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Court Rules

Montgomery County, TX Document Filing Requirements

91 rules from official source documents

Required elements, certificates, and structural requirements for court documents.

CRITICALCivil cases

Applies to
Pleading
Must include
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.

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.

Court-level rulesOfficial source

CRITICALCivil cases

Applies to
Submission docket motion
Must include
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.

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.

Court-level rulesOfficial source

CRITICALCivil cases

Applies to
Temporary orders financial disclosures

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.

(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.

Court-level rulesOfficial source

CRITICALCivil cases

Applies to
Sworn inventory and appraisement

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.

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.

Court-level rulesOfficial source

CRITICALCivil cases

Applies to
Motion and response
Must include
proposed order, certificate of service, certificate of conference

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

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.

Court-level rulesOfficial source

CRITICALCivil cases

Applies to
Motion hearing notice

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

Court-level rulesOfficial source

CRITICALCivil cases

Applies to
Submission docket motion
Must include
certificate of service

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

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.

Court-level rulesOfficial source

CRITICALCivil cases

Applies to
Written order

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

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.

Court-level rulesOfficial source

CRITICALCivil cases

Applies to
Motion to enter
Must include
proposed order

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

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.

Court-level rulesOfficial source

CRITICALCivil cases

Applies to
Certificate of discovery

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

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:

Court-level rulesOfficial source

CRITICALCivil cases

Applies to
Certificate of discovery

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

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.

Court-level rulesOfficial source

CRITICALCivil cases

Applies to
Certificate of discovery

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

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.

Court-level rulesOfficial source

CRITICALCivil cases

Applies to
Certificate of discovery

Certificates of Discovery concerning oral and written depositions must identify the deponent and deposition date.

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

Court-level rulesOfficial source

CRITICALCivil cases

Applies to
Certificate of service

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

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.

Court-level rulesOfficial source

CRITICALCivil cases

Applies to
Proposed order

The proposed order accompanying a contested motion or response must be a separate instrument.

The proposed order shall be a separate instrument.

Court-level rulesOfficial source

CRITICALCivil cases

Applies to
Fee request
Must include
proposed order

A guardian ad litem or attorney ad litem applying for fees must submit a fee request with a proposed order.

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.

Court-level rulesOfficial source

CRITICAL

Applies to
Discovery order
Must include
certificate of service

A copy of the signed Discovery Order provided to the State’s attorney must be accompanied by 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.

Court-level rulesOfficial source

CRITICAL

Applies to
Guardian ad litem fee request
Must include
proposed order

A guardian ad litem's fee request to the Juvenile Trial Court must include a proposed order.

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

Court-level rulesOfficial source

CRITICALCriminal cases

Applies to
Magistrate record

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

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

Court-level rulesOfficial source

CRITICALCriminal cases

Applies to
Magistrate record

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.

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.

Court-level rulesOfficial source

CRITICALCriminal cases

Applies to
Indigence form

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

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.

Court-level rulesOfficial source

CRITICALCriminal cases

Applies to
Probable cause rights bail and attorney request form

A defendant who does not request appointed counsel must sign and date the Probable Cause, Rights, Bail And Attorney Request Form.

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".

Court-level rulesOfficial source

CRITICALCriminal cases

Applies to
Public appointment list application package

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

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".

Court-level rulesOfficial source

CRITICALCriminal cases

Applies to
Resume

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

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

Court-level rulesOfficial source

CRITICALCriminal cases

Applies to
Investigative and expert expense request

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

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.

Court-level rulesOfficial source

CRITICAL

Applies to
Guardian or attorney ad litem fee request

A guardian ad litem or attorney ad litem requesting fees of $1,000 or more must file the court-promulgated order form in addition to an appropriate fee request.

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.

Court-level rulesOfficial source

CRITICAL

Applies to
Final order

After an oral final order, the prevailing party must prepare a written order that complies with the ruling and file it 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.

Court-level rulesOfficial source

CRITICAL

Applies to
Contested motion and response
Must include
proposed order

Contested motions and responses must be in writing and accompanied by a separate proposed order granting or denying the requested relief.

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.

Court-level rulesOfficial source

CRITICALCivil cases

Applies to
Inventory and appraisement

For family-law matters involving division of the marital estate, a sworn Inventory and Appraisement must be on file at the default-judgment hearing or the matter will be reset.

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.

Judge Kelly Hughes Norsworthy

CRITICALCivil cases

Applies to
Default judgment hearing

A copy of the filed inventory and appraisement must be marked as an exhibit and offered at the default-judgment hearing.

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.

Judge Kelly Hughes Norsworthy

CRITICALCivil cases

Applies to
Default judgment hearing

For family-law matters involving child support and/or medical support, prepare and mark the listed child-support calculations and supporting documents as exhibits, including insurance-cost proof if available.

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.

Judge Kelly Hughes Norsworthy

CRITICALCivil cases

Applies to
Proposed judgment

A proposed judgment must be prepared and on file by the date of the default-judgment hearing.

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.

Judge Kelly Hughes Norsworthy

CRITICALCivil cases

Applies to
Proposed judgment

Counsel must ensure that the pleadings sufficiently cover all relief requested in the final proposed order.

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.

Judge Kelly Hughes Norsworthy

CRITICAL

Applies to
Certificate

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.

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.

Judge Kelly Hughes Norsworthy

CRITICALCivil cases

Applies to
Motion
Must include
proposed order, certificate of conference

The court will take no action on a motion if the movant fails to timely file the submission hearing notice, a proposed order stating the requested relief, or a certificate of conference.

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.

Judge Kelly Hughes Norsworthy

CRITICALCivil cases

Applies to
Response
Must include
proposed order

An opposing party filing a response must include a proposed order denying the requested relief.

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.

Judge Kelly Hughes Norsworthy

CRITICALCivil cases

Applies to
Motion
Must include
certificate of conference

A motion set for submission requires a certificate of conference before it may be granted, except for the listed motion types.

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.

Judge Kelly Hughes Norsworthy

CRITICALCivil cases

Applies to
Required health and dental insurance information

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.

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.

Judge Kelly Hughes Norsworthy

CRITICALCivil cases

Applies to
Notice of submission

Obtain the submission date from the Court Coordinator, include it in a served Notice of Submission, and submit a proposed order granting the requested relief.

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.

Judge Kelly Hughes Norsworthy

CRITICALCivil cases

Applies to
Court document

Attorneys and parties may not file documents containing sensitive data unless the data is redacted.

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.”

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Court document

If a document must contain unredacted sensitive data, the filing party must notify the clerk by marking it “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA”; the clerk may restrict the document from internet posting.

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.

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Motion for continuance

The second motion for continuance must include a certification signed by the attorney or attorneys, as applicable, stating that the client is aware of and agrees to the requested continuance.

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.

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Motion for continuance

A third or later motion for continuance must bear the client's signature with “AGREED” above it.

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.

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Motion for continuance

A motion for continuance qualifies as agreed only if it is signed by all parties.

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.

Judge Kristin L. Bays

CRITICAL

Applies to
Pleadings
Must include
ai disclosure

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.

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

Judge Kristin L. Bays

CRITICAL

Applies to
Pleading
Must include
ai disclosure

A pleading prepared using Generative AI must include the above verbatim verification in bold or it will not be considered.

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.

Judge Kristin L. Bays

CRITICAL

Applies to
Pleading
Must include
ai disclosure

Attorneys and self-represented litigants using Generative AI to prepare a pleading must include the above verbatim verification in bold in paragraph III.

**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.

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Abstract of title

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.

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.

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Certificate of service
Must include
certificate of service

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.

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.

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Proposed order

When the Ad Litem uses the Hourly Fee, documentation of time spent and tasks performed must be attached to the proposed fee order.

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.

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Motion to dismiss and waive costs

The filing attorney representing a taxing authority or tax lien lending organization must provide proof of payment of any Ad Litem fees with a Motion to Dismiss and Waive Costs in a case where an Ad Litem was appointed.

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.

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Motion to compel

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.

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.

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Motion to compel

The motion to compel must certify that it was served on the respondent in Word or WordPerfect format and that the standing order was served with it.

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.

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Proposed order

The movant must prepare a proposed order that identifies each disputed request by its propounded number, sets out each objection or deficiency below it, and leaves space for the Court’s rulings.

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.

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Response to motion to compel

For each disputed objection or response, the respondent must succinctly state argument and authority explaining why the objection should be sustained or the response is adequate, as applicable.

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.

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Response to motion to compel

The response must certify that it was served on the movant in Word or WordPerfect format.

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.

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Motion to compel

When a responding party wholly fails to timely answer written discovery, a simple motion stating that failure and the discovery service date or dates, accompanied by a simple proposed order granting the motion, is sufficient.

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.

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Motion to compel

For motions to compel answers to oral-deposition questions that were unanswered or deficient, the movant must follow the procedures in B(1)–(8), substituting deposition page and line references for discovery-response numbers.

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).

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Document containing protected health information

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.

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.

Judge Kristin L. Bays

CRITICALCivil cases

Applies to
Motion
Must include
proposed order

Each motion must include a proposed order granting the requested relief, filed as a separate instrument.

Any motion must also have a proposed order, granting the relief sought, filed as a separate instrument.

Judge Tracy A. Gilbert

CRITICALCivil cases

Applies to
Response
Must include
proposed order

Opposing counsel or parties may request an oral hearing in writing when filing a response and must file a proposed denial order at least two working days before the submission date.

Likewise, opposing counsel/parties may request an oral hearing in writing when filing any response, along with a proposed order denying the relief sought, which must be filed at least two working days before the submission date.

Judge Tracy A. Gilbert

CRITICALCivil cases

Applies to
Motion
Must include
certificate of conference

Except with leave of court or for the listed exempt motions, a motion will not be considered until the moving party files a certificate of conference describing the efforts to confer and stating that no agreement was reached.

Except on leave of Court, no motion (except Motions for Summary Judgment, Motions for Default Judgment, Motions for Voluntary Dismissal or Nonsuit, Motions for New Trial, and Motions Involving Service of Citation) will be considered until the moving party has filed a CERTIFICATE OF CONFERENCE stating that the movant has conferred, or attempted to confer, with the opposing counsel/party(ies), including the date(s) and time(s) of the attempt(s) and the manner(s) of communication of the attempt(s), and that no agreement could be reached on the subject of the motion in compliance with Rule 2.3 of the Local Rules of Practice Before the Family Courts of Montgomery County, Texas and Local Rules for the Administration of Family Cases in Montgomery County, Texas.

Judge Tracy A. Gilbert

CRITICALCivil cases

Applies to
Original petition

A copy of the order must accompany each original petition and each copy; if omitted, the clerk must attach it when the petition is filed.

A copy of this order shall be attached to any original petition and to each copy of such petition. At the time the petition is filed, if the filing party has failed to attach a copy of this order to the petition and any copy of the petition, the clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.

Judge Tracy A. Gilbert

CRITICALCivil cases

Applies to
Waiver of citation or service

A person filing a waiver of citation or service must give the signer a copy of the order and execute and file a statement confirming compliance.

Any person filing a waiver of citation or service shall provide a copy of this order to the person signing the waiver and shall execute and file a statement confirming compliance with this order.

Judge Tracy A. Gilbert

CRITICALCivil cases

Applies to
Parent education course completion certificate

Covered parties must complete a qualifying parent education and family stabilization course and file the original completion certificate with the court.

All parties seeking access to a child or seeking to become a managing or possessory conservator (whether sole, joint, temporary or permanent) shall successfully complete a parent education and family stabilization course which complies with §105.009(i) of the Texas Family Code and timely file an original certificate of completion of such course with the court.

Judge Tracy A. Gilbert

CRITICALCivil cases

Applies to
Request for payment of appointment fees

An appointed attorney seeking payment must submit the attached, fully completed and signed request form to the District Clerk with the appointment order as Exhibit A and a detailed bill or expense explanation as Exhibit B.

Any attorney appointed by the 418th District Court seeking payment for fees and/or expenses must submit to the Montgomery County District Clerk's office the REQUEST FOR PAYMENT OF APPOINTMENT FEES form attached to this order. This form must be completed in full, signed by the attorney seeking payment, have a copy of the order appointing the attorney attached as Exhibit "A," and have a detailed bill itemizing the time and work performed and/or explanation of the nature and amount of any requested expenses attached as Exhibit "B."

Judge Tracy A. Gilbert

CRITICALCivil cases

Applies to
Notice of submission

After scheduling a submission date, send notice under the specified local rules unless they are inconsistent with this Order.

Motions to Compel discovery are considered on the 457th District Court’s submission docket. Please contact the Court (936-538-3697) 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, subparts B and C, to the extent those Rules are not inconsistent with this Order.

Judge Vince Santini

CRITICALCivil cases

Applies to
Motion

The motion must identify each disputed discovery request by its propounded number and reproduce the request, each objection, and each answer or response verbatim.

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.

Judge Vince Santini

CRITICALCivil cases

Applies to
Motion

Immediately below the quoted discovery materials, the motion must state concise argument and authority addressing each disputed objection and deficient response.

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.

Judge Vince Santini

CRITICALCivil cases

Applies to
Proposed order

The proposed order must set out each disputed discovery request by its propounded number, list each objection or deficiency below it, and leave space for the Court’s rulings.

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.

Judge Vince Santini

CRITICALCivil cases

Applies to
Opposition

The response must concisely provide argument and authority for each discrete objection or response, explaining why an objection should be sustained or a response is adequate, as applicable.

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.

Judge Vince Santini

CRITICALCivil cases

Applies to
Motion

When a responding party wholly fails to timely respond to written discovery, a simple motion stating that failure and the service date or dates, together with a simple proposed order granting the motion, suffices.

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:

Judge Vince Santini

CRITICALCivil cases

Applies to
Motion

For motions to compel answers to unanswered or deficient oral-deposition questions, follow the procedures in B(1)–(8), using deposition page and line references instead of discovery-response numbers.

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).

Judge Vince Santini

CRITICALCivil cases

Applies to
Filing

If a document must contain unredacted sensitive data, the filing party must notify the clerk using the specified marking, and the clerk may restrict the marked document from internet posting without further court order.

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.

Judge Vince Santini

CRITICALCivil cases

Applies to
Document containing protected health information

Documents containing Protected Health Information that are filed or offered in Court must redact six specified patient identifiers.

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.

Judge Vince Santini

CRITICALCivil cases

Applies to
Adr fee statement

The ADR provider or impartial third party must file a statement of the fees charged and amounts paid by each party with the District Clerk for inclusion in the Bill of Costs.

IT IS FURTHER ORDERED that a statement of the fees charged and the amounts each party paid shall be filed with the District Clerk by the ADR provider/impartial third party for inclusion in the Bill of Costs.

Judge Vince Santini

CRITICALCivil cases

Applies to
Adr completion report

After ADR is completed, the provider or impartial third party must file a writing with the Clerk stating when it was completed, whether the parties and counsel appeared as ordered, and whether settlement resulted.

IT IS FURTHER ORDERED that, upon completion of the ADR procedure, the ADR provider/impartial third party is directed to advise this Court, in a writing filed with the Clerk, when the process was completed, whether the parties and their counsel appeared as ordered, and whether a settlement resulted.

Judge Vince Santini

CRITICAL

Applies to
Pleading
Must include
ai disclosure

An attorney or self-represented litigant who uses generative AI in work product, research, or pleading drafts must include the specified verification in their pleadings.

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

Judge Vince Santini

CRITICAL

Applies to
Pleading
Must include
ai disclosure

A pleading prepared using Generative AI must contain the above verbatim verification in bold or it will not be considered.

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.

Judge Vince Santini

WARNINGCivil cases

Applies to
Oral argument request

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.

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.

Court-level rulesOfficial source

WARNINGCivil cases

Applies to
Written order

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

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

Court-level rulesOfficial source

WARNINGCriminal cases

Applies to
Resume

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.

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

Court-level rulesOfficial source

WARNINGCriminal cases

Applies to
Public appointment list application

Attorneys applying for the Public Appointment List must ensure that all information on their application is correct.

1. Ensure all information on their application is correct;

Court-level rulesOfficial source

WARNING

Applies to
Final order

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

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

Court-level rulesOfficial source

WARNINGCivil cases

Applies to
Document containing protected health information

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 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.

Judge Kristin L. Bays

WARNINGCivil cases

Applies to
Document containing protected health information

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.

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.

Judge Kristin L. Bays

WARNING

Applies to
Exhibits

Exhibit-submission emails must use the full cause number and the applicable exhibit designation in the subject line.

The subject of such email must be the full cause number and "Petitioner's Exhibits," "Respondent's Exhibits," etc., as applicable.

Judge Tracy A. Gilbert

WARNING

Applies to
Exhibits

Each exhibit must be included as its own separate attachment to the participant's email.

Each exhibit must be attached to the participant's email as a separate, individual attachment.

Judge Tracy A. Gilbert

WARNINGCivil cases

Applies to
Document containing protected health information

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 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.

Judge Vince Santini

WARNINGCivil cases

Applies to
Document containing protected health information

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.

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.

Judge Vince Santini

INFOCivil cases

Applies to
Proposed order

No supporting documentation is required with the proposed fee order when the Ad Litem claims only the Flat Fee.

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.

Judge Kristin L. Bays
Common questions about Montgomery County, TX document filing requirements

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

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 ruleOfficial source Source: page 1, section Montgomery County First Amended Standing Order Regarding Case Captions and Styles

Judge Kristin L. Bays: The rule requires ai disclosure. A pleading prepared using Generative AI must include the above verbatim verification in bold or it will not be considered.

View ruleOfficial source Source: page 3, section III. AI Users Must Verify Their Pleadings

Judge Vince Santini: The rule requires ai disclosure. An attorney or self-represented litigant who uses generative AI in work product, research, or pleading drafts must include the specified verification in their pleadings.

View ruleOfficial source Source: page 2, section III. AI Users Must Verify Their Pleadings.

2 more rules answer this question.

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 ruleOfficial source Source: page 2, section Rule 2 — Pre-Trial Motions, 2.3 Submission

1 more rule answers this question.

What must be included with temporary orders financial disclosures filings in Montgomery County, TX?

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.

View ruleOfficial source Source: page 4, section Rule 5.1 Temporary Orders

What must be included with sworn inventory and appraisement filings in Montgomery County, TX?

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.

View ruleOfficial source Source: page 4, section Rule 5.3 Final Trial/Sworn Inventory and Appraisement

What must be included with motion and response filings in Montgomery County, TX?

The rule requires proposed order, certificate of service, and certificate of conference. Motions and responses must be written and include certificates of service and conference and a separate proposed order.

View ruleOfficial source Source: page 2, section Rule 2 — Pre-Trial Motions, 2.1 Forms

What must be included with motion hearing notice filings in Montgomery County, TX?

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

View ruleOfficial source Source: page 2, section Rule 2 — Pre-Trial Motions, 2.2 Scheduling