Smith County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Trial exhibit list

The offering party must provide the court reporter a list of trial exhibits before jury selection.

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.

CRITICALCivil cases

Applies to

Order decision judgment or settlement document

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.

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.

CRITICALCivil cases

Applies to

Unopposed motion

Must include

proposed order

Unopposed motions must include agreed proposed orders signed by the parties or their attorneys, and both the motions and orders must be captioned “Agreed.”

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."

CRITICALCivil cases

Applies to

Exhibit admissibility objection

Written notice to the Court of admissibility objections must be accompanied by supporting legal authorities and copies of the disputed exhibits.

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.

CRITICALCivil cases

Applies to

Second or subsequent motion for continuance

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.

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).

CRITICALCivil cases

Applies to

Motion for continuance

If the Court sets a case during counsel’s designated vacation period, counsel must timely file a written Motion for Continuance to alert the Court to the vacation designation.

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.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

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

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.

CRITICALCivil cases

Applies to

Contested motion

Each contested motion must include a separate proposed order and a brief stating the movant’s factual and legal contentions, unless a brief or proposed order is not required.

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.

CRITICALCivil cases

Applies to

Order submission

If opposing counsel objects to an order's form or substance, moving counsel must amend and resubmit it or forward it to the Court with a hearing request.

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

Applies to

Pretrial order

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.

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.

CRITICALCivil cases

Applies to

Exhibit list

Counsel must file a list of potential exhibits, provide it to opposing counsel, and make the exhibits available for examination by the earlier of the Pre-Trial Conference or seven days before trial, except for rebuttal exhibits that cannot be anticipated.

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.

CRITICALCivil cases

Applies to

Separate pretrial order

If either party's attorney does not participate in preparing the joint pretrial order, the opposing attorney must file a separate pretrial order explaining why no joint order was submitted.

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.

CRITICALCivil cases

Applies to

Proposed order submission

When presenting an unopposed proposed order after no response, originating counsel must provide evidence that opposing counsel received it.

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.

CRITICALCivil cases

Applies to

Response

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

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

CRITICALCivil cases

Applies to

Civil case joint questionnaire

The Plaintiff must complete and file the Civil Case Joint Questionnaire provided by the Smith County District or County Clerk after conferring with all counsel and pro se parties.

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.

WARNINGCivil cases

Applies to

Agreed motion

Must include

proposed 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.

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.

WARNINGCivil cases

Applies to

Complexity certification

The plaintiff or defendant may submit a written complexity certification with the plaintiff's pleading or the defendant's answer to request a 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.

WARNINGCivil cases

Applies to

Response

A request for oral argument alone does not constitute a response under Rule 2.6.

A request for an oral argument alone is not a response under Rule 2.6.

WARNINGCivil cases

Applies to

Signed order document

Once attorneys for all parties have signed the document, it should be forwarded to the court coordinator for signature by the trial judge.

Once attorneys for all parties have signed the document, it should be forwarded to the court coordinator for signature by the trial judge.

WARNINGCivil cases

Applies to

Motion or response

A party who desires oral argument must request it in the motion or response.

The motion or response shall include a request for oral argument, if desired, in the requesting party's motion or response.

INFOCivil cases

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.

Counsel are encouraged to include citations and copies of any cases believed to be controlling as part of the motion or response.