Judge David G. Rogers
Individual Rules, Standing Orders & Policies
- Rules last changed:
Communication
Document Format Requirements3 rules
Digital exhibits must be PDF, MP3, or MP4 files; each PDF may not exceed 100 MB, each MP3 or MP4 may not exceed 2 GB, oversized files must be split, and cumulative size may not exceed 2 GB.
The file extension must be .pdf, .mp3 or .mp4 with each .pdf file being no larger than 100 megabytes or each .mp3 or .mp4 file no larger than 2GB. Files greater than the file size limit should be separated into multiple smaller files. Cumulative file size must not exceed 2GB.
All paper exhibits must be printed or formatted one-sided.
All exhibits are to be one-sided.
Before trial, any proposed or suggested jury charge must be emailed to the Court Coordinator in Word format.
Prior to trial, email your proposed or suggested charge to the Court Coordinator in Word form.
Document Filing Requirements1 rule
Fourteen days before the initial trial setting, the parties must exchange deposition-testimony designations, an exhibit list, and copies of exhibits not previously produced in discovery.
Fourteen (14) days before the Initial Trial Setting, the parties shall exchange designations of deposition testimony to be offered in direct examination and a list of exhibits, including any demonstrative aids and affidavits, and shall exchange copies of any exhibits not previously produced in discovery;
Document Type
Pretrial Exchange
Filing & Service rules
Electronic Filing Rules
The court requires an Order Setting Hearing and does not accept a Notice of Hearing as the filing used to set the hearing.
Please Note: this Court does not accept “Notices of Hearings” only Orders Setting.
Page 1 | Requesting a Hearing
Filing Timing and Cure Windows
An objection or motion concerning expert qualification or reliability must be filed within seven days after expert discovery closes or it is waived.
Any objection or motion to exclude or limit expert testimony due to qualification of the expert or reliability of the opinions must be filed no later than seven (7) days after the close of expert discovery, or such objection is waived.
Page 2 | Pretrial matters
TRCP 166a(c) motions must be heard no later than 30 days before trial unless the court grants leave.
Except with leave of court TRCP 166a(c) motions must be heard no later than thirty (30) days before trial.
Page 2 | Pretrial matters
A motion to compel responses to discovery generally must be filed within seven days after fact discovery closes or it is waived, subject to the stated Rule 193.6 exception.
Any motion to compel responses to discovery (other than relating to factual matters arising after the end of fact discovery) must be filed no later than seven (7) days after the close of fact discovery or such complaint is waived, except for the sanction of exclusion under Rule 193.6
Page 2 | Pretrial matters
At least ten days before the Initial Trial Setting, the parties must exchange written objections to proposed exhibits, Rule 193.7 objections, and deposition testimony.
Ten (10) days before the Initial Trial Setting, the parties shall exchange in writing their objections to the opposing party's proposed exhibits, including objections under Rule 193.7, and deposition testimony.
Page 3
By 4 p.m. on the Thursday before the Initial Trial Setting, the parties must file the specified Rule 166 materials, trial-length estimate, direct-examination deposition designations, and any motions in limine.
By 4 p.m. on the Thursday before the Initial Trial Setting, the parties shall file with the Court the materials stated in Rule 166(d)-(m), an estimate of the length of trial, designation of deposition testimony to be offered in direct examination, and any motions in limine.
Page 3
Responsive amended pleadings may be filed up to two weeks after the timely pleading to which they respond, even if after the general amended-pleadings deadline.
Amended pleadings responsive to timely filed pleadings under this schedule may be filed after the deadline for amended pleadings if filed within two (2) weeks after the pleading to which they respond.
Page 2 | Pretrial matters
Service and Proof of Service Rules
A party joining an additional party must serve the scheduling order on the new party concurrently with the pleading that joins the party.
The party joining an additional party shall serve a copy of this Order on the new party concurrently with the pleading joining that party.
Page 2 | Joinder of additional parties
Adjournment & Extension Requirements
A continuance or reset of the initial trial setting does not change the order’s deadlines unless the court provides otherwise, and missed deadlines do not support a motion to continue the case.
Reset or continuance of the Initial Trial Setting will not alter any deadlines established in this Order or established by the Texas Rules of Civil Procedure unless otherwise provided by order. If not reached as set, the case may be carried for that week. FAILURE TO COMPLY WITH THE DEADLINES CONTAINED HEREIN SHALL NOT SUPPORT A MOTION TO CONTINUE THIS MATTER.
Page 1 | Scheduling Order (Level 3)
Before contacting the court, the parties must confer; when they agree, they must file an agreed motion and submit an agreed order, and no continuance or reset is granted until the judge signs the order.
Prior to contacting the Court, both parties must confer with each other in order to avoid unnecessary court time. If both parties are in agreement, please file your agreed motion and submit an agreed order for the Judge’s approval. The Judge may require a hearing. The continuance or reset is not granted until the Judge’s signature is on the order.
Page 1 | Requesting a Continuance or resetting of a hearing
A request to reset a hearing requires the opposing party’s agreement by email, which must be forwarded to the Court Coordinator with the request.
To a request a reset of a hearing you must get the agreement of the opposing party via email. Forward the agreement to the coordinator with your request.
Page 1 | Requesting a Continuance or resetting of a hearing
Chambers Communication Rules
Unless the court sets a hearing at its convenience, request available dates from the Court Coordinator by email, copy all parties, and state the hearing duration needed.
Unless you want a hearing set at the Court’s convenience, request potential hearing dates from the Court Coordinator via email with all parties copied on the email. Please include how much time you need set aside for the hearing in the email.
Page 1 | Requesting a Hearing
After the parties agree, email the agreed date and time to the Court Coordinator while copying all parties, and electronically file an Order Setting Hearing for the judge’s signature.
Once the parties have agreed to a date and time, email the Court Coordinator with the agreed date and time and e-file an Order Setting Hearing for Judge to sign. Make sure you copy all parties on the email with the agreed setting.
Page 1 | Requesting a Hearing
The Court Coordinator will reply to all recipients with available hearing dates and times, but the Coordinator should not be copied on party discussions about which date is preferable.
The Coordinator will then “reply all” with available dates and times. Please do not copy the Court Coordinator with all the discussions of which date is best.
Page 1 | Requesting a Hearing