Judge James E. Lagomarsino
Individual Rules, Standing Orders & 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.
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 limit
- Up to 50 pages
- Word limit
- Up to 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 Requirements3 rules
Physical and electronic filings must use black text in a commonly used Court-acceptable font of at least 12 points, have one-inch margins, and be double-spaced except where Bluebook rules require otherwise.
- Font size
- 12 points
- Line spacing
- Double
- Margins
- 1 inch
Exception
Where The Bluebook: A Uniform System ofCitation requires otherwise
Court's wording
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
- Electronically filed document
Formatting
- •The PDF must be text-searchable
- •If possible, convert the document directly to PDF rather than scanning it
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.
- Paper size
- Letter
- Paper filing
Formatting
- •Paper must be plain and white
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 civil pleading requesting entry of judgment 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.
For a contested pleading in a civil case, the movant must attach a certificate documenting the good-faith effort to resolve the matter and the details of the consultation.
- 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.
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 the proposed discovery-close date, conditionally explain a date more than nine months away, and propose limits for depositions and specified written discovery.
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.
An attorney entering an initial appearance must give the Court written notice identifying the represented party and any co-counsel, with 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.
In order to compensate for additional time spent on criminal, juvenile, CPS, and tax suits, the Court will consider additional compensation when accompanied by an itemized statement on office letterhead attached to the Attorney Fee Voucher.
Filing & Service rules
Electronic Filing Rules
Pro se parties submit filings on paper; the filings are scanned and made available electronically on the Court's 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
Practicing attorneys must e-file civil and criminal documents through EFileTexas.gov; the documents must be searchable PDFs, directly converted rather than scanned if possible, and include an email address.
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
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.
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
After making an oral or in-person request, the requesting party should e-file a written copy with 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
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.
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 | Rule 57. Vacation of Attorneys
The bail-decision review must occur within 24 hours or the next business day, be placed on the record, and may be conducted on weekends or holidays if necessary when it cannot occur the next business day.
The review of bail decision will occur within 24 hours or the next business day and placed on the record. The District Court will, if necessary, conduct the review of bail decision on weekends and holidays to be in compliance with the statute if the District Court is unable to conduct the review of bail decision on the next business day.
Criminal cases
Page 1 | STANDING ORDER (CRIMINAL)- REVIEW OF BAIL DECISION - 17.029
Service and Proof of Service Rules
Parties presenting an emergency motion or pleading must make a good faith effort to notify opposing counsel and interested parties, but the hearing may proceed without them if those efforts fail.
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 | 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, and give 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 | Rule 56. Notice to Opposing Counsel and Interested Parties
Counsel requesting community supervision records on a pending motion to revoke or adjudicate must e-serve the request through the District Clerk to the Navarro County Community Supervision & Corrections Department, except for criminal history and 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 that can be prepared 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.
Civil cases
Page 2 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding
Filing Fees and Waivers
The Clerk must adopt a filing-fee schedule as close as possible to January 1 each year, and changes from the prior year 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 for criminal prosecutions following a grand jury 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 motion in a civil case, the movant must make a good-faith inquiry through at least one oral conversation, explaining the requested relief and general legal grounds but not necessarily the 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 seeking court intervention on 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 making any 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)
Before seeking court intervention on 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
When conferring about a scheduling or trial-setting request, parties must also confer about the subject matter to be heard.
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.
Page 14 | Rule 49. Mandatory Scheduling Conferences (Subject Matter)
Adjournment & Extension Requirements
Parties may agree to a continuance without court approval only when no trial date has been 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
The listed recipients must forward court-appointed-attorney requests to the Courts by the specified emails immediately upon receipt, until further notice.
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 above Courts via the above emails immediately upon receipt of such request until further notice from the 13^ Judicial District Court and the Navarro County Court at Law.
Page 1 | JOINT ADMINISTRATIVE ORDER REGARDING REQUESTS FOR COURT APPOINTED ATTORNEYS
Requests for court-appointed attorneys must be sent directly to the Courts through the listed Court Coordinators’ email addresses.
Effective immediately, pursuant to the inherent powers of the Courts and applicable authority, the 13* Judicial District Court and the Navarro County Court at Law hereby ORDER that any requests for Court Appointed Attorneys be sent directly to the Courts via their Court Coordinators(mbutler@navarrocounty.org and bgerman@navarrocountv.org)
Page 1 | JOINT ADMINISTRATIVE ORDER REGARDING REQUESTS FOR COURT APPOINTED ATTORNEYS