Navarro County Court at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Communication
Page & Word Limits4 rules
Without the leave of the Court, no pleading other than a plaintiffs original petition, an indictment by the State, or a defendant's corresponding original answer shall exceed twenty (20) pages, or 5,000 words if in electronic format, in length, not including attachments and certificates.
- Pleading other than original pleading
- Up to 20 pages or 5,000 words
Excluded from the limit
- •Attachments
- •Certificates
Exception
More pages with leave of court
All attachments collectively may not exceed fifty (50) pages in length without leave of the Court.
- Attachments
- Up to 50 pages
Exception
More pages with leave of court
Original petitions, indictments, and original answers may not exceed fifty (50) pages, or 15,000 words if in electronic format, in length without leave of the Court, not including attachments and certificates.
- Page or word limit
- Up to 50 pages or 15,000 words
Excluded from the limit
- •Attachments
- •Certificates
Exception
More pages with leave of court
In cases involving more than one party on either side, each party may argue, in no more than three pages, why the Court should or should not allot each party the proposed number of any of discovery tools listed above.
- Discovery tool allocation argument
- Up to 3 pages per side
Document Format Requirements4 rules
Documents must use black text in a commonly used, Court-acceptable font of at least 12 points, one-inch margins, and double spacing except where Bluebook requires otherwise; permitted paper filings must use plain white paper of the stated size.
- Font size
- 12 points
- Line spacing
- Double
- Margins
- 1 inch
Exception
Where The Bluebook: A Uniform System ofCitation requires otherwise
Court's wording
All filing is to be done electronically (See Rule 41). However, in the event paper filings are needed or permitted, all documents filed with the Clerk shall be printed on plain, white, 8 14 inch by 11 inch paper. For both physical and electronic filings, all text is to be written or printed in black ink, and the selected font must be a commonly used font acceptable to the Court, no smaller in size than 12 point font. Margins are to measure one inch on all sides of the document, no more, no less, and all text is to be double space except for where The Bluebook: A Uniform System ofCitation requires otherwise.
Electronically filed documents must be in text-searchable portable document format (PDF) and be directly converted to PDF, rather than scanned, if possible.
- File type
Formatting
- •The PDF must be text-searchable
A testifying party or witness must be clearly visible and heard on camera, or the Court will not allow the testimony to proceed.
Court's wording
The camera of any party or witness who provides testimony must provide an unobstructed view of the party or witness providing testimony. An unobstructed view, for the purposes of this plan, means that the individual can be clearly seen, identified, and heard without any barrier other than a clean camera lens. Consistent with constitutional confrontation requirements, if a party or witness is not on camera, or cannot be clearly seen, the Court will not allow the person to testify or continue to testify unless the witness complies with the requirement of an unobstructed view.
Any physical evidence offered at a remote proceeding detention hearing must be displayed so that the comt, attorneys, parties, and witness can view it simultaneously.
Document Filing Requirements12 rules
7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition prior to filing same with the District Clerk.
If no party contests the motion, the movant shall affix a certificate to the pleading that is signed by lead counsel for all parties, indicating as such.
A contested pleading must include a certificate documenting the movant’s good-faith effort to resolve the matter and the consultation details.
- Document
- Contested pleading
Must include
- •Certificate of conference
Court's wording
If a party contests the pleading, the movant shall affix a certificate to the pleading stating that the movant made a good faith effort to resolve the matter with all parties prior to filing the contested pleading. The movant shall state, specifically, with whom they consulted, via what medium (e.g., in person, over a conference call, etc.), on what date, and the movant shall provide a brief explanation of why an agreement could not be reached.
A pleading requesting judgment in a civil case must include a separate draft judgment marked as a draft on every page, unless the Court orders otherwise.
Court's wording
Pleadings requesting the entry of a judgment in a civil case shall include a proffered draft of the judgment. The proffered draft shall be separate from the pleading itself, and shall be clearly marked as a draft on all pages of the document, unless otherwise ordered by the Court.
All e-Filing shall be done through EFileTexas.gov, and an email address must be provided on any electronically filed document.
A proposed Level 3 discovery control plan must state a proposed discovery-close date, explain any proposed date more than nine months away, and propose limits for depositions and specified discovery requests.
Court's wording
The proffered discovery control plan shall: (1) Clearly identify a proposed date for the close of discovery; (2) Provide a brief explanation of why the party believes discovery will last longer than nine (9) months if the proposed date for the close of discovery is more than nine months in the future; (3) Propose a maximum number of hours that each side shall be allowed to take depositions; (4) Propose a maximum number of interrogatories to be allowed to each side; (5) Propose a maximum number of requests for admission to be allowed to each side; (6) Propose a maximum number of requests for production to be allowed to each side.
Unopposed matters shall be submitted to the Court in writing with a certificate signed by all parties indicating that the matter is unopposed.
Any party seeking to appear virtually must file a motion for a remote hearing and provide the Court with a legitimate reason for the need to appear virtually. All virtual hearings are conducted at the discretion of the Court.
Covered attorneys must file written vacation notice with the Clerk and copy applicable court coordinators at least 30 calendar days before the vacation; this rule applies when lead counsel is affected unless the Court expands its coverage.
Court's wording
Attorneys with any cause pending before the Court, and any attorney on the Court's list of potential Court-appointed counsel may not designate more than four weeks during any calendar year as vacation. Written notice of any vacations must be filed with the Clerk with a copy to all applicable court coordinators no less than thirty (30) calendar days in advance of the vacation. This Rule operates only where lead counsel, as defined by Texas Rule of Civil Procedure 8, is affected, unless the Court expands coverage of this Rule to other counsel.
An attorney entering an initial appearance must give the Court written notice identifying the represented party and any attorney with whom the attorney is working, and include the specified identifying and contact information; sufficiently informative letterhead may suffice.
Court's wording
So that the Court may keep track of which attorneys represent which parties, any attorney entering an initial appearance in a cause shall give written notice to the Court of which party they represent and with whom they are working, if anyone. The written notice shall include the attorney's name as he or she shall use it in practice, the attorney's state bar membership number, and the attorney's full contact information including mailing address, an address at which the attorney may be served process, the attorney's phone number, facsimile number (if any), and e-mail address (if any). A short statement of who the attorney represents on sufficiently informative letterhead may suffice.
Appended to or included in any document related to a discovery dispute should be a statement that clearly and concisely lists the efforts that were made to resolve the dispute without the aid of the Court, the pertinent issues upon which the parties continue to disagree, and why those disagreements were not resolved despite the good faith efforts to do so.
Documents related to scheduling disputes are to be treated analogously to documents related to discovery disputes. See Local Rule 34,supra.
Filing & Service rules
Electronic Filing Rules
Practicing attorneys in civil and criminal cases must e-file through EFileTexas.gov.
Electronic filing is mandatory in Navarro County for all practicing attorneys in both civil and criminal cases. Electronically filed documents must be in text-searchable portable document format (PDF) and be directly converted to PDF, rather than scanned, if possible. All e-Filing shall be done through EFileTexas.gov, and an email address must be provided on any electronically filed document.
Page 12 | Rule 41. Electronic Filing
Pro se parties submit filings on paper, which the Court scans and makes available electronically on the docket.
Filings from pro se parties are submitted on paper and will be scanned and made available electronically on the Court's docket.
Page 12 | Rule 41. Electronic Filing
Counsel requesting community supervision records on a pending motion to revoke or adjudicate must electronically file a request through the District Clerk, except for requests for criminal history or HIPPA-protected documents.
Pursuant to the inherent powers of the Courts and applicable authority, the 13'^ District Court and the Navarro County Court at Law order that counsel for the State and retained or court- appointed counsel for a Defendant shall, if requesting community supervision records, e-file and e-serve through the District Clerk to the Navarro County Community Supervision & Corrections Department (cscd@navarrocountv.org) a request for records (except for criminal history and HIPPA protected documents)on a pending motion to revoke or adjudicate.
Criminal cases
Page 1 | JOINT ADMINISTRATIVE ORDER REGARDING RECORDS OF THE NAVARRO COUNTY COMMUNITY SUPERVISION & CORRECTIONS DEPARTMENT
Even if requests are made orally or in person, the party making the request should e-file a written copy of the request to the Court Coordinator.
Even if requests are made orally or in person, the party making the request should e-file a written copy of the request to the Court Coordinator.
Page 15 | Rule 51. Requests for Hearings or Trial Settings
Filing Timing and Cure Windows
Parties intending to conduct Level 3 discovery must submit a proposed discovery control plan within 30 calendar days after filing their first petition, indictment, plea, or answer.
All parties intending to conduct discovery under Texas Rule of Civil Procedure 190.4 (Level 3 discovery control plans) shall submit a proposed discovery control plan to the Court no later than thirty (30) calendar days after filing their first petition, indictment, plea, or answer.
Page 13 | Rule 44. Required Submission of Level 3 Discovery Control Plans
If the offering party is not present in court, physical evidence that cannot be digitized must be tendered to the court no later than three days after the remote proceeding.
Physical evidence which cannot be rendered in digital fom1 shall be tendered to the court no later than 3 days after the remote proceeding if the party offering the evidence is not present in the court when it is offered.
Page 2 | III.D.c. Presentation and retention of physical evidence
Covered Court Appointed Attorney requests must be forwarded within the statutory timelines in the indigent defense plans for adults and juveniles.
Any Magistrate who receives a request for a Court Appointed Attorney, anyone in the jail who receives a request for a Court Appointed Attorney, any request for any Court Appointed Attorney on any juvenile matter, any request for a Court Appointed Attorney for CPS and/or Empower, as well as any requests received by the Indigent Defense Coordinator for Court Appointed Attorney shall forward such requests to the Indigent Defense Coordinator Rosa Ella Mittnacht (rmittnacht@navarrocounty.org) within the statutory timelines in the indigent defense plans for adults and juveniles.
Page 1 | JOINT ADMINISTRATIVE ORDER REGARDING REQUESTS FOR COURT APPOINTED ATTORNEYS - MODIFIED
After discovery closes, a civil case with no trial setting, continuances, or other activity for 90 calendar days may be placed on the dismissal docket at the judge’s discretion.
After the date for the close of discovery in a civil cause has passed, the cause may be placed on the dismissal docket for lack of prosecution at the judge's discretion if there is no trial set, no continuances have been filed, and there has been no other activity on the cause for the past ninety (90) calendar days.
Page 15 | Section 2-Dismissal Docket / Lack of Prosecution
Covered attorneys may designate no more than four weeks of vacation per calendar year; the rule applies when lead counsel is affected unless the Court expands it to other counsel.
Attorneys with any cause pending before the Court, and any attorney on the Court's list of potential Court-appointed counsel may not designate more than four weeks during any calendar year as vacation. Written notice of any vacations must be filed with the Clerk with a copy to all applicable court coordinators no less than thirty (30) calendar days in advance of the vacation. This Rule operates only where lead counsel, as defined by Texas Rule of Civil Procedure 8, is affected, unless the Court expands coverage of this Rule to other counsel.
Page 16 | Part VII: Miscellaneous Rules; Section 1 - Events Requiring Notice to the Court; Rule 57. Vacation of Attorneys
Service and Proof of Service Rules
A party presenting an emergency motion or pleading must make a good-faith effort to notify opposing counsel and interested parties of the hearing’s time, date, and location; the hearing may proceed without an unreachable party after those efforts.
Parties presenting an emergency motion or pleading shall make a good faith effort to notify opposing counsel and all interested parties of the time, date, and location where the pleading will be heard. If the party requesting the emergency motion or pleading is unable to notify opposing counsel or an interested party following good faith efforts to do so, the emergency hearing may proceed without opposing counsel or an interested party.
Page 16 | Part VI: Emergency Hearings; Rule 56. Notice to Opposing Counsel and Interested Parties
The Court must notify parties not reached before an emergency hearing of the hearing and its results at the earliest possible date thereafter, and provide them an opportunity to be heard at the earliest possible date thereafter.
Parties that were not reached prior to an emergency hearing shall be notified by the Court of the hearing and the hearing's results at the earliest possible date thereafter, and the Court shall give the party that was not notified the opportunity to be heard on the matter at the earliest possible date thereafter.
Page 16 | Part VI: Emergency Hearings; Rule 56. Notice to Opposing Counsel and Interested Parties
Evidence must not be forwarded to the court or court reporter before the hearing.
Evidence shall not be forwarded to the court or court reporter before the hearing.
Page 2 | III.D.b. Presentation and retention of physical evidence
Counsel requesting community supervision records on a pending motion to revoke or adjudicate must e-serve the request through the District Clerk to the Department, except for requests for criminal history or HIPPA-protected documents.
Pursuant to the inherent powers of the Courts and applicable authority, the 13'^ District Court and the Navarro County Court at Law order that counsel for the State and retained or court- appointed counsel for a Defendant shall, if requesting community supervision records, e-file and e-serve through the District Clerk to the Navarro County Community Supervision & Corrections Department (cscd@navarrocountv.org) a request for records (except for criminal history and HIPPA protected documents)on a pending motion to revoke or adjudicate.
Criminal cases
Page 1 | JOINT ADMINISTRATIVE ORDER REGARDING RECORDS OF THE NAVARRO COUNTY COMMUNITY SUPERVISION & CORRECTIONS DEPARTMENT
When practicable, digital copies of physical evidence should be emailed to opposing counsel before the hearing.
When digital copies of physical evidence can be prepared, such as audio / video recordings, documents, or images, the digital copies should be emailed to opposing counsel for the parties before the hearing if practicable.
Page 2 | III.D.b. Presentation and retention of physical evidence
Filing Fees and Waivers
The Clerk must adopt a filing-fee schedule as close as possible to January 1 each year, and changes require approval by a simple majority of the served courts’ judges.
A fee schedule for filing fees shall be adopted by the Clerk as close as is possible to the first of January of each new year, and any changes from the previous year's fee schedule must be approved by a simple majority of the Judges of the courts served by the Clerk's office.
Page 12 | Rule 43. Filing Fees and Fee Schedule
Pre-Motion Conference Requirements
Before filing a pleading or motion, all parties must confer in good faith, except in criminal prosecutions following indictment, matters requiring an emergency hearing, and applications for protective orders.
In an effort to reduce the number of contested motions that come before the courts, and to allow each court to use its time more efficiently, all parties are required to confer with all other parties in any cause prior to filing a pleading or motion. At the conference, the parties shall make good faith efforts to come to an agreement. This Rule shall not apply to criminal prosecutions following a grand jury indictment. This Rule shall not apply to any matter for which an emergency hearing is required. This Rule shall not apply to the application for any protective order.
Page 9 | Part II: Rules Governing the Conduct of Litigation
Before filing a civil motion, the movant must make a good-faith inquiry through at least one oral conversation, explaining the requested relief and general legal grounds, but need not discuss legal arguments.
Prior to filing any motion in a civil case, the movant shall be required make a good faith effort to determine whether the other parties oppose the pleading's requested action. For the purposes of this Rule, a good faith inquiry shall consist of, at a minimum, one oral conversation with the party or the party's lead counsel, during which the movant informs the other party of what they will be asking the court to do in their pleading. The movant need not go into their legal arguments, but must provide the other parties with enough information so that they understand the pleading's requested relief or action, and the general legal grounds for the pleading.
Page 10 | Part III: Rules Related to Documents Filed with the Court — Section 1 - Prerequisites to Filing Certain Documents
Before filing a contested pleading, the movant must make a good-faith effort to resolve the matter with all parties and state the consultation details and reason no agreement was reached.
If a party contests the pleading, the movant shall affix a certificate to the pleading stating that the movant made a good faith effort to resolve the matter with all parties prior to filing the contested pleading. The movant shall state, specifically, with whom they consulted, via what medium (e.g., in person, over a conference call, etc.), on what date, and the movant shall provide a brief explanation of why an agreement could not be reached.
Page 11 | Rule 34. Contested Motions in Civil Cases
Before seeking court intervention in a discovery dispute, parties must make a good-faith effort to resolve it, including at least one oral conversation involving all relevant parties.
Parties are required to make a good faith effort to resolve discovery disputes without the Court's intervention. For the purpose of this Rule, good faith means at least one oral conversation regarding the dispute at which all relevant parties make a sincere effort to come to an agreement that is acceptable to all relevant parties.
Page 13 | Rule 46. Discovery Disputes
Before seeking the Court's intervention in a scheduling dispute, parties must make a good-faith effort to resolve it, including at least one oral conversation involving all relevant parties.
Parties are required to make a good faith effort to resolve scheduling disputes without the Court's intervention. For the purpose of this Rule, good faith means at least one oral conversation regarding the dispute at which all relevant parties make a sincere effort to come to an agreement that is acceptable to all relevant parties.
Page 14 | Rule 50. Scheduling Disputes
Before making a scheduling or trial-setting request, all parties must confer in person or by telephone and make a good-faith effort to agree on a date and time for the hearing or trial.
All parties to any cause shall hold a conference, in person or telephonically, prior to making any scheduling or trial setting request. At this conference, all parties shall make a good faith effort to find a time and date that is acceptable for all parties on which to hold the requested hearing or trial.
Page 14 | Rule 48. Mandatory Scheduling Conferences (Schedule)
For scheduling or trial-setting requests, parties must also confer about the subject matter; an unopposed matter will not be set for hearing absent special circumstances, and parties may not oppose a matter merely to raise a different matter at a hearing.
In addition to attempting to agree upon a time for the scheduling or trial setting request, the parties shall confer on the subject matter to be heard. If no party opposes the matter to be heard, the Court will not schedule a hearing on the matter absent special circumstances. No party shall oppose a matter so that they may induce the Court to schedule a hearing at which they intend to bring up a different matter.
Page 14 | Rule 49. Mandatory Scheduling Conferences (Subject Matter)
Adjournment & Extension Requirements
Parties may agree to a continuance without prior court approval only if no trial date is set and no affected hearing or oral argument has been scheduled; all parties must agree and notify the Court in writing of its length and relevant limitations or caveats, and the Court may reject it.
Parties may agree to continuances in any litigation for which there has not been a trial date set without the approval of the Court, provided the Court has not scheduled a hearing or oral argument on any matter that would be affected by the continuance. All parties must agree to the continuance, and the parties shall notify the Court in writing of the continuance's length, and of any relevant limitations or caveats. The Court may reject the continuance at its discretion. Continuances in criminal cases must comply with Chapter 29 of the Texas Code of Criminal Procedure.
Page 14 | Rule 47. Continuances
Chambers Communication Rules
Present emergency or extraordinary-relief matters to the judge assigned to the case; if that judge is unavailable and waiting risks an emergency or irreparable harm, the matter may be presented to another judge, whose ruling the assigned judge must review at the earliest possible date thereafter.
Causes or pleadings requesting extraordinary or emergency relief shall be presented to the judge in whose court the case is pending. If that Judge is unavailable, and if waiting for that judge to become available would result in an emergency situation or irreparable harm, then the matter may be presented to any other judge for consideration. The judge in whose court the cause is pending shall review the otherjudge's ruling at the earliest possible date thereafter.
Page 16 | Part VI: Emergency Hearings; Rule 55. Presiding Judge Unavailable
The party requesting a telephone hearing is responsible for scheduling it and making the necessary arrangements.
The task of scheduling and making the appropriate arrangements shall fall on the party requesting that the hearing be conducted by phone.
Page 17 | Rule 62. Hearings Conducted by Phone
Parties in civil cases must inform the Court if they file for bankruptcy protection.
Parties in a civil case have an affirmative duty to inform the Court if they file for protection under any bankruptcy law.
Page 17 | Rule 59. Bankruptcy ofa Party
Parties must continue to inform the Court of their bankruptcy proceedings' status until those proceedings are resolved.
Parties have a continuing obligation to inform the Court of the status of their bankruptcy proceedings until such proceedings are resolved.
Page 17 | Rule 59. Bankruptcy ofa Party
Attorneys must inform the Court of a qualifying change in a non-human client's legal status in a pending cause if it could affect collection or the Court's jurisdiction.
Attorneys have an affirmative duty to inform the Court of any change in the legal status of a non- human client {e.g. corporation) if the non-human client is party to a pending cause before the Court, and the change in the legal status of the party could affect the ability of any other party to collect payment from the non-human party,
Page 17 | Rule 61. Change in the Status ofa Non-Human Party
Attorneys must inform the Court if their client dies while a party to a pending cause.
Attorneys have an affirmative duty to inform the Court of their client's death if their client was a party to a pending cause before the Court.
Page 17 | Rule 60. Death ofa Party
Covered recipients must forward Court Appointed Attorney requests to Indigent Defense Coordinator Rosa Ella Mittnacht at the stated email address.
Any Magistrate who receives a request for a Court Appointed Attorney, anyone in the jail who receives a request for a Court Appointed Attorney, any request for any Court Appointed Attorney on any juvenile matter, any request for a Court Appointed Attorney for CPS and/or Empower, as well as any requests received by the Indigent Defense Coordinator for Court Appointed Attorney shall forward such requests to the Indigent Defense Coordinator Rosa Ella Mittnacht (rmittnacht@navarrocounty.org) within the statutory timelines in the indigent defense plans for adults and juveniles.
Page 1 | JOINT ADMINISTRATIVE ORDER REGARDING REQUESTS FOR COURT APPOINTED ATTORNEYS - MODIFIED
Direct hearing-date and trial-setting requests to the Court Coordinator or Administrator, not the Judge.
All requests for hearings to be scheduled, or for trial settings to be made shall be directed to the Court Coordinator or Administrator for the court in which the case is pending. No requests for hearing dates or trial settings shall be directed to the Judge.
Page 15 | Rule 51. Requests for Hearings or Trial Settings
A party may request a court reporter for a telephone hearing; the parties must agree on the costs, or the Judge will allocate them if they cannot agree.
A court reporter may be provided by the Court during these calls, if requested by a party, and the costs of providing a court reporter shall be allotted by agreement between the parties, or by the Judge if the parties cannot agree.
Page 17 | Rule 62. Hearings Conducted by Phone
The Judge may allow proceedings or hearings that do not require evidence or exhibits to be conducted by telephone conference call.
At the discretion of the Judge, proceedings or hearings not requiring the introduction of evidence or exhibits may be conducted by telephone conference calls.
Page 17 | Rule 62. Hearings Conducted by Phone