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Court Rules

Montgomery County, TX

Court-Level Rules, Filing Procedures & Policies

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Document Format Requirements1 rule

FormattingMandatoryCivil cases

10.1 **In Writing With Proposed Order:** Contested motions and responses shall be in writing using 12 to 14 point font, shall be well organized, shall use complete sentences, and shall be accompanied by a proposed order granting or denying the relief sought. The proposed order shall be a separate instrument.

Applies to
  • Contested motion
  • Response

Formatting

  • Documents must be in writing
  • Use 12 to 14 point font
Tx Montgomery District:3b30916da71ef9ef5fce806e · p. 4
|SectionRule 10 — Contested Motions

Document Filing Requirements33 rules

Filing RequirementsMandatoryCivil cases

Pleadings must include the full names of the parties and any minor children in the caption, and the clerk must refuse noncompliant pleadings, except in adoption and Chapter 33 cases.

Document
Pleading
Placement
Caption

Court's wording

As Sections 6.401 and 102.008 of the Texas Family Code require the full names of the parties and the full names of any minor children to be included in the caption/style of the case, the Montgomery County District Clerk is ORDERED to refuse to accept for filing any pleading that does not contain the required identification and/or contains only the initials of the parties and/or the children in the caption/style of the case. This rule does not apply to the caption/style of adoption cases or cases pursuant to Chapter 33 of the Texas Family Code.

Tx Montgomery District:ba16bf148b229f56414a8372 · Jan 2023 · p. 1
|SectionMontgomery County First Amended Standing Order Regarding Case Captions and Styles
Filing RequirementsMandatoryCivil cases

Motions and responses must be written and include certificates of service and conference and a separate proposed order.

Document
Motion and response

Must include

  • Proposed order
  • Certificate of service
  • Certificate of conference

Court's wording

Motions and responses shall be in writing and shall be accompanied by a certificate of service, a certificate of conference, and a proposed order granting or denying the relief sought. The proposed order shall be filed as a separate instrument.

Tx Montgomery District:1b86fa0c28eacf9c04a237dd · p. 2
|SectionRule 2 — Pre-Trial Motions, 2.1 Forms
Filing RequirementsMandatoryCivil cases

A motion on a submission docket must include a certificate of service identifying the served instrument, service method, recipients, and service date.

Document
Submission docket motion

Must include

  • Certificate of service

Court's wording

Additionally, any motion placed on a submission docket must contain a certificate of service that includes (1) the name of the instrument which was served, (2) the method of service, (3) the name(s) of the person/people on whom it was served, and (4) the date on which it was served.

Tx Montgomery District:1b86fa0c28eacf9c04a237dd · p. 2
|SectionRule 2 — Pre-Trial Motions, 2.3 Submission
Filing RequirementsMandatoryCivil cases

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.

Tx Montgomery District:1b86fa0c28eacf9c04a237dd · p. 2
|SectionRule 2 — Pre-Trial Motions, 2.2 Scheduling
Filing RequirementsMandatoryCivil cases

Submission-docket motions generally require a signed certificate documenting pre-filing efforts to resolve the dispute, including dates, times, and communication methods, subject to listed exceptions.

Document
Submission docket motion

Must include

  • Certificate of conference

Court's wording

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 attempt(s), and the manner(s) of communication of the attempt(s). 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.

Tx Montgomery District:1b86fa0c28eacf9c04a237dd · p. 2
|SectionRule 2 — Pre-Trial Motions, 2.3 Submission
Filing RequirementsMandatoryCivil cases

A sworn Inventory and Appraisement must disclose each party’s property interests, beneficial interests, characterization of property, debts, and the fair market value of each listed asset and liability.

Court's wording

Each party is ordered to list all property, real and personal, tangible and intangible, in which each party owns an interest. The inventory shall include a listing of all beneficial interests, such as insurance and employment benefits. The inventory shall state that party's opinion as to the character of the property, separate or community. The inventory shall list all debt owed by the parties or either party. The inventory shall list and total the fair market value of each individual item of property listed and each liability.

Tx Montgomery District:1b86fa0c28eacf9c04a237dd · p. 4
|SectionRule 5.3 Final Trial/Sworn Inventory and Appraisement
Filing RequirementsMandatoryCivil cases

The required temporary-orders disclosures include financial statements, two years of tax returns, six recent payroll stubs, specified bank statements for self-employed parties, and information required by the cited Family Code sections.

Court's wording

(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.

Filing RequirementsMandatoryCivil cases

Upon rendition of any order, the prevailing party or the party designated by the court shall prepare a written order complying with the court's ruling.

Filing RequirementsMandatoryCivil cases

A motion to enter shall be accompanied by the proposed order the subject of the motion, and the proposed order shall also be filed as a separate document.

Document
Motion to enter

Must include

  • Proposed order
Filing RequirementsMandatoryCivil cases

9.2.2 **Written Discovery Responses:** For written discovery responses, (1) the type(s) of discovery vehicle to which the response applies and (2) when it was served.

Filing RequirementsMandatoryCivil cases

The proposed order shall be a separate instrument.

Tx Montgomery District:3b30916da71ef9ef5fce806e · p. 4
|SectionRule 10 — Contested Motions
Filing RequirementsMandatoryCivil cases

In civil cases, including expedited cases, parties must file Certificates of Discovery containing the specified information.

Court's wording

9.2 **Certificates of Discovery:** For civil cases, including expedited cases under Texas Government Code Chapter 22, the parties are required to file Certificates of Discovery providing the following information:

Filing RequirementsMandatoryCivil cases

9.2.3 **Depositions:** For depositions (both oral and written), (1) the identity of the deponent and (2) the date of the deposition.

Filing RequirementsMandatoryCivil cases

9.2.1 **Written Discovery Requests:** For written discovery requests, (1) the type(s) of discovery vehicle which was served, (2) when it was served, and (3) who is responsible for responding to the requests which were served.

Filing RequirementsMandatoryCivil cases

Certificates of service must identify the served instrument, service method, recipients, and service date; an incomplete certificate creates no presumption of service.

Court's wording

9.3 **Certificates of Service:** Certificates of service must include (1) the name of the instrument which was served, (2) the method of service, (3) the name(s) of the person/people on whom it was served, and (4) the date on which it was served. A certificate of service which fails to provide this information creates no presumption that the instrument was served.

Filing RequirementsMandatoryCivil cases

11.2 Payment: A guardian ad litem or attorney ad litem wishing to apply to the Court for fees shall make an appropriate fee request with a proposed order.

Document
Fee request

Must include

  • Proposed order
Filing RequirementsMandatory

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.

Document
Discovery order

Must include

  • Certificate of service
Filing RequirementsMandatory

A guardian ad litem wishing to apply to the Juvenile Trial Court for fees shall make an appropriate fee request with a proposed order.

Document
Guardian ad litem fee request

Must include

  • Proposed order
Tx Montgomery District:ddea209eb05ffa771249d145 · Dec 2022 · p. 3
|SectionRule 9: Guardians Ad Litem and Attorneys Ad Litem
Filing RequirementsMandatoryCriminal cases

The magistrate must record the arrest and appearance times, specified advisements about counsel, and whether the defendant requested appointed counsel.

Court's wording

8. The magistrate shall record the following: a. The date and time the defendant was arrested and the date and time when he/she was brought before the magistrate. b. Whether the magistrate informed and explained to the accused the right to counsel. c. Whether the magistrate informed the defendant of the right to request appointment of counsel and the magistrate asked the defendant whether he/she wants to request counsel. d. Whether the defendant requested appointment of counsel

Filing RequirementsMandatoryCriminal cases

For an out-of-county warrant arrest, the magistrate must ask about appointed counsel and record the response; if counsel is requested, the forms and assistance must be provided, and the forms transmitted within 24 hours of the request.

Court's wording

11. For persons arrested on out-of-county warrants, the magistrate will ask the defendant if he/she would like to request appointed counsel. The magistrate will record the response, and if counsel is requested, the Office of Indigent Defense will provide the arrestee with the appropriate forms for requesting counsel. The Office of Indigent Defense will ensure assistance in completing the forms at the same time. The forms will be transmitted to the appointing authority in the county issuing the warrant within 24 hours of the request being made.

Filing RequirementsMandatoryCriminal cases

An indigent defendant requesting appointed counsel must sign an Indigence Form swearing that they cannot hire their own attorney.

Court's wording

C. Indigence Statement: Defendants who are determined to be indigent and request a court appointed attorney shall sign the Indigence Form containing a statement, swearing that they are unable to hire their own attorney.

Filing RequirementsMandatoryCriminal cases

Attorneys seeking appointment-list placement must file the sworn application, local-rules certification, and sworn training affidavit with the Board of Judges.

Court's wording

Attorneys who desire to represent indigent persons shall file with the Board of Judges (1) a sworn Application To Be Placed On Public Appointment List For Montgomery County, attached hereto as Exhibit "A", (2) an Attorney Certification of Knowledge Of Local Rules For The Timely and Fair Appointment of Counsel for Indigent Defendants, attached hereto as Exhibit "B" and (3) a sworn Affidavit for Completed Training on Fair Indigent Defense Online System, attached hereto as Exhibit "O".

Tx Montgomery District:efd7b2a71658d0ee591cf349 · p. 6
|SectionMinimum Attorney Qualifications for Appeal Cases
Filing RequirementsMandatoryCriminal cases

G. No Request for Attorney: If a defendant does not request an appointed attorney, the defendant will both sign and date the Probable Cause, Rights, Bail And Attorney Request Form, attached hereto as Exhibit "C".

Filing RequirementsMandatoryCriminal cases

D. Attorney Requests for Contract Defender Appointments. Attorneys must complete and submit a resume to the Office of Indigent Defense. Resume should include the following: a. Name and bar card number b. Telephone, facsimile and e-mail c. Work Experience d. Education e. Trial Experience f. Picture

Tx Montgomery District:efd7b2a71658d0ee591cf349 · p. 14
|SectionD. Attorney Requests for Contract Defender Appointments
Filing RequirementsMandatoryCriminal cases

An expense request for investigative or expert services must state, as applicable, the service type, supporting facts, and estimated cost.

Court's wording

Appointed counsel may file with the trial court a pretrial ex parte confidential request for payment of investigative and expert witness expenses. The request for expenses must state, as applicable: 1. the type of investigation to be conducted or the type of expert to be retained; 2. specific facts that suggest the investigation will result in admissible evidence or is reasonably necessary to assist in the preparation of a potential defense; and 3. an estimate of the cost of said investigation/expert.

Tx Montgomery District:efd7b2a71658d0ee591cf349 · p. 17
|SectionE. Investigators and Expert Expenses With Prior Court Approval
Filing RequirementsMandatory

11.1 A guardian ad litem or attorney ad litem wishing to apply to the Court for fees shall in addition to making an appropriate fee request file with the Court the Court promulgated order form when requesting fees of $1,000.00 or more.

Tx Montgomery District:e70973beb867dc260dbac3b2 · Dec 2022 · p. 4
|SectionRule 11 — Guardians Ad Litem and Attorneys Ad Litem
Filing RequirementsMandatory

10.1 Contested motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought. The proposed order shall be a separate instrument.

Document
Contested motion and response

Must include

  • Proposed order
Tx Montgomery District:e70973beb867dc260dbac3b2 · Dec 2022 · p. 4
|SectionRule 10 — Hearings on Pre-Trial Motions
Filing RequirementsMandatory

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.

Filing RequirementsImportantCivil cases

A request for oral argument must be written and explain why a hearing is necessary, but granting it is discretionary and the request does not count as a response.

Court's wording

A motion or response may include a request for oral argument. Said request shall be in writing and set forth the reasons for the necessity of an oral hearing. It is in the sole discretion of the court whether to grant the request for oral hearing. A request for oral argument is not a response under this rule.

Filing RequirementsImportantCivil cases

The party preparing the order shall attempt to obtain approval as to form from the opposing attorney and/or party.

Filing RequirementsImportantCriminal cases

Attorneys applying for the Magistration and Bail Review List must submit a resume to the Office of Indigent Defense; the resume should include the listed information.

Court's wording

2. Attorney Requests for Magistration and Bail Review List. Attorneys must complete and submit a resume to the Office of Indigent Defense. Resume should include the following: a. Name and bar card number b. Telephone, facsimile and e-mail c. Work Experience d. Education e. Trial Experience f. Picture

Tx Montgomery District:efd7b2a71658d0ee591cf349 · p. 4
|SectionMagistration and Bail Review List
Filing RequirementsImportantCriminal cases

1. Ensure all information on their application is correct;

Tx Montgomery District:efd7b2a71658d0ee591cf349 · p. 6
|SectionMinimum Attorney Qualifications for Appeal Cases
Filing RequirementsImportant

The party preparing the order shall attempt to obtain approval as to form from the opposing counsel or pro se litigant.

Filing & Service rules

Electronic Filing Rules

Cases within the concurrent jurisdiction of the District Courts and County Courts at Law must be filed with the District Clerk and assigned under a written order signed by both local administrative judges and filed with the District Clerk.

All cases within the concurrent jurisdiction of the District Courts and the County . Courts at Law shall be filed with the District Clerk and assigned between the o·istrict Courts and County Courts at Law :according to a written order of assignment signed by both: the Local Administrative District Judge and the Local Administrative Statutory County Court Judge, and .filed with the-District ·Clerk.

Page 3 | RULE 4 — LOCAL COURT ADMINISTRATION, 4.1 Filing and Assignment of Cases

Cases within the exclusive jurisdiction of the District Courts must be filed in the District Clerk's office and assigned under a written order signed by the Local Administrative District Judge and filed with the District Clerk.

All cases of which the District Courts have exclusive jurisdiction shall be filed in the District Clerk's office and assigned between the District Courts according to a written, order of assignllient signed by the Local Administrative District Judge, and filed with the District Clerk.

Page 3 | RULE 4 — LOCAL COURT ADMINISTRATION, 4.1 Filing and Assignment of Cases

An assignment may be altered by a written order signed by the judges of all affected courts and filed with the applicable clerk or clerks.

The assignment of cases prescribed above may be altered by a written order of· assignment when signed by the judges of all courts affected by the written order and filed with the District Clerk and/or County Clerk, as applica'ble.

Page 3 | RULE 4 — LOCAL COURT ADMINISTRATION, 4.1 Filing and Assignment of Cases

Cases within the exclusive jurisdiction of the County Courts at Law must be filed in the County Clerk's office and assigned under a written order signed by the Local Administrative Statutory County Court Judge and filed with the County Clerk.

All cases ofwhich the County Courts at Law have exclusive jurisdiction shall be filed in the County Clerk's office and assigned between the County Courts at Law according to a written order of ·assignment signed by the Local Administrative Statutory 'County Court Judge, and filed with the County Clerk.

Page 3 | RULE 4 — LOCAL COURT ADMINISTRATION, 4.1 Filing and Assignment of Cases

FIDO is the exclusive online system for determining indigence, appointing attorneys, and submitting, approving, and sending payment vouchers in criminal cases.

The Fair Indigent Defense Online (FIDO) will be the only method to determine indigence, appoint attorneys, submit, approve, and send vouchers for payment in criminal cases.

Criminal cases

Page 1 | PREAMBLE

Fee vouchers for capital and appeal case payment requests should be submitted through the Fair Indigent Defense Online System.

B. Request for payment on Capital and Appeal Cases: Fee voucher should be submitted to the court via the Fair Indigent Defense Online System.

Criminal cases

Page 17 | B. Request for payment on Capital and Appeal Cases

Filing Timing and Cure Windows

A motion on a submission docket must be submitted to the court on its stated submission date.

The motion shall be submitted to the court upon that date.

Civil cases

Page 2 | Rule 2 — Pre-Trial Motions, 2.3 Submission

Responses to submission-docket motions 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.

Civil cases

Page 2 | Rule 2 — Pre-Trial Motions, 2.3 Submission

A submission-docket notice must state a submission date obtained from the court that is 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.

Civil cases

Page 2 | Rule 2 — Pre-Trial Motions, 2.3 Submission

For final trials involving child or spousal support, the parties must file and exchange the specified information at least 30 days before trial unless the court orders otherwise.

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:

Civil cases

Page 4 | Rule 5.2 Final Trial/Financial Information Statement

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

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:

Civil cases

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

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

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.

Civil cases

Page 4 | Rule 5.3 Final Trial/Sworn Inventory and Appraisement

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

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

Civil cases

Page 5 | Rule 7 — Entry of Orders

Notices of hearing or submission must be filed and served as required by law and the Texas Rules of Civil Procedure, and, except for emergency motions, no fewer than 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

Responses must be written and filed as otherwise required, and no later than 24 hours before the court considers them.

10.4 Written Responses: Responses shall be in writing. 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 | Rule 10.4 Written Responses

After an oral final order, the prevailing party must prepare a written order complying with the ruling and file it by the court-set date.

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

For arraignment and pre-trial settings, a defendant may be absent if the waiver and scheduling order are filed before 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

A waiver of arraignment and reset with scheduling order must be filed before noon on the business day immediately preceding the arraignment setting to excuse the defendant’s personal appearance.

8.1.1 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 Arraignment Settings

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

8.3.5 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. 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 Motions Settings

A reset agreed to by the State and the Defendant must be granted by the Court and filed before noon on the business day immediately preceding the pretrial setting to excuse the Defendant’s presence.

8.2.4 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

To avoid immediate bond forfeiture when the client does not appear, a waiver of arraignment or reset with a scheduling order must be filed with the Court by noon on the business day before the setting.

11.1 If the client does not appear at all settings as set forth above, or obtain a waiver of arraignment/reset with scheduling order filed with the Court prior to noon the business day immediately prior to the Court setting, his or her bond will be forfeited immediately.

Page 5 | Rule 11 — Bond Forfeiture

A defendant dissatisfied with the bail amount may request a bail rehearing at the 15.17 hearing, and the rehearing occurs the next working day.

7. If the defendant is not satisfied with the bail amount given by the magistrate, the defendant may request a bail re-hearing at the 15.17 hearing. This re-hearing will occur the next working day.

Criminal cases

Page 3 | C. Magistration

For an out-of-county warrant arrest, requested counsel forms must be transmitted to the appointing authority in the warrant-issuing county within 24 hours of the request.

11. For persons arrested on out-of-county warrants, the magistrate will ask the defendant if he/she would like to request appointed counsel. The magistrate will record the response, and if counsel is requested, the Office of Indigent Defense will provide the arrestee with the appropriate forms for requesting counsel. The Office of Indigent Defense will ensure assistance in completing the forms at the same time. The forms will be transmitted to the appointing authority in the county issuing the warrant within 24 hours of the request being made.

Criminal cases

Page 3 | C. Magistration

When an unauthorized magistrate receives a request for appointed counsel, the required forms must be transmitted to the OCA without unnecessary delay and within 24 hours of the request.

9. If the magistrate is not authorized to appoint counsel and if the defendant requests appointment of counsel, the magistrate shall transmit or cause to be transmitted the magistrate form and any other forms requesting appointment of counsel to the OCA (the appointing authority). The forms requesting appointment of counsel shall be transmitted without unnecessary delay, but not later than 24 hours after the defendant requests appointment of counsel.

Criminal cases

Page 3 | C. Magistration

An authorized magistrate must determine indigence and appoint counsel within one working day after receiving the request for counsel.

10. If the magistrate is authorized to appoint counsel, the magistrate shall make a determination of indigence and shall appoint counsel within one working day after receipt of request for counsel consistent with Article 15.17 of the Texas Code of Criminal Procedure.

Criminal cases

Page 3 | C. Magistration

Attorneys must reapply for Public Appointment List approval every other year on July 1, beginning July 1, 2015, and approval requires a majority of the designated District Court Judges.

9. All attorneys shall reapply biennially for approval to the Public Appointment List(s) and must be approved by a majority of the District Court Judges handling criminal cases. The application renewal date is July 01, 2015, and on the same day of every other year thereafter.

Criminal cases

Page 7 | Attorney Qualifications for Magistration and Bail Review List

Attorneys must submit the specified annual practice-time statement through the Texas Indigent Defense Commission’s online form by October 15.

8. An attorney shall submit by October 15th each year a statement that describes the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in Montgomery County for adult criminal cases for the prior 12 months that begins on October 1 and ends on September 30. The report must be submitted through the online form to the Texas Indigent Defense Commission.

Criminal cases

Page 7 | Attorney Qualifications for Magistration and Bail Review List

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 if the court rules without further setting.

10.3 Responses shall be in writing. 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 4 | Rule 10 — Hearings on Pre-Trial Motions

Service and Proof of Service Rules

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

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.

Civil cases

Page 2 | Rule 2 — Pre-Trial Motions, 2.2 Scheduling

Notices of hearing or submission must be served as required by law and the Texas Rules of Civil Procedure, and, except for emergency motions, no fewer than 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 movant must serve all parties written notice of the court-scheduled consideration date and time and state whether the matter will be heard orally or by submission.

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.

Civil cases

Page 4 | Rule 10 — Contested Motions

If the court provides a new setting date and time, 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 | Rule 10.3 Failure to Contact Court

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

8.3.2 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

After the Judge signs a Discovery Order, 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 Motions Settings

The State and Defendant will receive reset dates, and both sides must receive notice of bail or revocation hearings so they can call witnesses and present evidence.

Both the State and Defendant will receive the new date and if it set for a hearing on bail or a revocation hearing, for instance, both sides shall receive notice in order for them to be able to call witnesses and present evidence.

Page 3 | Rule 6 — Resets

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

9.4 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.

Page 3 | Rule 9 — Docket Control & Citations

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.

9.3 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.

Page 3 | Rule 9 — Docket Control & Citations

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

10.2 Movant shall schedule with the court a date and time for consideration of the motion. 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 4 | Rule 10 — Hearings on Pre-Trial Motions

A certificate of service that omits the required information creates no presumption that the instrument was served.

A certificate of service which fails to provide this information creates no presumption that the instrument was served.

Civil cases

Page 2 | Rule 2 — Pre-Trial Motions, 2.3 Submission

Filing Fees and Waivers

The party seeking severance must pay all applicable clerk filing fees for the clerk to assign a new file date and cause number, and the severance order may be vacated if the 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 severance order remains interlocutory and subject to vacatur until the requesting party pays any applicable clerk 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.

Page 2 | Rule 5 — Severance

The clerk assigns a new file date and cause number to a severed case after the party seeking severance pays all clerk fees, unless the severance order specifies otherwise.

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.

Page 2 | Rule 5 — Severance

Sealing & Redaction Procedures

Cases in which the Texas Department of Family and Protective Services is a party must be sealed by the Montgomery County District Clerk.

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

Adjournment & Extension Requirements

When an attorney is already in trial, the Court determines the trial assignment and may hold or reset the case depending on when the attorney will be released.

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:

Page 6 | 4.7 Conflicting Engagements

The Court will allow a self-represented defendant to reset the case to obtain more 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

Chambers Communication Rules

If the Juvenile Trial Judge is unexpectedly unavailable, litigants must contact the Administrative Judge for the County Courts at Law of Montgomery County about 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

For juvenile matters, litigants must initially contact the Juvenile Trial Judge, who serves as 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

An attorney must notify the affected judge of all dual settings as soon as they are 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

Common questions about Montgomery County, TX rules

What formatting rules apply to filings in Montgomery County, TX?

Montgomery County, TX's formatting rule includes documents must be in writing., use 12 to 14 point font., and documents must be well organized and use complete sentences.. Contested motions and responses must be written in 12-to-14-point font, well organized, use complete sentences, and include a separate proposed order granting or denying the requested relief.

View ruleSource: page 4, section Rule 10 — Contested Motions

What must be included with pleading filings in Montgomery County, TX?

The rule requires caption. Pleadings must include the full names of the parties and any minor children in the caption, and the clerk must refuse noncompliant pleadings, except in adoption and Chapter 33 cases.

View ruleSource: page 1, section Montgomery County First Amended Standing Order Regarding Case Captions and Styles

What must be included with submission docket motion filings in Montgomery County, TX?

The rule requires certificate of conference. Submission-docket motions generally require a signed certificate documenting pre-filing efforts to resolve the dispute, including dates, times, and communication methods, subject to listed exceptions.

View ruleSource: page 2, section Rule 2 — Pre-Trial Motions, 2.3 Submission

How may parties contact Montgomery County, TX?

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

View ruleSource: page 3, section Rule 7: On-Call Status for Emergency or Exigent Matters

How does Montgomery County, TX handle sealed or redacted filings?

Cases in which the Texas Department of Family and Protective Services is a party must be sealed by the Montgomery County District Clerk.

View ruleSource: page 1, section ORDER REGARDING SUITS INVOLVING THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

How do I request an adjournment or extension in Montgomery County, TX?

When an attorney is already in trial, the Court determines the trial assignment and may hold or reset the case depending on when the attorney will be released.

View ruleSource: page 6, section 4.7 Conflicting Engagements

Is electronic filing required in Montgomery County, TX?

Cases within the concurrent jurisdiction of the District Courts and County Courts at Law must be filed with the District Clerk and assigned under a written order signed by both local administrative judges and filed with the District Clerk.

View ruleSource: page 3, section RULE 4 — LOCAL COURT ADMINISTRATION, 4.1 Filing and Assignment of Cases

Are filing fees or waivers addressed in Montgomery County, TX?

A fee is required for covered filings. The party seeking severance must pay all applicable clerk filing fees for the clerk to assign a new file date and cause number, and the severance order may be vacated if the fees are not paid.

View ruleSource: page 2, section Rule 5 — Severance

What filing deadlines does Montgomery County, TX set?

A submission-docket notice must state a submission date obtained from the court that is at least ten days after filing, unless the court grants leave.

View ruleSource: page 2, section Rule 2 — Pre-Trial Motions, 2.3 Submission

What rule applies to serving all parties in Montgomery County, TX?

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

View ruleSource: page 2, section Rule 2 — Pre-Trial Motions, 2.2 Scheduling
Complete rules summary for Montgomery County, TX

Cases within the concurrent jurisdiction of the District Courts and County Courts at Law must be filed with the District Clerk and assigned under a written order signed by both local administrative judges and filed with the District Clerk.

Cases within the exclusive jurisdiction of the District Courts must be filed in the District Clerk's office and assigned under a written order signed by the Local Administrative District Judge and filed with the District Clerk.

Cases within the exclusive jurisdiction of the County Courts at Law must be filed in the County Clerk's office and assigned under a written order signed by the Local Administrative Statutory County Court Judge and filed with the County Clerk.

An assignment may be altered by a written order signed by the judges of all affected courts and filed with the applicable clerk or clerks.

When an attorney is already in trial, the Court determines the trial assignment and may hold or reset the case depending on when the attorney will be released.

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

Pleadings must include the full names of the parties and any minor children in the caption, and the clerk must refuse noncompliant pleadings, except in adoption and Chapter 33 cases.

Submission-docket motions generally require a signed certificate documenting pre-filing efforts to resolve the dispute, including dates, times, and communication methods, subject to listed exceptions.

A submission-docket notice must state a submission date obtained from the court that is at least ten days after filing, unless the court grants leave.

A motion on a submission docket must be submitted to the court on its stated submission date.

Responses to submission-docket motions must be filed at least two business days before the submission date.

A request for oral argument must be written and explain why a hearing is necessary, but granting it is discretionary and the request does not count as a response.

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

The required temporary-orders disclosures include financial statements, two years of tax returns, six recent payroll stubs, specified bank statements for self-employed parties, and information required by the cited Family Code sections.

For final trials involving child or spousal support, the parties must file and exchange the specified information at least 30 days before trial unless the court orders otherwise.

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

A sworn Inventory and Appraisement must disclose each party’s property interests, beneficial interests, characterization of property, debts, and the fair market value of each listed asset and liability.

Motions and responses must be written and include certificates of service and conference and a separate proposed order.

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

The written motion notice must state the hearing date and time and whether the motion will be considered orally or on submission.

A motion on a submission docket must include a certificate of service identifying the served instrument, service method, recipients, and service date.

A certificate of service that omits the required information creates no presumption that the instrument was served.

After an order is rendered, the prevailing party or court-designated party must prepare a written order that complies with the ruling.

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

The party preparing the order shall attempt to obtain approval as to form from the opposing attorney and/or party.

A motion to enter must include the proposed order and the proposed order must also be filed separately.

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

In civil cases, including expedited cases, parties must file Certificates of Discovery containing the specified information.

Certificates of Discovery concerning written discovery requests must identify the discovery vehicle, service date, and person responsible for responding.

Certificates of Discovery concerning written discovery responses must identify the discovery vehicle to which the response applies and the service date.

More Judges in Montgomery County, TX

Jaqueline (Bello) Williams
Judge
Jarrod Lee Walker
Judge
Jennifer James Robin
Judge
Kathleen A. Hamilton
Judge
Kelly Hughes Norsworthy
Judge
Kristin L. Bays
Judge
Lisa Ann Michalk
Judge
Patricia (Patty) Maginnis
Judge