Judge Titiana D. Frausto
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Counsel should request a continuance in writing at least 48 hours before the hearing, state whether opposing counsel or a self-represented person agrees or opposes it, and may still be denied even when all parties agree; oral requests are disfavored and contested motions require a hearing.
- A continuance motion based on conflicting attorney settings must be filed in every affected court and identify all conflicting settings.
- A judge may permit a vacation longer than four weeks or shorten the 60-day notice requirement, but an attorney may not use a vacation letter to obtain a continuance of a setting made before the letter was filed.
- A continuance motion based on an attorney’s conflicting trial or hearing settings must be filed in every affected court and identify the conflicting settings.
- +2 more
Request must include
- In civil cases not specially set, an attorney may not be put to trial for more than four consecutive weeks in a year if the attorney gives at least 60 days' advance written notice to the appropriate clerk of the county of residence and copies to clerks in other counties where the attorney has pending cases.
- In civil cases not specially set, an attorney may obtain protection from trial for up to four consecutive weeks per year by filing written notice at least 60 days in advance with the clerk in the attorney's county of residence and copies with clerks in any other counties where the attorney has pending cases.
Communication
Chambers
Phone
Document Filing Requirements33 rules
A motion to withdraw requires a hearing unless it complies with Texas Rule of Civil Procedure 10 and includes the specified client and party consents, a last-known-address certificate, and a certification about unreduced rulings.
A hearing is required for a motion to withdraw unless the motion complies with Rule 10 of the Texas Rules of Civil Procedure and is filed with: (a) A written consent to the withdrawal signed by the withdrawing attorney's client(s); (b) A written consent to the withdrawal signed by all other parties in the action who have appeared; (c) A certificate of last known address of the client(s), containing the client's address, telephone number, email address, and, if available, fax number; and (d) A certification that there are no rulings of the court that have yet to be reduced to writing.
Document Type
Motion To Withdraw
A motion to substitute attorneys must include written consent, a certificate of service, the substituting attorney’s identifying information, and a certification that no rulings remain to be reduced to writing to avoid a hearing.
A hearing is required for a motion to substitute attorneys unless the motion complies with Rule 10 of the Texas Rules of Civil Procedure, and is filed with: (a) A written consent to the substitution signed by all other parties in the action who have appeared; (b) A certificate of service notifying withdrawing attorney of the motion to substitute; (c) The substituting attorney's name, State bar number; address, telephone number, email address, and, if available, fax number; and (d) A certification that there are no rulings of the court that have yet to be reduced to writing.
Document Type
Motion To Substitute Attorneys
A motion to retain must state the factual and legal basis for retaining the case and be filed at least 14 days before the dismissal date.
Motions to retain must set forth the factual and legal basis for retaining the case and must be filed at least 14 days prior to the dismissal date specified in the notice of dismissal.
Document Type
Motion To Retain
All pleadings and motions filed by counsel or self-represented parties must comply with the AI standing order and include the Certification Regarding Use of Artificial Intelligence.
All pleadings and motions filed by counsel and self-represented parties shall comply with the "Standing Order Regarding Use of Artificial Intelligence," and contain the "Certification Regarding Use of Artificial Intelligence". (see appendices A and B)
Document Type
Pleadings And Motions
When no conference occurred, the certificate of conference must explain why conferring was not possible.
If a conference was not held, the certificate must explain why it was not possible to confer.
Document Type
Certificate Of Conference
As an alternative to filing a hearing motion, a party may ask the court to schedule the hearing and confirm the setting by letter to the court, with a copy served on opposing counsel under Rule 21a within three days after the setting.
Requesting the court to schedule the hearing and confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure within 3 days of setting the hearing.
Document Type
Confirmation Letter
A motion requesting a setting or a letter confirming a setting must certify a good-faith conference or attempted conference with opposing counsel about the hearing date and time.
A motion requesting a setting or letter confirming a setting must include a certification that the party seeking hearing in good faith conferred or attempted to confer with the opposing party to reach an agreement on the date and time of the hearing.
Document Type
Setting Request
Every request for a hearing setting must estimate the amount of court time required.
All requests for a setting shall include an estimate of the amount of court time required for the hearing.
Document Type
Setting Request
The applicant must make a reasonable effort to provide opposing counsel or the party with the application and proposed order at least 2 hours before presentation to the Court for decision.
make reasonable effort to provide opposing counsel or party with a copy of the application and proposed order at least 2 hours before the application and proposed order are to be presented to the Court for decision
Document Type
Ex Parte Application
A party may request a hearing by filing a motion, an order setting the hearing, and a certificate of service on opposing counsel.
Filing with the Court a motion requesting a hearing and an order setting a hearing, accompanied by a certificate of service to opposing counsel; or
Document Type
Motion
Every deposition notice must include a substantially prescribed certification describing the conference or attempt, inability to reach agreement, or agreement reached.
Any notice of deposition must include a certification substantially in the following form: "A conference was held (or attempted) with the attorney for the opposing party to agree on a date, time, place and materials to be furnished. Agreement cannot be reached (or counsel will not respond) and the deposition is therefore being taken ===== PAGE 8 ===== pursuant to this notice (or agreement was reached and this notice complies with the agreement)."
Document Type
Deposition Notice
Unless the parties agree or the court orders otherwise, an expert designated to provide testimony must submit a prepared and signed written report with the designation; the requirement excludes experts designated solely on attorney's fees.
Unless otherwise agreed by the parties or ordered by the court, an expert witness that is retained or specially employed to provide expert testimony in the case must provide a written report that is prepared and signed by the witness in addition to the other requirements of Tex. R. Civ. P. 194.2(f) at the time of the designation of the expert. This rule does not apply to experts designated on attorney's fees.
Document Type
Expert Report
Every motion requiring a conference must include a certificate stating whether the motion is unopposed, opposed, or agreed.
Each motion for which a conference is required must include a certificate of conference indicating that the motion is unopposed, opposed, or agreed.
Document Type
Motion
After a party files for bankruptcy protection, counsel must promptly telephone the Court Coordinator and, within three days, provide written notice to affected courts and all counsel identifying the bankruptcy court, case information, filing date, and counsel's address.
Whenever any party of litigation in these courts files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party's counsel in these courts: (i) to promptly notify the affected court(s) by telephoning the Court Coordinator; and (ii) within three (3) days of any bankruptcy filing, to provide written notice to the affected court(s) and all counsel that a bankruptcy has occurred giving the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing and the name and address of counsel for the bankrupt.
Document Type
Bankruptcy Notice
A deposition objection based on time must identify three alternative times within 14 calendar days, while an objection based on location must identify an alternative location.
A party objecting to the time or place designated for an oral deposition under Rule 199.4, Texas Rules of Civil Procedure, will include in the party's objection or motion to quash (if the objection is to the time of the deposition) three alternative times within 14 calendar days of the date specified in the notice or an alternative location (if the objection is to the location of the deposition).
Document Type
Deposition Objection
Before using AI-generated information in a court submission or proceeding, every self-represented litigant or attorney who used AI for legal research or drafting must sign and submit the attached certification form.
All self-represented litigants and attorneys who utilize any form of artificial intelligence for legal research or drafting in connection with a case shall before using any AI-generated information in a court submission or proceeding sign and submit the attached form, certifying that:
Document Type
Court Submission Or Proceeding Using Ai Generated Information
Attorneys and self-represented litigants must provide a certification addressing compliance with the Court's artificial-intelligence standing order and human verification of all generative-AI contributions.
### CERTIFICATION REGARDING USE OF ARTIFICIAL INTELLIGENCE I, an attorney or self-represented litigant in the ____ Judicial District Court, hereby certify as follows: 1. I reviewed and understand this Court's Standing Order Regarding Artificial Intelligence. I will comply with the Standing Order throughout this case. 2. All information created or contributed to by generative artificial intelligence—including language, quotations, sources, citations, arguments, and legal analysis—was before submission to this Court verified as accurate using traditional (non-AI) legal sources by a human being. 3. I understand that I will be held responsible and subject to possible sanction under Texas Disciplinary Rules of Professional Conduct, Texas Rules of Civil Procedure, Texas Civil Practice and Remedies Code Chp. 10, and the inherent power of the Court, or for contempt of court, for failing to comply with the Court's Standing Order or this certification.
Document Type
Certificate
All pleadings and motions filed by counsel or self-represented parties must comply with the AI standing order and include the required AI certification.
All pleadings and motions filed by counsel and self-represented parties shall comply with the "Standing Order Regarding Use of Artificial Intelligence," and contain the "Certification Regarding Use of Artificial Intelligence". (see appendices A and B)
Document Type
Pleadings And Motions
A motion requesting a setting or a letter confirming a setting must include a good-faith conference or attempted-conference certification.
A motion requesting a setting or letter confirming a setting must include a certification that the party seeking hearing in good faith conferred or attempted to confer with the opposing party to reach an agreement on the date and time of the hearing.
Document Type
Motion
A motion requesting a hearing must be accompanied by an order setting the hearing and a certificate of service on opposing counsel.
Filing with the Court a motion requesting a hearing and an order setting a hearing, accompanied by a certificate of service to opposing counsel;
Document Type
Motion
If no conference occurred, the certificate must explain why, the motion is presumed opposed, and the attorney must still make best efforts to confer.
If a conference was not held, the certificate must explain why it was not possible to confer, in which event the motion will be presumed to be opposed. This rule does not alleviate the requirement that a conference be held, as attorneys must use their best efforts to have a conference where required by this rule.
Document Type
Motion
A motion subject to the conference requirement must include a certificate stating that it is unopposed, opposed, or agreed.
Each motion for which a conference is required must include a certificate of conference indicating that the motion is unopposed, opposed, or agreed.
Document Type
Motion
Unless the parties agree or the court orders otherwise, an expert must provide a written, signed report when designated, but the rule excludes attorney-fee experts.
Unless otherwise agreed by the parties or ordered by the court, an expert witness that is retained or specially employed to provide expert testimony in the case must provide a written report that is prepared and signed by the witness in addition to the other requirements of Tex. R. Civ. P. 194.2(f) at the time of the designation of the expert. This rule does not apply to experts designated on attorney's fees.
Document Type
Expert Report
Every deposition notice must include a certification in the prescribed form concerning the conference or attempted conference and the resulting agreement or inability to agree.
Any notice of deposition must include a certification substantially in the following form:
Document Type
Deposition Notice
Self-represented litigants and attorneys using artificial intelligence for legal research or drafting must sign and submit an attached certification form before using AI-generated information in a court submission or proceeding.
All self-represented litigants and attorneys who utilize any form of artificial intelligence for legal research or drafting in connection with a case shall before using any AI-generated information in a court submission or proceeding sign and submit the attached form, certifying that: 1. all language, quotations, sources, citations, arguments, and legal analysis created or contributed to by generative artificial intelligence were before submission verified as accurate through traditional (non-AI) legal sources by a human being, and 2. that the self-represented litigant or attorneys submitting such information understands and acknowledges that they are and will be held responsible and potentially sanctioned for their or their co-counsel's failure to comply with this Order.
Document Type
Court Submission
Attorneys and self-represented litigants must certify compliance with the Court's artificial-intelligence standing order and verify AI-created information using traditional legal sources before submission.
### CERTIFICATION REGARDING USE OF ARTIFICIAL INTELLIGENCE I, an attorney or self-represented litigant in the ____ Judicial District Court, hereby certify as follows: 1. I reviewed and understand this Court's Standing Order Regarding Artificial Intelligence. I will comply with the Standing Order throughout this case. 2. All information created or contributed to by generative artificial intelligence—including language, quotations, sources, citations, arguments, and legal analysis—was before submission to this Court verified as accurate using traditional (non-AI) legal sources by a human being. 3. I understand that I will be held responsible and subject to possible sanction under Texas Disciplinary Rules of Professional Conduct, Texas Rules of Civil Procedure, Texas Civil Practice and Remedies Code Chp. 10, and the inherent power of the Court, or for contempt of court, for failing to comply with the Court's Standing Order or this certification. Signed on: ________________________ [ATTORNEY SIGNATURE BLOCK]
Document Type
Certificate
A continuance motion based on an attorney’s conflicting trial or hearing settings must include case-identifying information for all conflicting settings.
Any motion for continuance on the ground that an attorney is set for trial or other hearing in two or more courts on the same date shall be filed in all affected courts and shall contain case identifying information as to all conflicting settings.
Document Type
Motion
The motion-to-withdraw rule also applies in criminal cases.
**This Rule also applies in criminal cases.
Document Type
Motion To Withdraw
Except for emergency or legally authorized ex parte orders, proposed orders should be sent to opposing counsel for agreement before court-requested transmittal; disagreement triggers a hearing, and proposed orders should not be filed before a hearing.
Other than emergency orders, or other orders specifically authorized by law to be submitted ex parte, all proposed orders should be submitted to opposing counsel(s) for agreement as to form prior to its transmittal to the Court's queue. No proposed order should be submitted to a court's queue unless specifically requested by the court. If counsel cannot agree the parties should schedule a hearing. Counsel should not file proposed orders before a hearing has been held.
Document Type
Proposed Order
Noncompliance with the bankruptcy-notice rule may result in sanctions against counsel and, when appropriate, the party after the bankruptcy concludes.
Failure to comply with this rule may be punished by sanctioning counsel and, in appropriate cases, the party once the bankruptcy is concluded.
Document Type
Bankruptcy Notice
For an uncontested or agreed matter not requiring a separate motion and hearing, the parties should submit a proposed order reflecting every party's agreement by authorized signature or through the motion's conference certificate, unless law requires a hearing.
For uncontested or agreed matters, a separate motion and hearing is not required, except as otherwise provided. All uncontested or agreed matters should be presented with a proposed form of order and should reflect the agreement of all parties either (i) by personal or authorized signature on the form of the order, or (ii) in the certificate of conference on the motion. This rule does not apply to cases in which the law requires a hearing.
Document Type
Proposed Order
For uncontested or agreed matters, a separate motion and hearing are generally unnecessary, and the matter should include a proposed order reflecting every party's personal or authorized signature or a certificate of conference, unless law requires a hearing.
For uncontested or agreed matters, a separate motion and hearing is not required, except as otherwise provided. All uncontested or agreed matters should be presented with a proposed form of order and should reflect the agreement of all parties either (i) by personal or authorized signature on the form of the order, or (ii) in the certificate of conference on the motion. This rule does not apply to cases in which the law requires a hearing.
Document Type
Proposed Order
Except for emergency orders and orders authorized by law for ex parte submission, proposed orders should be sent to opposing counsel for agreement as to form before court transmittal.
Other than emergency orders, or other orders specifically authorized by law to be submitted ex parte, all proposed orders should be submitted to opposing counsel(s) for agreement as to form prior to its transmittal to the Court's queue.
Document Type
Proposed Order
Filing & Service rules
Electronic Filing Rules
A proposed order should be submitted to the court's electronic queue only when the court specifically requests it.
No proposed order should be submitted to a court's queue unless specifically requested by the court.
Page 5 | Rule 1.12 Proposed Orders
If counsel cannot agree on a proposed order, the parties should schedule a hearing and should not file the proposed order before that hearing occurs.
If counsel cannot agree the parties should schedule a hearing. Counsel should not file proposed orders before a hearing has been held.
Page 5 | Rule 1.12 Proposed Orders
Filing Timing and Cure Windows
A motion to retain must be filed at least 14 days before the dismissal date specified in the notice of dismissal.
Motions to retain must set forth the factual and legal basis for retaining the case and must be filed at least 14 days prior to the dismissal date specified in the notice of dismissal.
Page 4 | 5.1 Motions to Retain and Objections to Motions to Retain
An objection to a motion to retain must be filed at least 7 days before the dismissal date specified in the notice of dismissal.
Any objection to a motion to retain must be filed at least 7 days prior to the dismissal date specified in the notice of dismissal.
Page 4 | 5.1 Motions to Retain and Objections to Motions to Retain
A party must file a written motion before the hearing's announcement period to request a virtual hearing or trial or virtual participation by a party or witness.
(1) A party may request a virtual hearing or trial, or may request that a party or witness be allowed to participate virtually, by filing a written motion prior to the announcement period for the hearing.
Page 3 | Rule 1.05 Virtual Hearings
Within 20 days after receiving a trial-setting request, an opposing party must object in writing with reasons, and the requesting party may respond within 10 days.
Upon receipt of a request for setting, any opposing party shall have 20 days to object in writing detailing the reasons for objection; setting party may file a written response within 10 days.
Page 6 | Rule 2.01 Trial Weeks
Pretrial deadlines remain unchanged when a case is not reached or its trial date is reset unless the parties agree or the court orders otherwise.
In the event a case is not reached on the docket or the trial date is reset, all pretrial deadlines in the plan shall remain firm and unchanged unless otherwise agreed by the parties or ordered by the court.
Page 6 | Rule 2.01 Trial Weeks
Service and Proof of Service Rules
The party obtaining a setting must notify all parties of the hearing details and total duration, follow the Texas Rules of Civil Procedure, and send notice the same day the setting is obtained.
The party who obtains the setting must give notice to all parties of the time, place, and date of a setting and the total time needed for the entire hearing for all participants. Notice must be given in the manner and within the time provided by the Texas Rules of Civil Procedure. Notice must be sent the same day the party obtains the setting, and any delay in sending notice may be argued by the opposing party as a basis for continuance.
Page 2 | CHAPTER 2 Setting Cases, 2.1 Notice of Setting to be Provided by Party Obtaining the Setting
A copy of the letter confirming a court-set hearing must be served on opposing counsel in accordance with Texas Rule of Civil Procedure 21a within three days of the setting.
Requesting the court to schedule the hearing and confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure within 3 days of setting the hearing.
Page 3 | Rule 1.10 Hearings
The two-hour notice and copy requirements do not apply when a verified party certificate or counsel certificate alleges either imminent irreparable harm with insufficient time to notify or that notice would impair or annul the court's authority to grant relief.
Compliance with the provisions of subparagraph (a) hereof is not required if a verified certificate of a party or a certificate of counsel is filed with the application alleging, (1) That irreparable harm is imminent and there is insufficient time to notify the opposing party or counsel; or (2) That to notify the opposing party or counsel would impair or annul the court's power to grant relief because the subject matter of the application could be accomplished or property removed, secreted or destroyed, if notice were required.
Page 3 | Rule 1.11 Application for TRO and Other Ex Parte Orders
Unless an exception applies, counsel seeking a TRO or other ex parte relief must notify the opposing party or counsel and make a reasonable effort to provide the application and proposed order at least two hours before judicial consideration.
Counsel presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing party's counsel, or the opposing party if unrepresented by counsel in the present controversy, and make reasonable effort to provide opposing counsel or party with a copy of the application and proposed order at least 2 hours before the application and proposed order are to be presented to the Court for decision, except as provided in subparagraph (b) hereof.
Page 3 | Rule 1.11 Application for TRO and Other Ex Parte Orders
The motion seeking a hearing must be accompanied by a certificate of service on opposing counsel.
Filing with the Court a motion requesting a hearing and an order setting a hearing, accompanied by a certificate of service to opposing counsel; or
Page 3 | Rule 1.10 Hearings
A written request to place a case on a trial docket must be served simultaneously on every party.
A copy of the request will be simultaneously served on all parties.
Page 6 | Rule 2.01 Trial Weeks
The clerk must provide notice of an intended dismissal for want of prosecution through Rule 165a procedures and electronic service to registered attorneys and individuals.
The clerk shall provide notice of the court's intention to dismiss for want of prosecution by complying with the provisions of Paragraph (1) of Rule 165a of the Texas Rules of Civil Procedure and through electronic service to those attorneys and individuals who are registered with the e-filing system for the case subject to dismissal.
Page 8 | Rule 2.07 Dismissal for Want of Prosecution
When a hearing is scheduled by letter, a copy must be served on opposing counsel under Texas Rule 21a within three days after the hearing is set.
Requesting the court to schedule the hearing and confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure within 3 days of setting the hearing.
Page 4 | Rule 1.10 Hearings
Counsel seeking a temporary restraining order or other ex parte relief must notify the opposing counsel or unrepresented party and make a reasonable effort to provide the application and proposed order at least 2 hours before presentation to the Court, except as provided in subparagraph (b).
Counsel presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing party's counsel, or the opposing party if unrepresented by counsel in the present controversy, and make reasonable effort to provide opposing counsel or party with a copy of the application and proposed order at least 2 hours before the application and proposed order are to be presented to the Court for decision, except as provided in subparagraph (b) hereof.
Page 4 | Rule 1.11 Application for TRO and Other Ex Parte Orders
After a party files for bankruptcy protection, counsel must promptly notify the affected court or courts by telephoning the Court Coordinator.
(i) to promptly notify the affected court(s) by telephoning the Court Coordinator;
Page 8 | Part IV. Bankruptcy — (a) Notice of Filing
Counsel must promptly notify the court after a bankruptcy concludes through discharge, denial of discharge, dismissal, or another disposition.
Once a bankruptcy has been concluded, whether by discharge, denial of discharge, dismissal or otherwise, counsel shall promptly notify the Court
Page 8 | Part IV. Bankruptcy — (b) Conclusion of Bankruptcy
Within three days after a bankruptcy filing, counsel must give the affected courts and all counsel written notice containing the specified bankruptcy and counsel information.
(ii) within three (3) days of any bankruptcy filing, to provide written notice to the affected court(s) and all counsel that a bankruptcy has occurred giving the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing and the name and address of counsel for the bankrupt.
Page 8 | Part IV. Bankruptcy — (a) Notice of Filing
The clerk must provide notice of an intended dismissal for want of prosecution through Rule 165a procedures and electronic service to registered participants.
The clerk shall provide notice of the court's intention to dismiss for want of prosecution by complying with the provisions of Paragraph (1) of Rule 165a of the Texas Rules of Civil Procedure and through electronic service to those attorneys and individuals who are registered with the e-filing system for the case subject to dismissal.
Page 8 | Rule 2.07 Dismissal for Want of Prosecution
An objecting party may file an objection and set it for hearing by providing proper notice to all parties.
Thereafter, any party objecting to the motion may file an objection and set it for hearing with proper notice to all parties.
Page 3 | Rule 1.05 Virtual Hearings
A deposition notice providing less than ten calendar days is presumed unreasonable.
Notice of less than ten (10) calendar days under Rules 21a and 199.2(a), Texas Rules of Civil Procedure, is presumed to be unreasonable notice.
Page 7 | Rule 2.06 Depositions
Docket and court hearing-setting notices are sent by USPS mail to the address on record.
All dockets or court hearings setting notices are sent to you via USPS mail, so we need a good address.
Page 1 | 181ST DISTRICT COURT’S PR BOND PROTOCAL
A deposition notice providing less than 10 calendar days' notice is presumed unreasonable.
Notice of less than ten (10) calendar days under Rules 21a and 199.2(a), Texas Rules of Civil Procedure, is presumed to be unreasonable notice.
Page 7 | Rule 2.06 Depositions
Email delivery of dockets is optional and may be requested by providing the court with a reliable email address.
If you would like to receive your docket via email, please provide the court with a reliable email address.
Page 1 | 181ST DISTRICT COURT’S PR BOND PROTOCAL
Pre-Motion Conference Requirements
Failure to hold or adequately attempt a deposition conference before issuing notice is grounds to quash the deposition.
Failure to hold such conference or to make adequate attempts to hold such conference prior to noticing a deposition will be grounds to quash the deposition.
Page 7 | Rule 2.06 Depositions
An attorney filing a motion or plea for any relief generally must confer with each affected party's attorney to determine whether it is opposed, using telephone, email, facsimile, letter, or another previously used communication method.
Unless otherwise specified below, an attorney filing a motion or plea seeking any type of relief from a court must confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed. Such a conference may be by phone call, email, facsimile, letter, or by other means the attorneys have used for communication.
Page 7 | Rule 2.04 Certificates of Conference
Before noticing an oral deposition, a party must attempt to communicate with opposing counsel about the date, time, place, and materials to be furnished.
A party seeking an oral deposition must first attempt to communicate with opposing counsel to determine whether an agreement can be reached as to date, time, place, and material to be furnished at the time of deposition.
Page 7 | Rule 2.06 Depositions
Before filing a motion or plea, an attorney generally must confer with counsel for every affected party to determine whether the relief is opposed, using telephone, email, fax, letter, or another established communication method.
Unless otherwise specified below, an attorney filing a motion or plea seeking any type of relief from a court must confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed. Such a conference may be by phone call, email, facsimile, letter, or by other means the attorneys have used for communication.
Page 7 | Rule 2.04 Certificates of Conference
If no conference occurred, the certificate must explain why and the motion is presumed opposed, but counsel must still use best efforts to conduct the required conference.
If a conference was not held, the certificate must explain why it was not possible to confer, in which event the motion will be presumed to be opposed. This rule does not alleviate the requirement that a conference be held, as attorneys must use their best efforts to have a conference where required by this rule.
Page 7 | Rule 2.04 Certificates of Conference
A prefiling conference is not required for a motion that will be decided on submission.
Conferences are not required for motions that will be heard by submission.
Page 7 | Rule 2.04 Certificates of Conference
A conference is not required for a motion that will be decided on submission.
Conferences are not required for motions that will be heard by submission.
Page 7 | Rule 2.04 Certificates of Conference
Adjournment & Extension Requirements
Counsel should request a continuance in writing at least 48 hours before the hearing, state whether opposing counsel or a self-represented person agrees or opposes it, and may still be denied even when all parties agree; oral requests are disfavored and contested motions require a hearing.
Counsel must follow the Texas Rules of Civil Procedure, Texas Rules of Criminal Procedure, or other applicable rules and statutes, and proper motion practice for proper consideration of any requested relief. Oral requests for continuance are highly disfavored, and requests for reset should be in writing, at least 48 hours before a hearing—or as soon as practical. Written, verified motions for continuance are preferred to Rule 11 Agreements. Motions for continuance should state whether opposing counsel, or any opposing self-represented person, agrees or opposes the request. Even if all parties and counsel agree, the court retains discretion to grant or deny a motion for continuance. A hearing is required for a contested motion for continuance.
Page 3 | 3.2 Motion for Continuance
A continuance motion based on conflicting attorney settings must be filed in every affected court and identify all conflicting settings.
Any motion for continuance on the ground that an attorney is set for trial or other hearing in two or more courts on the same date shall be filed in all affected courts and shall contain case identifying information as to all conflicting settings.
Page 5 | Rule 1.13 Conflicting Engagements
A continuance motion based on an attorney’s conflicting trial or hearing settings must be filed in every affected court and identify the conflicting settings.
Any motion for continuance on the ground that an attorney is set for trial or other hearing in two or more courts on the same date shall be filed in all affected courts and shall contain case identifying information as to all conflicting settings.
Page 18 | RULE 10: CONFLICTING ENGAGEMENTS
An attorney may not use the vacation rule to obtain a continuance of a setting that predates the vacation notice.
This may not be used to obtain a continuance of a setting made prior to the filing of a vacation letter.
Page 19 | RULE 11: ATTORNEY VACATIONS
A judge may permit a vacation longer than four weeks or shorten the 60-day notice requirement, but an attorney may not use a vacation letter to obtain a continuance of a setting made before the letter was filed.
At the judge's discretion, a judge may allow more than four weeks vacation period or may shorten the 60-day notice requirement. This may not be used to obtain a continuance of a setting made prior to the filing of a vacation letter.
Page 19 | RULE 11: ATTORNEY VACATIONS
In civil cases not specially set, an attorney may not be put to trial for more than four consecutive weeks in a year if the attorney gives at least 60 days' advance written notice to the appropriate clerk of the county of residence and copies to clerks in other counties where the attorney has pending cases.
In civil cases not specially set, an attorney may not be put to trial for a period not to exceed four consecutive weeks of a given year if the attorney has, in writing, filed with the appropriate clerk of the county of his residence, with a copy to the appropriate clerk of any other county where the attorney has pending cases, at least 60 days in advance, notice of the attorney's vacation period.
Page 19 | RULE 11: ATTORNEY VACATIONS
In civil cases not specially set, an attorney may obtain protection from trial for up to four consecutive weeks per year by filing written notice at least 60 days in advance with the clerk in the attorney's county of residence and copies with clerks in any other counties where the attorney has pending cases.
In civil cases not specially set, an attorney may not be put to trial for a period not to exceed four consecutive weeks of a given year if the attorney has, in writing, filed with the appropriate clerk of the county of his residence, with a copy to the appropriate clerk of any other county where the attorney has pending cases, at least 60 days in advance, notice of the attorney's vacation period.
Page 19 | RULE 11: ATTORNEY VACATIONS
A judge may permit an attorney vacation longer than four weeks or shorten the standard 60-day advance notice requirement.
At the judge's discretion, a judge may allow more than four weeks vacation period or may shorten the 60-day notice requirement.
Page 19 | RULE 11: ATTORNEY VACATIONS
Chambers Communication Rules
All hearing settings, including settings in judge-signed orders, must be arranged through the Court Administrator by email.
All settings for hearings must be scheduled through the Court Administrator via email, even those included in an order signed by a judge.
Page 2 | CHAPTER 2 Setting Cases, 2.1 Notice of Setting to be Provided by Party Obtaining the Setting
Persons subject to the release protocol must call 806-379-2360 between 8:30 a.m. and 9:30 a.m. on the first Friday of every month, and failure to check in may result in bond forfeiture and a warrant.
Check-in between 8:30 am and 9:30 am every month on the first Friday of the month. IT IS YOUR RESPONSIBILITY TO CALL AND CHECK IN- THE COURT WILL NOT REACH OUT IF YOU HAVE FAILED TO CHECK IN. CALL 806-379-2360 and speak with Krisha Stidger or Steve Davis. FAILURE TO CHECK IN WILL RESULT IN A BOND FORFEITURE AND A WARRANT BEING ISSUED FOR YOUR ARREST.
Page 1 | 181ST DISTRICT COURT’S PR BOND PROTOCAL
Every verbal or written request for a setting must include an estimate of the total hearing time for all matters and participants.
Each request for a setting, verbal or written, must include an estimate of the total time required for the entire hearing, on all matters, for all participants.
Page 2 | CHAPTER 2 Setting Cases, 2.0 Requesting a Setting and Time Estimate Requirement
Email is the Court’s preferred communication method, and court communications should include all parties or their attorneys when represented.
Email is the Court’s preferred method of communication (stidgerk@pottercscd.org). Please include all parties on court communications, or their attorneys (if represented by counsel).
Page 1 | CHAPTER 1 General Provisions, 1.0 Court Communication