Judge Leah Robertson
Individual Rules, Standing Orders & Policies
Communication
Chambers
Document Format Requirements2 rules
Digital exhibit files must use .pdf, .mp3, or .mp4 extensions; each PDF must be no larger than 100 MB, each audio or video file no larger than 2 GB, and cumulative size no larger than 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.
Before trial, sequentially number all exhibits beginning with 1, do not use letters, and make all exhibits one-sided.
Prior to trial, mark all exhibits with sequential numbers beginning with 1, 2, 3, and so on. Do not use alphabet letters. All exhibits are to be one-sided.
Document Filing Requirements4 rules
Before trial, provide the Court Reporter with a list of the numbered exhibits.
Prior to trial, provide a list of numbered exhibits to the Court Reporter.
Document Type
Exhibit List
After agreeing on a hearing date and time, email the Court Coordinator and e-file an order setting the hearing for the judge’s signature, copying all parties.
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.
Document Type
Order Setting Hearing
The parties must file the materials required by Rule 166(d)-(m) by 4 p.m. on the Thursday before the initial trial setting.
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)
Document Type
Pretrial Materials
The parties must file an estimate of trial length, designations of deposition testimony for direct examination, and any motions in limine by 4 p.m. on the Thursday before the initial trial setting.
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.
Document Type
Pretrial Materials
Filing & Service rules
Filing Timing and Cure Windows
Except when the court grants leave, Texas Rule of Civil Procedure 166a motions must be heard no later than 30 days before trial.
Except with leave of court TRCP 166a(c) motions must be heard no later than thirty (30) days before trial.
Page 1 | 2. Pretrial Matters and Deadlines
The required pretrial materials, trial-length estimate, direct-examination deposition designations, and any motions in limine must be filed by 4 p.m. on the Thursday before the initial trial setting.
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 2 | 7. Pretrial Exchanges and Filings
Most motions to compel discovery responses are waived unless filed within seven days after fact discovery closes, except motions seeking exclusion under Rule 193.6.
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 | 4. Expert Testimony Objections and Discovery Motions
The parties must exchange written objections to opposing proposed exhibits and deposition testimony no later than 10 days before the initial trial setting.
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 2 | 7. Pretrial Exchanges and Filings
Challenges to an expert's qualifications or the reliability of the expert's opinions are waived unless filed within seven days after expert discovery closes.
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 | 4. Expert Testimony Objections and Discovery Motions
At least 14 days before the initial trial setting, the parties must exchange deposition-testimony designations, exhibit lists, and copies of previously unproduced exhibits; over-designation may be sanctioned.
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; over-designation is strongly discouraged and may be sanctioned.
Page 2 | 7. Pretrial Exchanges and Filings
Responsive amended pleadings may be filed within two weeks after the pleading they respond to, notwithstanding the ordinary 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 1 | 2. Pretrial Matters and Deadlines
Resetting or continuing the initial trial setting ordinarily will not alter deadlines in the scheduling order or under the Texas Rules of Civil Procedure unless a court order provides otherwise.
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.
Page 1 | 1. Initial Trial Setting
The parties may alter the scheduling-order deadlines through a written agreement.
The parties may by written agreement alter these deadlines.
Page 1 | 2. Pretrial Matters and Deadlines
Lead attorneys for all parties must confer on pretrial stipulations and seek to maximize agreement no later than 10 days before the initial trial setting.
On or before ten (10) days before the Initial Trial Setting, the attorneys in charge for all parties shall confer on stipulations regarding the materials to be submitted to the Court under this paragraph and attempt to maximize agreement on such matters.
Page 2 | 7. Pretrial Exchanges and Filings
Service and Proof of Service Rules
A party joining an additional party must serve a copy of 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 | Scheduling Order - Bench Trial
A party joining an additional party must serve the scheduling order on the new party concurrently with the pleading that effects the joinder.
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 | 6. Joinder of Additional Parties
Adjournment & Extension Requirements
When the parties agree, file the agreed motion and submit an agreed order; the continuance or reset is not granted until the judge signs the order.
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 re-set is not granted until the Judge’s signature is on the order.
Page 1 | Requesting a Trial Continuance or Resetting of a Hearing
The parties must confer with each other before contacting the court regarding a trial continuance or hearing reset.
Prior to contacting the Court, both parties must confer with each other in order to avoid unnecessary court time.
Page 1 | Requesting a Trial Continuance or Resetting of a Hearing
Chambers Communication Rules
Before trial, email the Court Coordinator the proposed or suggested jury charge in Word format.
Prior to trial, email your proposed or suggested charge to the Court Coordinator in Word format.
Page 1 | Jury Charge
Daily Copy and Real Time must be requested by emailing the court reporter 60 days before trial.
Daily Copy and/or Real Time MUST be requested 60 days prior to trial. You MUST contact the court reporter 60 days prior to trial via email for these requests.
Page 1 | Daily Copy
Email Heather Henderson at hbenderson@mcounty.com if the case settles or to obtain docket status.
If your case settles or for docket status, please email Heather Henderson at hbenderson@mcounty.com
Page 1 | CIVIL TRIAL DOCKET
Request available hearing dates from the Court Coordinator by email, copying all parties and stating the amount of hearing time 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
Request a transcript by emailing the court reporter the cause number, case style, hearing date, and requested record portions.
Email Sherri Capps, the Official Court Reporter of the 385th District Court the cause number, style of the case, date of hearing, and requested portions of record.
Page 1 | Requesting a Transcript