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Document Filing Requirements8 rules

Filing RequirementsMandatory

Family-law parties must timely file the listed required documents; failure to do so may affect temporary support and may result in other sanctions.

Court's wording

The failure 'to timely file the inventories and appraisements, affidavits, or statements or proposed property divisions, may result, in addition to other sanctions provided by law, in the continuance of temporary support or in the discontin- uance of same, depending on the party failing to comply with these rules.

Local Rules of Court 31st Dist · Mar 1989 · p. 1
|SectionRule 1.10 Time Standards for Case Processing — Family Law Cases
Filing RequirementsMandatory

When requesting a setting for a nonjury trial, the approxi- mate length of time required for the trial shall be given in order to facilitate scheduling.

Local Rules of Court 31st Dist · Mar 1989 · p. 2
|SectionRule 1.14 Request for Settings--Nonjury Cases
Filing RequirementsMandatory

Any request in response to a dismissal notice must be made in writing and must be filed with the Clerk and a copy "sent to the District Judge.

Local Rules of Court 31st Dist · Mar 1989 · p. 2
|SectionRule 1.20 Dismissal Dockets, Involuntary Dismissal
Filing RequirementsMandatory

When, after such notice, a written request for setting is made, the case shall be set for a day certain and shall be tried on such When a case is dismissed,

Local Rules of Court 31st Dist · Mar 1989 · p. 3
|SectionRule 1.14 Request for Settings—Nonjury Cases
Filing RequirementsMandatory

Counsel for each party will submit a proposed Charge of the Court to the Court no later than noon on the Monday of the jury week for which the case is set for trial.

Filing RequirementsMandatory

Immediately upon employment or court appointment, the defense attorney shall give written notice thereof to the District Attorney and the District CLerk stating the name of the accused, the offense (s) charged and cause number, if known.

Local Rules of Court 31st Dist · Mar 1989 · p. 3
|SectionRule 6.14 Appearance of Defendant and Counsel/Court Attendance
Filing RequirementsMandatory

Unless an announcement of "ready" for trial is made in writing not less than one (1) nor more than seven (7) days prior to docket call, the defendant shall appear at docket call. An announcement of ready is a representation to the Court, signed by the defense attorney and the defendant that the defendant is available for trial and has actually received notice of the setting for which the announcement is made.

Local Rules of Court 31st Dist · Mar 1989 · p. 4
|SectionRule 6.14 Appearance of Defendant and Counsel/Court Attendance
Filing RequirementsImportant

Each judge will include information on orders setting hearings, docket notices, and in other communications notifying individuals who are in vulnerable populations of the ability to contact the court to identify themselves as a vulnerable individual and receive accommodations.

Filing & Service rules

Filing Timing and Cure Windows

To avoid dismissal for want of prosecution, a written request for setting must be made within 15 days after the notice is mailed.

Pursuant to the Texas Rules of Civil Procedure and the Local Rules of the Court, the above cause will be dismissed for want of prosecution unless a written request for setting is made within 15 days of the mailing of this notice.

Page 2 | Rule 1.20 Dismissal Dockets, Involuntary Dismissal

Service and Proof of Service Rules

A copy of a response to a dismissal notice must be sent to the District Judge.

Any request in response to a dismissal notice must be made in writing and must be filed with the Clerk and a copy "sent to the District Judge.

Page 2 | Rule 1.20 Dismissal Dockets, Involuntary Dismissal

Each calendar month, the Clerk or Court Coordinator must mail the specified dismissal notice to counsel of record, or to an unrepresented party, in domestic-relations cases on file more than six months.

In each calendar month, the Clerk or Court Coordinator shall mail to each attorney of record (or if ther be no attorney for any party, to such party) in each domestic relations case (annulment, divorce, and modification of custody, visitation and support) whićh has been on file more than six months, the

Page 2 | Rule 1.20 Dismissal Dockets, Involuntary Dismissal

Adjournment & Extension Requirements

A party may rely on an agreement to pass or continue a case only if it is written and approved by the Court.

b. No party shall be entitled to rely upon an agreement entered into between parties or counsel to pass or continue a case unless such agreement is reduced to writing and approved by the Court.

Page 3 | Rule 3.13 Motion for Continuance

Attorneys may not agree to continue a case after it is set unless the Court approves.

No agreed continuance by attorneys after a case is set is permitted without approval of the Court.

Page 3 | Rule 3.13 Motion for Continuance

A continuance requires a written motion unless both sides’ attorneys agree; in that event, a resetting date must be received from the Court Coordinator or Court Clerk.

No cases will be continued without a written motion for continuance, unless the attorneys for both sides agree to a continuance then only upon receiving a resetting date from the Court Coordinator or the Court Clerk.

Page 4 | Rule 6.19 Continuance/Resetting Postponement

Unless good cause is shown for a continuance, the case is automatically placed last on the jury request list.

EXCEPT for a showing of good cause for a continuance, the case will automatically be placed LAST on the jury request list.

Page 3 | Rule 3.13 Motion for Continuance

Chambers Communication Rules

After the defendant’s appearance date has passed, the movant must request a default-judgment setting by telephone or mail.

All requests for settings for default judgments shall be made by telephone/or by mail from the movant after the appearance date of the defendant has passed.

Page 3 | Rule 3.14 Motions for Default Judgment

The District Attorney must advise the Judge before trial of the results of plea-bargain negotiations in a pending criminal case.

The District Attorney shall advise the Judge, in advance of trial, of the results of any plea bargain negotiations in a pending criminal case.

Page 4 | Rule 6.20 Plea Bargains

Parties must communicate with the Court's coordinator and bailiff to determine when they may enter the courthouse or courtroom.

Parties shall communicate with the Court's coordinator and bailiff in determining when to enter the courthouse/courtroom.

Page 2 | Scheduling

After an answer is filed, any party may request a nonjury trial setting; acting at the Judge’s direction, the Clerk or Court Coordinator shall set the case.

At any time after the filing of an answer upon the request of any party or the Judge's own motion, the Court Clerk or the Court Coordinator, acting upon the direction of the Judge, shall set the case for trial on the nonjury docket.

Page 2 | Rule 1.14 Request for Settings--Nonjury Cases

Lawyers must not approach the Bench unless the Court permits it or requests it.

They shall not approach the Bench except with permission or upon request of the Court.

Page 6 | Rule 10.13 Conduct/Decorum of persons in Court

discussion of the facts or law of the case with the Court outside of the Courtroom and not in the presence of opposing All remarks of Counsel

discussion of the facts or law of the case with the Court outside of the Courtroom and not in the presence of opposing All remarks of Counsel

Page 6 | Rule 10.13 Conduct/Decorum of persons in Court

Counsel must address remarks to the Court rather than to the Judge as an individual.

All remarks of Counsel to the Court shall be addressed to the Court and not to the Judge as an individual.

Page 6 | Rule 10.13 Conduct/Decorum of persons in Court

Vulnerable individuals may contact the court to identify themselves and receive accommodations.

Each judge will include information on orders setting hearings, docket notices, and in other communications notifying individuals who are in vulnerable populations of the ability to contact the court to identify themselves as a vulnerable individual and receive accommodations.

Page 2 | Vulnerable Populations

A request for a nonjury trial setting may be made by telephone or mail.

The request for a nonjury trial setting may be made by tele- phone or by mail.

Page 2 | Rule 1.14 Request for Settings--Nonjury Cases

About Judge Steven R. Emmert

The Honorable Steven R. Emmert serves as the 31st District Judge for Roberts County, Texas. The courthouse address is 401 Main Street, P.O. Box 766, Wheeler, Texas 79096.

Court Coordinator: Dana Burch. Telephone: (806) 826-5501. Fax: (806) 826-5503.

Common questions about Judge Steven R. Emmert's rules

What must be included with family law required documents filings before Judge Steven R. Emmert?

Family-law parties must timely file the listed required documents; failure to do so may affect temporary support and may result in other sanctions.

View ruleSource: page 1, section Rule 1.10 Time Standards for Case Processing — Family Law Cases

What must be included with nonjury trial setting request filings before Judge Steven R. Emmert?

A request for a nonjury trial setting must state the approximate time required for trial.

View ruleSource: page 2, section Rule 1.14 Request for Settings--Nonjury Cases

How may parties contact Judge Steven R. Emmert's chambers?

After the defendant’s appearance date has passed, the movant must request a default-judgment setting by telephone or mail.

View ruleSource: page 3, section Rule 3.14 Motions for Default Judgment

How do I request an adjournment or extension before Judge Steven R. Emmert?

Attorneys may not agree to continue a case after it is set unless the Court approves.

View ruleSource: page 3, section Rule 3.13 Motion for Continuance

What filing deadlines apply to written request for setting filings before Judge Steven R. Emmert?

To avoid dismissal for want of prosecution, a written request for setting must be made within 15 days after the notice is mailed.

View ruleSource: page 2, section Rule 1.20 Dismissal Dockets, Involuntary Dismissal

What rule applies to serving the court before Judge Steven R. Emmert?

Details: recipient: the court. A copy of a response to a dismissal notice must be sent to the District Judge.

View ruleSource: page 2, section Rule 1.20 Dismissal Dockets, Involuntary Dismissal
Complete rules summary for Judge Steven R. Emmert

Parties must communicate with the Court's coordinator and bailiff to determine when they may enter the courthouse or courtroom.

Orders setting hearings, docket notices, and other communications must tell vulnerable individuals that they may contact the court to identify themselves and request accommodations.

Vulnerable individuals may contact the court to identify themselves and receive accommodations.

Family-law parties must timely file the listed required documents; failure to do so may affect temporary support and may result in other sanctions.

After an answer is filed, any party may request a nonjury trial setting; acting at the Judge’s direction, the Clerk or Court Coordinator shall set the case.

A request for a nonjury trial setting must state the approximate time required for trial.

A request for a nonjury trial setting may be made by telephone or mail.

A response to a dismissal notice must be made in writing, filed with the Clerk, and copied to the District Judge.

A copy of a response to a dismissal notice must be sent to the District Judge.

Each calendar month, the Clerk or Court Coordinator must mail the specified dismissal notice to counsel of record, or to an unrepresented party, in domestic-relations cases on file more than six months.

To avoid dismissal for want of prosecution, a written request for setting must be made within 15 days after the notice is mailed.

After the specified notice, a request for setting must be written; the case is set for a specific day and must be tried that day or dismissed.

Attorneys may not agree to continue a case after it is set unless the Court approves.

Unless good cause is shown for a continuance, the case is automatically placed last on the jury request list.

A party may rely on an agreement to pass or continue a case only if it is written and approved by the Court.

After the defendant’s appearance date has passed, the movant must request a default-judgment setting by telephone or mail.

Each party’s counsel must submit a proposed Charge of the Court by noon on the Monday of the jury week in which the case is set for trial.

Upon employment or appointment, defense counsel must immediately give written notice to the District Attorney and District Clerk identifying the accused, charged offenses, and cause number if known.

Unless a written ready announcement is made one to seven days before docket call, the defendant must appear; the announcement must be signed by defense counsel and the defendant and represent that the defendant is available and received notice of the setting.

A continuance requires a written motion unless both sides’ attorneys agree; in that event, a resetting date must be received from the Court Coordinator or Court Clerk.

The District Attorney must advise the Judge before trial of the results of plea-bargain negotiations in a pending criminal case.

Lawyers must not approach the Bench unless the Court permits it or requests it.

discussion of the facts or law of the case with the Court outside of the Courtroom and not in the presence of opposing All remarks of Counsel

Counsel must address remarks to the Court rather than to the Judge as an individual.