Judge Tracy A. Gilbert
Individual Rules, Standing Orders & Policies
- Rules last changed:
Document Format Requirements2 rules
The court will not consider any exhibits that are not timely emailed as directed by this order in the correct format.
All proposed exhibits must be in .pdf format. Audio files must be in .mp3 or .wav format. Video files must be in .avi, .mov or .mp4 format.
Document Filing Requirements9 rules
Any motion must also have a proposed order, granting the relief sought, filed as a separate instrument.
- Document
- Motion
Must include
- •Proposed order
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.
- Document
- Response
Must include
- •Proposed order
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.
- Document
- Motion
Include
- •Certificate of conference
Court's wording
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.
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.
Court's wording
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.
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.
Covered parties must complete a qualifying parent education and family stabilization course and file the original completion certificate with the court.
Court's wording
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.
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.
Court's wording
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."
The subject of such email must be the full cause number and "Petitioner's Exhibits," "Respondent's Exhibits," etc., as applicable.
Each exhibit must be attached to the participant's email as a separate, individual attachment.
Filing & Service rules
Filing Timing and Cure Windows
Petitioners or movants must complete the course within 60 days after filing the original petition or motion; respondents must complete it within 60 days after their first appearance or filing an answer or waiver.
The parent education and family stabilization course shall be successfully completed by the petitioner or movant within 60 days of filing of the original petition or motion, and by the respondent within 60 days of respondent's first appearance or the filing of an answer or waiver by the respondent.
Civil cases
Page 1 | ORDER REGARDING PERSONS SEEKING CONSERVATORSHIP IN FAMILY LAW CASES
An attorney may submit no more than one payment request form per calendar month in any given case.
No more than one form per calendar month may be submitted by an attorney in any given case.
Civil cases
Page 1 | STANDING ORDER REGARDING PAYMENT OF APPOINTMENT FEES IN THE 418th DISTRICT COURT
Service and Proof of Service Rules
The person requesting that no one appear must notify all other attorneys and parties of the request and this Order’s terms.
However, under such circumstances, whoever makes such request to the Court is ORDERED to notify all other attorneys and/or parties of such request, along with the terms of this Order.
Civil cases
Page 1 | ORDER REGARDING FINAL TRIAL SETTINGS AND MEDIATED SETTLEMENT AGREEMENTS IN THE 418th DISTRICT COURT
Participants offering exhibits remotely must email them to the specified attorneys, self-represented litigants, court reporters, and court staff by 3:00 p.m. CST on the business day before the proceeding.
If any participant to a remote court proceeding (videoconference, teleconference, or other available electronic means) intends to offer any exhibits during a court proceeding, he/she must email such exhibits to all attorneys and self-represented litigants, both court reporters (christa.townes@mctx.org and kathy.aaron@mctx.org), and both court staff (kim.perry@mctx.org and lisa.shanahan@mctx.org), no later than 3:00 p.m. (C.S.T.) on the business day prior to the applicable court proceeding.
Page 1 | Standing Order Regarding Approved Remote Court Proceedings in the 418th District Court
Motions and hearings without live testimony must be set by submission with at least 10 days’ notice, unless the Texas Rules of Civil Procedure require a longer notice period.
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 and be 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. (If the Texas Rules of Civil Procedure require more than 10 days notice on any given matter (e.g., Motions for Summary Judgment), then the time period set by such rules shall apply).
Civil cases
Page 1 | Standing Order on Motions and Hearings in the 418th District Court
If an oral hearing is granted, the requesting counsel or party is advised of its date and time and must give proper notice to all counsel and parties.
If an oral hearing is granted, the Court Administrator or Coordinator will advise the counsel/party that requested the oral hearing of the date and time for the hearing, and said counsel/party shall give proper notice to all counsel/parties.
Civil cases
Page 1 | Standing Order on Motions and Hearings in the 418th District Court
A motion requiring live testimony must be set for an oral hearing on the date and time provided by the Court Administrator or Coordinator, and the movant must give proper notice to all counsel and parties.
Any motion that requires live testimony shall be set for oral hearing on the date and time given by the Court Administrator or Coordinator, and the movant shall give proper notice to all counsel/parties.
Civil cases
Page 1 | Standing Order on Motions and Hearings in the 418th District Court
The submission date must be obtained from the Court Administrator or Coordinator, included in a Notice of Submission, and served on all counsel and parties.
Submission dates shall be obtained from the Court Administrator or Coordinator and shall be included in a NOTICE OF SUBMISSION, which shall be served on all counsel/parties as required under Number 1 above.
Civil cases
Page 1 | Standing Order on Motions and Hearings in the 418th District Court
Pre-Motion Conference Requirements
All attorneys and parties must attend every scheduled mediation session to engage in constructive settlement negotiations.
All attorneys and parties 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 AND TEMPORARY ORDERS IN THE 418th DISTRICT COURT
The parties must mediate before any temporary-orders hearing, and a requester must contact the opposing side to schedule mediation before the hearing date.
All parties are ORDERED to attend mediation prior to any hearing regarding temporary orders. Any attorney or party requesting temporary orders is required to contact the opposing attorney(s) and/or party(ies) to schedule such mediation to take place prior to the hearing date.
Civil cases
Page 1 | STANDING ORDER REGARDING MEDIATION AND TEMPORARY ORDERS IN THE 418th DISTRICT COURT
An attorney may participate in mediation and remain with the attorney’s client throughout, regardless of whether all parties are represented.
It is FURTHER ORDERED that each attorney shall have the right to participate in the mediation and be present with his or her client(s) at all times, if he or she desires, regardless of whether all parties are represented by an attorney.
Civil cases
Page 1 | STANDING ORDER REGARDING MEDIATION AND TEMPORARY ORDERS IN THE 418th DISTRICT COURT