Rusk County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
Document Filing Requirements9 rules
Each request must contain an estimated time for trial.
DocumentSetting Request
The defendant and his attorney are excused from appearing at arraignment if a written waiver of arraignment, signed by the defendant and his attorney, has been filed in the cause and a copy served on the State's attorney.
DocumentWaiver Of Arraignment
Orders setting an Ancillary Docket hearing must use the applicable prescribed hearing language based on the notice requirements of the Texas Family Code or Texas Rules of Civil Procedure.
B. On any order setting a hearing for the Ancillary Docket, the attorneys will use the following language dependent upon which is appropriate under the notice requirements of the Texas Family Code or the Texas Rules of civil Procedure: 1. "9:00 a.m. on the Wednesday next after the expiration of 3 days from the date of øP service." 2. "9:00 a.m. on the Wednesday next after the expiration of 10 days from the date of service." 3. "9:00 a.m. on the first Wednesday following the Monday next after the expiration of 20 days from the date of service."
DocumentAncillary Docket Hearing Order
Requests must be made in writing to the District Judge's secretary, with a copy served on all parties to the cause or their counsel of record.
DocumentContested Civil Nonjury Setting Request
Each request must contain an estimated time required for trial.
DocumentContested Civil Nonjury Setting Request
I. Requested definitions, instructions and questions should be furnished to the Court before or at the commencement of trial but may be furnished any time before the closing of the evidence, unless otherwise ordered by the Court.
DocumentRequested Jury Definitions Instructions And Questions
II. Copies of requested definitions, instructions and questions need not be furnished to opposing counsel until the closing of all the evidence, unless otherwise ordered by the Court.
DocumentCopies Of Requested Jury Definitions Instructions And Questions
III. General or "boiler plate" instructions need not be submitted by counsel.
DocumentGeneral Or Boilerplate Jury Instructions
Counsel appointed to represent a defendant in a criminal proceeding should submit a Report of Services Performed and an Order for Payment (on forms available from the Judge's secretary) when a case is resolved but before the judgment or other dispositive order is signed.
DocumentAppointed Counsel Compensation Submission
Filing & Service rules
Filing Timing and Cure Windows
If a judgment adjudicates costs, all cost records must be filed with the Clerk before or when the judgment is signed.
All records of costs, INCLUDING FEES OF THE COURT REPORTER FOR THE ORIGINAL OF STENOGRAPHIC TRANSCRIPTS, must be filed with the Clerk before or at the time of the signing of the judgment if such judgment provides for the adjudication of those costs.
Page 13 | RULE 13.10 MISCELLANEOUS
Except for motions in limine and motions for continuance, covered civil pre-trial motions, special exceptions, and pleas must be filed and served on opposing counsel three full days before the hearing, subject to longer required periods or a shorter period for good cause.
B. Except for motions in limine and motions for continuance, all special exceptions, other pre-trial motions and pleas must be filed and copies served on opposing counsel for three (3) full days before the pre-trial hearing, unless a longer period for filing is otherwise required or a shorter period allowed for good cause.
Service and Proof of Service Rules
A defendant who requests a court setting must give the State notice of all such settings.
Notice to the State of all settings by the Court on request of the defendant shall be given by the requesting defendant.
Page 3 | RULE 1.15 REQUEST FOR SETTING - JURY CASES, I.A
Civil jury-setting requests must be written and served with a copy on all parties or counsel of record.
Requests must be made in writing to the District Judge's secretary, with a copy served on all parties to the cause or their counsel of record.
Page 3 | RULE 1.15 REQUEST FOR SETTING - JURY CASES, I.B
Contested civil setting requests must be written and served with a copy on all parties or counsel of record.
Requests must be made in writing to the County Court-at-Law Judge's secretary, with a copy served on all parties to the cause or their counsel of record.
Page 3 | II. County Court-at-Law
The requesting party must notify all other parties or their counsel of record 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 3 | II. County Court-at-Law
The County Attorney’s Office must notify the defendant or his sureties and attorney of record of all settings and file a copy of each notice with the District Clerk’s office.
Notice of all settings by the County Attorney's Office shall be given by said office to the defendant or his sureties and the defendant's attorney of record, with a copy of such notice filed in the District Clerk's office.
Page 3 | RULE 1.15 REQUEST FOR SETTING - JURY CASES, I.A
The Court directs notice of civil jury settings to all parties or their counsel of record.
Notice of such settings shall be given under the direction of the Court to all parties to the cause or their counsel of record.
Page 3 | RULE 1.15 REQUEST FOR SETTING - JURY CASES, I.B
The County Attorney's Office must give notice of all criminal settings to the defendant or sureties and counsel of record and file a copy with the County Clerk.
Notice of all settings by the County Attorney's Office shall be given by said office to the defendant or his sureties and the defendant's attorney of record, with a copy of such notice filed in the County Clerk's Office.
Page 4 | RULE 1.15 REQUEST FOR SETTING - JURY CASES, II.A
Civil jury-setting requests in County Court-at-Law must be written and served with a copy on all parties or counsel of record.
Requests must be made in writing to the County Court-at~Law Judge's secretary, with a copy served on all parties to the cause or their counsel of record.
Page 4 | RULE 1.15 REQUEST FOR SETTING - JURY CASES, II.C
A copy of the filed arraignment waiver must be served on the State's attorney for the defendant and counsel to be excused from appearing.
The defendant and his attorney are excused from appearing at arraignment if a written waiver of arraignment, signed by the defendant and his attorney, has been filed in the cause and a copy served on the State's attorney.
Page 4 | RULE 1.18 DOCKET CALLS AND ANNOUNCEMENTS, I.A
Except for motions in limine and motions for continuance, covered civil pre-trial motions, special exceptions, and pleas must be served on opposing counsel three full days before the hearing, subject to longer required periods or a shorter period for good cause.
B. Except for motions in limine and motions for continuance, all special exceptions, other pre-trial motions and pleas must be filed and copies served on opposing counsel for three (3) full days before the pre-trial hearing, unless a longer period for filing is otherwise required or a shorter period allowed for good cause.
The requesting party in a criminal non-jury case must notify the other side of the setting.
It is the responsibility of the requesting party to give notice of the setting to the other side.
Page 2 | RULE 1.14 REQUEST FOR SETTINGS - NON-JURY CASES — District Court — Criminal cases
The requesting party in a contested civil non-jury case must notify all other parties or their counsel of record 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 2 | RULE 1.14 REQUEST FOR SETTINGS - NON-JURY CASES — District Court — Civil cases — Contested
A copy of a contested civil non-jury setting request must be served on all parties or their counsel of record.
Requests must be made in writing to the District Judge's secretary, with a copy served on all parties to the cause or their counsel of record.
Page 2 | RULE 1.14 REQUEST FOR SETTINGS - NON-JURY CASES — District Court — Civil cases — Contested
The moving party must notify all other parties or their counsel of record of the hearing settings.
II. It is the responsibility of the moving party to give notice of such settings to all other parties or their counsel of record.
Page 7 | RULE 3.11 DISPOSITION OF MOTIONS AND OTHER PRELIMINARY MATTERS
A defendant and attorney may be excused from arraignment if a waiver signed by both is filed and a copy is served on the state's attorney.
2. The defendant and his attorney are excused from appearing at arraignment if a written waiver of arraignment, signed by the defendant and his attorney, has been filed in the cause and a copy served on the state's attorney.
A criminal defendant and attorney may be excused from docket call if a signed written announcement is filed and served on the state's attorney and neither side seeks a contested continuance motion.
4. The defendant and his attorney are excused from appearing at docket call if a written announcement, signed by the defendant or his attorney, has been filed in the cause and a copy served on the state's attorney, and neither side wishes to urge a contested motion for continuance.
A criminal defendant and attorney may be excused from docket call if a signed written announcement is filed and served on the State's attorney and neither side seeks a contested continuance motion.
4. The defendant and his attorney are excused from appearing at docket call if a written announcement, signed by the defendant or his attorney, has been filed in the cause and a copy served on the State's attorney and neither side wishes to urge a contested motion for continuance.
Pre-Motion Conference Requirements
Motions and other preliminary matters may be heard before pre-trial only if filed with an Order Setting Hearing for the Court to complete; otherwise, they must be urged at pre-trial or are waived.
I. 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. Otherwise, all such motions and other preliminary matters must be urged at the pre-trial, or they will be deemed waived.
Page 7 | RULE 3.11 DISPOSITION OF MOTIONS AND OTHER PRELIMINARY MATTERS
Discovery motions may be heard before pre-trial if filed with an Order Setting Hearing to be completed by the Court; otherwise, they must be urged at pre-trial or are waived.
I. Motions relating to discovery may be heard in advance of the pre-trial if, when filed, they are accompanied by an Order Setting Hearing toøPbe completed by the Court. Otherwise, all such motions must be urged at the pre-trial, or they will be deemed waived.
Page 8 | RULE 3.22 DISCOVERY MOTIONS (CIVIL CASES)
Unless otherwise specifically set, a pending summary-judgment motion filed and delivered to the opposing party or counsel more than 21 days before pre-trial 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 of which has been delivered to the opposite party or his counsel more than 21 days prior to the date set for pre-trial hearing, will be considered as set for hearing at the time of the pre-trial hearing just as if they were formally set on that date by written order.
Page 7 | RULE 3.15 MOTIONS FOR SUMMARY JUDGMENT
A request to set a default judgment hearing may be made orally or in writing to the Judge's secretary, who will set the hearing date and time.
Requests for settings for default judgments may be made orally or in writing to the Judge's secretary who will set a date and time for hearing.
Page 7 | RULE 3.14 MOTIONS FOR DEFAULT JUDGMENT
Adjournment & Extension Requirements
II. Contested motions for continuance filed after docket call must 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.
II. Contested motions for continuance filed after docket call must 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 7 | RULE 3.13 MOTIONS FOR CONTINUANCE
Contested motions for continuance must be written and filed before docket call.
I. All contested motions for continuance must be in writing and filed before docket call.
Page 7 | RULE 3.13 MOTIONS FOR CONTINUANCE
A continuance based on an attorney vacation may be granted only by agreement of all parties or on written motion after notice and a hearing.
Continuances based on attorney vacations shall be granted only by agreement of all parties OR on written motion after notice and a hearing.
Page 12 | RULE 10.10 ATTORNEY VACATIONS
A civil-case announcement of “Not Ready” must be accompanied by a written motion for continuance unless all parties agree to pass the case and the Court approves.
c. An announcement of "Not Ready'; must be accompanied by a written motion for continuance unless there is an agreement by all parties to pass the case, which agreement is subject to ~he approval of the Court.
In family law cases, a “Not Ready” announcement must be accompanied by a written motion for continuance unless all parties agree to pass the case and the Court approves.
c. An announcement of "Not Ready" must be accompanied by a written motion for continuance unless there is an agreement by all parties to pass the case, which agreement is subject to the approval of the Court.
A vacation letter from an attorney to the Court or opposing counsel alone does not result in an automatic continuance.
Continuances will not be automatically granted solely on the basis of a vacation letter from an attorney to the Court or opposing counsel.
Page 12 | RULE 10.10 ATTORNEY VACATIONS
Chambers Communication Rules
Criminal non-jury setting requests may be made orally or in writing to the District Judge's secretary.
Requests may be made orally or in writing to the District Judge's secretary.
Page 2 | RULE 1.14 REQUEST FOR SETTINGS - NON-JURY CASES — District Court — Criminal cases