Judge LeAnn Kay Rafferty
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Contested motions for continuance must be written and filed at least five working days before docket call.
Document Format Requirements1 rule
a. A court-appointed investigator and/or expert shall submit a typed, detailed list of services provided to the appointed counsel.
Formatting
- •The list must be typed and detailed
Document Filing Requirements14 rules
The Petitioner must attach this order to the original petition and each copy, and the Clerk must ensure it is attached if the Petitioner has not done so when filing.
Court's wording
The Petitioner shall attach a copy of this order to the original petition and to each copy the petition. At the time the petition is filed, if the Petitioner 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.
1. Motions and other preliminary matters may be heard in advance of the pre-trial if, when filed, they are accompanied by an order setting hearing to be completed by the Court.
Discovery motions may be heard before pre-trial if filed with an order setting a hearing; otherwise, they must be urged at pre-trial or are waived.
Court's wording
Motions relating to discovery may be heard in advance of the pre-trial if, when filed, they are accompanied by an order setting hearing to be completed by the Court. Otherwise, all such motions shall be urged at pre-trial or they will be deemed waived.
Requested definitions, instructions and questions shall be furnished to the Court and to opposing counsel before or at the commencement of trial unless otherwise ordered by the Court.
A withdrawal motion must include the client’s written consent, a new lawyer’s representation certificate, or the specified mailed notice and attached letter.
Court's wording
Such motion shall be accompanied by the client's written consent to such withdrawal or a certificate by another lawyer that he or she has been employed to represent the client in the case, or a copy of such motion shall be mailed to the client at his or her last known address with a letter advising that the motion will be presented to the Court on or after a certain time, not less than ten (10) days after mailing the letter, and that any objection to such withdrawal should be made to the Court in writing before such time, and a copy of such letter shall be attached to the motion.
If the client is unrepresented, withdrawal is not effective until counsel sends the specified letter and files a copy with the Court.
Court's wording
After leave of Court is granted, if the client is without counsel, withdrawal shall not be effective unless and until withdrawing counsel has written a letter to the client, with a copy filed with the Court advising such client of any setting of the case for trial or for any other hearing or proceeding and advising the client to promptly secure other counsel in the case.
No attorney of record shall be permitted to withdraw from any case without presenting a motion and obtaining from the Court an order granting leave to withdraw.
Counsel presenting an ex parte application must certify in writing, when presenting it, the stated facts about prior orders and opposing-party representation or notice efforts.
Court's wording
Counsel presenting any application for an ex parte order shall at the time the application is presented certify in writing to the Court that: 1. To the best of his or her knowledge, no other Court has issued an ex parte order in the matter made the basis of the suit in which the relief is sought; and 2. To the best of his or her knowledge, the party against whom the relief is sought is not represented by counsel in the matter made the basis of the suit in which the relief is sought; or 3. If the opposing party is represented by counsel in that matter; that (a) opposing counsel has been notified of the application and does not wish to be heard by the Court thereon; or (b) that counsel presenting the application has diligently attempted to notify such counsel and has been unable to do so and the circumstances do not permit additional efforts to give notice.
An expense-approval request must identify the proposed investigation or expert, provide supporting specific facts, and itemize anticipated expenses for each investigator or expert.
Court's wording
c. The request for approval of expenses must state the type of investigation to be conducted or the type of expert witness to be retained, must set out specific facts that suggest the investigation will result in admissible evidence or that the services of an expert witness are reasonably necessary to assist in the preparation of a potential defense, and shall include an itemized list of anticipated expenses for each investigator, expert witness, or both.
Appointed counsel for indigent defendants must file a pretrial expense-payment request, which counsel may file ex parte and confidentially.
Court's wording
a. Appointed counsel for indigent defendants must file with the court a pretrial request for payment of investigative expenses, expert witness expenses, or both. In the discretion of the attorney, this request may be filed as an ex parte confidential request.
The services list must identify each service, its date and location, and time spent rounded to the nearest tenth of an hour.
Court's wording
a. The detailed list must reflect the following: (1) the type of itemized service provided; (2) the date and location of the service; and (3) the time spent providing the service rounded to the nearest tenth of an hour (6 minute increments).
Attorneys must submit investigator or expert payment requests with the detailed services list and Attorney Fee Voucher; investigators may not submit requests directly, and payment requires the judge’s approval.
Court's wording
b. Attorneys remain responsible for approving and submitting the investigator/expert fees to the judge for payment and/or reimbursement. Investigators shall not directly submit payment requests to the judge. To receive payment, the attorney must provide the court the detailed list described in section IV(a) above, along with the Attorney Fee Voucher. No payment shall be made until the judge approves payment.
c. The attorney must note on the Attorney Fee Voucher if the attorney requests a reimbursement for pre-paid expenses and/or fees, or, if the attorney requests payment be made directly to the expert and/or investigator.
The prevailing party should submit a proposed order on a contested matter after the Court rules, except for orders tendered at a hearing, and should provide it to the opposing party at least two working days before submission; the opposing party must approve it as to form or object in writing, and absent objections within five working days it is deemed approved as to form.
Court's wording
Except for proposed orders tendered at a hearing, the prevailing party should submit proposed orders on contested matters after notification of the Court's ruling. Proposed orders should be tendered to the opposing party at least two (2) working days before they are submitted to the Court. The opposing party must either approve the proposed order as to form or file objections in writing with the Court. If an order is not approved as to form and no objections are filed within five (5) working days of the submission of the proposed order, the proposed order is deemed approved as to form. Nothing herein prevents the Court from making and signing its own order at any time after the hearing in accordance with the Texas Rules of Civil Procedure.
Filing & Service rules
Filing Timing and Cure Windows
Civil motions in limine, special exceptions, other pre-trial motions, and pleas must be filed at least five working days before the pre-trial hearing, unless a longer period is required or a shorter period is allowed for good cause.
All motions in limine, special exceptions, other pre-trial motions and pleas shall be filed and copies served on opposing counsel at least five (5) working days before the pre-trial hearing, unless a longer period for filing is otherwise required or a shorter period allowed for good cause.
Page 6 | RULE 2.10 PRESENTMENT OF PRE-TRIAL MOTIONS — Civil Cases
Criminal-case motions must be filed with the District Clerk at least five working days before the pre-trial hearing.
All motions shall be filed with the District Clerk and served on the District Attorney at least five (5) working days before the pre-trial hearing.
Page 6 | RULE 2.10 PRESENTMENT OF PRE-TRIAL MOTIONS — Criminal Cases
Unless the Court orders otherwise, counsel must submit a proposed judgment or dismissal order within 30 days after the specified verdict, judgment, or settlement announcement.
Within 30 days after the Court has announced a verdict or judgment or the Court receives a written announcement of settlement from either party or from a mediator, counsel shall submit to the Court a proposed judgment or dismissal order, unless ordered otherwise.
Page 12 | RULE 6.11 JUDGMENTS AND DISMISSAL ORDERS
Attorney Fee Vouchers must be submitted to the judge after final disposition of the case in the trial court.
d. Attorney Fee Vouchers shall be submitted to the judge following the final disposition of the case in the trial court.
Criminal cases
Page 2 | IV. Procedure to Request Payment
Service and Proof of Service Rules
The defendant must notify the District Attorney's office of settings the defendant requests.
4. Notice of all settings made at the request of the defendant shall be given by said defendant to the District Attorney's office.
Page 4 | RULE 1.14 REQUEST FOR SETTING OF JURY AND NON-JURY CASES — Criminal Cases
c. Prior to the docket call, oral requests may be made to the Court, if the requested setting is agreed to by all parties and confirmed in writing with copies of such request to all parties or their counsel of record.
c. Prior to the docket call, oral requests may be made to the Court, if the requested setting is agreed to by all parties and confirmed in writing with copies of such request to all parties or their counsel of record.
Page 4 | RULE 1.14 REQUEST FOR SETTING OF JURY AND NON-JURY CASES — Civil Cases, Contested
b. Prior to the call of the docket, requests may be made in writing to the Court, with a copy of the request served on all parties to the cause or their counsel of record if all parties agree to the requested setting.
b. Prior to the call of the docket, requests may be made in writing to the Court, with a copy of the request served on all parties to the cause or their counsel of record if all parties agree to the requested setting.
Page 4 | RULE 1.14 REQUEST FOR SETTING OF JURY AND NON-JURY CASES — Civil Cases, Contested
For a setting requested by the District Attorney's office, notice must be given to the defendant, the defendant’s sureties, and counsel of record, and a copy filed with the District Clerk.
3. Notice of all settings made at the request of the District Attorney's office shall be given to the defendant and his sureties, and to the defendant's attorney of record, with a copy of such notice filed in the District Clerk's office.
Page 4 | RULE 1.14 REQUEST FOR SETTING OF JURY AND NON-JURY CASES — Criminal Cases
Copies of civil motions in limine, special exceptions, other pre-trial motions, and pleas must be served on opposing counsel at least five working days before the pre-trial hearing; the text allows a shorter period for good cause.
All motions in limine, special exceptions, other pre-trial motions and pleas shall be filed and copies served on opposing counsel at least five (5) working days before the pre-trial hearing, unless a longer period for filing is otherwise required or a shorter period allowed for good cause.
Page 6 | RULE 2.10 PRESENTMENT OF PRE-TRIAL MOTIONS — Civil Cases
Criminal-case motions must be served on the District Attorney at least five working days before the pre-trial hearing.
All motions shall be filed with the District Clerk and served on the District Attorney at least five (5) working days before the pre-trial hearing.
Page 6 | RULE 2.10 PRESENTMENT OF PRE-TRIAL MOTIONS — Criminal Cases
Trial exhibits must be marked and exchanged with all counsel at least five working days before the pre-trial hearing.
A. All exhibits that will be offered at trial shall be marked and exchanged with all counsel of record at least five (5) working days prior to the pre-trial hearing.
Page 7 | RULE 2.11 TRIAL EXHIBITS AND VIDEO DEPOSITIONS — Exhibits
The moving party must notify all other parties or their counsel of the discovery-motion hearing setting.
It is the responsibility of the moving party to give notice of such setting to all other parties or their counsel of record.
Page 9 | RULE 2.18 DISCOVERY MOTIONS IN CIVIL CASES
A copy of a withdrawal motion must be served on opposing counsel.
A copy of the motion shall be served on opposing counsel.
Page 11 | RULE 4.12 ATTORNEY WITHDRAWALS
Documents seeking expedited relief or relating to matters set for hearing within seven days of filing must be served on all opposing parties so they receive them the same day they are filed, except original petitions and accompanying temporary-restraining-order applications.
Other than original petitions and accompanying applications for temporary restraining orders, any document filed with the Court that relates to requests for expedited relief or to matters set for hearing within seven (7) days of filing must be served upon all opposing parties in a manner that will ensure receipt of the papers by them on the same day the papers are filed with the Court or Clerk.
Page 13 | RULE 6.13 SERVICE OF PAPERS FILED WITH THE COURT
The party requesting a criminal-case setting must notify the other party.
2. It is the responsibility of the requesting party to give notice of the requested setting to the other party.
Page 3 | RULE 1.14 REQUEST FOR SETTING OF JURY AND NON-JURY CASES — Criminal Cases
a. Requests may be made in writing to the Court with a copy of such request given to all parties or their counsel of record.
a. Requests may be made in writing to the Court with a copy of such request given to all parties or their counsel of record.
Page 4 | RULE 1.14 REQUEST FOR SETTING OF JURY AND NON-JURY CASES — Civil Cases, Uncontested
The Court may set a case for a status and scheduling conference, pre-trial conference, or trial on its own motion after reasonable notice to all parties.
Upon reasonable notice to all parties, the Court may on it's own motion set any case for a status and scheduling conference, pre-trial conference, and trial.
Page 4 | RULE 1.14 REQUEST FOR SETTING OF JURY AND NON-JURY CASES — Criminal and Civil Cases
b. Oral requests for settings may be made orally if confirmed in writing with a copy of such request given to all parties or their counsel of record.
b. Oral requests for settings may be made orally if confirmed in writing with a copy of such request given to all parties or their counsel of record.
Page 4 | RULE 1.14 REQUEST FOR SETTING OF JURY AND NON-JURY CASES — Civil Cases, Uncontested
The party requesting an uncontested civil setting must notify all other parties or their counsel of record.
c. It is the responsibility of the requesting party to give notice to all other parties or their counsel of record.
Page 4 | RULE 1.14 REQUEST FOR SETTING OF JURY AND NON-JURY CASES — Civil Cases, Uncontested
The party requesting a civil contested setting must notify all other parties or their counsel of record.
e. It is the responsibility of the requesting party to give notice to all other parties or their counsel of record.
Page 4 | RULE 1.14 REQUEST FOR SETTING OF JURY AND NON-JURY CASES — Civil Cases, Contested
Notice of a request for preferential setting must be given to all parties or their counsel of record.
Notice of such request shall be given to all parties or their counsel of record.
Page 5 | RULE 1.15 REQUEST FOR PREFERENTIAL SETTING
E. A list of exhibits that may be offered at trial shall be exchanged between counsel and provided to the Court Reporter at the time of pre-trial.
E. A list of exhibits that may be offered at trial shall be exchanged between counsel and provided to the Court Reporter at the time of pre-trial.
Page 7 | RULE 2.11 TRIAL EXHIBITS AND VIDEO DEPOSITIONS — Exhibits
Video depositions must be exchanged and marked as exhibits, and the exhibit rules also apply to them.
B. All video depositions, either edited or unedited, shall be exchanged and marked as exhibits. The rule herein that applies to exhibits shall also apply to video depositions.
Page 7 | RULE 2.11 TRIAL EXHIBITS AND VIDEO DEPOSITIONS — Video Depositions
Unless otherwise specifically set, a pending summary-judgment motion on file and delivered to the opposing parties or counsel more than 21 days before the hearing is considered set for hearing at pre-trial.
Unless specifically set otherwise, all pending motions for summary judgment which have been on file and a copy delivered to the opposing parties or their counsel more than twenty-one (21) days prior to the date set for hearing will be considered as set for hearing at the time of the pre-trial hearing as if they were formally set on that date by written order.
Page 8 | RULE 2.15 MOTIONS FOR SUMMARY JUDGMENT
The moving party must notify all parties or their counsel of the hearing setting.
2. It is the responsibility of the moving party to give notice of such setting to all parties or their counsel of record.
Page 8 | RULE 2.12 DISPOSITION OF MOTIONS AND OTHER PRELIMINARY MATTERS
The party requesting a status or scheduling conference must notify all other parties or their counsel of the setting.
It is the responsibility of the requesting party to give notice of the setting to all other parties or their counsel of record.
Page 8 | RULE 2.16 STATUS AND SCHEDULING CONFERENCES
Pre-Motion Conference Requirements
Before filing a motion, counsel for the potential movant must personally attempt at least three times, during regular business hours on at least two business days, to contact opposing counsel to hold or schedule a conference to resolve the disputed matters.
Prior to filing of a motion, counsel for the potential movant shall personally attempt to contact counsel for the potential respondent to hold or schedule a conference to resolve the disputed matters. Counsel for the potential movant shall make at least three attempts to contact counsel for the potential respondent. The attempts shall be made during regular business hours on at least two (2) business days.
Page 13 | RULE 6.14 CERTIFICATE OF CONFERENCE BETWEEN COUNSEL
Adjournment & Extension Requirements
Contested motions for continuance must be written and filed at least five working days before docket call.
1. All contested motions for continuance must be in writing and filed at least five (5) working days before docket call.
Page 8 | RULE 2.13 MOTIONS FOR CONTINUANCE
After a civil case has been on file for more than two years, or a family-law case for more than one year, the moving party must personally approve a continuance motion from a trial setting before the Court will consider it.
3. After a case has been on file for more than two (2) years in a civil case and one (1) year in a family law case, the moving party shall personally approve all motions for continuance from trial settings before the Court will consider it.
Page 8 | RULE 2.13 MOTIONS FOR CONTINUANCE
2. Contested motions for continuance filed after the docket call shall be based on grounds that either did not exist or were not known and could not have been reasonably anticipated at the time of docket call.
2. Contested motions for continuance filed after the docket call shall be based on grounds that either did not exist or were not known and could not have been reasonably anticipated at the time of docket call.
Page 8 | RULE 2.13 MOTIONS FOR CONTINUANCE
A vacation-based continuance requires all parties’ agreement or a written motion after notice and hearing; a vacation letter alone does not automatically warrant one.
Continuances based on attorney vacations shall be granted only by agreement of all parties or on written motion after notice and hearing. Continuances will not be automatically granted solely on the basis of a vacation letter from an attorney to the Court or opposing counsel.
Page 11 | RULE 4.11 ATTORNEY VACATIONS