Smith County Courts at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Continuance or postponement motions must be filed in writing at least seven days before the hearing, absent good cause, and a copy must be properly served on opposing counsel or unrepresented opposing parties.
Document Format Requirements3 rules
All pleadings, motions, orders and other papers filed with the Court shall be consecutively numbered at the bottom of the page.
- Pleading
- Motion
- Order
- Other paper
Formatting
- •Pages must be consecutively numbered at the bottom of the page
with a cover letter stating in a separate paragraph in bold face type, The postponement is being sought by (attorney's name) for (the party's name).
The offering party must pre-mark and pre-number his or her own exhibits prior to trial
- Exhibits
Formatting
- •Exhibits must be pre-marked and pre-numbered before trial
Document Filing Requirements22 rules
All unopposed motions must be accompanied by agreed proposed orders, signed by the parties or their attorneys. Motions without opposition and their orders must be captioned "Agreed."
- Document
- Unopposed motion
Must include
- •Proposed order
Motions shall be in writing and shall be accompanied by a proposed order granting the relief sought. The proposed order shall be a separate instrument.
- Document
- Motion
Must include
- •Proposed order
Each contested motion must be accompanied by a separate proposed order and by a brief setting forth the movant's contentions of fact and law, unless a brief or proposed order is not required.
All opposed motions must include either (i) a certificate which states that a conference was held and indicates the date of the conference and the attorneys who conferred, or (ii) a certificate explaining why it was not possible to hold the conference.
- Document
- Opposed motion
Must include
- •Certificate of conference
motions must be filed at least two working days before the date of submission, be in writing and supported by authority, and be accompanied by a separate form order
Each second or subsequent continuance motion must be personally approved and signed by the client, unless the client is unavailable or out of state and counsel uses the specified mailing-and-certification alternative.
Court's wording
All second or subsequent Motions for Continuance must be personally approved and signed by the client for whom a postponement is requested, or if the client is unavailable or out of state, counsel may certify that his client has been mailed a copy of the motion by certified mail, return-receipt requested with a cover letter stating in a separate paragraph in bold face type, The postponement is being sought by (attorney's name) for (the party's name).
The Court orders that the Civil Case Joint Questionnaire, provided by the Smith County District or County Clerk's office, be completed and filed by the Plaintiff after conferring with all counsel and pro se parties.
The offering party must pre-mark and pre-number his or her own exhibits prior to trial and must provide a list of exhibits to be offered at trial to the court reporter before jury selection.
Written notice to the Court of admissibility objections must be accompanied by supporting legal authorities and copies of the disputed exhibits.
Court's wording
Any other objections to admissibility of exhibits must, where possible, be made at least fifteen (15) days before trial or pre-trial conference, whichever is earlier, except on leave of Court for good cause, and the Court notified in writing with copies to all counsel accompanied by supporting legal authorities and copies of the exhibits in dispute.
Each counsel will file a list of all potential exhibits to be offered, provide a copy to opposing counsel, and make all such exhibits available for examination by opposing counsel, and do so before the Pre-Trial Conference or at least seven (7) days before trial, whichever occurs first. The only exceptions to this rule are rebuttal exhibits which cannot be anticipated.
The pretrial order must include the specified claims, motions, facts, issues, witness information, settlement statement, trial-length estimate, and attorney and court signature provisions; witness designations may change only upon good cause established to the Court.
Court's wording
The pretrial order must contain; (1) a summary of the claims and defenses of each party; (2) pending motions needing resolution; (3) a statement of the stipulated facts; (4) a list of the contested issues of fact; (5) a list of those legal propositions not in dispute; (6) a list of contested issues of law; (7) names and addresses of witnesses and each party shall designate whether the witness will testify by deposition or in person; subject to change only upon good cause affirmatively established to the Court; (8) a statement that settlement efforts have been exhausted; (9) an estimate of the length of trial; (10) the signature of each attorney; and (11) a place for the date and signature of the Court.
If an attorney for either party does not participate in the preparation of the joint pretrial order, the opposing attorney shall file a separate pretrial order with an explanation of why the joint order was not submitted.
The written order or other specified document must provide a signature line for opposing counsel to indicate approval as to form or as to form and substance.
Court's wording
Within ten (10) days after rendition of an order, an agreed order, decision, judgment or an announced settlement by counsel, counsel for the moving party shall cause, unless ordered otherwise, all such orders, decisions, or judgments, or documents to be reduced to writing and delivered to opposing counsel with an appropriate signature line to allow opposing counsel to acknowledge "approved as to form" or "approved as to form and substance," as appropriate.
If objections to the form or the substance of the order are made, the moving counsel is required to either amend the order to alleviate the objections and resubmit it to opposing counsel or forward it to the Court with a request for a hearing.
If a response as required herein is not provided within ten (10) days of receipt of the proposed order, originating counsel may present the order and evidence of opposing counsel's receipt to the Court for signature and rendition.
If a case is set by the Court during the designated vacation period, counsel must timely file with the Court a written Motion for Continuance to bring to the Court's attention the filed vacation designation.
A request for an oral argument alone is not a response under Rule 2.6.
The motion or response shall include a request for oral argument, if desired, in the requesting party's motion or response.
The plaintiff or defendant may certify to the Court in writing at the time of the filing of plaintiff's pleading or the defendant's answer that the litigation is complex and should proceed under a 190.4 (Level 3) Discovery Control Order.
If the parties request exclusion from the joint pretrial order and conference requirements, they may do so by an agreed motion accompanied by a proposed order.
- Document
- Agreed motion
May include
- •Proposed order
Court's wording
The parties may file, within twenty (20) days of the date of the scheduling order, an agreed motion and proposed order requesting exclusion of certain cases, i.e. collection suits, worker's compensation, simple car wrecks, slip and fall, etc., from the requirements of a joint pretrial order and pretrial conference and the Court will consider and rule upon such motion.
Once attorneys for all parties have signed the document, it should be forwarded to the court coordinator for signature by the trial judge.
Counsel are encouraged to include citations and copies of any cases believed to be controlling as part of the motion or response.
Filing & Service rules
Filing Timing and Cure Windows
Responses to motions must be filed at least two working days before submission.
motions must be filed at least two working days before the date of submission, be in writing and supported by authority, and be accompanied by a separate form order
Civil cases
Page 4 | RULE 2.6 Responses and Replies
A summary-judgment motion’s submission date must be no sooner than 30 days after filing.
Submission date on motions for summary judgment shall be no sooner than the expiration of thirty (30) days from the date of filing of the motion for summary judgment.
Civil cases
Page 4 | RULE 2.3 Submission
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.
The movant shall select the date of submission which shall be no sooner than the Monday following fifteen (15) days from date of filing, except on leave of Court. The motion will be submitted to the Court for ruling on that date or later.
Civil cases
Page 4 | RULE 2.3 Submission
Any response to a summary-judgment motion must be filed at least seven days before the submission date.
A response, if any, to a motion for summary judgment shall be filed and served seven (7) days before the submission date pursuant Tex. R. Civ. Proc. Rule 166a.
Civil cases
Page 4 | RULE 2.3 Submission
The Civil Case Joint Questionnaire must be filed within 90 days of the case filing date.
The questionnaire must be filed within ninety (90) days of the date of the filing of the case.
Civil cases
Page 5 | 3.1 Civil Case Joint Questionnaire
The exhibit list and exhibits must be provided by the earlier of the Pre-Trial Conference or seven days before trial, except for unanticipated rebuttal exhibits.
Each counsel will file a list of all potential exhibits to be offered, provide a copy to opposing counsel, and make all such exhibits available for examination by opposing counsel, and do so before the Pre-Trial Conference or at least seven (7) days before trial, whichever occurs first. The only exceptions to this rule are rebuttal exhibits which cannot be anticipated.
Civil cases
Page 6 | 3.3 Exhibits
The Plaintiff's attorney must file the joint pretrial order at least 15 days before trial, unless the Scheduling Order specifies otherwise.
A joint pretrial order shall be filed by the Plaintiff's attorney at least fifteen (15) days before the scheduled date of trial unless specified otherwise in the Scheduling Order.
Civil cases
Page 7 | 3.4 Joint Pretrial Order
Objections to proposed video depositions must be made before the pretrial conference, where the Court will rule on them so video presentations can proceed uninterrupted.
Any objections to the proposed video depositions shall be made prior to the pretrial conference and rulings will be made by the Court at the pretrial conference so that the video presentation of a party may be made uninterrupted.
Civil cases
Page 7 | 3.4 Joint Pretrial Order—(3) Video Presentations
Objections to matters in the pretrial order must be filed with the Court before the pretrial conference, where the Court will rule on them.
Objections to any matters set forth in the pretrial order shall be filed with the Court prior to the pretrial conference. All such objections will be ruled upon by the Court at the pretrial conference.
Civil cases
Page 7 | 3.4 Joint Pretrial Order—Objections
If opposing counsel does not respond within 10 days after receiving the proposed order, originating counsel may present the order and proof of receipt to the Court for signature and rendition.
If a response as required herein is not provided within ten (10) days of receipt of the proposed order, originating counsel may present the order and evidence of opposing counsel's receipt to the Court for signature and rendition.
Civil cases
Page 8 | RULE 5. SUBMISSION OF ORDERS, DECREES AND JUDGMENTS
Unless otherwise ordered, moving counsel must reduce the specified rulings or settlements to writing and deliver them to opposing counsel within 10 days after rendition, with an appropriate approval signature line.
Within ten (10) days after rendition of an order, an agreed order, decision, judgment or an announced settlement by counsel, counsel for the moving party shall cause, unless ordered otherwise, all such orders, decisions, or judgments, or documents to be reduced to writing and delivered to opposing counsel with an appropriate signature line to allow opposing counsel to acknowledge "approved as to form" or "approved as to form and substance," as appropriate.
Civil cases
Page 8 | RULE 5. SUBMISSION OF ORDERS, DECREES AND JUDGMENTS
Opposing counsel must return the proposed order or other document to originating counsel within 10 days, either signed or with written objections.
Opposing counsel must then return such order, decision, judgment, or document to the originating counsel within ten (10) days either with signature subscribed thereon or with objections in writing.
Civil cases
Page 8 | RULE 5. SUBMISSION OF ORDERS, DECREES AND JUDGMENTS
An attorney may designate up to four weeks of vacation per year; a separate written designation for each cause must be filed with the Court Coordinator at least 45 days beforehand, except when the case was set for trial before the designation, and the rule applies to affected lead counsel unless the Court expands it.
An attorney may designate not more than four (4) weeks during the year as vacation, during which time he will not be assigned to trial or required to engage in any pretrial proceedings. A separate written designation in each cause must be filed with the Court Coordinator at least 45 days in advance of the vacation period unless the case has been set for trial prior to counsel's vacation designation. This rule operates only where lead counsel, as defined by T.R.C.P. 8 is affected, unless the Court expands coverage to other counsel.
Civil cases
Page 9 | RULE 8. VACATIONS OF COUNSEL.
The plaintiff or defendant may certify to the Court in writing at the time of the filing of plaintiff's pleading or the defendant's answer that the litigation is complex and should proceed under a 190.4 (Level 3) Discovery Control Order.
The plaintiff or defendant may certify to the Court in writing at the time of the filing of plaintiff's pleading or the defendant's answer that the litigation is complex and should proceed under a 190.4 (Level 3) Discovery Control Order.
Civil cases
Page 6 | 3.2 Discovery Control Plan and Scheduling Order
The parties may file an agreed motion and proposed order within 20 days of the Scheduling Order to request exclusion of certain cases from joint-pretrial-order and pretrial-conference requirements.
The parties may file, within twenty (20) days of the date of the scheduling order, an agreed motion and proposed order requesting exclusion of certain cases, i.e. collection suits, worker's compensation, simple car wrecks, slip and fall, etc., from the requirements of a joint pretrial order and pretrial conference and the Court will consider and rule upon such motion.
Civil cases
Page 7 | 3.5 Exclusion
Service and Proof of Service Rules
Any response to a summary-judgment motion must be served seven days before the submission date.
A response, if any, to a motion for summary judgment shall be filed and served seven (7) days before the submission date pursuant Tex. R. Civ. Proc. Rule 166a.
Civil cases
Page 4 | RULE 2.3 Submission
A copy of each continuance or postponement motion must be properly served on opposing counsel or unrepresented opposing parties.
All Motions for Continuance or Postponement must be filed in writing with the Court at least seven (7) days prior to the hearing in the cause, except for good cause shown, and a copy properly served upon opposing counsel or unrepresented opposing parties.
Civil cases
Page 5 | 2.8 Motions for Continuance or Postponement
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.
All second or subsequent Motions for Continuance must be personally approved and signed by the client for whom a postponement is requested, or if the client is unavailable or out of state, counsel may certify that his client has been mailed a copy of the motion by certified mail, return-receipt requested with a cover letter stating in a separate paragraph in bold face type, The postponement is being sought by (attorney's name) for (the party's name).
Civil cases
Page 5 | 2.8 Motions for Continuance or Postponement
Counsel must provide opposing counsel a copy of the exhibit list and make the listed exhibits available for examination by the earlier of the Pre-Trial Conference or seven days before trial; unanticipated rebuttal exhibits are excepted.
Each counsel will file a list of all potential exhibits to be offered, provide a copy to opposing counsel, and make all such exhibits available for examination by opposing counsel, and do so before the Pre-Trial Conference or at least seven (7) days before trial, whichever occurs first. The only exceptions to this rule are rebuttal exhibits which cannot be anticipated.
Civil cases
Page 6 | 3.3 Exhibits
Counsel requiring authentication of exhibits not covered by Section 193.7 must notify offering counsel in writing at least 15 days before trial or the pre-trial conference, whichever is earlier, unless the Court grants leave for good cause.
Any counsel requiring authentication of any other exhibits not covered by Section 193.7, must so notify in writing the offering counsel at least fifteen (15) days before trial or pre-trial conference, whichever is earlier, except on leave of Court for good cause.
Civil cases
Page 6 | 3.3 Exhibits
Where possible, admissibility objections must be made at least 15 days before trial or the pre-trial conference, whichever is earlier; the Court must be notified in writing, with copies to all counsel and supporting authorities and disputed exhibits, unless the Court grants leave for good cause.
Any other objections to admissibility of exhibits must, where possible, be made at least fifteen (15) days before trial or pre-trial conference, whichever is earlier, except on leave of Court for good cause, and the Court notified in writing with copies to all counsel accompanied by supporting legal authorities and copies of the exhibits in dispute.
Civil cases
Page 6 | 3.3 Exhibits
Opposing counsel must present objections to the Court and the offering attorney before the joint pretrial conference.
Objections by opposing counsel must be presented to the Court and the offering attorney prior to the joint pretrial conference.
Civil cases
Page 7 | 3.4 Joint Pretrial Order—(3) Video Presentations
Edited video depositions must be presented to opposing counsel for examination of editing, relocation, or out-of-context presentation.
Any edited video depositions shall be presented for exhibition to opposing counsel to examine any piecemeal editing, relocation of testimony, exhibition out of context, etc.
Civil cases
Page 7 | 3.4 Joint Pretrial Order—(3) Video Presentations
Attorneys proposing video presentations must provide opposing counsel the page and line numbers at the time assigned for entry of the joint pretrial order.
Attorneys proposing to use video presentations must present the page and line numbers to opposing counsel at the time assigned for the entry of the joint pretrial order.
Civil cases
Page 7 | 3.4 Joint Pretrial Order—(3) Video Presentations
Moving counsel must deliver the written order or other specified document to opposing counsel with an appropriate signature line for approval.
Within ten (10) days after rendition of an order, an agreed order, decision, judgment or an announced settlement by counsel, counsel for the moving party shall cause, unless ordered otherwise, all such orders, decisions, or judgments, or documents to be reduced to writing and delivered to opposing counsel with an appropriate signature line to allow opposing counsel to acknowledge "approved as to form" or "approved as to form and substance," as appropriate.
Civil cases
Page 8 | RULE 5. SUBMISSION OF ORDERS, DECREES AND JUDGMENTS
Pre-Motion Conference Requirements
Before filing a motion, moving counsel must confer or certify a reasonable effort to confer, except for the listed motion types.
Before filing a motion, counsel for a moving party must confer or certify that a reasonable effort has been made to confer with the counsel, ifknown, of all parties affected by the requested reliefto determine whether or not the contemplated motion will be opposed. Such a conference is required for all motions except motions to dismiss the entire action, motions to quash, motions for protection, temporary restraining orders, motions for judgment on the pleadings, motions for summary judgment, and motions for new trial.
Civil cases
Page 3 | RULE 2.1 Certification of Conference
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.
If a motion to compel or for sanctions is sought, the Court will not consider the motion unless the movant certifies that the movant has conferred with or made a reasonable effort to confer with opposing counsel in an effort to resolve the dispute without the necessity of Court intervention and that the attempt has failed.
Civil cases
Page 4 | RULE 2.1 Certification of Conference
The clerk must not submit an opposed motion to the judge unless the rule’s requirements have been met.
The clerk of the court is directed not to submit opposed motions to the judge unless there has been compliance with this rule.
Civil cases
Page 4 | RULE 2.4 Opposed Motions
A motion is considered without a hearing on its stated submission date unless both an oral-argument request and a response are filed.
Motions shall state a date of submission at which time the Motion will be considered without a hearing, unless both a request for oral argument and a response are filed.
Civil cases
Page 4 | RULE 2.3 Submission
Failure to respond to a motion is deemed a representation of no opposition unless objections are already on file.
representation of no opposition unless objections are already on file. Responses to Failure to respond to a motion is deemed to be a
Civil cases
Page 4 | RULE 2.6 Responses and Replies
The Court will hear oral argument on a summary-judgment motion only if it is properly requested under Local Rule 2.7 and the Court finds it will substantially aid the ruling.
However, the Court will not actually hear oral argument on a motion for summary judgment unless (i) properly requested pursuant to Local Rule 2.7., and (ii) the Court determines that oral argument will substantially aid the Court in ruling on the motion for summary judgment.
Civil cases
Page 4 | RULE 2.3 Submission
Adjournment & Extension Requirements
A request to continue, pass, postpone, or reset a hearing requires either consent from counsel for all parties or notice and an opportunity to object for nonjoining parties, and the Court may deny even an unopposed request.
No request to continue, pass, postpone or reset any trial, pretrial or other hearing shall be granted unless counsel for all parties involved consent, or unless all parties not joining in such request or their counsel have been notified and have had opportunity to object. It is discretionary with the Court as to whether or not to grant any requested continuance or postponement even if such request is unopposed.
Civil cases
Page 5 | 2.8 Motions for Continuance or Postponement
Continuance or postponement motions must be filed in writing at least seven days before the hearing, absent good cause, and a copy must be properly served on opposing counsel or unrepresented opposing parties.
All Motions for Continuance or Postponement must be filed in writing with the Court at least seven (7) days prior to the hearing in the cause, except for good cause shown, and a copy properly served upon opposing counsel or unrepresented opposing parties.
Civil cases
Page 5 | 2.8 Motions for Continuance or Postponement
The discovery deadline may be extended by an agreed motion signed by all parties only if the proposed extension does not adversely affect other scheduling-order dates or deadlines.
The date for the discovery deadline may be extended by Agreed Motion signed by all parties, so long as the proposed extension does not adversely affect the other dates or deadlines on the Scheduling Order.
Civil cases
Page 6 | 3.2 Discovery Control Plan and Scheduling Order
The Court may consider an extension request under this rule only upon a showing of good cause.
The Court may consider any requests for extensions of time under this rule for good cause shown only.
Civil cases
Page 9
Chambers Communication Rules
Attorneys must appear in person unless all parties agree on every matter to be considered and all affected attorneys sign a letter or fax documenting the agreement and send it to the Court through its court coordinator.
Attorneys must make court appearances in person unless all matters to be considered in the hearing have been agreed by all parties and such agreement is reflected in a letter or fax, signed by all affected attorneys, to the Court through its court coordinator.
Civil cases
Page 9 | RULE 9. APPEARANCES.
If a fax is sent to manifest such agreement, the court coordinator should be notified by telephone when the fax is actually transmitted.
If a fax is sent to manifest such agreement, the court coordinator should be notified by telephone when the fax is actually transmitted.
Civil cases
Page 9 | RULE 9. APPEARANCES.
Counsel must immediately notify the Court of a settlement that makes a Court setting unnecessary.
Counsel is to notify the Court immediately of settlements that obviate Court settings as unnecessarily summoned jury panels are disruptive to the Court and jurors.
Civil cases
Page 9 | RULE 7. SETTLEMENT.
Counsel may request to appear by telephone conference call, but whether to allow it is within the discretion of the individual Court.
The Court may allow, upon request, counsel to appear by telephone conference call. This, however, is discretionary with each individual Court.
Civil cases
Page 10