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Court Rules
Judge

Judge Trish Coleman Byars

Individual Rules, Standing Orders & Policies

Rules last changed:
Montague County District Court, Texas

Adjournments

  • A not-ready announcement must state specific reasons and be accompanied by a detailed and proper motion for continuance.
  • Agreed, first, or automatic continuances and passes of cases set for hearing are prohibited.
  • A pretrial hearing may be continued only upon a written motion filed before the hearing.
  • +2 more

Request must include

Reason for RequestProposed Rescheduled Date
  • Continuance motions must be specific and presented at least 10 days before the hearing or trial; motions based on a scheduling conflict must include the specified case, court, judge, and contact information.
Reason for Request
Filters:

Document Format Requirements12 rules

FormattingMandatory

The oversized or enlarged exhibit shall only be utilized for demonstrative purposes to the fact finder; however, the 8-1/2 x 11 copy will become the official exhibit for record purposes.

FormattingMandatory

All scanned exhibits shall be made searchable using optical-character-recognition (OCR) software, such as Abode Acrobat.

FormattingMandatory

Audio or video files exceeding their size limits must be divided into compliant files and labeled on both the exhibit exterior and the media device file name using the stated example format.

Court's wording

In the event that the audio or video file exceeds these size limits, the file shall be divided into separate files that do not exceed the stated limits and shall be labeled (both on the outside of the exhibit and the file name on the media storage device) with the following format as an example: "Exhibit ____--Defendant Smith Statement—1 of 2"

FormattingMandatory

IT IS FURTHER ORDERED that audio exhibits may not exceed 100 MB in any single file.

Applies to
  • Exhibits

Formatting

  • An audio exhibit may not exceed 100 MB in any single file
FormattingMandatory

The computer file must not be password protected, encrypted, or protected by rights management.

FormattingMandatory

IT IS FURTHER ORDERED that all oversized or enlarged exhibits shall be accompanied by 8-1/2 x 11 copies, with a marked exhibit sticker on the front, which the Court Reporter shall retain for the record on appeal.

FormattingMandatory

Video files may not exceed 5 GB in any single file.

FormattingMandatory

Media admitted as an exhibit may contain only the segments offered, which must be copied onto a separate disk when only some segments are offered.

Court's wording

Further, only segments offered as an exhibit can be on the audio or video media admitted as an exhibit; e.g., for a disc of jail phone calls with 50 calls, if only certain calls are being offered, then only those calls to be offered should be copied onto a separate disk and the separate disk offered as an exhibit.

FormattingMandatory

IT IS FURTHER ORDERED that each computer file of a text document must be submitted in text searchable Portable Document Format (PDF), compatible with the latest version of Abode Reader.

File type
PDF
Applies to
  • Text document
FormattingMandatory

A sponsoring party must ensure electronic media exhibits are in a format accepted by the appropriate Court of Appeals or convert them to an acceptable format.

Court's wording

Effective immediately, the following order shall apply to all parties when seeking to introduce an audio, video, CD, DVD, or other electronic media storage devices. The Court ORDERS that the sponsoring part of such media exhibits shall ensure that it is in a format that may be uploaded and accepted by the appropriate Court of Appeals applying its guidelines at the time of the admission of the exhibit. In the event that the exhibit is not in a format acceptable to the appropriate Court of Appeals, the sponsoring party shall convert the item to an acceptable format.

FormattingMandatory

In the even that a case is on appeal and the Court of Appeals cannot open an exhibit that was admitted, the sponsoring party that offered the exhibit will be responsible for providing the Court Reporter with the exhibit in an acceptable format.

FormattingMandatory

Any exhibits that the party desires to utilize in an oversized form shall be an exact replica of the exhibit that was admitted.

Document Filing Requirements36 rules

Filing RequirementsMandatory

A setting request must identify the proceeding and its estimated duration, disclose unresolved discovery or pretrial matters, and certify delivery of a copy to opposing counsel and pro se parties.

Court's wording

Requests for settings shall be made in writing and timely delivered to the District Court Coordinator and to opposing counsel or pro se parties. The request shall: (a) Advise that the case is either a hearing, a non-jury trial or a jury trial and state the estimated time of the entire hearing, non-jury trial or jury trial; (b) Advise which, if any, discovery and other pretrial matters remain unresolved; and (c) Certify that a copy of the request has been delivered to all opposing counsel and pro se parties.

Filing RequirementsMandatory

(a) All motions shall contain a certificate by the party filing the same that efforts to resolve the dispute without Court intervention have been attempted and failed. (b) Any motion omitting such certificate shall not be set for hearing until such certification has been filed.

Filing RequirementsMandatory

(iii) A statement that all pretrial matters have been disposed of and that all pretrial orders and the Local Rules have been complied with.

Filing RequirementsMandatory

(I) In a civil case, a statement that the announcing party has made a bona fide offer of settlement that has been rejected and that all reasonable efforts to settle have been attempted,

Filing RequirementsMandatory

(ii) An estimate of the time required for trial,

Filing RequirementsMandatory

(iv) A certificate that the person signing the announcement is the attorney in charge of the case and that the information set out therein is true.

Filing RequirementsMandatory

Full completion of these forms shall be an absolute requirement before a request for appointment of an attorney by a defendant will be considered by the Court.

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|Section8.4. Indigency and Appointment of Counsel
Filing RequirementsMandatory

The Court may permit a plea bargain with sentencing at a later date only if it enters a written order stating the defendant’s reappearance date and the specific plea-bargain terms.

Court's wording

(e) The Court may, at its discretion, permit the entry of a guilty plea pursuant to a plea bargain agreement which provides that the defendant will appear at a later date for sentencing, but only in those instances where the Court enters a written order setting for the specific date for re-appearance by the Defendant and the specific terms of the plea bargain.

Filing RequirementsMandatory

(c) All plea papers, except those actually required to be signed before the Judge in open court, shall be fully completed and sworn to prior to the appearance of counsel and the Defendant before the bench or within the bar of the court.

Filing RequirementsMandatory

Counsel must provide written ready-or-not-ready announcements to the District Court Coordinator at least 10 days before the jury term begins, including an estimate of trial time.

Court's wording

(a) All counsel shall file announcements of "ready" or "not ready" shall be received by the District Court Coordinator in writing at least ten (10) days prior to the first day of jury term, according to the requirements of Local Rule 4.7(h); announcements shall also state an estimate of the time required to try the case.

Filing RequirementsMandatory

(b) Announcements of "not ready" shall be made in a detailed Motion for Continuance in proper form, containing a detailed explanation of why the case is not ready for trial. Failure to announce properly will be considered an announcement of "ready" by the Court.

Filing RequirementsMandatory

An agreed scheduling order must include the stated familiarity and compliance statements and be filed before the scheduled conference.

Court's wording

Such an agreed order must contain a statement that all counsel and/or pro se parties are familiar with the Court's Local Rules and the same must conform to the time standards of the Rules of Judicial Administration, and must be filed with Court before the date of the scheduled Pretrial Scheduling Conference.

Tx Montague District:598d11ef84faea90cc32f4c8 · p. 11
|Section9.3. Pretrial Scheduling Conference Procedure
Filing RequirementsMandatory

(f) All items described in the Texas Rules of Civil Procedure 166(k) shall be presented to the Court at the Final Pretrial Conference.

Filing RequirementsMandatory

and any objections to such exhibits shall be presented, in writing, at the Final Pretrial Conference.

Filing RequirementsMandatory

Requests for issuance of writs, citation, citation for expedited foreclosure, any notice, precept, show cause notice or temporary restraining order shall be filed with the District Clerk using the form "E-Filing Request for Issuance" available on the Court's website.

Tx Montague District:598d11ef84faea90cc32f4c8 · p. 15
|Section9.11. Requests for Issuance of Citation, Orders, etc.
Filing RequirementsMandatory

Requests for issuance of Abstracts of Judgment and/or Writs of Execution shall be filed with the District Clerk using the form "E-Filing Request for Issuance of Abstract of Judgment and/or Writ of Execution" available on the Court's website.

Tx Montague District:598d11ef84faea90cc32f4c8 · p. 15
|Section9.11. Requests for Issuance of Citation, Orders, etc.
Filing RequirementsMandatory

Requests for Orders of Sale shall be filed with the District Clerk using the form "e-Filing Request for Issuance for an Order of Sale" available on the Court's website.

Tx Montague District:598d11ef84faea90cc32f4c8 · p. 15
|Section9.11. Requests for Issuance of Citation, Orders, etc.
Filing RequirementsMandatory

Every temporary-orders hearing requires use of the Court’s short form, compiled by counsel insofar as possible before the hearing, with the original provided to the Court before or during the hearing.

Court's wording

A temporary orders short form available on the Court's website and from the District Clerk's Office shall be used in every temporary orders hearing and shall be compiled by counsel insofar as possible before the hearing; the original copy of the form shall be provided to the Court by counsel or pro se party before or during the hearing.

Filing RequirementsMandatory

In a family law case seeking an ex parte support order, the temporary orders must include the specified income-statement language requiring filing and service by the day before the hearing.

Court's wording

In all family law cases in which an ex parte order involving temporary orders for support is requested, the party seeking such temporary orders hearing shall include the following language in the temporary orders: All parties to this action shall file with the District Clerk and serve all counsel or pro se parties with a written statement accurately showing the gross income of each party hereto for the preceding three (3) calendar months and the preceding three (3) calendar years by at least the day preceding the hearing on temporary orders.

Filing RequirementsMandatory

Whether or not agreement is reached, all counsel and parties shall sign one completed temporary orders form before leaving court and file the original of that form with the District Clerk after the same is approved by the Court.

Filing RequirementsMandatory

All counsel shall retain a copy of the completed form and file a copy of it with the Court with the formal Temporary Orders.

Filing RequirementsMandatory

For temporary-support matters, each party must provide the Court and opposing counsel or a pro se party specified income, tax, earnings, and financial-statement records.

Court's wording

(e) In all cases in which temporary support of a spouse and/or a child or children is in issue, each party shall be required to furnish to the Court and to opposing counsel or pro se party: (I) A statement of monthly income and expenses similar to that available on the Court's website. (ii) Copies of that party's federal income tax return for the two (2) calendar years prior to the temporary orders hearing; (iii) All payroll statements, pay stubs, W-2 forms, and 1099 forms which evidence the party's earnings for the calendar year prior to the temporary orders hearing and from January 1 of the current year through the date of the temporary orders hearing; (iv) Copies of all financial statements filed by that party with a financial institution in the two (2) years prior to the hearing.

Filing RequirementsMandatory

In dissolution-of-marriage suits, each party must file a sworn, itemized inventory and appraisement with the District Clerk at least 30 days before trial, including specified property, debts, and values.

Court's wording

(a) In all suits for the dissolution of marriage, each party shall file with the District Clerk, no later than thirty (30) days prior to the commencement of trial, a complete, itemized, sworn inventory and appraisement of all separate and community property owned or claimed by the parties to the marriage, and all debts and liabilities owed by the parties. Any property claimed to belong to children of the marriage must also be listed in the inventory and appraisement. This inventory shall list each item of property and each debt, with the value of that item shown to the right of the property description.

Filing RequirementsMandatory

After the sworn inventories are filed, the Petitioner must initiate and forward a composite inventory at least 14 days before trial, and the Respondent must complete and file it at least 7 days before trial.

Court's wording

(b) After each party's sworn inventory and appraisement has been filed, the parties shall file a composite inventory and appraisement in a form substantially similar to that on the Court's website. The Petitioner shall initiate the composite inventory and forward it to the Respondent for completion not less than fourteen (14) days prior to the trial. The Respondent shall complete and file the composite inventory with the Court and serve a copy of the same on Petitioner not less than seven (7) days prior to trial.

Filing RequirementsMandatory

Every final order submitted to the Court for approval which contains provisions for child support shall be accompanied by an order or writ for income withholding in accordance with Chapter 158, Texas Family Code, as amended.

Filing RequirementsMandatory

Parties in child-support actions must file a statement of all adult parties’ gross income for the preceding three years and three months.

Court's wording

All parties in an action involving child support shall file with the Court a written statement setting forth the accurate gross income of all adult parties to the proceeding for the preceding three (3) calendar years and the preceding three (3) calendar months.

Filing RequirementsMandatory

All persons presenting said order or writ for income withholding shall also submit an “e-Filing Request for Issuance for an Order Withholding to Employer’s” to the District Clerk, available on the Court’s website.

Filing RequirementsMandatory

At the conclusion of all divorces/annulments (with or without children) excluding adoptions, the party submitting a decree or order to the Court must also present, at the same time, a completed form entitled AInformation on Suit Affecting the Family Relationship (Excluding

Filing RequirementsMandatory

All decrees, judgments and orders for support shall include provisions stating the manner and place of payment in compliance with the Local Rules and shall include the proper address of the SDU.

Filing RequirementsMandatory

Each counsel or pro se party shall also file with the Court a written statement setting forth his calculation of the amount of child support sought to be ordered by the Court in that proceeding.

Filing RequirementsMandatory

Every proposed order containing child-support provisions must be accompanied by a compliant medical support order.

Court's wording

Every order submitted to the Court for approval which contains provisions for child support shall be accompanied by a medical support order in conformance with the requirements of Texas Family Code Sec. 154.181, as amended

Filing RequirementsMandatory

Counsel or a pro se party seeking deductions from gross income must prepare a statement identifying the deductions and explaining why the Court should allow them.

Court's wording

Each counsel or pro se party shall also prepare a written statement showing any items for which a deduction from gross income (except Social Security tax and income tax withheld) is sought, including a written statement of the reasons such deduction should be allowed by the Court.

Filing RequirementsMandatory

The Petitioner, upon presenting a signed copy of a final order for adoption to the District Clerk shall, at the same time, present a completed Certificate of Adoption.

Filing RequirementsMandatory

Counsel and pro se parties must present a document with the specified property and support information before a final divorce hearing where property division is contested; they may use the Court’s website form.

Court's wording

Counsel for each party and each pro se party shall present to the Court prior to the final divorce hearing in which property division is contested, a document containing the following information: (a) Community assets requested to be awarded to each of the respective parties; (b) Community liabilities requested to be awarded to each of the respective parties; (c) Assets or liabilities requested to be confirmed to each of the respective parties as separate property; and (d) Information for calculating support. (e) The document submitted may follow the format in the form available on the Court's website.

Tx Montague District:598d11ef84faea90cc32f4c8 · p. 21
|Section10.7. Proposed Division of Community Estate and Proposed Support Decision
Filing RequirementsImportant

Any matters requested by defense counsel which are not addressed or provided in a State's Disclosure document filed with the Court shall be requested by a specific, separate motion identifying each item or thing sought.

Filing RequirementsImportant

(d) In the event an agreement completely settling all property, custody and support issues in the suit is entered into prior to the final hearing, then the filing of inventories under this Local Rule shall not be required.

Filing & Service rules

Electronic Filing Rules

Witness subpoenas must be processed through the Office of the District Clerk using the e-Filing Request for Issuance of a Subpoena form.

(b) Subpoenas for witnesses must be processed through the Office of the District Clerk using the form e-Filing Request for Issuance of a Subpoena.

Page 14 | 9.7. Presence of Witnesses.

The Court Coordinator will not forward documents to District Clerks in the 97th Judicial District unless counsel complies with Rule 3.4.

The Court Coordinator will not forward documents to the District Clerks within the 97th Judicial District unless counsel complies with Rule 3.4 below.

Page 2 | 2.3. Original Documents

A sender requesting that items be forwarded to a District Clerk or returned must provide an appropriately sized, addressed, and sufficiently postage-paid envelope.

If items are to be forwarded by the District Judge or District Court Coordinator to a District Clerk or are to be returned to the sender, then the sender shall provide an envelope of appropriate size, properly addressed with sufficient postage affixed for such forwarding.

Page 2 | 2.4

All mail must be properly addressed and carry adequate postage.

All mail shall be properly addressed and have adequate postage affixed.

Page 2 | RULE 2. FILING AND MAILING PROCEDURES

When filing deadlines are time-sensitive, the original motion or other document should be sent directly to the District Clerk, with a separate order or fiat sent to the District Court Coordinator.

If time is of the essence in meeting filing deadlines, the original motion or other document should be sent directly to the District Clerk at that Clerk's addressed as listed in the current Texas Legal Directory and a separate order or fiat should be sent to the District Court Coordinator at the address listed for the District Court Coordinator in the current Texas Legal Directory.

Page 2 | 2.4

Mail, including specified original setting orders that were not electronically filed, must be delivered to the Court Coordinator at the website address.

All mail, including original orders for settings not electronically filed which require the District Judge's attention or signature shall be delivered to the Court Coordinator at the address listed on the Court's website.

Page 2 | 2.2 Mail Delivery

The Court Coordinator will not file documents.

The Court Coordinator will not file documents.

Page 2 | 2.3. Original Documents

Original documents not electronically filed that do not require the District Judge’s signature must be mailed to the respective District Clerk.

Original documents to be filed, other than those electronically filed, which do not require the District Judges signature shall be mailed to the respective District Clerk.

Page 2 | 2.3. Original Documents

Filing Timing and Cure Windows

Counsel and pro se parties must file and present preliminary matters at the specified conferences, not on the day of trial or during trial.

It shall be the duty of all counsel and pro se parties to file and present to the Court all preliminary matters at the scheduling, pretrial conferences and final pretrial conferences. No preliminary matters may be presented on the day of trial or during trial.

Page 11 | 9.2. Duty of Counsel

An agreed scheduling order must be filed before the scheduled Pretrial Scheduling Conference.

Such an agreed order must contain a statement that all counsel and/or pro se parties are familiar with the Court's Local Rules and the same must conform to the time standards of the Rules of Judicial Administration, and must be filed with Court before the date of the scheduled Pretrial Scheduling Conference.

Page 11 | 9.3. Pretrial Scheduling Conference Procedure

Final pretrial matters, pleadings, and required discovery documents must be filed at least seven days before the conference, or earlier if law or court order requires.

All matters, including final pleadings and required discovery documents, shall be filed at least seven (7) days prior to the date the Final Pretrial Conference is scheduled or earlier if otherwise provided by law or order of the Court and shall be served on all opposing counsel and pro se parties with a copy provided to the Court.

Page 12 | 9.6. Final Pretrial Conference

The specified income statement must be filed with the District Clerk by at least the day before the temporary-orders hearing.

All parties to this action shall file with the District Clerk and serve all counsel or pro se parties with a written statement accurately showing the gross income of each party hereto for the preceding three (3) calendar months and the preceding three (3) calendar years by at least the day preceding the hearing on temporary orders.

Page 16 | 10.1 Ex Parte Orders

The short form does not replace formal Temporary Orders, which must be filed with the Court within four working days after the hearing.

The form is not a substitute for the entry of formal Temporary Orders, which must be filed with the Court within four (4) working days after the hearing.

Page 16 | 10.2 Temporary Orders

Service and Proof of Service Rules

Setting requests must be made in writing and timely delivered to the District Court Coordinator and opposing counsel or pro se parties.

Requests for settings shall be made in writing and timely delivered to the District Court Coordinator and to opposing counsel or pro se parties.

Page 3 | 4.1 Setting Requests

Immediately after an indictment is returned, the District Clerk, District Attorney, and Sheriff must cause a certified copy to be served on the accused.

Immediately following the return of an indictment, the District Clerk, District Attorney and Sheriff of the pertinent County shall cause a certified copy thereof to be served on the accused.

Page 7 | 8.1. Service of Indictments

Final pretrial matters, pleadings, and required discovery documents must be served on opposing counsel and pro se parties at least seven days before the conference.

All matters, including final pleadings and required discovery documents, shall be filed at least seven (7) days prior to the date the Final Pretrial Conference is scheduled or earlier if otherwise provided by law or order of the Court and shall be served on all opposing counsel and pro se parties with a copy provided to the Court.

Page 12 | 9.6. Final Pretrial Conference

Exhibits must be exchanged with all parties as required by the Scheduling Order or, if there is no Scheduling Order, at least three days before the Final Pretrial Conference.

(e) All exhibits, including filings required by the Texas Rules of Evidence, shall be exchanged with all parties as ordered by the Scheduling Order in the case, or, if no scheduling order was issued, then such exhibits shall be exchanged not later than three (3) days prior to the Final Pretrial Conference;

Page 13

The proffering attorney must serve opposing counsel any further deposition page-and-line designations at least 7 days before the Final Pretrial Conference.

The proffering attorney shall then serve opposing counsel with page and line designations of any portion of the videotape deposition he or she further intends to introduce at trial not later than 7 days prior to the Final Pretrial Conference.

Page 14 | 9.9. Videotapes and Films.

Unless the parties agree in writing or the Court orders otherwise, counsel offering trial videotapes or films other than those offered solely for impeachment must make them available to opposing counsel and serve deposition page-and-line designations at least 14 days before the Final Pretrial Conference.

(a) Unless otherwise expressly agreed upon by the parties in writing or order by the Court, counsel intending to offer videotaped depositions or other films or videotapes at trial, except those offered solely for impeachment, must make such videotapes and films available to opposing counsel and serve opposing counsel with page and line designations for videotaped depositions, not later than 14 days prior to the Final Pretrial Conference.

Page 14 | 9.9. Videotapes and Films.

Opposing counsel must serve the proffering attorney deposition page-and-line designations at least 10 days before the Final Pretrial Conference.

Opposing counsel shall then serve the proffering attorney with page and line designations of any portion of the videotaped deposition he or she intends to introduce at trial not later than 10 days prior to the Final Pretrial Conference.

Page 14 | 9.9. Videotapes and Films.

The bankrupt party’s attorney must ensure that the Court is contacted immediately and that written notice with specified bankruptcy information is provided to the Court and all counsel within three days of the filing.

Whenever any party to litigation in this Court files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party's attorney to notify the attorney appearing for the party in bankruptcy to (i) promptly notify this Court by immediately contacting the District Court Coordinator and to (ii) within three (3) days of any bankruptcy filing to provide written notice to the Court and to all counsel in the case that a bankruptcy filing has occurred, giving the name and location of the bankruptcy court, the bankruptcy cause and case number and style of the case, the date of filing and the name and address of counsel for the bankrupt.

Page 15 | 9.10. Bankruptcy

An application for a temporary order and notice of its hearing must be served 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 thereon shall be served on the adverse party in accordance with Rule 5 and Rule 21a of the Texas Rules of Civil Procedure, as amended.

Page 16 | 10.2 Temporary Orders

The written income statement must be filed with the District Clerk and served on counsel or pro se parties no later than the day before the temporary-orders hearing.

All parties to this action shall file with the District Clerk and serve all counsel or pro se parties with a written statement accurately showing the gross income of each party hereto for the preceding three (3) calendar months and the preceding three (3) calendar years by at least the day preceding the hearing on temporary orders.

Page 16 | 10.1 Ex Parte Orders

The Respondent must serve a copy of the completed composite inventory on the Petitioner at least 7 days before trial.

The Respondent shall complete and file the composite inventory with the Court and serve a copy of the same on Petitioner not less than seven (7) days prior to trial.

Page 18 | 11.4. Inventories.

Parties and counsel must timely examine tendered videotapes or films and notify the Court and opposing counsel of admissibility objections.

(c) All parties and counsel must timely examine any tendered videotapes or films and notify the Court and opposing counsel of any objections to the admissibility of any part of the videotape or film.

Page 14 | 9.9. Videotapes and Films.

After a bankruptcy case concludes, counsel must promptly notify the District Court Coordinator and provide a copy of the bankruptcy order.

Once a bankruptcy case has been concluded, whether by discharge, denial of discharge, dismissal or otherwise, counsel shall promptly notify the District Court Coordinator and shall provide a copy of such bankruptcy order so that the affected case may be restored to the active docket or be dismissed as may be appropriate.

Page 15 | 9.10. Bankruptcy

Filing Fees and Waivers

Applicable subpoena issuance fees must be paid before the subpoenas are issued.

Applicable fees for issuance must be paid before subpoenas are issued.

Page 14 | 9.7. Presence of Witnesses.

Sealing & Redaction Procedures

Interview content is confidential, and any record must be sealed unless the Court opens it by written order after considering a motion showing good cause.

The content of the interview will remain confidential and any record made of the same by the Court Reporter or Court-designated witness shall be sealed unless opened by written order of the Court after consideration of a motion showing good cause.

Page 21 | 10.9. Interviews with Children

Files in which CPS or DFPS appears as petitioner are sealed and confidential; access is limited to parties or persons granted access for good cause by the Court.

IT IS HEREBY ORDERED that all files in which Child Protective Services (CPS) or the Department of Family and Protective Services (DFPS) of the State of Texas appear as Petitioner in the counties comprising the 97th Judicial District of Texas are SEALED. IT IS FURTHER ORDERED that such files are confidential and that no person or entity is permitted to access such records unless such person or entity is a party to the action or for good cause shown, as determined by the Court.

Civil cases

Page 1 | STANDING ORDER ON SEALING CPS CASES

Pre-Motion Conference Requirements

Before filing a motion, moving counsel must confer with affected parties' counsel about opposition, except for motions to dismiss the entire action or indictment, motions for summary judgment, and motions for new trial.

Before filing any motion, counsel for a moving party shall confer with counsel for all parties affected by the requested relief to determine whether or not the contemplated motion will be opposed. Such a conference is required for all motions, except motions to dismiss the entire action or indictment, motions for summary judgment and motions for new trial.

Page 4 | 4.3 Conference Required

Adjournment & Extension Requirements

A not-ready announcement must state specific reasons and be accompanied by a detailed and proper motion for continuance.

All announcements of “not ready” must state specific reasons therefore and shall be accompanied by a detailed and proper motion for continuance.

Page 5 | 4.7. Jury Dockets

Continuance motions must be specific and presented at least 10 days before the hearing or trial; motions based on a scheduling conflict must include the specified case, court, judge, and contact information.

All motions for continuance must be specific and presented at least ten (10) days before the scheduled hearing or trial. If the basis for a continuance is a conflict in settings, the specific style, docket number, court, date of case filing, date of case setting, and the judge scheduled to hear the case will be included in the motion, together with the name, address and telephone number of the person with the other court to be contacted for information regarding the case.

Page 7 | 7.3. Continuances and Passing of Civil Cases

A pretrial hearing may be continued only upon a written motion filed before the hearing.

No pretrial hearings will be continued except upon written motion filed prior to the hearing.

Page 8 | 8.5. Pretrial Procedure

A continuance of a jury-docket case to a later plea setting will be considered only if Chapter 29 authorizes it or the specified approved joint resetting order is presented.

(d) Continuances of cases on jury docket to a subsequent plea setting will be considered by the Court only if Texas Code of Criminal Procedure Chapter 29 authorizes the continuance OR: (I) A joint resetting order approved by the State and the defense is presented to the Court; (ii) The order provides for a specific date on a summary docket date for the setting; (iii) The order provides that all counsel and the defendant will be present on the specified date; and (iv) The order is signed for approval by all counsel and the defendant and complies with Texas Code of Criminal Procedure Chapter 29.

Page 9 | Rule 8

Agreed, first, or automatic continuances and passes of cases set for hearing are prohibited.

There shall be no “agreed,” “first” or “automatic” continuances or passes of cases set for hearing.

Page 7 | 7.3. Continuances and Passing of Civil Cases

First-setting or agreed continuances are prohibited unless Chapter 29 of the Texas Code of Criminal Procedure permits them.

No Afirst setting@ or Aagreed@ continuances will be permitted by the Court, except when permitted by Chapter 29 of the Texas Code of Criminal Procedure.

Page 8 | 8.5. Pretrial Procedure

Common questions about Judge Trish Coleman Byars's rules

Does Judge Trish Coleman Byars require a pre-motion conference or letter before filing a motion?

Before filing a motion, moving counsel must confer with affected parties' counsel about opposition, except for motions to dismiss the entire action or indictment, motions for summary judgment, and motions for new trial.

View ruleSource: page 4, section 4.3 Conference Required

What formatting rules apply to filings before Judge Trish Coleman Byars?

Judge Trish Coleman Byars' formatting rule includes for audio, video, cd, dvd, or other electronic media exhibits, the sponsoring party must ensure the media is in a format that may be uploaded and accepted by the appropriate court of appeals under its guidelines at the time of admission; if it is not, the sponsoring party must convert it to an acceptable format..

View ruleSource: page 1, section STANDING ORDER REGARDING EVIDENCE

What must be included with setting request filings before Judge Trish Coleman Byars?

A setting request must identify the proceeding and its estimated duration, disclose unresolved discovery or pretrial matters, and certify delivery of a copy to opposing counsel and pro se parties.

View ruleSource: page 3, section 4.1 Setting Requests

What must be included with motion filings before Judge Trish Coleman Byars?

The rule requires certificate of conference. Every motion must include the filing party's certificate that efforts to resolve the dispute without court intervention were attempted and failed, and a motion without it cannot be set for hearing until the certificate is filed.

View ruleSource: page 4, section 4.3 Conference Required

How does Judge Trish Coleman Byars handle sealed or redacted filings?

Interview content is confidential, and any record must be sealed unless the Court opens it by written order after considering a motion showing good cause.

View ruleSource: page 21, section 10.9. Interviews with Children

How do I request an adjournment or extension before Judge Trish Coleman Byars?

The request must include reason for request. A not-ready announcement must state specific reasons and be accompanied by a detailed and proper motion for continuance.

View ruleSource: page 5, section 4.7. Jury Dockets

Is electronic filing required before Judge Trish Coleman Byars?

Yes. Electronic filing is required for the covered filings. Witness subpoenas must be processed through the Office of the District Clerk using the e-Filing Request for Issuance of a Subpoena form.

View ruleSource: page 14, section 9.7. Presence of Witnesses.

Are filing fees or waivers addressed before Judge Trish Coleman Byars?

A fee is required for covered filings. Applicable subpoena issuance fees must be paid before the subpoenas are issued.

View ruleSource: page 14, section 9.7. Presence of Witnesses.

What filing deadlines does Judge Trish Coleman Byars set?

Counsel and pro se parties must file and present preliminary matters at the specified conferences, not on the day of trial or during trial.

View ruleSource: page 11, section 9.2. Duty of Counsel

What rule applies to serving the opposing party before Judge Trish Coleman Byars?

Details: recipient: the opposing party. Setting requests must be made in writing and timely delivered to the District Court Coordinator and opposing counsel or pro se parties.

View ruleSource: page 3, section 4.1 Setting Requests
Complete rules summary for Judge Trish Coleman Byars

All mail must be properly addressed and carry adequate postage.

Mail, including specified original setting orders that were not electronically filed, must be delivered to the Court Coordinator at the website address.

Original documents not electronically filed that do not require the District Judge’s signature must be mailed to the respective District Clerk.

The Court Coordinator will not file documents.

The Court Coordinator will not forward documents to District Clerks in the 97th Judicial District unless counsel complies with Rule 3.4.

A sender requesting that items be forwarded to a District Clerk or returned must provide an appropriately sized, addressed, and sufficiently postage-paid envelope.

When filing deadlines are time-sensitive, the original motion or other document should be sent directly to the District Clerk, with a separate order or fiat sent to the District Court Coordinator.

A setting request must identify the proceeding and its estimated duration, disclose unresolved discovery or pretrial matters, and certify delivery of a copy to opposing counsel and pro se parties.

Setting requests must be made in writing and timely delivered to the District Court Coordinator and opposing counsel or pro se parties.

Before filing a motion, moving counsel must confer with affected parties' counsel about opposition, except for motions to dismiss the entire action or indictment, motions for summary judgment, and motions for new trial.

Every motion must include the filing party's certificate that efforts to resolve the dispute without court intervention were attempted and failed, and a motion without it cannot be set for hearing until the certificate is filed.

A not-ready announcement must state specific reasons and be accompanied by a detailed and proper motion for continuance.

A civil ready announcement must state that the announcing party made a rejected bona fide settlement offer and attempted all reasonable settlement efforts.

A ready announcement must estimate the time required for trial.

A ready announcement must state that all pretrial matters are resolved and all pretrial orders and Local Rules have been complied with.

A ready announcement must certify that its signer is the attorney in charge and that its information is true.

Agreed, first, or automatic continuances and passes of cases set for hearing are prohibited.

Continuance motions must be specific and presented at least 10 days before the hearing or trial; motions based on a scheduling conflict must include the specified case, court, judge, and contact information.

Immediately after an indictment is returned, the District Clerk, District Attorney, and Sheriff must cause a certified copy to be served on the accused.

The court will not consider a defendant’s request for appointment of an attorney unless the indigency and appointment-of-counsel forms are fully completed.

A pretrial hearing may be continued only upon a written motion filed before the hearing.

First-setting or agreed continuances are prohibited unless Chapter 29 of the Texas Code of Criminal Procedure permits them.

Except for plea papers that must be signed in open court, all plea papers must be completed and sworn to before counsel and the defendant appear before the bench or within the bar.

A continuance of a jury-docket case to a later plea setting will be considered only if Chapter 29 authorizes it or the specified approved joint resetting order is presented.

The Court may permit a plea bargain with sentencing at a later date only if it enters a written order stating the defendant’s reappearance date and the specific plea-bargain terms.

Discovery matters not addressed or provided in the State’s Disclosure document must be requested in a separate, specific motion identifying each item sought.

Counsel must provide written ready-or-not-ready announcements to the District Court Coordinator at least 10 days before the jury term begins, including an estimate of trial time.

A not-ready announcement must be made through a properly formed, detailed motion for continuance explaining why the case is not ready; an improper announcement is treated as ready.

Counsel and pro se parties must file and present preliminary matters at the specified conferences, not on the day of trial or during trial.

An agreed scheduling order must include the stated familiarity and compliance statements and be filed before the scheduled conference.