Judge Kristin L. Bays
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- A motion for continuance will be considered only if it is written, timely filed, supported by an affidavit showing sufficient cause, and describes the reason and requested duration.
- A motion for continuance that is not agreed must be set for submission.
- An agreed motion for continuance need not be set for submission.
- +1 more
Request must include
- Absent an emergency, the Court will not consider a motion for continuance filed within 14 days of the first day of the two-week rolling trial docket.
Communication
Phone
Document Format Requirements1 rule
Do not attach written discovery or related objections and responses to a motion or response unless needed to show an inaccurate quotation; then attach only the necessary pages and highlight the error.
Court's wording
Please do not attach copies of the written discovery or the objections and responses to the written discovery to the electronically filed motion or response except as necessary to evidence a failure to accurately quote a discovery request, objection, or response. In that event, attach only the page(s) necessary to evidence the error and highlight the error on the page(s) attached.
Document Filing Requirements23 rules
Attorneys and parties may not file documents containing sensitive data unless the data is redacted.
Court's wording
Texas Rule of Civil Procedure 21c defines Sensitive Data as “consist[ing] of; (1) a driver’s license number, passport number, social security number, tax identification number, or similar government-issued personal identification number; (2) a bank account number, credit card number, or other financial account number; and (3) a birth date, a home address, and the name of any person who was a minor when the underlying suit was filed”, and prohibits attorneys and parties from filing documents “unless the sensitive data is redacted.”
It is further ORDERED that if a document must contain unredacted sensitive data, then the filing party must notify the clerk by marking it “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA”, and the District Clerk may, without further order of the Court, restrict any document so marked from being posted on the internet.
It is further ORDERED that Agreed Motions for Continuance need not be set for submission, and to qualify as agreed, the Motion must be signed by all parties.
It is further ORDERED that the second Motion for Continuance filed in a case must include a certification signed by the attorney or attorneys (in the case of an Agreed Motion for Continuance) which says: I certify to the Court that my client is aware of and agrees to the requested continuance.
It is further ORDERED that any subsequent Motions for Continuance (third or more) must include the client's signature on the Motion with the notation "AGREED" above that signature.
Attorneys and self-represented litigants who use Generative AI must include the specified verification in bold in their pleadings; the quoted verification continues beyond this excerpt.
- Document
- Pleadings
Must include
- •AI disclosure
Court's wording
As a result of Generative AI's tendency to fabricate and malfunction, the Court hereby ORDERS any attorney or self-represented litigant that chooses to use Generative AI in their work product, research, or drafting must include the following verification in bold in their pleadings: "Verification Regarding Use of Generative Artificial Intelligence My name is ________________, my address is ________________, I am over 18 years of age, of sound mind, and capable of making this verification. I swear under penalties of perjury that the statements contained in this verification are true and correct and
A pleading prepared using Generative AI must include the above verbatim verification in bold or it will not be considered.
- Document
- Pleading
Include
- •AI disclosure
- •The above verbatim verification in bold
Court's wording
If an attorney or self-represented litigant uses Generative AI in their work product, research, or drafting of a pleading and that pleading fails to contain the above verbatim verification in bold, it will not be considered by the Court.
Attorneys and self-represented litigants using Generative AI to prepare a pleading must include the above verbatim verification in bold in paragraph III.
- Document
- Pleading
Include
- •AI disclosure
Court's wording
**The Court, hereby ORDERS** it is a violation of this Standing Order if an attorney or self-represented litigant uses Generative AI in their work product, research, or drafting of a pleading and fails to include the above verbatim verification in bold in paragraph III.
The party or parties seeking partition must file and serve a Certificate of Service showing compliance with the requirement to serve the Abstract on newly appearing parties.
Court's wording
For any party or parties appearing after the Abstract of Title is first filed and served, it is ORDERED that the party or parties seeking partition shall immediately serve the Abstract of Title all newly appearing party/parties and must file and serve a Certificate of Service showing compliance with this requirement.
The Abstract of Title must include the specified index and transaction printouts, affidavit, applicable ownership or inheritance evidence, five years of tax history, and each claimed ownership interest.
Court's wording
It is ORDERED that, by no later than 30 days after the first defending party appears in a partition suit, the party or parties seeking partition shall file with the Court and serve on the parties an Abstract of Title containing the following items: 1. From the Montgomery County Clerk's Online Services or a licensed title company, a printout of the Grantor/Grantee index for every party who has or may have an interest in the tract and a printout listing all of the transactions involving the tract by its legal description; 2. An affidavit stating: a. The status of occupancy of the property; b. The fact that, other than persons named in the lawsuit as being potential or actual claimants of an interest in the property, there are no known persons who may be claimants of an interest in the property; and c. The fact that there are no known persons who may be possible adverse possessors of the property, other than any who have been named in the lawsuit. 3. As applicable: a. The deed or deeds from a common source from which the parties in the lawsuit claim their ownership; and/or b. Evidence of the inheritance of the property at issue in the parties named in the lawsuit, e.g., copies of probate proceedings or affidavits of heirship; and 4. Five years of the ad valorem tax history of the property from each tax collector collecting ad valorem taxes on the property. 5. A description of the ownership interest of each party claimed to have an ownership interest in the property.
5. It is ORDERED that in the event the Ad Litem uses the Hourly Fee, documentation of the time spent and the tasks performed shall be attached to the proposed Order Approving the Ad Litem Fee.
It is further ORDERED that for any and all Motions to Dismiss and Waive Costs in cases where an Ad Litem was appointed, the filing Attorney representing taxing authority/ies and/or tax lien lending organization(s) must provide proof of payment of any Attorney Ad Litem fees with the Motion.
The Motion to Compel must certify that the Motion to Compel was served on the Respondent in Word or WordPerfect format, and that a copy of the standing order was served with the Motion to Compel.
The Movant will prepare a proposed Order in which each disputed discovery request, identified by its number as propounded, is set forth and below which each discrete objection or deficiency is set forth, and leaving space below each discrete objection or deficiency in which the Court will make its rulings.
A motion to compel where a response was made must identify each disputed request by its propounded number, reproduce the request, objections, and responses verbatim, and place concise supporting argument and authority immediately below.
Court's wording
The Movant will prepare a Motion to Compel, identifying each separate discovery request about which there is controversy set forth by its number as propounded, and: - Writing the discovery request verbatim, - Writing each objection made to that request by the Respondent verbatim, and - Writing each answer or response made by the Respondent to that request verbatim. 2. Immediately below the matters described in (1), above, the Movant will succinctly state argument and authority pertaining to, as applicable: - Each discrete objection as to why that objection should be overruled, and - Each discrete response as to why the response is deficient.
In response to the Motion to Compel, and with respect to each discrete objection or response, Respondent shall succinctly state Respondent’s argument and authority as to why, as applicable, an objection should be sustained or a particular response is adequate.
The Response to the Motion to Compel must certify that the Response to the Motion to Compel was served on the Movant in Word or WordPerfect format.
In the case of a Motion to Compel as to written discovery to which a responding party has wholly failed to timely respond, a simple Motion so stating which provides the date(s) the written discovery was served and a simple proposed Order granting the Motion will suffice.
If a party seeks a Motion to Compel responses to questions lodged in an oral deposition which the Deponent did not answer or whose answers were deficient, then the Movant must follow the procedures in (B)(1)-(8), modified only insofar as the Movant shall provide deposition page and line references (as opposed to providing the number of the discovery response).
A party filing or offering a document containing Protected Health Information must redact the patient's name, birthdate, Social Security number, identification number, address, and telephone number.
Court's wording
It is further ORDERED that if any Protected Health Information will be used as a filing in a case or as a document offered in Court for any purpose, then the party filing or proffering the document containing Protected Health Information must redact the patient's (1) name, (2) birthdate, (3) social security number, (4) driver's license or government identification card number, (5) address, and (6) telephone number.
It is further ORDERED that if all of the above listed items (1)-(6) are not redacted from any document containing Protected Health Information which is filed in a case, then the District Clerk may, without further order of the Court, restrict any such unredacted document from being filed and require the filing party to provide a conformed copy of the document with redactions in its stead.
It is further ORDERED that if the above listed items (1)-(6) are not redacted from any document containing Protected Health Information offered in Court for any purpose, then the Court may reject the offer of such document, the admission of such document, or both, and may require offering a conformed copy of the document with the redactions in its stead.
3. It is ORDERED that if the Ad Litem claims only the Flat Fee on a case, then no supporting documentation is required for the Order Approving the Ad Litem Fee.
Filing & Service rules
Electronic Filing Rules
The movant must electronically serve and file the motion with a Notice of Submission and also provide the respondent an electronic copy in Word or WordPerfect format.
The Movant shall electronically serve and file the Motion to Compel along with a Notice of Submission in the usual manner, and shall also email or otherwise electronically serve a copy of the Motion in Word or WordPerfect format on the Respondent.
Civil cases
Page 1 | B. USE OF A SINGLE DOCUMENT FOR MOTIONS TO COMPEL WHERE A RESPONSE WAS MADE
The respondent must electronically file and serve the response and also provide the movant a copy in Word or WordPerfect format by email or other electronic service.
The Respondent shall electronically file and serve the Response to the Motion to Compel in the usual manner and shall also email or otherwise electronically serve a copy of the Response in Word or WordPerfect format on the Movant.
Civil cases
Page 2 | B. USE OF A SINGLE DOCUMENT FOR MOTIONS TO COMPEL WHERE A RESPONSE WAS MADE
The proposed order must be electronically served and filed, and a Word or WordPerfect copy must be emailed to the specified address using the required filename format.
The proposed Order will be electronically served and filed in the usual manner, and a copy of the proposed Order in Word or WordPerfect format with the file named “[Case Number] – Proposed Order – [Name of Party] Motion to Compel” will be emailed to haley.paul@mctx.org.
Civil cases
Page 2 | B. USE OF A SINGLE DOCUMENT FOR MOTIONS TO COMPEL WHERE A RESPONSE WAS MADE
If the Movant wishes to do so, the Movant may prepare a succinct Reply to each discrete response immediately below that particular response and will electronically serve and file any such Reply in the usual fashion.
If the Movant wishes to do so, the Movant may prepare a succinct Reply to each discrete response immediately below that particular response and will electronically serve and file any such Reply in the usual fashion.
Civil cases
Page 2 | B. USE OF A SINGLE DOCUMENT FOR MOTIONS TO COMPEL WHERE A RESPONSE WAS MADE
Filing Timing and Cure Windows
The party or parties seeking partition must file an Abstract of Title no later than 30 days after the first defending party appears.
It is ORDERED that, by no later than 30 days after the first defending party appears in a partition suit, the party or parties seeking partition shall file with the Court and serve on the parties an Abstract of Title containing the following items:
Civil cases
Page 1 | Standing Order Regarding Partition Lawsuits
Service and Proof of Service Rules
When a party appears after the Abstract of Title is first filed and served, the party or parties seeking partition must immediately serve that party with the Abstract and file and serve a Certificate of Service showing compliance.
For any party or parties appearing after the Abstract of Title is first filed and served, it is ORDERED that the party or parties seeking partition shall immediately serve the Abstract of Title all newly appearing party/parties and must file and serve a Certificate of Service showing compliance with this requirement.
Civil cases
Page 1 | Standing Order Regarding Partition Lawsuits
The party or parties seeking partition must serve the Abstract of Title on the parties no later than 30 days after the first defending party appears.
It is ORDERED that, by no later than 30 days after the first defending party appears in a partition suit, the party or parties seeking partition shall file with the Court and serve on the parties an Abstract of Title containing the following items:
Civil cases
Page 1 | Standing Order Regarding Partition Lawsuits
The movant must electronically serve the motion on the respondent and provide a copy in Word or WordPerfect format.
The Movant shall electronically serve and file the Motion to Compel along with a Notice of Submission in the usual manner, and shall also email or otherwise electronically serve a copy of the Motion in Word or WordPerfect format on the Respondent.
Civil cases
Page 1 | B. USE OF A SINGLE DOCUMENT FOR MOTIONS TO COMPEL WHERE A RESPONSE WAS MADE
Motions to Compel discovery are considered on the 284th District Court's submission docket. Please contact the Court (936-539-7861) in order to schedule a submission date, then please send notice in compliance with the Local Rules of the District Courts of Montgomery County, Texas, and, in particular, with Rule 3.7 Hearings on Pre-Trial Motions, subparts B and C, to the extent those Rules are not inconsistent with this Order.
Motions to Compel discovery are considered on the 284th District Court's submission docket. Please contact the Court (936-539-7861) in order to schedule a submission date, then please send notice in compliance with the Local Rules of the District Courts of Montgomery County, Texas, and, in particular, with Rule 3.7 Hearings on Pre-Trial Motions, subparts B and C, to the extent those Rules are not inconsistent with this Order.
Civil cases
Page 1 | A. SUBMISSION AND NOTICE
The respondent must electronically serve the response on the movant and provide a copy in Word or WordPerfect format.
The Respondent shall electronically file and serve the Response to the Motion to Compel in the usual manner and shall also email or otherwise electronically serve a copy of the Response in Word or WordPerfect format on the Movant.
Civil cases
Page 2 | B. USE OF A SINGLE DOCUMENT FOR MOTIONS TO COMPEL WHERE A RESPONSE WAS MADE
Sealing & Redaction Procedures
Any document containing Protected Health Information that is offered in Court must be sealed for exhibit filing with the District Clerk and for the appellate record, whether or not it is redacted or admitted.
It is further ORDERED that any document containing Protected Health Information, whether redacted or not, which is offered in Court, whether admitted as evidence or not, will be sealed for purposes of filing exhibits with the District Clerk and for the purpose of the appellate record.
Civil cases
Page 2 | Court Order Regarding Protected Health Information
Filing Bundling Requirements
Discovery motions are to present each disputed request, its related objections and responses, and related arguments together in one document.
The purpose of these procedures is to place each discrete discovery request, related objections, related responses, and related arguments together in a single document in order to expedite the Court's consideration of and rulings on discovery disputes by written submission.
Civil cases
Page 1 | Purpose
Adjournment & Extension Requirements
A motion for continuance that is not agreed must be set for submission.
It is further ORDERED that Motions for Continuance which are not agreed must be set for submission.
Civil cases
Page 1 | STANDING ORDER REGARDING MOTIONS FOR CONTINUANCE
An uncontested motion for continuance is not considered agreed and requires a setting.
- "Uncontested" is not the same as "Agreed"; uncontested motions require a setting.
Civil cases
Page 1 | STANDING ORDER REGARDING MOTIONS FOR CONTINUANCE
Absent an emergency, the Court will not consider a motion for continuance filed within 14 days of the first day of the two-week rolling trial docket.
It is further ORDERED that, absent an emergency, the Court will not consider any Motion for Continuance which is filed within 14 days of the first day of the two week rolling trial docket.
Civil cases
Page 1 | STANDING ORDER REGARDING MOTIONS FOR CONTINUANCE
A motion for continuance will be considered only if it is written, timely filed, supported by an affidavit showing sufficient cause, and describes the reason and requested duration.
It is ORDERED that a Motion for Continuance will be considered by the Court only if it is in writing, timely filed, with sufficient cause supported by affidavit, with a description of the reason a continuance is needed, and a statement as to how long of a continuance is needed.
Civil cases
Page 1 | STANDING ORDER REGARDING MOTIONS FOR CONTINUANCE
An agreed motion for continuance need not be set for submission.
It is further ORDERED that Agreed Motions for Continuance need not be set for submission, and to qualify as agreed, the Motion must be signed by all parties.
Civil cases
Page 1 | STANDING ORDER REGARDING MOTIONS FOR CONTINUANCE
Chambers Communication Rules
Motions to compel are decided on the submission docket; contact the Court to schedule a submission date and then send notice under the specified local rules, insofar as they are consistent with the order.
Motions to Compel discovery are considered on the 284th District Court's submission docket. Please contact the Court (936-539-7861) in order to schedule a submission date, then please send notice in compliance with the Local Rules of the District Courts of Montgomery County, Texas, and, in particular, with Rule 3.7 Hearings on Pre-Trial Motions, subparts B and C, to the extent those Rules are not inconsistent with this Order.
Civil cases
Page 1 | A. SUBMISSION AND NOTICE
A Word or WordPerfect copy of the proposed order must be emailed to haley.paul@mctx.org with the specified filename format.
The proposed Order will be electronically served and filed in the usual manner, and a copy of the proposed Order in Word or WordPerfect format with the file named “[Case Number] – Proposed Order – [Name of Party] Motion to Compel” will be emailed to haley.paul@mctx.org.
Civil cases
Page 2 | B. USE OF A SINGLE DOCUMENT FOR MOTIONS TO COMPEL WHERE A RESPONSE WAS MADE