Montgomery County, TX Filing Timing and Cure Windows

Deadline

1 business days

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.

Deadline

1 business days

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.

Deadline

1 business days

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.

Deadline

1 business days

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.

Civil cases

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

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

Deadline

2 business days

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

Deadline

24 hours

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

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

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

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

Deadline

10 calendar days

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

Deadline

24 hours

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

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.

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.

Criminal cases

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

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

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

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

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

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.

Deadline

24 hours

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.