Judge Bryan (Rusty) F. Russ Jr.
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Continuance requests must be filed at least 30 days before trial; requests filed within 30 days will not be considered absent an emergency, and an unavailable expert or fact witness is not an emergency.
- A request to pass, postpone, or reset a trial, pre-trial, or other hearing may be granted only with all involved counsel’s consent or when the ends of justice require it.
- When counsel seeks a postponement because of a conflicting setting in another court, counsel must provide alternative available trial dates within six weeks of the tentative setting date.
Request must include
Document Filing Requirements2 rules
Motions for preferential setting shall be in writing and verified.
A final judgment must include the specified denial-of-relief statement when applicable and a place for the Judge to note its entry date.
Court's wording
In all cases where a final judgment is to be entered it shall contain, if applicable, a statement that “all relief not specifically granted herein to any party is denied.” Such judgment shall have a place for the Judge to note the exact date which the judgment is entered.
Filing & Service rules
Filing Timing and Cure Windows
If the offering party is not present in court when physical evidence is offered, evidence that cannot be digitized must be tendered to the court within 2 working days after the remote proceeding.
c. Physical evidence which cannot be rendered in digital form shall be tendered to the court no later than 2 working days after the remote proceeding if the party offering evidence is not present in the court when it is offered.
Page 2 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding
Orders must be submitted to the Court for approval and signature no later than 30 days after the Judge announces the decision.
All orders shall be submitted to the Court for approval and signature no later than thirty (30) days from the date the Judge announces his decision.
Page 5 | 5.07 SUBMISSION OF ORDERS AND JUDGMENTS TO COURT
Ex parte orders may not be presented or entered from 2:00 p.m. Friday to 8:00 a.m. Monday, except in dire emergencies or cases involving family violence.
No ex parte order, including, but not limited to, restraining orders and writs of attachment, shall be presented to the Court or entered by the Judge between the hours of 2:00 p.m. on Friday and 8:00 a.m. the following Monday, except in cases of dire emergency or in cases involving family violence.
Page 5 | 5.08 EX PARTE ORDERS
Filing Fees and Waivers
A jury fee must be paid at least 30 days before the Tuesday of the week a civil case is set for trial for a jury trial to be granted.
Jury trials in civil cases will be granted only when a jury fee has been paid at least 30 days before the Tuesday of the week in which the case is set for trial.
Page 4 | 5.01 JURY TRIAL IN CIVIL CASES
Pre-Motion Conference Requirements
A mandatory pretrial conference must be held on the record at least 60 days before trial.
A pretrial conference will be held no less than 60 days before trial. The pretrial conference is mandatory and will be held on the record.
Criminal cases
Page 1 | ADDENDUM TO THE LOCAL RULE FOR THE 82ND JUDICIAL DISTRICT –ROBERTSON COUNTY
Any modifications to indictments must be made before the pretrial conference.
All modifications to indictments, if any, shall be done prior to the pretrial conference.
Criminal cases
Page 1 | ADDENDUM TO THE LOCAL RULE FOR THE 82ND JUDICIAL DISTRICT –ROBERTSON COUNTY
Notices of enhancement must be made at or before the pretrial.
Any notices of enhancement shall be done at or before the pretrial.
Criminal cases
Page 1 | ADDENDUM TO THE LOCAL RULE FOR THE 82ND JUDICIAL DISTRICT –ROBERTSON COUNTY
The Court will address pretrial matters at the pretrial conference, except Motions in Limine.
At the pretrial conference the Court will take up any pretrial matters except Motions in Limine.
Criminal cases
Page 1 | ADDENDUM TO THE LOCAL RULE FOR THE 82ND JUDICIAL DISTRICT –ROBERTSON COUNTY
Adjournment & Extension Requirements
Continuance requests must be filed at least 30 days before trial; requests filed within 30 days will not be considered absent an emergency, and an unavailable expert or fact witness is not an emergency.
All requests for continuances shall be filed no later than 30 days before trial. Any motion for continuance filed within 30 days of trial will not be considered by the Court unless there is an emergency. ( the unavailability of an expert witness or fact witness will not be considered an emergency.)
Criminal cases
Page 1 | ADDENDUM TO THE LOCAL RULE FOR THE 82ND JUDICIAL DISTRICT –ROBERTSON COUNTY
A request to pass, postpone, or reset a trial, pre-trial, or other hearing may be granted only with all involved counsel’s consent or when the ends of justice require it.
No request to pass, postpone or to reset any trial, pre-trial or other hearing shall be granted unless counsel for all parties involved consent, or the ends of justice require that it be postponed or reset.
Page 2 | 2.05 REQUEST FOR POSTPONEMENT
When counsel seeks a postponement because of a conflicting setting in another court, counsel must provide alternative available trial dates within six weeks of the tentative setting date.
If, at any stage of proceedings, a postponement is sought for the reason that counsel has conflicting settings in some other court, such counsel shall give the Court alternative dates, within six weeks of the date of the tentative setting, when he or she will be available to try the
Page 2 | 2.06 CONFLICTING ENGAGEMENTS OF COUNSEL