Smith County Courts at Law Filing Timing and Cure Windows

WARNINGCivil cases

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.

CRITICALCivil cases

Deadline

2 working days

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

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

WARNINGCivil cases

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.