Judge Kimberly L. Allen
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- A request to pass, postpone, or reset a hearing is considered without a hearing only if all attorneys and self-represented litigants consent or the nonjoining parties have been notified and had an opportunity to object.
- Unless all attorneys and self-represented litigants give written consent and the Court approves the request, a motion must be filed under the applicable civil or criminal procedure rule.
- When a litigant other than an attorney seeks a continuance because of hospitalization, an accident, or a conflicting court setting, proof of the event must be provided.
- +2 more
Request must include
Document Format Requirements1 rule
The Court recommends using a form substantially similar to the current Texas Family Law Practice manual form or a form approved by the Court.
Court's wording
It is recommended that each party file this proposed property division form in a form substantially similar to the form found in the current Texas Family Law Practice manual published by the State Bar of Texas or in a form approved by the Court.
Document Filing Requirements8 rules
The motion must be accompanied by a proposed order setting the motion for hearing.
- Document
- Motion
Must include
- •Proposed order
1. Submit an Order Setting to the Court stating the date the parties have agreed to from those available dates.
2. In the Order Setting Hearing, or in an accompanying Motion, parties must advise the Court that opposing counsel has been contacted and that they are available for hearing on the requested dates.
When temporary support is at issue, each party must furnish specified income and tax documents before or at the hearing.
Court's wording
In all cases in which temporary support of a spouse and/or the child is in issue, each party shall be required to furnish, prior to or at the time of the hearing, all payroll statements, pay stubs, W2 forms and 1099 forms which evidence that party's earnings for the calendar year prior to the temporary hearing, a statement of monthly income and expenses, and copies of that party's federal income tax returns for the two calendar years prior to the temporary hearing.
The Petitioner must attach a copy of the order to the original petition and every copy; if the Petitioner fails to do so, the Clerk must ensure the copies presented at filing include it.
Court's wording
The Petitioner shall attach a copy of this order to the original petition and to each copy of 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.
Presenting an ex parte application constitutes counsel’s representation that opposing counsel is unrepresented or that one of the stated notice conditions applies.
Court's wording
By presenting any application for an ex parte order, counsel is deemed to represent to the Court that: a. to the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or b. if the party against whom the relief is sought is represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) counsel presenting the application has diligently attempted to notify opposing counsel, has been unable to do so, and the circumstance do not permit additional efforts to give such notice.
When temporary support of a spouse or child is at issue, each party must furnish a monthly income-and-expenses statement in a substantially similar or court-approved form.
Court's wording
In all cases in which temporary support of a spouse and/or the child is in issue, each party shall be required to furnish: 1. A statement of monthly income and expenses in a form substantially similar to the form found in the current Texas Family Law Practice manual published by the State Bar of Texas or in a form approved by this Court.
When property or debts are at issue, each party must file a proposed property division form listing all separate and community property and all debts and liabilities.
Court's wording
In all cases in which the character, value or division of property or debts is in issue, each party shall file a proposed property division form including all of the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.
Filing & Service rules
Electronic Filing Rules
An attorney may designate vacation days by e-filing a letter with the District Clerk.
A. Any attorney appearing in this Court may designate days for vacation by e-filing a letter with the District Clerk and by emailing the Court Administrator a copy of the letter.
Page 5 | RULE 1.6 VACATIONS OF ATTORNEYS
Service and Proof of Service Rules
Self-represented litigants must provide address and contact information for contact by court personnel and counsel of record.
Self-represented litigants are required to provide address and contact information so that they may be contacted by Court personnel and all counsel of record.
Page 2 | D Conduct Required of Self-Represented (Pro Se) Litigants
A self-represented litigant is deemed to have constructively received a mailed or delivered document if they fail to accept delivery or pick up mail sent to their provided address; receipt may be established by specified proof of delivery.
Failure to accept delivery or to pick up mail addressed to the address provided by a self-represented litigant will be considered constructive receipt of the mailed or delivered document and may be established by a postal service receipt for certified or registered mail or comparable proof of delivery.
Page 2 | D Conduct Required of Self-Represented (Pro Se) Litigants
If counsel cannot obtain all opposing counsel’s approval as to form, counsel may move for entry of the proposed judgment, order, or decree, secure a hearing, and provide notice to all opposing counsel under Rule 21a.
File a motion for entry of the proposed judgment, order or decree and secure a hearing for the same, with notice to all opposing counsel pursuant to Rule 21a, Texas Rules of Civil Procedure.
Page 7 | RULE 2.4 ORDERS AND DECREES
A responding party seeking affirmative relief on temporary orders must serve its temporary-order application and hearing notice on the adverse party under Texas Rules of Civil Procedure 5 and 21a.
An application to the Court for a temporary order and notice of any hearing thereon which is presented by a party responding to an application for temporary orders in which that party is seeking affirmative relief shall be served on the adverse party in accordance with Rule 5 and Rule 21a of the Texas Rules of Civil Procedure, as amended.
Page 9 | C. Notice Required When Responding Party Seeking Affirmative Relief
Adjournment & Extension Requirements
Unless all attorneys and self-represented litigants give written consent and the Court approves the request, a motion must be filed under the applicable civil or criminal procedure rule.
Unless all attorneys and self-represented litigants consent in writing to the request to pass, postpone, or reset any trial, pretrial conference, or hearing and the request is approved by the Court, a motion must be filed pursuant to Rule 251, et seq., of the Texas Rules of Civil Procedure, or Article 29.01, et seq., of the Texas Code of Criminal Procedure, as applicable.
Page 4 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — B. Contents of Motion
A request to pass, postpone, or reset a hearing is considered without a hearing only if all attorneys and self-represented litigants consent or the nonjoining parties have been notified and had an opportunity to object.
No request to pass, postpone, or reset any trial, pretrial, or other hearing shall be considered by the Court without a hearing unless all attorneys and self-represented litigants consent, or unless all parties not joining in such request have been notified and have had an opportunity to object.
Page 4 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — A. Consent or Notice Required
When a litigant other than an attorney seeks a continuance because of hospitalization, an accident, or a conflicting court setting, proof of the event must be provided.
If a continuance is sought because of a litigant's (but not an attorney's) hospitalization, automobile accident or other accident, or conflicting setting in another court, proof of such event must be provided.
Page 4 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — C. Proof Required
A criminal case may not be continued beyond three settings without good cause shown in a filed motion and agreement by the state and defense on a date certain; after three settings, specified reasons do not constitute good cause unless discovery was only recently provided.
A criminal case set on the Court's docket may be continued in accordance with Rule 1.2. A criminal case may not be continued for more than three settings unless good cause is shown in a Motion for Continuance filed with the Court and unless both the state and the defense agree on a date certain for a docket setting. After a criminal case has been continued for three settings, "good cause" shall not include a conflicting setting in another court, a failure of defense counsel to be paid, or insufficient time for defense counsel to review discovery (unless discovery has been only recently provided).
Page 7 | RULE 3.3 CONTINUANCES OF CRIMINAL DOCKET SETTINGS
The Court may, in its sole discretion, require litigants requesting a continuance to appear by Zoom before granting it.
In the Court's sole discretion, litigants requesting a continuance may be required to appear by Zoom before a continuance is granted.
Page 4 | RULE 1.2 REQUESTS FOR CONTINUANCE OR POSTPONEMENT — D. Hearing for Continuance via Zoom
Chambers Communication Rules
A. Any attorney appearing in this Court may designate days for vacation by e-filing a letter with the District Clerk and by emailing the Court Administrator a copy of the letter.
A. Any attorney appearing in this Court may designate days for vacation by e-filing a letter with the District Clerk and by emailing the Court Administrator a copy of the letter.
Page 5 | RULE 1.6 VACATIONS OF ATTORNEYS