Judge Kelly Hughes Norsworthy
Individual Rules, Standing Orders & Policies
- Rules last changed:
Document Filing Requirements11 rules
In family law matters involving division of the marital estate, a sworn Inventory and Appraisement must be on file at the time of the default judgment hearing or the matter will be reset until this requirement is met.
Counsel shall ensure that any relief requested in the final proposed order is covered sufficiently by the pleadings in accordance with the Texas Rules of Civil Procedure and applicable case law.
A copy of the filed inventory and appraisement shall be marked as an exhibit and offered at the time of the hearing on the default judgment.
In all cases set for a default judgment hearing, a proposed judgment must be prepared and be on file amongst the records of the cause by hearing date.
In family law matters involving child support and/or medical support, the following exhibits shall be prepared and marked as exhibits at the time of the hearing on the default judgment: proposed child support calculations, supporting documentation for said calculations, and proof of cost of insurance for the child(ren) only, if available.
The sponsoring attorney or pro se party must file a certificate at least 24 hours before the hearing or trial certifying compliance with items 1–6 for each witness approved to testify remotely.
Court's wording
9) IT IS FURTHER ORDERED THAT the sponsoring attorney (or pro se party) of a remote witness shall file a certificate with the court at least twenty-four (24) hours prior to the hearing or final trial, amongst the records of the cause, certifying as an officer of the court that he/she has complied with items numbered 1-6 above, as to each witness he/she has been granted permission by the court to testify remotely by Zoom.
THE FAILURE OF MOVANT TO FILE A TIMELY "NOTICE OF HEARING BY SUBMISSION" AND/OR TO FILE A PROPOSED ORDER FULLY SETTING FORTH THE RELIEF REQUESTED IN THE MOTION, AND/OR TO FILE A CERTIFICATE OF CONFERENCE, SHALL RESULT IN NO ACTION BEING TAKEN ON THE PARTY'S MOTION.
- Document
- Motion
Must include
- •Proposed order
Submission dates shall be obtained from the Court Coordinator and included in a NOTICE OF SUBMISSION which shall be served on all counsel/parties as required under Number 1 above, along with a proposed order granting the relief sought.
An opposing party filing a response must include a proposed order denying the requested relief.
- Document
- Response
Must include
- •Proposed order
Court's wording
Opposing counsel/parties shall file a response (and may request an oral hearing in same), along with a proposed order denying the relief sought, both of which must be filed at least two working days before the submission date.
A motion set for submission requires a certificate of conference before it may be granted, except for the listed motion types.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
No motion set for submission shall be granted unless the moving party has filed a CERTIFICATE OF CONFERENCE, in compliance with Rule 2.3 of the Local Rules of Practice Before the Family Courts in Montgomery County, Texas. The provision in this paragraph does not apply to Motions for Summary Judgment, Motions for Default Judgment, Motions for Voluntary Dismissal or Nonsuit, Motions for New Trial, Instanter Motions and Motions Involving Service of Citation.
In cases involving children, each party must complete and file the specified health and dental insurance information form with an original pleading or no later than 24 hours before a hearing involving child support.
Court's wording
In cases involving children, and in compliance with Texas Family Code §154.181 and §154.1815 and Rule 5.1 of the Local Rules of Practice Before the Family Courts in Montgomery County, Texas, each party is ORDERED to fully complete the form on the court's website entitled "Required Health and Dental Insurance Information Pursuant to TFC §154.181 and and §154.1815," and shall file same amongst the records of this cause at the time of filing that party's original petition or original answer or counter-petition, as applicable, or at the very latest, within twenty-four (24) hours prior to any hearing that may involve the support of a child or children.
Filing & Service rules
Filing Timing and Cure Windows
A motion for remote witness testimony is timely if filed at least seven days before the hearing, or within one business day after receiving notice when notice comes less than seven days beforehand; a motion filed less than 72 hours beforehand is untimely unless the court grants leave.
2) A motion for a witness(es) to appear remotely by Zoom shall be considered timely filed if it is filed at least seven (7) days in advance of a hearing or final. If the moving attorney (or pro se party) receives notice of the hearing less than seven (7) days before the hearing, then said motion shall be considered timely if it is filed within one business day of the date the notice of hearing is received. A motion filed less than seventy-two (72) hours prior to a hearing date may not be reviewed by the court in time for the hearing, and will be considered untimely unless leave is requested and granted by the court.
Page 1 | Standing Order of the 410th Judicial District Court Regarding Remote Appearances by Zoom
The certificate documenting compliance must be filed at least 24 hours before the hearing or final trial.
9) IT IS FURTHER ORDERED THAT the sponsoring attorney (or pro se party) of a remote witness shall file a certificate with the court at least twenty-four (24) hours prior to the hearing or final trial, amongst the records of the cause, certifying as an officer of the court that he/she has complied with items numbered 1-6 above, as to each witness he/she has been granted permission by the court to testify remotely by Zoom.
Page 2 | Standing Order of the 410th Judicial District Court Regarding Remote Appearances by Zoom
File any response and proposed order denying relief at least two working days before the submission date.
Opposing counsel/parties shall file a response (and may request an oral hearing in same), along with a proposed order denying the relief sought, both of which must be filed at least two working days before the submission date.
Civil cases
Page 1 | SUBMISSION HEARINGS
The required health and dental insurance information form must be filed with the applicable original pleading or, at the latest, 24 hours before a hearing involving child support.
In cases involving children, and in compliance with Texas Family Code §154.181 and §154.1815 and Rule 5.1 of the Local Rules of Practice Before the Family Courts in Montgomery County, Texas, each party is ORDERED to fully complete the form on the court's website entitled "Required Health and Dental Insurance Information Pursuant to TFC §154.181 and and §154.1815," and shall file same amongst the records of this cause at the time of filing that party's original petition or original answer or counter-petition, as applicable, or at the very latest, within twenty-four (24) hours prior to any hearing that may involve the support of a child or children.
Civil cases
Page 2 | ORAL HEARINGS
Service and Proof of Service Rules
The sponsoring attorney or pro se party must provide all parties with electronic copies of the exhibits before the hearing or trial and ensure the remote witness has the exhibits available to reference while testifying.
5) A sponsoring attorney (or pro se party) of a witness granted permission to appear remotely IS HEREBY ORDERED TO provide an electronic copy of ALL parties' exhibits prior to the time of the scheduled hearing or final trial, AND IS FURTHER ORDERED to ensure that each remote witness either prints a copy of the exhibits to have available to reference during his/her testimony, or to ensure that the remote witness has the exhibits available on a separate electronic device (separate from the device used to connect by Zoom), next to that witness at the time of the hearing or final trial, so that he/she can reference same while testifying.
Page 1 | Standing Order of the 410th Judicial District Court Regarding Remote Appearances by Zoom
Motions and hearings not requiring live testimony are set by submission with at least 10 days’ notice, unless the Texas Rules require more notice.
All motions and hearings that do not require live testimony shall be set by SUBMISSION, with at least 10 days' notice to opposing counsel/parties in compliance with Rule 2.3 of the Local Rules of Practice Before the Family Courts in Montgomery County, Texas. If the Texas Rules of Civil Procedure require more than 10 days' notice on any given matter (e.g. Motion for Summary Judgment - 21 days), then the time period set by the Rules shall apply.
Civil cases
Page 1 | SUBMISSION HEARINGS
If the court grants an oral hearing on a submission, the requesting party must give proper notice after the Coordinator provides the hearing date and time.
If an oral hearing is granted, the Court Coordinator will advise the counsel/party that requested the oral hearing of the date and time for the hearing, and the said counsel/party shall give proper notice to all counsel/parties.
Civil cases
Page 1 | SUBMISSION HEARINGS
A motion requiring live testimony must be set for an oral hearing at the date and time provided by the Court Coordinator or Court Administrator, and the movant must give proper notice.
Any motion that requires live testimony shall be set for oral hearing on the date and time given Counsel by the Court Coordinator or Court Administrator, and the Movant shall give proper notice to all counsel/parties.
Civil cases
Page 2 | ORAL HEARINGS
Pre-Motion Conference Requirements
The parties must participate in a separate mediation for final trial no more than 90 days before trial.
THE PARTIES ARE ORDERED TO PARTICIPATE IN A SEPARATE MEDIATION FOR FINAL TRIAL, NO MORE THAN 90 DAYS PRIOR TO FINAL TRIAL. ANY MEDIATION FOR FINAL TRIAL THAT IS CONDUCTED MORE THAN NINETY (90) DAYS PRIOR TO THE TRIAL DATE WILL BE CONSIDERED TOO REMOTE IN TIME TO COMPLY WITH THIS ORDER.
Civil cases
Page 1 | STANDING ORDER REGARDING MEDIATION
Each party must contact the opposing counsel or party to schedule and complete mediation before the court date; after reasonable but unsuccessful efforts to obtain cooperation, the complying party must file and set a motion to compel mediation before trial, including at least 45 days before trial.
Each party has the duty, and is THEREFORE ORDERED, to call or email the opposing counsel/party to set up a date for mediation prior to your hearing/trial, and to complete your mediation before your court date. If a party is unable to get cooperation from the opposing side to schedule mediation prior to final trial after reasonable effort to obtain same, the complying party IS ORDERED to file a motion to compel mediation at least 45 days prior to trial, and set same on a submission docket prior to trial.
Civil cases
Page 1 | STANDING ORDER REGARDING MEDIATION
All parties and their attorneys must attend every scheduled mediation session to engage in constructive settlement negotiations.
All parties and their attorneys are required to attend all scheduled mediation sessions for the purpose of engaging in constructive settlement negotiations.
Civil cases
Page 1 | STANDING ORDER REGARDING MEDIATION
All parties must attend mediation before an evidentiary oral hearing, except for the specified matters.
PRIOR TO AN EVIDENTIARY ORAL HEARING (EXCEPT AS SPECIFIED BELOW), THE COURT ORDERS ALL PARTIES TO ATTEND MEDIATION.
Civil cases
Page 1 | STANDING ORDER REGARDING MEDIATION
Adjournment & Extension Requirements
The hearing or trial will not be continued because of noncompliance with the Standing Order, and noncompliance may result in remote testimony permission being withdrawn and the witness being excluded from testifying remotely.
3) The failure of the sponsoring party to fully and timely comply with this Standing Order will result in the court vacating any prior permission given by the court for a witness(es) to appear remotely by Zoom, and will result in the court prohibiting said witness(es) from testifying remotely by Zoom on the date of the hearing or final trial. This is your notice from this court to fully and timely comply with this Standing Order in all respects, or else be put on notice that your remote witness(es) will be excluded from testifying remotely, even if previously granted permission by the court to testify remotely. The hearing and/or final trial will not be continued due to a failure to comply with this Standing Order.
Page 1 | Standing Order of the 410th Judicial District Court Regarding Remote Appearances by Zoom
Parties may request additional time beyond the final trial date to enter agreed final orders under a mediated settlement agreement when filing the required Joint Status Report for the submission pretrial conference.
If the parties are requesting additional time (beyond the Final Trial date) to enter agreed final orders pursuant to a mediated settlement agreement, then the parties may request same when filing their Joint Status Report required for their Pretrial Conference conducted by submission, per the Court's Docket Control Order.
Civil cases
Page 1 | STANDING ORDER REGARDING MEDIATION