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Court Rules
Judge

Judge Tracy A. Gilbert

Individual Rules, Standing Orders & Policies

Rules last changed:
Montgomery County, TX
Filters:

Document Format Requirements2 rules

FormattingMandatory

The court will not consider any exhibits that are not timely emailed as directed by this order in the correct format.

Tx Montgomery District:ab332885dbd200242a07f55c · Sep 2023 · p. 2
|SectionStanding Order Regarding Approved Remote Court Proceedings in the 418th District Court
FormattingMandatory

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.

Tx Montgomery District:ab332885dbd200242a07f55c · Sep 2023 · p. 2
|SectionStanding Order Regarding Approved Remote Court Proceedings in the 418th District Court

Document Filing Requirements9 rules

Filing RequirementsMandatoryCivil cases

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

Document
Motion

Must include

  • Proposed order
Tx Montgomery District:b62d67e3a79a54924f82d63d · p. 1
|SectionStanding Order on Motions and Hearings in the 418th District Court
Filing RequirementsMandatoryCivil cases

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
Tx Montgomery District:b62d67e3a79a54924f82d63d · p. 1
|SectionStanding Order on Motions and Hearings in the 418th District Court
Filing RequirementsMandatoryCivil cases

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.

Tx Montgomery District:b62d67e3a79a54924f82d63d · p. 1
|SectionStanding Order on Motions and Hearings in the 418th District Court
Filing RequirementsMandatoryCivil cases

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.

Tx Montgomery District:9ee12bd1200b4d9079da16a1 · Jan 2023 · p. 1
|SectionORDER REGARDING PERSONS SEEKING CONSERVATORSHIP IN FAMILY LAW CASES
Filing RequirementsMandatoryCivil cases

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.

Tx Montgomery District:9ee12bd1200b4d9079da16a1 · Jan 2023 · p. 1
|SectionORDER REGARDING PERSONS SEEKING CONSERVATORSHIP IN FAMILY LAW CASES
Filing RequirementsMandatoryCivil cases

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.

Tx Montgomery District:9ee12bd1200b4d9079da16a1 · Jan 2023 · p. 1
|SectionORDER REGARDING PERSONS SEEKING CONSERVATORSHIP IN FAMILY LAW CASES
Filing RequirementsMandatoryCivil cases

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."

Tx Montgomery District:693b1a39379bbc80e5a9ff8d · Jan 2024 · p. 1
|SectionSTANDING ORDER REGARDING PAYMENT OF APPOINTMENT FEES IN THE 418th DISTRICT COURT
Filing RequirementsImportant

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

Tx Montgomery District:ab332885dbd200242a07f55c · Sep 2023 · p. 1
|SectionStanding Order Regarding Approved Remote Court Proceedings in the 418th District Court
Filing RequirementsImportant

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

Tx Montgomery District:ab332885dbd200242a07f55c · Sep 2023 · p. 2
|SectionStanding Order Regarding Approved Remote Court Proceedings in the 418th District Court

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

Court-wide rules

Applies court-wide

These 82 rules apply across Montgomery County, TX. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 33
  • 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.

  • 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.

  • 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.

Filing Timing

All 22
  • 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.

  • A motion on a submission docket must be submitted to the court on its stated submission date.

  • Deadline
    2 business days

    Responses to submission-docket motions must be filed at least two business days before the submission date.

Service

All 11
  • The movant must serve all parties written notice stating the hearing date and time and whether the motion will be heard orally or on submission.

  • A certificate of service that omits the required information creates no presumption that the instrument was served.

  • The movant must serve all parties written notice of the court-scheduled consideration date and time and state whether the matter will be heard orally or by submission.

E-Filing

All 6
  • Applies to
    Case

    Cases within the concurrent jurisdiction of the District Courts and County Courts at Law must be filed with the District Clerk and assigned under a written order signed by both local administrative judges and filed with the District Clerk.

  • Applies to
    Case

    Cases within the exclusive jurisdiction of the District Courts must be filed in the District Clerk's office and assigned under a written order signed by the Local Administrative District Judge and filed with the District Clerk.

  • Applies to
    Case

    Cases within the exclusive jurisdiction of the County Courts at Law must be filed in the County Clerk's office and assigned under a written order signed by the Local Administrative Statutory County Court Judge and filed with the County Clerk.

Common questions about Judge Tracy A. Gilbert's rules

Does Judge Tracy A. Gilbert require a pre-motion conference or letter before filing a motion?

All attorneys and parties must attend every scheduled mediation session to engage in constructive settlement negotiations.

View ruleSource: page 1, section STANDING ORDER REGARDING MEDIATION AND TEMPORARY ORDERS IN THE 418th DISTRICT COURT

What formatting rules apply to filings before Judge Tracy A. Gilbert?

Judge Tracy A. Gilbert's formatting rule includes the court will not consider exhibits that are not timely emailed as directed by the order and in the correct format.. The court will not consider exhibits that are not emailed on time as directed or are not in the correct format.

View ruleSource: page 2, section Standing Order Regarding Approved Remote Court Proceedings in the 418th District Court

What must be included with motion filings before Judge Tracy A. Gilbert?

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

View ruleSource: page 1, section Standing Order on Motions and Hearings in the 418th District Court

What must be included with response filings before Judge Tracy A. Gilbert?

The rule requires 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.

View ruleSource: page 1, section Standing Order on Motions and Hearings in the 418th District Court

What filing deadlines does Judge Tracy A. Gilbert set?

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.

View ruleSource: page 1, section ORDER REGARDING PERSONS SEEKING CONSERVATORSHIP IN FAMILY LAW CASES

What rule applies to serving all parties before Judge Tracy A. Gilbert?

Details: recipient: all parties. The person requesting that no one appear must notify all other attorneys and parties of the request and this Order’s terms.

View ruleSource: page 1, section ORDER REGARDING FINAL TRIAL SETTINGS AND MEDIATED SETTLEMENT AGREEMENTS IN THE 418th DISTRICT COURT
Complete rules summary for Judge Tracy A. Gilbert

All attorneys and parties must attend every scheduled mediation session to engage in constructive settlement negotiations.

An attorney may participate in mediation and remain with the attorney’s client throughout, regardless of whether all parties are represented.

The parties must mediate before any temporary-orders hearing, and a requester must contact the opposing side to schedule mediation before the hearing date.

The person requesting that no one appear must notify all other attorneys and parties of the request and this Order’s terms.

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

Proposed exhibits must be PDFs, audio files must be MP3 or WAV, and video files must be AVI, MOV, or MP4.

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

The court will not consider exhibits that are not emailed on time as directed or are not in the correct format.

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.

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.

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.

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

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.

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.

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.

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.

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 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.

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

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.

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.

An attorney may submit no more than one payment request form per calendar month in any given case.

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