Court Rules
Court-wide rules apply

Judge Clay M. White

Judge • Smith County Courts at Law

Adjournments

Court-wide

Court-wide rules

Applies court-wide

Smith County Courts at Law publishes its filing requirements at the court level rather than per judge, so these 64 rules are what govern this courtroom.

Filing Requirements

All 22
  • Applies to
    Motion
    Must include
    proposed order

    Motions must be written and accompanied by a separate proposed order granting the requested relief.

  • Applies to
    Motion or response

    Counsel are encouraged, but not required, to include citations and copies of cases believed to be controlling with a motion or response.

  • Applies to
    Opposed motion
    Must include
    certificate of conference

    Every opposed motion must include a certificate stating the conference date and participating attorneys, or explaining why a conference was not possible.

Filing Timing

All 15
  • A summary-judgment motion’s submission date must be no sooner than 30 days after filing.

  • The movant must choose a submission date no sooner than the Monday following 15 days after filing, unless the Court grants leave; submission may occur on that date or later.

  • Any response to a summary-judgment motion must be filed at least seven days before the submission date.

Service

All 10
  • Applies to
    Summary judgment response

    Any response to a summary-judgment motion must be served seven days before the submission date.

  • A copy of each continuance or postponement motion must be properly served on opposing counsel or unrepresented opposing parties.

  • Applies to
    Motion for continuance
    Service
    Mail

    If the client is unavailable or out of state, counsel may use the alternative procedure by mailing the motion copy to the client by certified mail, return-receipt requested.

Pre-Motion Conferences

All 6
  • Before filing a motion, moving counsel must confer or certify a reasonable effort to confer, except for the listed motion types.

  • The Court will not consider a motion to compel or for sanctions unless the movant certifies a conference or reasonable effort to confer and that the attempt failed.

  • A motion is considered without a hearing on its stated submission date unless both an oral-argument request and a response are filed.

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