Midland County Courts at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Pleading
- Prior to Hearing
Document Format Requirements8 rules
Video exhibits must be in mp4 format, or as directed by the Eleventh Comi of Appeals from time to time.
Exhibits that an attorney or self-represented litigant can reasonably anticipate using at a trial, pretrial conference, or hearing shall be pre marked, utilizing party designation, sequential numbers, and the date of the proceeding.
Audio exhibits must be in mp3 format, or as directed by the Eleventh Comi of Appeals from time to time.
All audio exhibits must be in .mp3 format. Each exhibit is limited in size to 100 MB, or in the format acceptable to the Eleventh Court of Appeals. The Eleventh Court of Appeals currently requires all .mp3s not to exceed 100 MB.
All photographs or digital image files must be in pdf format. Each exhibit is limited in size to 100 MB, or in the format acceptable to the Eleventh Court of Appeals. The Eleventh Court of Appeals currently requires . pdfs not to exceed 100 MB.
- File type
All video exhibits must be in .mp4 format. Each exhibit is limited in size to 2 GB, or in the format acceptable to the Eleventh Court of Appeals. The Eleventh Court of Appeals currently requires all .mp4s not to exceed 2 GB.
The monthly income-and-expenses statement must use a form substantially similar to the court's Financial Information Statement Form.
Court's wording
A statement of monthly income and expenses in a form substantially similar to the Financial Information Statement Form, which is available on the website of the 318th Family District Court.
The sworn inventory must use a form substantially similar to one of the forms on the court website.
Court's wording
In all cases in which the character, value, or division of property or debts is in issue, the petitioner and the respondent shall file at least thirty (30) days prior to the final hearing a Sworn Inventory and Appraisement of all separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties signed by the party under oath in a form substantially similar to one of those found on the website of the 318th Family District Court.
Document Filing Requirements39 rules
The motion must include a Certificate of Conference that complies with Rule 4.05 and be accompanied by a proposed order setting the motion for hearing.
- Document
- Motion
Must include
- •Proposed order
- •Certificate of conference
Each motion for withdrawal must contain the attorney's certification that there are no rulings of the court that have yet to be reduced to writing and signed by the court.
If another attorney is not to be substituted as attorney for the party or if the party does not consent to the motion to withdraw or for substitution, the withdrawing attorney shall notify the client in writing that the court will be requested to sign an order granting the withdrawal on or after ten (10) days following the date of such notice.
When the attorney has completed a limited appearance, the attorney shall file a Notice of Completion of Limited Service advising the comi that the limited service has been completed.
An attorney making a limited appearance must file a notice identifying the hearing, any covered discrete issues, and the client’s contact information; one notice may cover multiple hearings.
Court's wording
An attorney making a limited appearance shall file a Notice of Limited Appearance. The Notice shall state the hearing to which the limited appearance pe1iains, and, if the appearance does not extend to all issues to be considered at that hearing, the Notice shall identify the discrete issues covered by the appearance. The Notice of Limited Appearance shall also state the name, address, telephone number, and email address of the client. An attorney may file a Notice of Limited Appearance for more than one (1) hearing in a case.
For a substitution in a limited appearance, the motion and order must state that the new attorney assumes responsibility for unfinished matters within the notice’s scope, and both attorneys must sign them.
Court's wording
A motion to withdraw from limited representation is governed by Rule 2.06. In addition, if an attorney is substituting in a limited appearance, the motion and order must state that the substituting attorney has assumed responsibility for all matters within the scope of the withdrawing attorney's Notice of Limited Appearance that have not been completed, and it must be signed by both the withdrawing and the substituting attorney.
An attorney or self-represented litigant shall provide a list of the attorney's or self-represented litigant's exhibits to the court and to each attorney and self-represented litigant prior to the proceeding.
An attorney or self-represented litigant shall provide a copy of the attorney's or self-represented litigant's exhibits to the court and to each attorney and self-represented litigant prior to the proceeding.
When filing a document challenging the constitutionality of a Texas statute, the filer must simultaneously file the completed Attorney General form with the Clerk and promptly hand-deliver or email a copy to the Court Administrator.
Court's wording
When an attorney or self-represented litigant files a pleading or other document that challenges the constitutionality of a Texas statute, the attorney or self-represented litigant must simultaneously file with the Clerk a completed copy of the form promulgated for that purpose by the Attorney General of Texas and promptly hand deliver or email a copy of that form to the Court Administrator.
A request to cover a proceeding must state the case style and number, proceeding date and time, requester, requested coverage type, and equipment type and extent.
Court's wording
The request must state: 1. The case style and number; 2. The date and time when the proceeding is to begin; 3. The name of the requesting person or organization; 4. The type of coverage requested (e.g., televising, recording, or photographing); and 5. The type and extent of equipment to be used.
Media coverage is permitted only on written order of the court.
When presenting an ex parte application, counsel must certify in writing that opposing counsel is absent or that one of the stated notice conditions applies.
Court's wording
Counsel presenting an application for an ex parte order shall, at the time the application is presented to the court, certify in writing that: a. To the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or b. If the party against whom the relief is sought is represented by counsel: 1. Such counsel has been notified of the application and does not wish to be heard by the court thereon; or 2. 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.
A party may request other hearings by (i) submitting a proposed Order Setting Hearing to the Court Administrator or (ii) requesting a hearing from the Court Administrator and promptly submitting a proposed Order Setting Hearing to the Court Administrator.
All requests for the setting of a trial, pretrial conference, or hearing shall include an estimate of the amount of court time required for the trial, pretrial conference, or hearing.
confirming the setting by letter addressed to the court
filing with the court a motion requesting the setting, accompanied by a Certificate of Conference as required by Rule 4.05 and a Certificate of Service on opposing counsel
- Document
- Motion
Must include
- •Certificate of service
- •Certificate of conference
Each Pleading shall include a Certificate of Conference signed by counsel as follows:
- Document
- Pleading
Must include
- •Certificate of conference
- •Certificate of Conference signed by counsel
If counsel conferred about the merits of a Pleading, the Certificate of Conference must state the date, participating attorneys, scope of the conference, lack of agreement, and that the Pleading is presented for determination.
Court's wording
If counsel conferred regarding the merits of the Pleading, the Certificate of Conference shall state the following: 1. the date of the conference; 2. the names of the attorneys who conferred; 3. that the conference included all issues raised in the Pleading; 4. that agreement could not be reached; and 5. that the Pleading is therefore presented to the comi for determination.
The Comi Administrator shall not schedule a hearing on a Pleading unless a Certificate of Conference complying with this Rule has been filed.
- Document
- Pleading
Must include
- •Certificate of conference
If counsel did not confer about the merits of a Pleading, the Certificate of Conference must describe each attempt and state that the attempts were unsuccessful and the Pleading is presented for determination.
Court's wording
If counsel did not confer regarding the merits of the Pleading, the Ce1iificate of Conference shall include the following: 1. the date and time of each attempt to confer; 2. the name of the attorney with whom counsel attempted to confer; 3. that the attempts to confer were unsuccessful; and 4. that the Pleading is therefore presented to the court for determination.
Counsel shall file proposed judgments, decrees, and orders with the associated motion or other request for relief, or provide their proposed judgments, decrees, and orders to the court and counsel at the commencement of the hearing.
- Document
- Proposed judgment decree or order
Must include
- •Proposed order
The debtor's attorney must submit written notice that the bankruptcy proceeding has concluded and file a copy of the order or judgment ending it.
Court's wording
Within seven (7) days of the conclusion of the bankruptcy proceeding, the attorney for the debtor shall notify the court in writing that the bankruptcy proceeding has concluded and file a copy of the order or judgment concluding the bankruptcy proceeding so that the court can determine whether to reinstate its case on its active docket, dismiss that case, or seek additional information.
The written bankruptcy-filing notice must identify the filing party and date, the bankruptcy court and case, and the debtor's attorney's contact information.
Court's wording
Within three (3) business days of the date of the filing, provide written notice to the court and all attorneys of the filing, including the name of the party filing for bankruptcy protection, the date of the filing, the name and address of the court in which the filing was made, tlie case number and style in the bankruptcy court, and the name, address, telephone number, and email address of the attorney for the debtor.
Within seven (7) days of learning of the death of a party, the party's attorney shall file a suggestion of death.
Counsel must put judgments, decrees, and orders in writing, forward them to opposing counsel for approval as to form, and deliver them to the court for signing.
Court's wording
Within thhiy (30) days after rendition, announcement of the court's ruling, or announcement 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 contested temporary-support cases, each party must file the listed financial information and, when applicable, child-support or spousal-maintenance calculations; agreed calculations may be filed instead when the parties agree.
Court's wording
In contested cases in which temporary support of a spouse, a child, or both is in issue, each party shall file and provide to opposing counsel the following no later than the day of the hearing: a. A statement of monthly income and expenses in a form substantially similar to the Financial Information Statement Form, which is available on the website of the 318th Family District Court. b. Copies of that party's federal income tax returns for the two (2) calendar years prior to the temporary hearing. A party who has copies of the other party's federal income tax returns for the two (2) calendar years prior to the temporary hearing shall also file copies of those returns. c. All payroll statements, pay stubs, W-2 forms, and 1099 forms which evidence that patiy's earnings for the calendar year prior to the temporary order hearing and from January 1 of the current year through the date of the temporary hearing. d. If the case involves a child, a Proposed Child Support Calculation. If the parties are in agreement, they may instead file an Agreed Child Support Calculation. e. If a patiy is requesting spousal maintenance, a Proposed Spousal Maintenance Calculation. If the parties are in agreement, they may instead file an Agreed Spousal Maintenance Decision Calculation.
In all cases, each party shall file and provide to opposing counsel a summary of the relief requested no later than the day of the hearing.
- Document
- Temporary hearing summary
Must include
- •A summary of the relief requested
The petitioner shall also file a Composite Inventory and Appraisement at least fourteen (14) days prior to the final hearing. If the parties are in agreement, they may instead file an Agreed Composite Inventory and Appraisement signed by the patiies under oath.
In contested property cases, each party must file a signed Proposed Property Division, unless the parties agree to file an Agreed Property Division signed by both.
Court's wording
In contested property cases, each party shall file (and provide a copy to opposing counsel prior to the final hearing) a Proposed Property Division signed by the patiy. If the parties are in agreement, they may instead file an Agreed Property Division signed by both parties.
When property or debts are at issue, both parties must file a sworn inventory and appraisement at least 30 days before the final hearing.
Court's wording
In all cases in which the character, value, or division of property or debts is in issue, the petitioner and the respondent shall file at least thirty (30) days prior to the final hearing a Sworn Inventory and Appraisement of all separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties signed by the party under oath in a form substantially similar to one of those found on the website of the 318th Family District Court.
In contested child custody cases, each party shall file (and deliver to opposing counsel prior to the final hearing) a Proposed Parenting Plan.
Each party completing the course shall file a certificate of completion with the court within thirty (30) days of completion of the course, or at the time of that party's next comi appearance, whichever is sooner.
Paiiies who wish the court to confer with a child in chambers shall file a motion to that effect. The court shall then determine whether to confer with the child. If the comi decides to confer with the child, a time for the conference shall be scheduled.
Any motion, response, reply, brief, opposition, or memorandum that is twenty (20) or more pages long must contain a table of contents.
- Document
- Motion response reply brief opposition memorandum
Must include
- •Table of contents
Only pages of discovery requests, responses, and deposition transcripts relevant to the filing may be attached.
Court's wording
Only the pages from discovery requests, discovery responses, and deposition transcripts relevant to the motion, response, reply, brief, opposition, or memorandum shall be attached to the motion, response, reply, brief, opposition, or memorandum.
Any motion, response, reply, brief, opposition, or memorandum that is ten (10) or more pages long must begin with a summary of the argument.
If counsel cannot obtain approval as to form from all opposing counsel and self-represented litigants, counsel may file a motion for entry of the proposed judgment, decree, or order and obtain a hearing.
Court's wording
If counsel is unable to secure the approval as to form of all opposing counsel and self-represented litigants, counsel may: 1. File a motion for ent1y of the proposed judgment, decree, or order and secure a hearing for the same, with notice to all opposing counsel and self-represented litigants pursuant to Rule 21a, Texas Rules of Civil Procedure, as amended.
Present the court with the proposed judgment, decree, or order, together with a letter requesting the court to sign the same if the court has not received a written objection from opposing counsel within ten (10) days from the date of the letter.
In a civil case, an attorney whose limited appearance has been completed as provided in paragraph d. need not file a motion to withdraw.
Filing & Service rules
Electronic Filing Rules
An attorney may designate continuing-education and vacation days by e-filing a letter in the District Clerk’s vacation file and must email a copy to the Court Coordinator in each court where the attorney has pending cases.
Each attorney may designate days for continuing legal education and for vacations by e-filing a letter with the District Clerk in the attorney vacation file maintained by the District Clerk. A copy of the letter shall also be emailed to the Court Coordinator in each court in which the attorney has cases pending.
Page 11 | RULE 2.08 VACATIONS OF ATTORNEYS
Filing Timing and Cure Windows
Within seven days after a bankruptcy proceeding concludes, the debtor's attorney must notify the court in writing and file the concluding order or judgment.
Within seven (7) days of the conclusion of the bankruptcy proceeding, the attorney for the debtor shall notify the court in writing that the bankruptcy proceeding has concluded and file a copy of the order or judgment concluding the bankruptcy proceeding so that the court can determine whether to reinstate its case on its active docket, dismiss that case, or seek additional information.
Page 21 | RULE 4.07(b) Notice of Conclusion of Bankruptcy Proceeding
Within three business days of a bankruptcy filing, the attorney must provide the court and all attorneys written notice containing the specified filing and debtor-attorney information.
Within three (3) business days of the date of the filing, provide written notice to the court and all attorneys of the filing, including the name of the party filing for bankruptcy protection, the date of the filing, the name and address of the court in which the filing was made, tlie case number and style in the bankruptcy court, and the name, address, telephone number, and email address of the attorney for the debtor.
Page 21 | RULE 4.07(a) Notice of Filing of Bankruptcy Proceeding
Counsel must have judgments, decrees, and orders reduced to writing, sent to opposing counsel for approval as to form, and delivered to the court for signing within 30 days of the specified ruling or settlement announcement.
Within thhiy (30) days after rendition, announcement of the court's ruling, or announcement 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 22 | RULE 4.09(a) Reduction to Writing Within Thirty (30) Days
A party's attorney must file a suggestion of death within seven days after learning of the party's death.
Within seven (7) days of learning of the death of a party, the party's attorney shall file a suggestion of death.
Page 22 | RULE 4.08 SUGGESTION OF DEATH
A temporary order may not last more than 180 days from signing unless the parties agree or the court orders otherwise.
No temporary order shall exceed one hundred eighty (180) days in duration from the date the order is signed, except by agreement of the patiies or order of the comi.
Page 25 | Duration of Temporary Orders
The summary of requested relief must be filed no later than the day of the hearing.
In all cases, each party shall file and provide to opposing counsel a summary of the relief requested no later than the day of the hearing.
Page 25 | Documents Required at Temporary Hearing
In contested temporary-support cases, each party must file and provide opposing counsel with the listed materials no later than the day of the hearing.
In contested cases in which temporary support of a spouse, a child, or both is in issue, each party shall file and provide to opposing counsel the following no later than the day of the hearing:
Page 25 | Documents Required at Temporary Hearing
The sworn inventory and appraisement must be filed at least 30 days before the final hearing.
In all cases in which the character, value, or division of property or debts is in issue, the petitioner and the respondent shall file at least thirty (30) days prior to the final hearing a Sworn Inventory and Appraisement of all separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties signed by the party under oath in a form substantially similar to one of those found on the website of the 318th Family District Court.
Page 26 | RULE 5.02 FINAL HEARINGS
The petitioner must file the Composite Inventory and Appraisement at least 14 days before the final hearing.
The petitioner shall also file a Composite Inventory and Appraisement at least fourteen (14) days prior to the final hearing.
Page 26 | RULE 5.02 FINAL HEARINGS
The certificate of completion is due within 30 days after course completion or at the party’s next court appearance, whichever is sooner.
Each party completing the course shall file a certificate of completion with the court within thirty (30) days of completion of the course, or at the time of that party's next comi appearance, whichever is sooner.
Page 27
The court may be asked to sign an order granting withdrawal only on or after ten days following the date of the required client notice.
If another attorney is not to be substituted as attorney for the party or if the party does not consent to the motion to withdraw or for substitution, the withdrawing attorney shall notify the client in writing that the court will be requested to sign an order granting the withdrawal on or after ten (10) days following the date of such notice.
Page 9 | RULE 2.06 WITHDRAWAL AND SUBSTITUTION OF COUNSEL — c. Notice to Client
The court may be asked to sign the proposed judgment, decree, or order if opposing counsel does not submit a written objection within ten days from the letter's date.
Present the court with the proposed judgment, decree, or order, together with a letter requesting the court to sign the same if the court has not received a written objection from opposing counsel within ten (10) days from the date of the letter.
Page 22 | RULE 4.09(d) Procedure for Entry of Judgment, Decree, or Order
Service and Proof of Service Rules
In a civil case, a self-represented litigant's failure to accept or pick up mail at the provided address is constructive receipt, which may be established by a postal service receipt or comparable proof of delivery.
In a civil case, failure to accept delivery of or to pick up mail addressed to the address provided by a self-represented litigant will be considered constructive receipt of the mailed or delivered document and may be established by a postal service receipt for certified or registered mail or comparable proof of delive1y.
Page 3 | RULE 2.01 PARTIES PROCEEDING WITHOUT ATTORNEYS
If the client has provided an email address, the notice must also be sent by email.
If the client has provided the attorney with an email address, notice shall also be sent to the client by email.
Page 9 | RULE 2.06 WITHDRAWAL AND SUBSTITUTION OF COUNSEL — c. Notice to Client
The required client notice must be sent by certified mail with return receipt requested.
Notice shall be sent to the client by certified mail, return receipt requested.
Page 9 | RULE 2.06 WITHDRAWAL AND SUBSTITUTION OF COUNSEL — c. Notice to Client
For matters outside a limited appearance’s scope, service must be made on the party at the address in the notice; service on the attorney alone is ineffective, though the attorney may also be served.
When service is required or permitted to be made on a party represented by an attorney who has filed a Notice of Limited Appearance, service regarding matters outside the scope of the Notice of Limited Appearance must be made on the party. Service on an attorney regarding matters outside the scope of the attorney's Notice of Limited Appearance is not effective service on that party. Service on a party shall be at the address listed for the pmiy in the Notice of Limited Appearance. Nothing in this rule precludes also serving matters outside the scope of the Notice of Limited Appearance on the attorney filing the Notice of Limited Appearance.
Page 11 | Responsibilities of Opposing Counsel Regarding Service
A coverage request must be filed with the Clerk, and a copy delivered to the Court Administrator, all attorneys of record, and all self-represented litigants.
The request shall be filed with the Clerk, with a copy delivered to the Court Administrator, all attorneys of record, and all self-represented litigants.
Page 13 | RULE 2.12 RECORDING AND BROADCASTING OF COURT PROCEEDINGS
A copy of the setting-confirmation letter must be served on opposing counsel in accordance with Texas Rule of Civil Procedure 21a.
a copy of which shall be served on opposing counsel is accordance with Rule 21a of the Texas Rules of Civil Procedure.
Page 16 | RULE 4.02 OBTAINING SETTINGS
The party requesting a setting must notify all other parties.
The party requesting the setting must give notice to all other paiiies.
Page 17
If counsel is unable to secure the approval as to form of all opposing counsel and self-represented litigants, counsel may: 1. File a motion for ent1y of the proposed judgment, decree, or order and secure a hearing for the same, with notice to all opposing counsel and self-represented litigants pursuant to Rule 21a, Texas Rules of Civil Procedure, as amended.
If counsel is unable to secure the approval as to form of all opposing counsel and self-represented litigants, counsel may: 1. File a motion for ent1y of the proposed judgment, decree, or order and secure a hearing for the same, with notice to all opposing counsel and self-represented litigants pursuant to Rule 21a, Texas Rules of Civil Procedure, as amended.
Page 22 | RULE 4.09(d) Procedure for Entry of Judgment, Decree, or Order
Each party who submits a proposed judgment, decree, or order for signature shall serve the proposed judgment, decree, or order and a copy of the
Each party who submits a proposed judgment, decree, or order for signature shall serve the proposed judgment, decree, or order and a copy of the
Page 22 | RULE 4.09(d) Procedure for Entry of Judgment, Decree, or Order
A party seeking affirmative relief in a temporary-order matter must serve the application and hearing notice on the adverse party under Texas Rules of Civil Procedure 5 and 21a.
An application to the court for a temporary order and notice of any hearing for temporary orders in which that party is seeking affirmative relief shall be served on the adverse party in accordance with Rules 5 and 21 a of the Texas Rules of Civil Procedure, as amended.
Page 24 | RULE 5.01 TEMPORARY HEARINGS
Each party must provide opposing counsel with the summary no later than the day of the hearing.
In all cases, each party shall file and provide to opposing counsel a summary of the relief requested no later than the day of the hearing.
Page 25 | Documents Required at Temporary Hearing
In contested temporary-support cases, each party must provide opposing counsel with the listed materials no later than the day of the hearing.
In contested cases in which temporary support of a spouse, a child, or both is in issue, each party shall file and provide to opposing counsel the following no later than the day of the hearing:
Page 25 | Documents Required at Temporary Hearing
Each party must deliver the Proposed Parenting Plan to opposing counsel before the final hearing.
In contested child custody cases, each party shall file (and deliver to opposing counsel prior to the final hearing) a Proposed Parenting Plan.
Page 26 | RULE 5.02 FINAL HEARINGS
Each party must provide opposing counsel with a copy of the signed Proposed Property Division before the final hearing.
In contested property cases, each party shall file (and provide a copy to opposing counsel prior to the final hearing) a Proposed Property Division signed by the patiy.
Page 26 | RULE 5.02 FINAL HEARINGS
Filing Fees and Waivers
Fees for preparing the pre-adoptive home screening and post-placement adoptive report must be paid when the suit is filed.
The fees for preparation of a pre-adoptive home screening and post placement adoptive report shall be paid at the time of the filing of the suit.
Page 28 | RULE 5.06 ADOPTIONS AND TERMINATIONS
Fees for the amicus attorney must be paid when the suit is filed.
The fees for the amicus attorney shall be paid at the time of the filing of the suit.
Page 28 | RULE 5.06 ADOPTIONS AND TERMINATIONS
Courtesy Copy Requirements
Before a hearing, the Pleading's proponent must deliver the Court Administrator a notebook containing the Pleading and all related filed papers, with individual documents and exhibits marked by tabs or other appropriate identifiers.
The proponent of a Pleading shall, prior to a hearing on the Pleading, deliver to the Court Administrator a notebook containing the Pleading and all responses, replies, briefs, oppositions, and memoranda filed by any party in connection with the Pleading. Individual documents and exhibits shall be marked with tabs or other appropriate identifiers.
Page 20 | Courtesy Copies
Pre-Motion Conference Requirements
Before filing a motion or other defined Pleading, filing counsel must schedule a conference, both counsel must try in good faith to resolve all issues, and counsel must respond promptly to each other.
Prior to filing any motion, plea, application, request, objection, or special exception (hereafter, "Pleading"), counsel for the filing party shall schedule a conference to resolve the disputed matters. b. Both counsel shall attempt in good faith to resolve any and all issues in the Pleading. c. Counsel shall respond promptly to communications from other counsel.
Page 18 | RULE 4.05 MOTION PRACTICE, a. Conference Requirement
When rare exigent circumstances make a prefiling conference impracticable, counsel must explain the exigency in the certificate, confer promptly after filing, and file an amended certificate.
In the rare exigent circumstances in which the conference requirement is not practicable, counsel filing the Pleading shall (i) explain the exigency in the Certificate of Conference, (ii) confer as required by this Rule promptly after filing the Pleading, and (iii) file an amended Certificate of Conference accordingly.
Page 19 | Exigent Circumstances
The conference requirement does not apply to requests for ex parte relief, which are governed by Rule 4.01.
The conference requirement does not apply to requests for ex parte relief, which are governed by Rule 4.01.
Page 20 | Exceptions to Conference Requirement — Requests for Ex Parte Relief
The conference requirement does not apply to Pleadings seeking mandatory relief, including the stated examples.
The conference requirement does not apply to Pleadings in which the relief sought is mandatory (e.g., motions to confer with children twelve (12) years of age or older, jury demands).
Page 20 | Exceptions to Conference Requirement — Pleadings Regarding Which the Relief Is Mandatory
The conference requirement does not apply to a party's voluntary motion to dismiss, nonsuit, or abandon claims.
The conference requirement does not apply to a party's motion to dismiss, nonsuit, or abandon one or more of that party's claims voluntarily.
Page 20 | Exceptions to Conference Requirement — Voluntary Dismissals and Abandonments
Adjournment & Extension Requirements
A motion must be filed for a request to pass, postpone, or reset a proceeding unless all attorneys and self-represented litigants consent in writing and the court approves the request.
Unless all attorneys and self-represented litigants consent in writing to the request to pass, postpone, or reset any trial, pretrial conference, or hearing and the request is approved by the court, a motion must be filed pursuant to Rule 251, et seq., of the Texas Rules of Civil Procedure, as amended, or Article 29.01, et seq., of the Texas Code of Criminal Procedure, as amended, as applicable.
Page 7 | RULE 2.04 REQUESTS FOR CONTINUANCE OR POSTPONEMENT
A request to pass, postpone, or reset a proceeding may be granted only with everyone’s consent or after nonjoining parties are notified and given an opportunity to object.
No request to pass, postpone, or reset any trial, pretrial, or other hearing shall be granted unless all attorneys and self-represented litigants consent, or unless all parties not joining in such request have been notified and have had an opportunity to object.
Page 7 | RULE 2.04 REQUESTS FOR CONTINUANCE OR POSTPONEMENT
Chambers Communication Rules
Self-represented litigants must provide the court with address, telephone, and email contact listings where court personnel and opposing counsel can reach them.
Self-represented litigants are required to provide the court with an address, telephone, and email listings at which they can be reached by court personnel and opposing counsel.
Page 3 | RULE 2.01 PARTIES PROCEEDING WITHOUT ATTORNEYS
When a party is incarcerated, the party seeking to set a hearing or trial must contact the Court Administrator well in advance of the proposed date.
In all cases in which a party is incarcerated, the party wishing to set a hearing or trial must communicate with the Court Administrator well in advance of the proposed date for the hearing, pretrial conference, or trial.
Page 16 | RULE 4.02 OBTAINING SETTINGS
When a party files for bankruptcy protection, the party's attorney must immediately notify the Court Administrator by telephone.
When a party files for protection under the bankruptcy laws of the United States, that patty's attorney shall: 1. Immediately notify the Comt Administrator by telephone;
Page 21 | RULE 4.07 NOTIFICATION OF BANKRUPTCY
After filing any listed post-trial pleading, a party must promptly notify the trial judge by hand-delivering or emailing a copy to the Court Administrator.
A party filing one or more of the following post-trial pleadings shall give notice to the trial judge by hand-delivering or emailing a copy of the filing to the Court Administrator promptly after it is filed: a. Request for Findings of Fact and Conclusions of Law (TEX. R. Crv. P. 296); b. Notice of Past Due Findings of Fact and Conclusions of Law (TEX. R. Crv. P. 297); c. Request for Additional or Amended Findings of Fact and Conclusions of Law (TEX. R. CIV. P. 298); d. Request for Preparation of the Court Reporter's Record (TEX. R. APP. P. 34.6); or e. An affidavit of indigency filed in connection with an appeal (TEX. R. APP. P. 20.1).
Page 23 | RULE 4.10 NOTICE TO TRIAL JUDGE OF POST-TRIAL PLEADINGS
During trial, counsel must not have personal discussions with the court, court personnel, or each other in the presence of jurors, parties, or witnesses.
Counsel shall not engage in personal discussions with the court, court personnel, or each other during trial while in the presence of jurors, parties, or witnesses.
Page 5 | RULE 2.02 ATTORNEYS
Attorneys must notify affected courts when they are assigned to two or more courts on the same date or at the same time.
Attorneys shall advise the affected courts that they are assigned to two or more courts for the same date and/or time.
Page 8 | RULE 2.05 CONFLICT IN TRIAL SETTINGS
Attorneys must promptly advise affected judges of any dual settings once they become aware of them.
Attorneys shall advise the affected judges of all dual settings as soon as the attorney becomes aware of them.
Page 8 | RULE 2.05 CONFLICT IN TRIAL SETTINGS
After the opposing party files an answer or enters an appearance, a party may request a trial or pretrial-conference setting by motion or oral request followed by a confirmation letter.
At any time after the filing of an answer or entry of an appearance by the opposing party, a party may request a setting for a trial on the merits or a pretrial conference by (i) filing with the court a motion requesting the setting, accompanied by a Certificate of Conference as required by Rule 4.05 and a Certificate of Service on opposing counsel or (ii) orally requesting the court to schedule the hearing and confirming the setting by letter addressed to the court, a copy of which shall be served on opposing counsel is accordance with Rule 21a of the Texas Rules of Civil Procedure.
Page 16 | RULE 4.02 OBTAINING SETTINGS
The court decides whether to allow telephonic or electronic appearances, and anyone wishing to appear telephonically must call the Court Administrator to ask whether permission will be granted.
Whether to allow an attorney or self-represented litigant to appear telephonically or electronically for a hearing is within the discretion of the court. Attorneys and self-represented litigants who wish to appear telephonically shall contact the Comt Administrator to inquire whether the court will permit a telephonic appearance under the circumstances.
Page 21 | Telephonic or Electronic Hearings