Montgomery County Courts at Law Filing Timing and Cure Windows

CRITICAL

Deadline

1 business days

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.

CRITICAL

Deadline

1 business days

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

Deadline

1 business days

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.

INFO

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.

CRITICAL

Deadline

24 hours

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.

CRITICALCivil cases

Deadline

24 hours

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.

CRITICALCivil cases

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

file the order by the date of entry.

CRITICAL

Deadline

24 hours

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

Deadline

3 business days

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.

CRITICALCivil cases

Deadline

10 calendar days

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

Deadline

24 hours

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.

CRITICAL

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.

CRITICAL

Deadline

24 hours

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

Deadline

2 business days

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

WARNINGCivil cases

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.

WARNING

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.

WARNING

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.

WARNING

Agreed continuances should be filed as soon as practicable.

Agreed continuances should be filed as soon as practicable.

WARNING

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.