Montgomery County Courts at Law

Pleadings, motions, and other documents must be filed in accordance with the Texas Rules of Civil Procedure and applicable local e-filing requirements.

All pleadings, motions, and other documents shall be filed in accordance with the Texas Rules of Civil Procedure and applicable local e-filing requirements.

Page 13 | 3.1

Responses must be filed at least 24 hours before the court considers the motion unless the court grants leave for late filing; leave is assumed granted if the court rules without further setting.

Responses shall be filed at least 24 hours before the date and time of consideration by the court, unless leave for late filing is granted by the court. Leave is assumed granted if the Court rules without further setting on the motion.

Civil cases

Page 4 | Rule 10 — Hearings on Pre-Trial Motions

If the court renders an oral final order, the prevailing party must file the written final order by the date of entry.

In the event that the court renders an oral final order, the prevailing party shall prepare a written final order complying with the court's ruling and file the order by the date of entry.

Civil cases

Page 5 | Rule 13 — Entry of Final Orders

Untimely exhibits will not be considered or maintained in the record unless good cause is found.

Subject to a finding of good cause, the Court will not consider untimely provided exhibits, and such exhibits will not be maintained in the record.

Civil cases

Page 3 | II. General Procedures for Remote Hearings

effective immediately all eminent domain cases shall be filed in County Court at Law #2

effective immediately all eminent domain cases shall be filed in County Court at Law #2

Page 1 | Eminent domain case filings

Beginning October 1, 2023, eminent domain cases must be filed in Probate Court No. 1.

effective on October 1, 2023 all eminent domain cases shall be filed in Probate Court No. 1.

Page 1 | Eminent domain case filings

A defendant may be absent from an arraignment or pre-trial docket if the waiver and scheduling order are filed by noon on the preceding business day.

6,2 For all other settings, (Arraignment and Pre-Trial settings), the Defendant need not be present for the docket if a waiver of arraignment/reset with scheduling order is filed with the Court prior to noon the business day immediately prior to the Arraignment/Pre-Trial setting.

Page 2 | Rule 6 — Attendance at Settings

The waiver of arraignment and reset with scheduling order must be filed before noon on the business day immediately preceding the arraignment setting.

Defendants must be personally present in court, unless a waiver of arraignment and reset with scheduling order is filed with the Court prior to noon the business day immediately prior to the arraignment setting.

Page 3 | 8.1.1 Arraignment Settings

The agreement supporting a pretrial reset must be filed before noon on the business day immediately preceding the setting.

Defendants must be personally present at all Pre-Trial settings unless a reset has been granted by the Court upon the agreement of the State and the Defendant and filed with the Court prior to noon the business day immediately prior to the pretrial setting.

Page 4 | 8.2 Pre-Trial Settings

Except for emergency motions, notice of hearing or submission must be filed at least 10 calendar days before consideration.

Notice of hearing or submission as to all motions shall be filed and served as required by the law and/or the Texas Rules of Civil Procedure, but, other than emergency motions, in no event fewer than 10 calendar days before the date and time of consideration.

Civil cases

Page 4 | Rule 10 — Contested Motions

The prevailing party must file the written final order by the date the court sets for entry.

In the event that the court renders an oral final order, the prevailing party shall prepare a written final order complying with the court's ruling and file the order by the date the court sets for entry.

Civil cases

Page 5 | Rule 13 Entry of Final Orders

Responses must be filed at least 24 hours before the court considers them, subject also to applicable law and the Texas Rules of Civil Procedure.

Responses shall be filed as required by the law and/or the Texas Rules of Civil Procedure, but in no event less than 24 hours before the date and time of consideration by the court.

Civil cases

Page 5 | 10.4 Written Responses

A party must contest the order by presenting evidence at a hearing no later than fourteen days after service of the filing of the original petition; otherwise, the order continues as a temporary injunction until further notice.

If, after service, no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of service of the filing of the original petition, this order shall continue in full force and effect as a temporary injunction until further notice of the court.

Civil cases

Page 6 | 8. SERVICE AND APPLICATION OF THIS ORDER

This order takes effect when the original petition is filed and remains effective as a temporary restraining order for fourteen days after filing.

b. This order is effective upon the filing of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen days after the date of the filing of the original petition.

Civil cases

Page 6 | 8. SERVICE AND APPLICATION OF THIS ORDER

The submission date must be at least ten days after filing unless the court grants leave.

Notices of a motion placed on a submission docket shall state a date of submission which shall be obtained by the movant from the court, and which shall be at least ten (10) days from filing, except on leave of court.

Page 2 | Rule 2 — Pre-Trial Motions

Responses must be filed at least two business days before the submission date.

Responses shall be filed at least two (2) business days before the submission date.

Page 2 | Rule 2 — Pre-Trial Motions

For temporary-orders hearings involving child or spousal support, the parties must file the specified financial information at least 24 hours before the hearing.

Temporary Orders. At least twenty-four (24) hours prior to the commencement of any hearing for temporary orders in which child support and/or spousal support is at issue, the parties shall file and exchange: (a) Monthly Financial Information Statements (in the form substantially in conformity with the Texas Family Practice Manual, or on a form provided by the court); (b) the party's federal income tax returns for the past two (2) years; (c) the party's six (6) most recent payroll stubs; (d) if the party is self-employed, the party's three (3) most recent bank statements for all accounts at financial institutions controlled by the party; and (e) the information required by Sections 154.181(b) and 154.1815(c) of the Texas Family Code.

Page 4 | Rule 5 — Disclosure of Financial Information and Property Information

Unless the court orders otherwise, each party in a divorce or annulment case must file and exchange a sworn Inventory and Appraisement at least 30 days before final trial.

Final Trial/Sworn Inventory and Appraisement. At least thirty (30) days prior to the commencement of a final trial in a divorce or annulment case, unless the court orders otherwise, each party shall file and exchange a sworn Inventory and Appraisement in substantial conformity with the Texas Family Practice Manual.

Page 4 | Rule 5 — Disclosure of Financial Information and Property Information

Unless the court orders otherwise, the parties must file the specified financial information at least 30 days before a final trial involving child or spousal support.

Final Trial/Financial Information Statement. At least thirty (30) days prior to the commencement of a final trial in which child support and/or spousal support is at issue, unless the court orders otherwise, the parties shall file and exchange: (a) Monthly Financial Information Statements (in the form substantially in conformity with the Texas Family Practice Manual, or on a form provided by the court); (b) the party's federal income tax returns for the past two (2) years; (c) the party's six (6) most recent payroll stubs; (d) if the party is self-employed, the party's three (3) most recent bank statements for all accounts at financial institutions controlled by the party; and (e) the information required by Sections 154.181(b) and 154.1815(c) of the Texas Family

Page 4 | Rule 5 — Disclosure of Financial Information and Property Information

The written order must be filed on or before the date of entry set by the court.

Said order shall be filed on or before the date of entry set by the court.

Page 5 | Rule 7 — Entry of Orders

Counsel for parties seeking affirmative relief must notify the Court of a transfer within three business days after the Clerk assigns the case.

Counsel for parties seeking affirmative relief shall notify the Court of the transfer within three business days after assignment by the Clerk.

Page 4 | Rule 4 — Filing and Assignment of Cases

For an application to sell property, the citation-posting requirement is met when the document has been posted for 10 days, unless a statute specifies another timeframe.

11.3 In addition to all requirements of law for sale of property, the requirement for posting of citation on an application to sell property as referenced in Tex. Est. Code § 356.253 shall be met when the document has been posted for 10 days unless another timeframe is specified in statutory authority.

Page 7 | Rule 11 — Docket Control & Citations

The notice and scheduling rules in 12.2 and 12.3 do not apply to requests for temporary restraining orders, temporary injunctions, or emergency relief; the Court considers those applications upon receipt and the trial judge has discretion over the timing of rulings and hearings.

12.7 Notwithstanding the foregoing Rules 12.2 & 12.3 are not applicable to requests for temporary restraining orders, temporary injunctions and emergency relief as said applications will be considered by the Court upon receipt and it is within the trial judge's discretion as to the timing of rulings and hearings thereon.

Page 8 | Rule 12 — Motions and Applications

Unless otherwise required, responses must be filed at least 24 hours before consideration; late filing requires leave, which is assumed granted if the Court rules without further setting.

12.4 Unless otherwise required, responses shall be filed at least 24 hours before the date and time of consideration by the Court, unless leave for late filing is granted by the court. Leave is assumed granted if the Court rules without further setting on the motion.

Page 8 | Rule 12 — Motions and Applications

A Suggestion of Bankruptcy must be filed as soon as practicable after the petition is filed.

Such notice shall be made by filing a Suggestion of Bankruptcy as soon as practicable.

Page 9 | Rule 14 — Bankruptcy

A written final order following an oral final order must be filed by the date of entry.

18.1 In the event that the court renders an oral final order, the prevailing Party shall prepare a written final order complying with the court's ruling and file the order by the date of entry. The Party preparing the order shall attempt to obtain approval as to form from the opposing parties.

Page 10 | Rule 18 — Entry of Final Orders

Responses must be filed at least 24 hours before consideration unless the court grants leave for late filing; leave is assumed if the court rules without further setting on the motion.

Responses shall be filed at least 24 hours before the date and time of consideration by the court, unless leave for late filing is granted by the court. Leave is assumed granted if the Court rules without further setting on the motion.

Page 13 | 2.4

Responses must be filed at least 24 hours before the court's consideration, unless the court grants leave for late filing; leave is assumed granted if the court rules without further setting.

Responses shall be filed at least 24 hours before the date and time of consideration by the court, unless leave for late filing is granted by the court. Leave is assumed granted if the Court rules without further setting on the motion.

Civil cases

Page 4 | Rule 10 — Hearings on Pre-Trial Motions

The written final order must be filed by the date of entry.

file the order by the date of entry.

Civil cases

Page 5 | Rule 13 — Entry of Final Orders

An approved standard Discovery Order may be presented at any time, but no later than 30 days before trial.

Each Court has an approved standard Discovery Order, which may be presented to the Judge of the Court at any time, but not later than 30 days prior to trial.

Page 4 | 8.3.5 Motions Settings

Approved Breath and Blood Discovery Orders may be presented at any time, but no later than 30 days before trial.

Each Court has an approved Breath Discovery Order, Blood Discovery Order, which may be presented to the Judge of the Court at any time, but not later than 30 days prior to trial.

Page 4 | 8.3.5 Motions Settings

Untimely exhibits will not be considered or kept in the record unless the Court finds good cause.

Subject to a finding of good cause, the Court will not consider untimely provided exhibits, and such exhibits will not be maintained in the record.

Page 3 | 6. Exhibits

Agreed continuances should be filed as soon as practicable.

Agreed continuances should be filed as soon as practicable.

Page 14 | 5.1

This order expires on December 31, 2026, and may not be used after that date.

THIS ORDER EXPIRES ON 12/31/26 AND IS INVALID FOR USE AFTER 12/31/26.

Civil cases

Page 1 | STANDING ORDER TRANSFERRING PROTECTIVE CUSTODY

Mental Health attorney ad litems are encouraged to file waivers by 8:00 p.m. on the day before the scheduled hearing, whether or not that day is a business day.

When filing waivers, the Mental Health attorney ad litem is encouraged to file by 8:00 p.m. on the day prior to the scheduled hearing, regardless of whether that day is a business day.

Page 14 | 4.2

When a will is offered for probate, service must use the identical name of the deceased stated in the will.

In each case where a will is offered for probate, service shall be in the identical name of the deceased contained in the will.

Civil cases

Page 3 | Rule 9 — Docket Control & Citations

For a property sale, the citation-posting requirement on the application is met when the document has been posted for 10 days, in addition to other legal requirements.

In addition to all requirements of law for sale of property, the requirement for posting of citation on the application shall be met when the document has been posted for 10 days.

Civil cases

Page 3 | Rule 9 — Docket Control & Citations

The movant must serve all parties written notice of the motion-consideration date and time and whether consideration will be by oral or submission hearing.

Movant shall serve written notice on all parties of the date and time of consideration as well as whether the consideration will be via oral or submission hearing.

Civil cases

Page 4 | Rule 10 — Hearings on Pre-Trial Motions

Hearing exhibits and their list must be emailed to all parties and the Court at least 24 hours before the hearing.

5. Exhibits. If a party intends to offer any exhibits during a hearing, an exhibit list and the exhibits must be emailed to all parties and the Court, attention to Kayla Argueta (Court Coordinator) at kayla.argueta@mctx.org and Melody Meador (Court Reporter) at melody.meador@mctx.org at least 24 hours in advance of the hearing,

Civil cases

Page 2 | II. General Procedures for Remote Hearings

Exhibits intended for a hearing must be emailed to all parties and the Court Reporter by 3:00 p.m. the day before the hearing.

If you intend to offer any exhibits during the hearing you need to email them to all parties, and the Court Reporter no later than 3:00 p.m. the day before the hearing.

Civil cases

Page 1 | PROCEDURES FOR LITIGANTS

After the Judge signs the Discovery Orders, the Defendant must immediately provide a copy to the State's attorney along with a Certificate of Service.

Upon the Judge signing the Discovery Orders, a copy shall be immediately provided to the State's attorney by the Defendant along with a Certificate of Service.

Page 4 | 8.3.5 Motions Settings

Either party may file and set a motion for a Pre-Trial or Motions Docket hearing, with at least three days' notice to the other party.

Either party may file a Motion(s) and set same for hearing at either a Pre- Trial or Motions Docket with at least three (3) days notice to the other party.

Page 4 | 8.3 Motions Settings

If a party intends to offer any exhibits during a hearing, an exhibit list and the exhibits must be emailed to all parties and the Court, attention to Kayla Argueta (Court Coordinator) at kayla.argueta@mctx.org and Melody Meador (Court Reporter) at melody.meador@mctx.org at least 24 hours in advance of the hearing,

If a party intends to offer any exhibits during a hearing, an exhibit list and the exhibits must be emailed to all parties and the Court, attention to Kayla Argueta (Court Coordinator) at kayla.argueta@mctx.org and Melody Meador (Court Reporter) at melody.meador@mctx.org at least 24 hours in advance of the hearing,

Page 3 | 6. Exhibits

Law enforcement must deliver the return of citation to the official who signed the warrant, who must then deliver it with the warrant, application, and associated paperwork to the County Clerk.

It is further ordered that law enforcement executing such a mental health warrant shall deliver a return of citation to the judge, justice or magistrate who signed the warrant for subsequent delivery of the return with the warrant, application and associated paperwork to the Montgomery County Clerk.

Page 1 | STANDING ORDER REGARDING L. BRANDON STEINMANN MENTAL HEALTH WARRANTS

The movant must serve written notice on all parties, and, except for emergency motions, the notice must be served at least 10 calendar days before consideration.

Movant shall serve written notice on all parties of the date and time of consideration as scheduled by the court and include whether the consideration will be via oral or submission hearing. Notice of hearing or submission as to all motions shall be filed and served as required by the law and/or the Texas Rules of Civil Procedure, but, other than emergency motions, in no event fewer than 10 calendar days before the date and time of consideration.

Civil cases

Page 4 | Rule 10 — Contested Motions

If the court provides a new setting date after a party improperly selected one, the party must notify the other parties and file the setting in the case.

10.3 Failure to Contact Court: If a party fails to comply with Rule 10.2 and, instead, picks a date and time for a setting without the Civil Trial Court providing such date and time, upon the Civil Trial Court learning of such a setting and receiving a request for a ruling, the Civil Trial Judge will either, at his or her discretion, rule or provide the party with a new date and time for the setting, which the party must then notice to the other parties and file in the case.

Civil cases

Page 5 | 10.3 Failure to Contact Court

The movant must serve all parties written notice stating the hearing date and time and whether the motion will be heard orally or on a submission docket.

Movant shall serve written notice on all parties of the date and time of the hearing, as well as whether the motion will be considered at oral hearing or will be considered on a submission docket.

Page 2 | Rule 2 — Pre-Trial Motions

Unless the court orders otherwise, the parties must exchange the specified financial information at least 30 days before a final trial involving child or spousal support.

Final Trial/Financial Information Statement. At least thirty (30) days prior to the commencement of a final trial in which child support and/or spousal support is at issue, unless the court orders otherwise, the parties shall file and exchange: (a) Monthly Financial Information Statements (in the form substantially in conformity with the Texas Family Practice Manual, or on a form provided by the court); (b) the party's federal income tax returns for the past two (2) years; (c) the party's six (6) most recent payroll stubs; (d) if the party is self-employed, the party's three (3) most recent bank statements for all accounts at financial institutions controlled by the party; and (e) the information required by Sections 154.181(b) and 154.1815(c) of the Texas Family

Page 4 | Rule 5 — Disclosure of Financial Information and Property Information

The parties must exchange the specified financial disclosures at least 24 hours before a temporary-orders hearing involving child or spousal support.

Temporary Orders. At least twenty-four (24) hours prior to the commencement of any hearing for temporary orders in which child support and/or spousal support is at issue, the parties shall file and exchange: (a) Monthly Financial Information Statements (in the form substantially in conformity with the Texas Family Practice Manual, or on a form provided by the court); (b) the party's federal income tax returns for the past two (2) years; (c) the party's six (6) most recent payroll stubs; (d) if the party is self-employed, the party's three (3) most recent bank statements for all accounts at financial institutions controlled by the party; and (e) the information required by Sections 154.181(b) and 154.1815(c) of the Texas Family Code.

Page 4 | Rule 5 — Disclosure of Financial Information and Property Information

Unless the court orders otherwise, each party in a divorce or annulment case must exchange a sworn Inventory and Appraisement at least 30 days before final trial.

Final Trial/Sworn Inventory and Appraisement. At least thirty (30) days prior to the commencement of a final trial in a divorce or annulment case, unless the court orders otherwise, each party shall file and exchange a sworn Inventory and Appraisement in substantial conformity with the Texas Family Practice Manual.

Page 4 | Rule 5 — Disclosure of Financial Information and Property Information

For a motion set for oral hearing, the movant must provide at least three business days’ notice to all parties.

Movant shall serve written notice on all parties of the date and time of consideration as well as whether the consideration will be via oral hearing or by submission. 12.3 Movant shall provide at least three business days' notice for motions to be set for an oral hearing and at least ten days' notice for motions considered by submission.

Page 8 | Rule 12 — Motions and Applications

The movant must serve all parties written notice stating the motion’s consideration date and time and whether consideration will be by oral hearing or submission.

Movant shall serve written notice on all parties of the date and time of consideration as well as whether the consideration will be via oral hearing or by submission.

Page 8 | Rule 12 — Motions and Applications

Before presenting an application for a TRO or other ex parte relief, counsel must notify the opposing party or counsel and provide the application and proposed order at least two hours beforehand, unless a verified certificate states one of the specified grounds for proceeding without notice.

15.1 Counsel presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing Party's Counsel, or the opposing Party if unrepresented by counsel in the present controversy, and provide opposing Counsel or Party with a copy of the application and proposed order at least 2 hours before the application and proposed order are to be presented to the Court for decision, except as provided below. 15.2 Compliance with the provisions of 15.1 is not required if a verified certificate is filed with the application, stating: • That immediate harm is imminent and there is insufficient time to notify the opposing Party or opposing Party's Counsel; or • That notifying the opposing Party or opposing Party's Counsel would impair or annul the Court's power to grant relief because the relief request in the application could be subverted, or property removed, secreted, or destroyed, if notice were given.

Page 9 | Rule 15 — Application for TRO and Other Ex Parte Orders

The movant must serve all parties written notice stating the consideration date and time and whether the motion will be heard orally or by submission.

Movant shall serve written notice on all parties of the date and time of consideration as well as whether the consideration will be via oral or submission hearing.

Page 13 | 2.3

When a will is offered for probate, service must use the deceased's identical name as stated in the will, and the citation information must be accurate.

In each case where a will is offered for probate, service shall be in the identical name of the deceased contained in the will. In addition, all information on the citation shall be accurate.

Civil cases

Page 3 | Rule 9 — Docket Control & Citations

The citation-posting requirement for an application is met when the document has been posted for 10 days.

In addition to all requirements of law for sale of property, the requirement for posting of citation on the application shall be met when the document has been posted for 10 days.

Civil cases

Page 3 | Rule 9 — Docket Control & Citations

The movant must serve all parties written notice stating the motion's consideration date and time and whether it will be an oral or submission hearing.

Movant shall serve written notice on all parties of the date and time of consideration as well as whether the consideration will be via oral or submission hearing.

Civil cases

Page 4 | Rule 10 — Hearings on Pre-Trial Motions

A guardian who receives the attached admonition must provide it to the ward within 14 days of receipt.

It is therefore ordered, that any guardian receiving the Written Admonition on Ineligibility to Possess Firearms or Ammunition, attached hereto, shall provide the Admonition to their ward within 14 days of receipt.

Civil cases

Page 1 | ORDER REGARDING WRITTEN ADMONITION ON INELIGIBILITY TO POSSESS FIREARMS OR AMMUNITION

Non-evidentiary materials, including demonstratives, affidavits, and summaries of the evidence, etc., and/or case law for the Court's reference should be emailed to all parties and the Court (as set forth above) at least 24 hours in advance of the hearing.

Non-evidentiary materials, including demonstratives, affidavits, and summaries of the evidence, etc., and/or case law for the Court's reference should be emailed to all parties and the Court (as set forth above) at least 24 hours in advance of the hearing.

Civil cases

Page 3 | II. General Procedures for Remote Hearings

Non-evidentiary materials and case law for the Court's reference should be emailed to all parties and the Court at least 24 hours before the hearing.

Non-evidentiary materials, including demonstratives, affidavits, and summaries of the evidence, etc., and/or case law for the Court's reference should be emailed to all parties and the Court (as set forth above) at least 24 hours in advance of the hearing.

Page 3 | 7. Other Materials

A self-represented litigant is considered to have constructively received mail addressed to a provided address if they fail to accept delivery or pick it up.

Failure to accept delivery or to pick up mail addressed to an address provided by a self-represented litigant will be considered constructive receipt of the

Page 10 | Rule 20 — Self-Represented Litigants

If an individual cannot be given the admonition in court, the Court will provide it, together with a copy of the order, to the applicable guardian by mail, email, or another method.

For individuals who may not be provided said Admonition in this manner, the Court will provide via mail, email or otherwise said Admonition along with a copy of this order to the applicable guardian.

Civil cases

Page 1 | ORDER REGARDING WRITTEN ADMONITION ON INELIGIBILITY TO POSSESS FIREARMS OR AMMUNITION

The Court will provide the attached admonition to wards present in the courtroom when the guardianship is established.

In compliance with 1 TAC §176.1 the Court will provide the attached Written Admonition on Ineligibility to Possess Firearms or Ammunition to all wards of the Court who are physically present in the Courtroom when the guardianship is established.

Civil cases

Page 1 | ORDER REGARDING WRITTEN ADMONITION ON INELIGIBILITY TO POSSESS FIREARMS OR AMMUNITION

A severance order remains interlocutory and subject to vacatur until the party requesting severance pays any applicable clerk's filing fees.

5.2 A severance order which is granted remains interlocutory and subject to being vacated, even if a new case is created because a severance is conditionally filed, unless and until any applicable clerk's filing fees are paid by the party requesting the severance.

Civil cases

Page 2 | Rule 5 — Severance

The party seeking severance must pay all clerk fees before the clerk assigns the severed case a new file date and cause number.

5.1 Unless otherwise specified in the order of severance, if a severance is granted, the new case will be assigned to the court where the original case is pending and the clerk of the court will assign a new file date and a new cause number to the now severed case upon payment of all clerk fees by the party which sought the severance.

Civil cases

Page 2 | Rule 5 — Severance

Applicants in covered cases must deposit $500 toward attorney ad litem services, subject to a refund if the Court orders a smaller payment and authorized County Clerk administrative fees.

It is therefore ORDERED that effective 10/1/23, each applicant in a civil, probate or guardianship case filed in the Montgomery County Probate Court #1 that requires the appointment of an attorney ad litem will be required to deposit $500.00 toward the services of the attorney ad litem. It the Court orders payment of less than $500.00, the excess will be refunded to the applicant. All payments are subject to administrative fees statutorily authorized to be withheld by the County Clerk of Montgomery County, Texas.

Civil cases

Page 1 | ORDER SETTING ATTORNEY AD LITEM DEPOSIT

The party seeking severance must pay all applicable clerk filing fees for the severed case to receive a new file date and cause number, and the severance order may be vacated if those fees are not paid.

Unless otherwise specified in the order of severance, if a severance is granted, the new case will be assigned to the court where the original case is pending and the clerk of the court will assign a new file date and a new cause number to the now severed case upon payment of all clerk fees by the party which sought the severance. A severance order remains interlocutory and subject to being vacated if the applicable clerk's filing fees are not paid.

Civil cases

Page 2 | Rule 5 — Severance

A severed claim filed as a new case is subject to the filing fees required by the Clerk.

A severed claim filed as a new case is subject to all filing fees required by the Clerk.

Page 5 | Rule 6 — Severance

Failure to pay filing fees due to a severance order results in dismissal of the severed case for want of prosecution.

Failure to pay the required filing fees occurring due to issuance of a severance order will result in the dismissal for want of prosecution of the severed case.

Page 6 | Rule 6 — Severance

A severance order remains interlocutory and subject to vacatur until the party requesting severance pays any applicable clerk's filing fees.

5.2 A severance order which is granted remains interlocutory and subject to being vacated, even if a new case is created because a severance is conditionally filed, unless and until any applicable clerk's filing fees are paid by the party requesting the severance.

Civil cases

Page 2 | Rule 5 — Severance

The party seeking severance must pay all clerk fees before the clerk assigns the severed case a new file date and cause number.

5.1 Unless otherwise specified in the order of severance, if a severance is granted, the new case will be assigned to the court where the original case is pending and the clerk of the court will assign a new file date and a new cause number to the now severed case upon payment of all clerk fees by the party which sought the severance.

Civil cases

Page 2 | Rule 5 — Severance

Any cost for this filing is waived.

Cost, if any, for this filing is hereby waived.

Page 3 | Rule 4. Hearing Cases

Effective immediately, cases in which the Texas Department of Family and Protective Services is a party must be sealed by the Montgomery County District Clerk’s Office.

As such, pursuant to the Texas Government Code, IT IS HEREBY ORDERED that, effective immediately, that all cases in which the Texas Department of Family and Protective Services is a party be sealed by the Montgomery County District Clerk’s Offic

Civil cases

Page 1 | ORDER REGARDING SUITS INVOLVING THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

For motions placed on a submission docket, the parties must attempt to resolve the dispute before filing, subject to the stated exceptions.

Additionally, any motion placed on a submission docket must contain a certificate of conference indicating that the attorneys and/or parties have attempted to resolve the dispute prior to the filing of the motion. Such certificate must be signed by the moving attorney and/or party and must include the date(s) and time(s) of the attempts), and the manner(s) of communication of the attempts). Such certificate is not required for dispositive motions, motions for summary judgment, default judgments, motions for voluntary dismissal or nonsuit, post-verdict motions and motions involving service of citation.

Page 2 | Rule 2 — Pre-Trial Motions

Defendants who appear at arraignment without counsel receive a reset of no more than 30 days to retain or obtain appointed counsel.

Defendants who appear at arraignment without counsel will receive a reset, not to exceed thirty (30) days, for the purpose of retaining counsel or obtaining court appointed counsel.

Page 3 | 8.1.1 Arraignment Settings

A pretrial reset requires the State's and Defendant's agreement, court approval, and filing before noon on the business day immediately preceding the setting.

Defendants must be personally present at all Pre-Trial settings unless a reset has been granted by the Court upon the agreement of the State and the Defendant and filed with the Court prior to noon the business day immediately prior to the pretrial setting.

Page 4 | 8.2 Pre-Trial Settings

All mental health proceedings in Montgomery County are continued and postponed for 24 hours.

IT IS ORDERED that all mental health proceedings for Montgomery County are hereby continued and postponed for 24 HOURS.

Civil cases

Page 1 | Emergency Order for Mental Health Cases Delayed by Inclement Weather

Deadlines under Texas Health and Safety Code §573.021(b) are extended by 24 hours because of extremely hazardous weather conditions.

IT IS FURTHER ORDERED that all deadlines under Texas Health and Safety Code §573.021(b) are extended by an additional 24 hours because there exist extremely hazardous weather conditions.

Civil cases

Page 1 | Order Extending Deadlines

For a contested continuance, the requesting party must comply with Texas Rule 251 et seq., set the motion for submission with at least 24 hours' notice to all parties, and state the grounds; an emergency motion may have less notice but must clearly demonstrate the emergency.

If a continuance is not agreed to, the requesting party must: • Comply with the Rule 251 et seq. of the Texas Rules of Civil Procedure; • Set the motion for submission with at least 24 hours' notice to all parties; • Clearly state the grounds for the continuance; and • Emergency motions for continuance may be presented with less than 24 hours' notice, but must clearly demonstrate the emergency nature of the request.

Page 14 | 5.2

Deadlines under Texas Health and Safety Code §573.021(b) are extended by 24 hours due to extremely hazardous weather conditions.

IT IS FURTHER ORDERED that all deadlines under Texas Health and Safety Code §573.021(b) are extended by an additional 24 hours because there exist extremely hazardous weather conditions.

Civil cases

Page 1 | Order Extending Deadlines

All mental health proceedings in Montgomery County are continued and postponed for 24 hours.

IT IS ORDERED that all mental health proceedings for Montgomery County are hereby continued and postponed for 24 HOURS.

Civil cases

Page 1 | Order Extending Deadlines

The Court will allow a self-represented defendant to reset the case to obtain additional time to hire an attorney.

The Court will allow the case to be reset if the defendant would like additional time to hire an attorney.

Page 2 | Rule 5 — Self-Represented Defendants

When an attorney is already in trial, the case may be held or reset based on when the attorney is released; if the attorney was not actually in trial as represented, the case will be tried without further notice.

When informed that an attorney is presently in trial, the Court will determine where and when assigned. This information will be verified- upon request of opposing counsel. The case will be placed on "hold" or reset, depending upon when the attorney will be released: (ii) If the attorney is not actually in trial as repi:esented by the attorney or agent, the cas·e - will be tried without further notice.

Page 6 | 4.7 Conflicting Engagements

The movant must schedule a date and time with the court for consideration of the motion.

10.2 Movant shall schedule with the court a date and time for consideration of the motion.

Civil cases

Page 4 | Rule 10 — Hearings on Pre-Trial Motions

Upon transfer, the facility must immediately email the completed order to Aimee Newcomb; failure to do so terminates the facility’s future right to use the order.

UPON TRANSFER THE FACILITY UTILIZING THIS ORDER IS ORDERED TO EMAIL THE COMPLETED ORDER TO Aimee.Newcomb@mctx.org IMMEDIATELY UPON TRANSFER. FAILURE TO DO SO WILL RESULT IN TERMINATION OF THE FACILITY'S RIGHT TO UTILIZE THIS ORDER IN THE FUTURE.

Civil cases

Page 1 | 2025 STANDING ORDER TRANSFERRING PROTECTIVE CUSTODY

Email the packet to Aimee Newcomb and copy MCAOMentalHealth@mctx.org.

2. Email the packet (2-page Standing Order and OPC signed by Judge) to Aimee.Newcomb@mctx.org and copy MCAOMentalHealth@mctx.org.

Civil cases

Page 2 | INSTRUCTIONS

Outside business hours, contact the Mental Health Deputies at 936-760-5800 for transport.

3. Outside of business hours, contact Mental Health Deputies for transport at 936-760-5800.

Civil cases

Page 2 | INSTRUCTIONS

The Court emails the hearing link to specified participants, and the Juvenile Probation Officer and Assistant County Attorney's Office are responsible for providing invitations and joining instructions to parents and, if requested, victims.

The Court will email the hearing link to the Assistant County Attorney, the Juvenile-Respondent's Attorney, the Probation Department, and the Detention Center. It is the responsibility of the Juvenile Probation Officer to ensure that the parents of the Juvenile-Respondent are provided a copy of the invitation with instructions on how to join the Zoom meeting to participate. If a victim wishes to attend the hearing, it is the responsibility of the Assistant County Attorney's Office to provide a copy of the hearing invitation with instructions on how to join the Zoom meeting to participate.

Civil cases

Page 2 | II. General Procedures for Remote Hearings

Only hearing counsel, parties, and witnesses may have the Zoom link or attend, and the link may not be forwarded to anyone else absent authorization in the order or advance Court permission.

Only counsel, parties, and witnesses for a hearing shall have the Zoom link and be permitted to attend the Zoom hearing. THE ZOOM LINK SHALL NOT BE FORWARDED TO ANY OTHER PERSON UNLESS EXPRESSLY AUTHORIZED IN THIS STANDING ORDER, OR WITH ADVANCE PERMISSION AS GRANTED BY THE COURT.

Civil cases

Page 2 | II. General Procedures for Remote Hearings

Requests to appear by Zoom must go through the County Attorney's or Defense Counsel's office; individuals seeking to appear by Zoom may not contact the Court directly.

1. Request for Zoom Appearances. All requests for appearances via Zoom shall be made through the County Attorney's office or the respective Defense Counsel's office. Either of these offices shall then contact the Court as set forth below. The Court will not accept direct communication from anyone seeking to appear via Zoom, and any such calls to the Court will be redirected to the County Attorney's office or the respective Defense Counsel's office.

Civil cases

Page 2 | II. General Procedures for Remote Hearings

The judge of the 284th District Court must timely provide the District Clerk’s office with the methodology for implementing the paragraph.

The judge of the 284th District Court shall timely provide the Montgomery County District Clerk’s office with the methodology to effectuate the intent of this paragraph.

Civil cases

Page 3 | Amended Order of Case Assignment — Civil and Pending Cases

The judges of the 410th District Court and County Court at Law Number Three must timely provide the District Clerk’s office with the methodology for implementing the paragraph.

The judges of the 410m District Court and County Court at Law Number Three (3) shall timely provide the Montgomery County District Clerk’s office with the methodology to effectuate the intent of this paragraph.

Civil cases

Page 3 | Amended Order of Case Assignment — Civil and Pending Cases

Anyone who can participate only by telephone must coordinate with the appropriate court coordinator the day before.

IF YOU CAN ONLY PARTICIPATE VIA TELEPHONE YOU MUST COORDINATE IT THE DAY BEFORE WITH THE APPROPRIATE COURT COORDINATOR.

Civil cases

Page 1 | PROCEDURES FOR LITIGANTS

The Juvenile Probation Officer must ensure that the juvenile respondent's parents, legal guardians, or caretakers receive the invitation and instructions for joining the Zoom meeting.

It is the responsibility of the Juvenile Probation Officer to ensure that the parents, legal guardians, and/or caretakers of the Juvenile-Respondent are provided a copy of the invitation with instructions on how to join the Zoom meeting

Page 2 | General Procedures for Remote Hearings

Requests for parents, legal guardians, or caretakers to appear by Zoom must be made through the County Attorney's office or the respective Defense Counsel's office, which then contacts the Court.

All requests for appearances via Zoom shall be made through the County Attorney's office or the respective Defense Counsel's office. Either of these offices shall then contact the Court as set forth below.

Page 2 | General Procedures for Remote Hearings

If the Detention Facility Supervisor or an appointed designee determines that a detained juvenile's in-person appearance presents a danger, the Supervisor or designee must immediately contact the Court's Bailiff with the concern and request a Zoom appearance.

In the event the Detention Facility Supervisor, or a designee appointed by the Juvenile Department Director, makes a determination that a Detained Juvenile-Respondent presents a danger to himself/herself and/or others by the Juvenile-Respondent's in-person appearance at the Detention Hearing in court, the Supervisor/Designee shall contact the Court's Bailiff immediately with said concerns and request for the Detained Juvenile-Respondent to appear for the Detention Hearing via Zoom.

Page 2 | General Procedures for Remote Hearings

The Supervisor, designee, or another designated employee must immediately follow up the Zoom request by emailing the Court Coordinator and Court Administrator.

The Supervisor/Designee or another designated employee shall immediately follow-up said request with an email to the Court Coordinator and Court Administrator at the email addresses provided in the provision below.

Page 2 | General Procedures for Remote Hearings

Hearing exhibit submissions must be emailed to the Court Coordinator and Court Reporter at the listed addresses.

If a party intends to offer any exhibits during a hearing, an exhibit list and the exhibits must be emailed to all parties and the Court, attention to Kayla Argueta (Court Coordinator) at kayla.argueta@mctx.org and Melody Meador (Court Reporter) at melody.meador@mctx.org at least 24 hours in advance of the hearing,

Page 3 | 6. Exhibits

The movant must schedule a date and time for consideration of the motion with the court.

Movant shall schedule with the court a date and time for consideration of the motion.

Civil cases

Page 4 | Rule 10 — Contested Motions

An attorney must notify the affected judge of all dual settings as soon as they become known.

It is the duty of the attorney to call the affected Judge's attention to all dual settings as soon as they are known.

Page 6 | 4.7 Conflicting Engagements

Counsel may not communicate with the Court about the merits of a contested proceeding except during hearings or trial, through pleadings filed with the Clerk and served on all parties, when all parties are present, with written consent of absent parties, or when authorized by rule or law.

Accordingly, Counsel in contested proceedings shall not communicate with the Court in person, in writing, or otherwise regarding the merits of a contested proceeding, except (1) during hearings or trial, (2) through pleadings filed with the Clerk and served on all other parties, (3) when all parties are present, (4) with the written consent of parties not present, unless otherwise authorized by rule or law.

Page 7

The movant must schedule with the Court a date and time for consideration of the motion.

12.2 Movant shall schedule with the court a date and time for consideration of the motion.

Page 7 | Rule 12 — Motions and Applications

In a temporary guardianship matter, the attorney ad litem must immediately notify the Court upon learning that the proposed protected person wishes to contest the temporary administration.

If an application is filed for a temporary guardianship the attorney ad litem shall notify the Court if the application is contested immediately upon becoming aware of the proposed protected person's wish to contest the temporary administration and shall provide the Guardianship Coordinator with an estimated time for hearing on the application.

Page 7 | Rule 11 — Docket Control & Citations

After a bankruptcy concludes, or the automatic stay is lifted in a Statutory Probate Court case, all parties must promptly notify the Court.

Once such a bankruptcy has been concluded, whether by discharge, denial of discharge, dismissal, or otherwise, or the automatic stay imposed by 11 U.S.C. § 362 has been lifted as to a case in the Statutory Probate Courts, all parties to a pending case shall promptly notify the Court so that the affected case may be restored to the active docket or dismissed as may be appropriate.

Page 9 | Rule 14 — Bankruptcy

Self-represented litigants must provide current address, telephone, and email information where Court personnel and opposing parties can reach them.

20.1 All requirements of these rules apply with equal force to self-represented litigants whether or not they are licensed to practice law in Texas. Self-represented litigants are required to provide their current address, telephone numbers and email addresses at which they can be reached by Court personnel and the opposing parties.

Page 10 | Rule 20 — Self-Represented Litigants

The movant must schedule with the court a date and time for consideration of a contested motion.

Movant shall schedule with the court a date and time for consideration of a contested motion.

Page 13 | 2.3

The facility must email the completed order to mentalhealth@mctx.org immediately upon transfer; failure terminates its future right to use the order.

UPON TRANSFER THE FACILITY UTILIZING THIS ORDER IS ORDERED TO EMAIL THE COMPLETED ORDER TO mentalhealth@mctx.org IMMEDIATELY UPON TRANSFER. FAILURE TO DO SO WILL RESULT IN TERMINATION OF THE FACILITY'S RIGHT TO UTILIZE THIS ORDER IN THE FUTURE.

Civil cases

Page 1 | STANDING ORDER TRANSFERRING PROTECTIVE CUSTODY

The transferring facility must email the two-page standing order and judge-signed OPC to mentalhealth@mctx.org and copy MCAOMenta|Heath@mctx.org.

2. Email the packet (2-page Standing Order and OPC signed by Judge) to mentalhealth@mctx.org and copy MCAOMenta|Heath@mctx.org.

Civil cases

Page 2 | INSTRUCTIONS

The movant must schedule a date and time with the court for consideration of the motion.

Movant shall schedule with the court a date and time for consideration of the motion.

Civil cases

Page 4 | Rule 10 — Hearings on Pre-Trial Motions

For juvenile matters, litigants must initially contact the Juvenile Trial Judge, who is the on-call judge.

The Juvenile Trial Judge shall be the on-call judge for all juvenile matters and the litigant shall contact the Juvenile Trial Judge initially.

Page 3 | Rule 7 — On-Call Status for Emergency or Exigent Matters

If the Juvenile Trial Judge is unexpectedly unavailable, litigants must contact the Administrative Judge for consideration of the emergency or exigent matter.

However, if there is an unforeseen unavailability of the Juvenile Trial Judge, then the litigant shall contact the Administrative Judge for the County Courts at Law of Montgomery County for consideration of the emergency or exigent matter.

Page 3 | Rule 7 — On-Call Status for Emergency or Exigent Matters

The Court will not give verbal approval for Zoom appearances.

Verbal approval for appearances via Zoom will not be given.

Civil cases

Page 2 | II. General Procedures for Remote Hearings

Scheduling communications about a remote hearing should be emailed to either listed contact before the scheduled hearing date.

All communication regarding scheduling a remote hearing should be directed to Kayla Argueta at kayla.argueta @mctx.org or Julissa Valadez at julissa.valadez@mctx.org prior to the scheduled hearing date.

Civil cases

Page 2 | II. General Procedures for Remote Hearings

Non-evidentiary materials, including demonstratives, affidavits, and summaries of the evidence, etc., and/or case law for the Court's reference should be emailed to all parties and the Court (as set forth above) at least 24 hours in advance of the hearing.

Non-evidentiary materials, including demonstratives, affidavits, and summaries of the evidence, etc., and/or case law for the Court's reference should be emailed to all parties and the Court (as set forth above) at least 24 hours in advance of the hearing.

Civil cases

Page 3 | II. General Procedures for Remote Hearings

The Court will not give verbal approval for Zoom appearances.

Verbal approval for appearances via Zoom will not be given.

Page 2 | General Procedures for Remote Hearings

Parents, legal guardians, and caretakers seeking Zoom appearances must not contact the Court directly; calls will be redirected to the County Attorney's office or respective Defense Counsel's office.

The Court will not accept direct communication from any Parent, Legal Guardian and/or Caretaker seeking to appear via Zoom, and any such calls to the Court will be redirected to the County Attorney's office or the respective Defense Counsel's office.

Page 2 | General Procedures for Remote Hearings

The movant must schedule a date and time with the court for consideration of a motion.

Movant shall schedule with the court a date and time for consideration of a motion.

Page 2 | Rule 2 — Pre-Trial Motions

Notice of a delay caused by an appearance in another court must identify each court and the case number for each appearance.

If the attorney and/or party is late because he/she must appear in another court at the same time, such notification must include the specific court(s) in which the attorney and/or party will be appearing and the case number(s) for each such appearance.

Page 3 | 3.3 Court Appearances

A late attorney or party must notify the court and opposing counsel or parties of the estimated arrival time and the specific reason for the delay.

Attorneys and/or parties who will be late for court must give the court and opposing attorneys and/or parties notice of their estimated time of arrival and the specific reason for the delay.

Page 3 | 3.3 Court Appearances

Attorneys and/or parties who do not expect to be on time or present in the courtroom for a scheduled hearing and/or trial must notify the court and the opposing attorneys and/or parties of this fact.

Attorneys and/or parties who do not expect to be on time or present in the courtroom for a scheduled hearing and/or trial must notify the court and the opposing attorneys and/or parties of this fact.

Page 3 | 3.3 Court Appearances

When a child is brought to the courthouse with court approval or order, the responsible attorney or party must immediately notify the court, and the child may not enter the courtroom without the judge's express consent.

In the event that a child is brought to the courthouse pursuant to the court's order or approval, the attorney and/or party who is responsible for the child's attendance shall immediately notify the court of the child's presence, and the child shall not be brought into the courtroom without the express consent of the judge.

Page 3 | 4.1 Interview of Child / Child's Testimony

Attorneys and parties must check the court record for scheduling or docket-control orders and obtain a copy from the District Clerk if one has issued.

It shall be the duty of the attorney and/or party appearing in a pending case to ascertain from the court record whether a scheduling order and/or docket control order has issued, and if so, to obtain a copy of the scheduling order and/or docket control order from the District Clerk.

Page 3 | 3.1 Scheduling Orders

The rule states that a judge may not permit or consider improper ex parte communications.

Rule 10 Ex Parte Communications 10.1 The Canons of Judicial Conduct do not permit a judge to permit or consider improper ex

Page 6 | Rule 10 — Ex Parte Communications

If a Mental Health Attorney ad litem cannot meet with the client, the attorney should notify the Court and County Attorney's Office before the docket at which the client is to appear.

If an Attorney ad litem is unable to meet with his client, he should notify the Court and County Attorney's Office before the docket at which the client is to appear.

Page 14 | 4.1

If an attorney cannot meet with the client, the attorney should notify the Court before the docket at which the client is to appear.

If an attorney is unable to meet with his client, he should notify the Court before the docket at which the client is to appear.

Page 14 | 4.3

Outside business hours, the facility must contact Mental Health Deputies at 936-760-5800 for transport.

3. Outside of business hours, contact Mental Health Deputies for transport at 936-760-5800.

Civil cases

Page 2 | INSTRUCTIONS

If an on-call judge system exists and the assigned judge is unavailable for an emergency or exigent matter, the litigant may take the matter to the on-call judge; the calendar is on the Office of Court Administration website and is updated quarterly.

6.2 If the Board of Judges has established an on call judge system, and if the judge to whom a case is assigned is not available to consider an emergency or exigent matter, then the litigant may take the matter to the on call judge. The calendar for the on call judges is on the Office of Court Administration website and is updated quarterly.

Civil cases

Page 3 | 6.2

Questions about the order may be directed to Aimee Newcomb at 936.538.3570, or to 936.539.7832 if she is unavailable.

QUESTIONS REGARDING THIS ORDER MAY BE DIRECTED TO AIMEE NEWCOMB AT 936.538.3570 OR TO 936.539.7832 IF AIMEE NEWCOMB IS UNAVAILABLE

Civil cases

Page 2 | PAGE TWO DESIGNATION OF PATIENT AND RECEIVING FACILITY

The Court will email the hearing link to the Assistant County Attorney, the juvenile respondent's attorney, the Probation Department, and the Detention Center.

The Court will email the hearing link to the Assistant County Attorney, the Juvenile-Respondent's Attorney, the Probation Department, and the Detention Center.

Page 2 | General Procedures for Remote Hearings

Communication about scheduling a remote hearing should be directed by email to the Court Coordinator or Court Administrator before the scheduled hearing date.

Subject to the foregoing provisions, all communication regarding scheduling a remote hearing should be directed to Kayla Argueta (Court Coordinator) at kayla.argueta@mctx.org or Julissa Valadez (Court Administrator) at julissa.valadez@mctx.org prior to the scheduled hearing date.

Page 2 | General Procedures for Remote Hearings

When waivers are e-filed outside business hours, the Court should also be provided with them by email by 8:00 p.m. on the day before the hearing.

If the waivers are being e-filed outside of business hours, the Court should be provided with any waivers via email by this same time.

Page 14 | 4.2

Questions about the order may be directed to Aimee Newcomb at 936.538.3570 or, if she is unavailable, to 936.539.7832.

QUESTIONS REGARDING THIS ORDER MAY BE DIRECTED TO AIMEE NEWCOMB AT 936.538.3570 OR TO 936.539.7832 IF AIMEE NEWCOMB IS UNAVAILABLE

Civil cases

Page 2 | QUESTIONS REGARDING THIS ORDER

If an on-call system exists and the assigned judge is unavailable for an emergency or exigent matter, the litigant may take the matter to the on-call judge.

If the Board of Judges has established an on call judge system, and if the judge to whom a case is assigned is not available to consider an emergency or exigent matter, then the litigant may take the matter to the on call judge.

Civil cases

Page 3 | 6.2