (Microsoft Word format) a complete proposed charge to the jury.
- File type
- Word
All exhibits must be properly identified (e.g. exhibit numbers, Bates numbering)
- Exhibits
Formatting
- •Exhibits must be properly identified, e.g. with exhibit numbers or Bates numbering
The Court requires that those who have evidence they wish to share with the court be familiar with using the share screen feature via Zoom.
Ensure you close any private matters before sharing the screen.
All attorneys are requested to use the Court-approved forms in all cases, without modification, and must regularly review the current forms , located on the County Courts at Law website, to assure the current forms are being prepared .
Plea papers will be organized as directed by the Courts.
Responses shall be in writing
- Response
Formatting
- •Responses shall be in writing
Motions shall be in writing and shall be accompanied by a proposed order granting the relief sought.
- Motion
Formatting
- •Motions shall be in writing
Exhibits for trial are expected to be shared using the screen share function.
Documents may be shared with Zoom participants through Chat or by screen share.
Court's wording
Documents can be shared in two ways: a) With participants via the "Chat" tab in Zoom. Use the "To:" drop-down selection to choose to whom to send your document and click the _"File" button to upload your document. b) Screen Share
Document Filing Requirements45 rules
All attorneys scheduling cases for a plea will report to the Court Administrator upon arrival , and shall promptly complete, have executed and deliver to the Court staff all plea documents as required by the Courts.
All reset forms presented at disposition will be signed by the State's attorney, defense counsel and the defendant.
d. timely file and serve all pre-trial motions, accompanied by a written proposed order with each motion .
- Document
- Pretrial motion
Include
- •Proposed order
If the parties cannot agree to a scheduling order, the Plaintiff shall promptly file a motion for the Court to enter a scheduling order, with a certificate of conference.
- Document
- Motion for scheduling order
Must include
- •Certificate of conference
Within 30 days following the answer and/or appearance of all parties, the parties must conference and submit an agreed proposed scheduling order or trial date to the Court Administrator.
All initial pleadings must conform with the Texas Rules of Civil Procedure, and must include any cover sheet or other tracking documents required by the McLennan County Clerk.
All parties will submit, in printed form and in digital form (Microsoft Word format) a complete proposed charge to the jury.
Motions shall be in writing and shall be accompanied by a proposed order granting the relief sought.
- Document
- Motion
Must include
- •Proposed order
Counsel should include a signed certificate of conference with all motions whenever practicable; absent court-granted leave, a motion without one will not be accepted for filing or scheduled for hearing.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
Whenever practicable, counsel shall include with all filed motions a "Certificate of Conference" signed by counsel for movant and containing confirmation that 3.b. below has been satisfied. Except on leave granted by the Court, the Clerk shall not accept for filing and the Court Administrator shall not schedule for hearing any motion not containing a certificate of conference.
Counsel seeking affirmative relief shall be prepared to tender a proposed order to the Court at the commencement of any hearing on any contested matter.
All parties will pre-mark exhibits to the extent reasonably possible , and prepare an exhibit list containing a. the number/letter of the exhibit; b. a description of the exhibit; and, c. a space for the initial of the Court reporter's notation of the admission of or refusal to admit the exhibit.
Agreed motions submitted in writing with a proposed order and reflecting the agreement of all parties by personal or legally authorized signatures either (a) on the form of order, or (b) in the certificate of conference will be considered without a hearing .
- Document
- Agreed motion
Include
- •Proposed order
A trial-setting request must be in writing and include the case number and style, purpose and requested date, submitting party and counsel, and a certificate of conference showing a reasonable attempt to agree on the setting.
- Document
- Trial setting request
Include
- •Certificate of conference
Court's wording
Any party may schedule the trial of a cause, subject to any scheduling order, by submitting a written request to the Court Administrator, with a copy to all other parties , setting out the following : a. The cause number and style of the case ; b. The purpose of and the requested date for the hearing or trial ; c. The identity of the party and counsel submitting the request; and d. A certificate of conference demonstrating a reasonable attempt to reach an agreement on such setting.
A witness list, including addresses and telephone numbers, will be submitted to the court reporter no later than the time the case is called for trial.
- Document
- Witness list
Include
- •Including addresses and telephone numbers
Retained attorneys must promptly file an appearance in writing with the Court Administrator.
a. By submitting a Motion to Withdraw as Counsel conforming to Rule 10, Texas Rules of Civil Procedure;
shall promptly complete, have executed and deliver to the Court staff all plea documents as required by the Courts.
a. The official Court form entitled "Discovery Form" must be completed and signed by the Defense and the State and submitted to the Court at the beginning of or prior to the Pre-trial Docket;
b. timely file and serve all pre-trial motions, accompanied by a written proposed order with each motion.
- Document
- Pretrial motion
Include
- •Proposed order
d. Attorneys will present a proposed order granting pre-trial motions, or portions thereof.
- Document
- Pretrial motion
Include
- •Proposed order
b. The Defendant must specify any item(s) not yet disclosed or reviewed as contemplated by 39.14, TCCrP, at that time.
The exhibit list must identify each exhibit by number or letter, describe it, and provide space for the court reporter to note whether it was admitted or refused.
Court's wording
a. All parties will pre-mark exhibits to the extent reasonably possible, and prepare an exhibit list containing 1. the number/letter of the exhibit; 2. a description of the exhibit; and , 3. a space for the initial of the Court reporter's notation of the admission of, or refusal to admit the exhibit.
Requested jury instructions must provide for the Court to note approval or rejection.
Court's wording
c. All parties will submit, in printed form and in digital form (Microsoft Word format) any requested instruction(s) to be included in the charge to the jury, with provision for the Court to note its approval or rejection of the requested instruction.
b. The exhibit list will be submitted to the court reporter at the beginning of trial.
d. All parties will prepare and submit a witness list, including addresses and telephone numbers, to the court reporter at the time the party calls its first witness.
Motions shall be in writing and shall be accompanied by a proposed order granting the relief sought. The proposed order shall be a separate instrument, unless the entire motion, order, signature lines and certificate of service are all on one page.
- Document
- Motion
Must include
- •Proposed order
All initial pleadings must conform with the Texas Rules of Civil Procedure and must include any cover sheet or other tracking documents required by the McLennan County Clerk.
If the parties cannot agree to a scheduling order, the Plaintiff shall promptly file a motion for the Court to enter a scheduling order, with a certificate of conference.
- Document
- Motion
Must include
- •Certificate of conference
Within 30 days following the answer and/or appearance of all parties, the parties must conference and submit an agreed proposed scheduling order or trial date to the Court Administrator. In the event a scheduling order is unnecessary or not required under the Texas Rules of Civil Procedure or any applicable statute, this section shall not apply.
Agreed motions submitted in writing with a proposed order and reflecting the agreement of all parties by personal or legally authorized signatures either (a) on the form of order, or (b) in the certificate of conference will be considered without a hearing.
- Document
- Agreed motion
Include
- •Proposed order
Whenever practicable, motions should include a signed Certificate of Conference confirming the required conference; absent court leave, a motion without one will not be accepted for filing or scheduled for hearing.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
Whenever practicable, counsel shall include with all filed motions a "Certificate of Conference" signed by counsel for movant and containing confirmation that 3.b. below has been satisfied. Except on leave granted by the Court, the Clerk shall not accept for filing and the Court Administrator shall not schedule for hearing any motion not containing a certificate of conference.
Counsel seeking affirmative relief shall be prepared to tender a proposed order to the Court at the commencement of any hearing on any contested matter.
All parties will pre-mark exhibits to the extent reasonably possible, and prepare an exhibit list containing a. the number/letter of the exhibit; b. a description of the exhibit; and, c. a space for the initial of the Court reporter's notation of the admission of or refusal to admit the exhibit.
All parties are required to make announcements at the Pre-Trial hearing concerning their readiness for trial.
If written deposition excerpts will be offered at trial, the party must designate each page and line in sequence to be used at trial.
A witness list, including addresses and telephone numbers, will be submitted to the court reporter no later than the time the case is called for trial.
Any party may schedule the trial of a cause, subject to any scheduling order, by submitting a written request to the Court Administrator, with a copy to all other parties, setting out the following : a. The cause number and style of the case; b. The purpose of and the requested date for the hearing or trial; c. The identity of the party and counsel submitting the request; and d. A certificate of conference demonstrating a reasonable attempt to reach an agreement on such setting.
- Document
- Trial setting request
Include
- •Certificate of conference
Advance approval of any interpreter in this manner is conditioned upon his/her execution of a written oath as interpreter, which shall be filed with the official Local Court Rules.
To request an oral hearing instead of the Submission Docket, parties must file a Motion Requesting Oral Hearing and Proposed Order.
- Document
- Motion requesting oral hearing
Include
- •Proposed order
Court's wording
Civil motions will be set automatically on the Court's Submission Docket. Parties may request to be removed from the Submission Docket and set for an oral hearing by filing a Motion Requesting Oral Hearing and Proposed Order.
At the Disposition docket, the State and Defense must announce the case’s resolution status, discovery status, negotiation status, and whether a trial setting or further resolution efforts are needed.
Court's wording
The State and Defense will be required to make the following announcements: a. The case has been or has not been resolved ; b. Discovery has been completed , or additional discovery time is required ; c. Negotiations have been conducted , and are ongoing or have resulted in no agreement; d. A trial setting is necessary, or additional efforts at resolution are pending .
Specific requested instructions should be included in the body of the proposed charge and in a separate request containing a provision for the Court to note its approval or rejection of the requested instruction .
c. Defendant has executed a written waiver of both statutory and constitutional rights to a speedy trial, in a form satisfactory to the Court, in which case the defendant will be rescheduled for a Jail Status review approximately eight (8) to twelve (12) weeks away;
Specific requested instructions should be included in the body of the proposed charge and in a separate request containing a provision for the Court to note its approval or rejection of the requested instruction.
If no party announces "ready," the case will be passed automatically and removed from the Trial Docket until it is scheduled again for trial; however, the Court may, in its discretion, exercise its authority to dismiss the case for want of prosecution.
If the County Courts at Law approve an interpreter in advance, the approval must be by court order signed and filed in the Local Rules.
Court's wording
The County Courts at Law may approve in advance an interpreter or interpreters to translate from English into other languages during Court proceedings, by Court order signed and filed in the Local Rules of the County Courts at Law of McLennan County.
Filing & Service rules
Electronic Filing Rules
Notice of interpreter arrangements should be given to the other parties and the Court by e-filing, or by email if the party lacks e-filing access.
Notice of the same should be given to the other parties and the Court via e-filing, or email if the party does not have access toe-filing.
Page 3 | 5. Interpreters:
Filing Timing and Cure Windows
Plea documents may be submitted no earlier than the first business day of the week and must be submitted by 10:30 a.m. on status-docket day or by the case’s scheduled time and date.
Plea documents must be completed and submitted to the Court administrator no earlier than the first business day of the week and no later than 1) 10:30 a.m. on the day of the status docket, or 2) the scheduled time and date for the case.
Page 3 | G. Status Docket
Within 30 days after all parties have answered and/or appeared, the parties must confer and submit an agreed proposed scheduling order or trial date to the Court Administrator.
Within 30 days following the answer and/or appearance of all parties, the parties must conference and submit an agreed proposed scheduling order or trial date to the Court Administrator.
Page 9 | III. Local Civil Rules, B. Scheduling Orders
The exhibit list must be submitted to the court reporter no later than the Pre-trial hearing.
The exhibit list will be submitted to the court reporter no later than the Pre-trial hearing .
Page 10 | III. Local Civil Rules, E. Pre-Trial
Responses must be in writing and filed at least three working days before submission unless the court grants leave; failure to respond may be treated as no opposition.
Responses shall be in writing , and shall be filed at least three (3) working days before the date of submission , except on leave of court. Failure to file a response may be considered a representation of no opposition .
Page 10 | III. Local Civil Rules, D. Motions, 2. Response
The opposing party must approve the proposed order as to form, object in open court, or file written objections with the Court within one business day.
The opposing party must approve the proposed order as to form , object to the form in open court, or file objections in writing with the Court within one business day.
Page 10 | III. Local Civil Rules, D. Motions, 4. Proposed Orders
The witness list must be submitted to the court reporter no later than when the case is called for trial.
A witness list, including addresses and telephone numbers, will be submitted to the court reporter no later than the time the case is called for trial.
Page 11 | Pre-Trial Hearing
Retained attorneys must file their written appearances promptly.
Retained attorneys must promptly file an appearance in writing with the Court Administrator.
Page 1 | II. Local Criminal Rules, A. Appearances
Plea documents must be completed and submitted to the Court Administrator by 10:30 a.m. on the Status Docket day or by the case’s scheduled time and date, as applicable.
Plea documents must be completed and submitted to the Court administrator no later than 1) 10:30 a.m. on the day of the Status Docket, or 2) the scheduled time and date for the case.
Page 4 | H. Status Docket, 2. Plea Procedures
The Discovery Form must be submitted to the Court at the beginning of or before the Pre-trial Docket.
a. The official Court form entitled "Discovery Form" must be completed and signed by the Defense and the State and submitted to the Court at the beginning of or prior to the Pre-trial Docket;
Page 5 | II. Local Criminal Rules
Pre-trial motions must be filed and served on opposing counsel at least seven days before the initial Pre-trial Docket setting or they are waived and may not be raised or filed later.
b. All pre-trial motions not filed and served upon opposing counsel by seven (7) days prior to the initial Pre-trial Docket setting are waived and may not be raised or filed thereafter.
Page 5 | II. Local Criminal Rules
For CCL 1 and CCL 2 Jail Dockets, jail plea papers are due by 4:00 p.m. one business day before the docket; if that due date is a holiday, they are due by 4:00 p.m. on the previous business day.
All jail plea papers must be submitted no later than 4:00 P.M. one (1) business day before the day the Jail Docket is scheduled - No Exceptions! (2) If this date is a holiday, all jail plea papers must be submitted no later than 4:00 P.M. on the previous business day.
Page 7 | M. Jail Docket
For CCL 3 Jail Dockets, jail plea papers are due by 5:00 p.m. two business days before the docket; if that date is a holiday, they are due by 12:00 p.m. on the business day before the docket.
All jail plea papers must be submitted no later than 5:00 P.M. two business days before the day the Jail Docket is scheduled - No Exceptions! (2) If this date is a holiday, all jail plea papers must be submitted no later than 12:00 P.M. on the business day before the day the Jail Docket is scheduled .
Page 8 | M. Jail Docket
Responses must be written and filed at least three working days before submission, unless the court grants leave; failure to respond may be treated as no opposition.
Responses shall be in writing and shall be filed at least three (3) working days before the date of submission , except on leave of court. Failure to file a response may be considered a representation of no opposition.
Page 10 | III. Local Civil Rules, D. Motions
The parties must complete the conference and submission within 30 days after the answer and/or appearance of all parties, unless a scheduling order is unnecessary or not required by applicable law.
Within 30 days following the answer and/or appearance of all parties, the parties must conference and submit an agreed proposed scheduling order or trial date to the Court Administrator. In the event a scheduling order is unnecessary or not required under the Texas Rules of Civil Procedure or any applicable statute, this section shall not apply.
Page 10 | III. Local Civil Rules, B. Scheduling Orders
If the parties cannot agree on a scheduling order, the Plaintiff must promptly file a motion requesting one.
If the parties cannot agree to a scheduling order, the Plaintiff shall promptly file a motion for the Court to enter a scheduling order, with a certificate of conference.
Page 10 | III. Local Civil Rules, B. Scheduling Orders
The exhibit list must be submitted to the court reporter by the Pre-trial hearing.
The exhibit list will be submitted to the court reporter no later than the Pre-trial hearing.
Page 11 | E. Pre-Trial
The opposing party must approve the proposed order as to form, object in open court, or file written objections with the Court within one business day; the Court may draft a separate order after the hearing.
The opposing party must approve the proposed order as to form , object to the form in open court, or file objections in writing with the Court within one business day. Nothing herein prevents the Court from drafting a separate order at any time after the hearing.
Page 11 | 4. Proposed Orders
Objections to edited videotaped depositions offered at trial must be raised at the Pre-trial Conference or may be deemed waived.
If edited videotaped depositions will be offered, objections must be raised at the Pre-trial Conference or may be deemed waived.
Page 12 | E. Pre-Trial
For civil jury trials, the Pre-Trial hearing will be scheduled on the Friday 10 days before the trial date.
Pre-Trial hearings for all civil jury trials will be scheduled on the Friday, 10 days in advance of the scheduled trial date.
Page 12 | E. Pre-Trial Hearing
The criminal jury trial announcement deadline is Thursday at 12:00 p.m.
12:00 pm Criminal Jury Trial announcement deadline
Page 15 | Exhibit A
Service and Proof of Service Rules
d. timely file and serve all pre-trial motions, accompanied by a written proposed order with each motion .
d. timely file and serve all pre-trial motions, accompanied by a written proposed order with each motion .
Page 4 | I. Pre-Trial Docket
A motion to continue Pre-trial must be served on opposing counsel.
a. must be submitted in writing, verified , and served on opposing counsel ;
Page 4 | I. Pre-Trial Docket
A party must serve all other parties written or otherwise verifiable notice of a hearing within one business day after receiving the setting.
Upon setting a motion or other matter for hearing , a party must serve written notice on all other parties in written or other verifiable form , within one business day of receipt of such setting.
Page 10 | III. Local Civil Rules, D. Motions, 5. Notice of Hearings
A written trial-setting request to the Court Administrator must also be provided to all other parties.
by submitting a written request to the Court Administrator, with a copy to all other parties
Page 11 | F. Scheduling for Trial
An attorney permitted to withdraw must provide the defendant with the withdrawal order and written notice of the defendant's next scheduled court appearance.
Any attorney allowed to withdraw as counsel must provide the defendant with both a copy of the order granting the withdrawal and written notice of the defendant's next scheduled Court appearance.
Page 2 | II. Local Criminal Rules, D. Withdrawal as Counsel
An attorney seeking to withdraw must give the State and the defendant written notice of the hearing date and time, and tell the defendant that they may appear and oppose the motion.
c. By giving written notice to the State and to the Defendant of the hearing date and time, including notice to the Defendant that he/she may appear and oppose the motion .
Page 2 | II. Local Criminal Rules, D. Withdrawal as Counsel
Attorneys must have issued and served any subpoenas required for a pre-trial evidentiary-motion hearing.
e. Attorneys will have issued and served any subpoenas required for pre-trial hearing of evidentiary motions.
Page 5 | II. Local Criminal Rules
Pre-trial motions must be served on opposing counsel by seven days before the initial Pre-trial Docket setting or they are waived and may not be raised or filed later.
b. All pre-trial motions not filed and served upon opposing counsel by seven (7) days prior to the initial Pre-trial Docket setting are waived and may not be raised or filed thereafter.
Page 5 | II. Local Criminal Rules
A trial-continuance request must be served on opposing counsel.
a. Any request for a trial continuance by the State or the Defense must be submitted in writing, verified, and seNed on opposing counsel.
Page 6 | II. Local Criminal Rules
A party must serve written or otherwise verifiable notice of a hearing setting on all other parties within one business day after receiving the setting.
Upon setting a motion or other matter for hearing, a party must serve written notice on all other parties in written or other verifiable form , within one business day of receipt of such setting.
Page 11 | 5. Notice of Hearings
A party making a written trial-setting request to the Court Administrator must provide a copy to all other parties.
Any party may schedule the trial of a cause, subject to any scheduling order, by submitting a written request to the Court Administrator, with a copy to all other parties, setting out the following :
Page 12 | F. Scheduling for Trial
Exhibits must be provided to the official court reporter and exchanged with all parties before the proceeding.
must be timely provided to the official court reporter and exchanged with all parties prior to the proceeding.
Page 3 | 4. Exhibits
A pro se party who cannot e-file must email the exhibits to the court reporter and all other parties at least 24 hours before the hearing.
If a prose party does not have the ability to e-file, the prose party must email the exhibits to the official court reporter and all other parties at least 24 hours prior to the hearing.
Page 3 | 4. Exhibits
Documents offered into evidence should be shared with all parties before the hearing.
Any documents offered into evidence should be shared with all parties prior to the hearing.
Page 3 | 6. Contested Hearings and Trials
Sealing & Redaction Procedures
Sensitive material should be redacted.
Please redact any sensitive material.
Page 3 | 4. Exhibits
Pre-Motion Conference Requirements
Agreed motions for continuance in cases older than one year and final hearings involving financial settlements to or on behalf of minors must be scheduled for a hearing.
Notwithstanding 6.a. above , the following must be scheduled for a hearing (1) agreed motions for continuance in cases older than one year (2) final hearings involving financial settlements to or on behalf of minors.
Page 10 | III. Local Civil Rules, D. Motions, 6. Agreed Motions
Before filing a motion, counsel must personally contact all other attorneys to arrange and conduct a conference to try to resolve the dispute, making at least three contact attempts during regular business hours over at least two business days.
Prior to filing a motion, counsel shall personally contact all other attorneys in the case to schedule and conduct a conference in an attempt to resolve the disputed matters. Counsel shall make at least three attempts to contact all other attorneys during regular business hours over a period of no less than two business days.
Page 10 | III. Local Civil Rules, D. Motions, 3. Conference
Agreed motions for continuance in cases older than two years and final hearings involving financial settlements to or on behalf of minors must be scheduled for a hearing.
Notwithstanding 6.a. above, the following must be scheduled for a hearing: (1) agreed motions for continuance in cases older than two years; (2) final hearings involving financial settlements to or on behalf of minors.
Page 11 | 6. Agreed Motions
Before filing a motion, counsel must personally confer with the other attorneys to try to resolve disputed matters, making at least three contact attempts during regular business hours over at least two business days.
Prior to filing a motion, counsel shall personally contact all other attorneys in the case to schedule and conduct a conference in an attempt to resolve the disputed matters. Counsel shall make at least three attempts to contact all other attorneys during regular business hours over a period of no less than two business days.
Page 11 | 3. Conference
Except for threshold motions, motions must be scheduled for hearing as soon as practicable after filing and the applicable response period, rather than being reserved for Pre-Trial.
All motions other than threshold motions must be scheduled for hearing as soon as practicable following both the filing and any response period authorized by the rules or applicable statute, and not reserved for Pre-Trial.
Page 11 | 5. Notice of Hearings
Motions in Limine and other threshold motions will be heard at the Pre-Trial hearing.
Motions in Limine and other threshold motions will be heard at the Pre-Trial hearing.
Page 12 | E. Pre-Trial Hearing
Motions other than threshold motions must be scheduled for hearing as soon as practicable after filing and any authorized response period, and must not be reserved for Pre-Trial.
All motions other than threshold motions must be scheduled for hearing as soon as practicable following both the filing and any response period authorized by the rules or applicable statute, and not reserved for Pre-Trial.
Page 10 | III. Local Civil Rules, D. Motions, 5. Notice of Hearings
Qualifying written agreed motions will be considered without a hearing.
Agreed motions submitted in writing with a proposed order and reflecting the agreement of all parties by personal or legally authorized signatures either (a) on the form of order, or (b) in the certificate of conference will be considered without a hearing.
Page 11 | 6. Agreed Motions
Adjournment & Extension Requirements
Defense counsel may request a status-docket reset by telephone, email, facsimile, or in person by 4:00 p.m. on the preceding business day.
Cases may be reset by defense counsel by telephone , email , facsimile or in person no later than 4:00 p.m. on the business day preceding the status docket date.
Page 3 | G. Status Docket
A reset requested on the status-docket date must be presented to the Court in person; the defendant need not attend.
Requests for resets made on the date of the status docket must be presented in person to the Court, and will be added to the queue of plea papers submitted during the status docket. The defendant is not required to be present.
Page 3 | G. Status Docket
A disposition-setting reset request must be made in writing and approved by opposing counsel by 3:00 p.m. on the preceding business day, or made in person with the defendant present when the case is called at the Disposition docket.
All requests to reschedule a disposition setting must be made in writing and approved by opposing counsel by 3:00 P.M. on the preceding business day, or in person with the defendant present at the Disposition docket, only at the time the case is called .
Page 3 | H. Disposition Docket
A continuance does not extend the deadline for pre-trial motions to the subsequent Pre-trial unless the Court grants leave.
The deadline for filing pre-trial motions will not be extended to the subsequent Pre-trial except on leave of Court.
Page 4 | I. Pre-Trial Docket
A motion to continue Pre-trial must be submitted in writing, verified, and served on opposing counsel.
a. must be submitted in writing, verified , and served on opposing counsel ;
Page 4 | I. Pre-Trial Docket
A motion to continue pre-trial must be submitted in writing, verified, and served on opposing counsel.
c. Motions to continue Pre-trial must be submitted in writing, verified, and served on opposing counsel;
Page 5 | II. Local Criminal Rules
A trial continuance will not be granted without a showing of harm from unforeseeable or unexpected circumstances, unless a statute provides otherwise.
b. No continuance will be granted absent the showing of harm due to unforeseeable or unexpected circumstances, or unless provided for by statute.
Page 6 | II. Local Criminal Rules
A trial-continuance request by the State or the Defense must be submitted in writing, verified, and served on opposing counsel.
a. Any request for a trial continuance by the State or the Defense must be submitted in writing, verified, and seNed on opposing counsel.
Page 6 | II. Local Criminal Rules
Final hearings must occur within 200 days after arrest on the capias unless good cause is shown for further extensions.
Final hearing will occur in all such cases within 200 days from the date of arrest on the capias, unless good cause is shown for further extensions.
Page 7
Advance requests to reset a probation hearing must be made in person by 4:00 p.m. the preceding day and approved by the Judge; same-day requests may be presented only when the docket begins, and the defendant must be present.
Advance requests for a reset must be made in person no later than 4:00 p.m. on the day preceding the probation hearing date and must be approved by the Judge. Requests for resets made on the scheduled date of the probation hearing may not be presented until the Court begins the docket and will be added to the queue of plea papers submitted during the docket. The defendant must be present.
Page 7
Status-docket resets requested within the 180-day period may be for no more than four weeks.
Resets requested within the 180 day period will be for no more than four (4) weeks.
Page 3 | G. Status Docket
A continuance based on a pending PTIP application may be granted only at the initial pre-trial and only for six weeks.
b. if based upon a pending application for the Pre-Trial Intervention Program ("PTIP"), will be granted only at the initial pre-trial , for a period of 6 weeks;
Page 4 | I. Pre-Trial Docket
If pre-trial is continued, the Court will set a later pre-trial, but the pre-trial-motion filing deadline does not carry over unless the Court grants leave.
(1) If a pre-trial continuance is granted, the case will be scheduled for a later Pre-trial to be determined by the Court. The deadline for filing pre-trial motions will not be extended to the subsequent Pre-trial except on leave of Court.
Page 5 | II. Local Criminal Rules
A case continued by the Court or not reached will receive an immediate new trial date and will not return to the Pre-trial Docket without good cause.
c. Any case which is either continued by the Court or not reached will receive an immediate new trial date - no case will be returned to the Pre-trial Docket without good cause.
Page 6 | II. Local Criminal Rules
Chambers Communication Rules
Defense counsel must contact the Court Administrator by the Jail Status review and report the case status and any reason for further delay; failure to do so results in scheduling on the Disposition Docket at the Court’s earliest convenience.
Defense counsel is required to contact the Court Administrator at or prior to the time of the Jail Status review and to report the status of the case and any reason for further delay. 4. If Defense counsel does not contact the Court Administrator by the Jail Status review deadline, the case(s) will be scheduled on the Disposition Docket at the earliest possible convenience to the Court.
Page 8 | N. Jail Status Review
Criminal matters are scheduled in person unless an attorney or pro se defendant requests a video hearing in writing or by email; the Court considers the stated factors and must approve the request.
CRIMINAL: Criminal matters will be scheduled for "in person" hearings unless attorneys or pro se defendants request, in writing or via email, that the Court administrator schedule the matter for a video hearing. Factors including judicial economy, litigants' or victims' rights, availability of participants and the possibility that a defendant may be remanded into custody must be considered, making such requests subject to the approval of the Court.
Page 1 | REQUESTING A HEARING DATE: CRIMINAL
To have a hearing held on the record, email the official court reporter at least 24 hours before the hearing.
A request for the hearing to be held on the record must be emailed to the official court reporter at least 24 hours prior to the hearing.
Page 2 | WHAT TO EXPECT — Request for Record