Judge John P. Chupp
Individual Rules, Standing Orders & Policies
Document Filing Requirements4 rules
Every ex parte application for relief must include a certificate signed by counsel stating one of three alternative facts about representation, notice, or unsuccessful diligent notice efforts.
(c) Ex Parte Applications. Every application for relief ex parte shall contain a certificate signed by counsel that: (1) To the best of his or her knowledge that party against whom relief is sought ex parte is not represented by counsel in the matter made the basis of the relief sought; or, (2) Counsel for the party against whom relief is sought ex parte has been notified of the application and has stated whether he or she wishes to be heard; or, (3) Diligent attempts to notify counsel for the party against whom ex parte relief is sought have been unsuccessful, and the circumstances do not permit additional efforts to give notice.
Document Type
Ex Parte Application
A proposed order authorizing private service under Rule 103 will not be signed without a counsel-signed certificate identifying the proposed server and affirming that the person is at least 18, is not a party, and has no interest in the outcome.
(b) Any proposed order authorizing private service under Rule 103 will not be signed by the judge unless accompanied by a certificate signed by counsel requesting such an appointment. Such certificate shall set out the name and address of the person to be so authorized and affirm that such perspn is not less than eighteen (18) years of age, is not a party, 13 ===== PAGE 6 ===== and has no interest in the outcome of the suit in which the authorization is sought.
Document Type
Proposed Order
A motion seeking affirmative relief must include a proposed order granting or denying it, or the order must be brought to the hearing.
All filed motions seeking affirmative relief from the court will either be accompanied by an Order in such form as to grant or deny the motion, or said Order will be brought to the hearing on the motion.
Document Type
Motion
When discovery materials listed in Rule 1.07(b) are retained or sent to another party, a signed Certificate of Written Discovery must be filed identifying the document, recipients, and service date.
(3) Sign and file A Certificate entitled "Certificate of Written Discovery" with the Clerk whenever discovery materials listed in Rule 1.07 (b) are retained and/or sent to another party. The certificate may list more than one document. The certificate shall identify: 1. the document containing the discovery material, 2. counsel or parties to whom the document is sent, and 3. the date the discovery response or related matter is served on other counsel or parties.
Document Type
Discovery Material
Filing & Service rules
Service and Proof of Service Rules
Videotaped depositions and other films taken within 45 days of trial must be made available to opposing counsel, with the required designations, sufficiently in advance to permit an objection hearing before trial.
All videotaped depositions and other films taken within forty-five (45) days of trial must be made available , and the aforementioned designations made, as soon as possible to opposing counsel and sufficiently in advance of trial so that a hearing on any objections can be held before commencement of trial.
Page 2 | Rule 3.03: Trial Procedure
Opposing counsel must serve the proffering attorney with page-and-line designations for intended videotaped-deposition portions no later than 10 days before trial.
Opposing counsel shall then serve the proffering attorney with page and line designations of any portion of the videotape deposition they intend to introduce at trial not later than ten (10) days prior to trial.
Page 2 | Rule 3.03: Trial Procedure
The proffering attorney must serve opposing counsel with page-and-line designations for any further videotaped-deposition portions no later than 7 days before trial.
The proffering attorney shall then serve opposing counsel with page and line designations of any portion of the videotape deposition they further intend to introduce at trial not later than seven (7) days prior to trial.
Page 2 | Rule 3.03: Trial Procedure
Unless otherwise agreed or ordered, counsel offering videotaped depositions, films, or videotapes taken at least 45 days before trial must make them available to opposing counsel and serve page-and-line designations at least 14 days before trial.
Unless otherwise expressly agreed to by the parties or ordered by the Court, counsel intending to offer videotaped depositions, or other films or videotapes at trial, except those offered solely for impeachment, must make such videotapes and films available to opposing counsel, and serve opposing counsel with page and line designations for videotaped depositions, not later than fourteen (14) days prior to trial for all depositions or other films taken forty-five (45) days or more in advance of trial.
Page 2 | Rule 3.03: Trial Procedure
Discovery responses and related material must be served on all other lead counsel or parties and filed with the Clerk; items marked optional must be served but may be filed.
The following discovery responses and related material SHALL be served upon all other lead counsel or parties and filed with the Clerk in accordance with the Texas Rules of Civil Procedure and the Texas Civil Practice and Remedies Code; those denoted [OPTIONAL] SHALL be served, and MAY be filed, accordingly:
Page 4 | Rule 1.07: Filing Responses to Discovery
Discovery documents and related materials must be served on all other lead counsel or parties and generally must not be filed with the clerk except upon a special order.
(b) The following discov.ery documents and related materials SHALL be served upon all other lead counsel or parties in accordance with the Texas Rules of Civil Procedure and the Texas Civil Practice and Remedies Code,but SHALL NOT BE FILED with the clerk except on Special Order.
Page 6 | Rule 1.07: Filing Responses to Discovery
A party responding to discovery requests or initiating discovery against a non-party must serve the listed discovery material on all other lead counsel or parties and must not file it with the clerk except on Special Order.
(1) Serve upon all other lead counsel or parties, discovery material listed in Rule 1.07 (b) as required therein; but the same shall NOT be filed with the Clerk except on Special Order.
Page 6 | Rule 1.07: Filing Responses to Discovery
Pre-Motion Conference Requirements
A motion, objection, or special exception may not be set for hearing unless the moving party includes a substantially specified certification concerning a conference or inability to confer.
(b) No motions, objections or special exceptions will be set for hearing unless the moving party shall have certified in such motion or in a letter substantially the following: "A conference was held on (date) with (name of attorney for opposing party) on the merits of this motion. A reasonable effort has been made to resolve the dispute without the necessity of court intervention and the effort failed. Therefore it is presented to the Court for determination." or "A conference was not held with (name of opposing attorney) on the merits of this motion because (explanation of inability to confer)."
Page 3 | Rule 3.06: Motion Practice
The conference-certification requirement does not apply to dispositive motions, including motions for summary judgment or dismissal, special exceptions seeking dismissal of a cause of action, and motions for a new trial.
(f) Section (b) of this Rule does not pertain to dispositive motions, e.g., Motions for Summary Judgment, Motions to Dismiss and Special Exceptions seeking to dismiss a cause of action, or a Motion for New Trial.
Page 3 | Rule 3.06: Motion Practice
Parties must use all reasonable means to resolve pretrial disputes before seeking judicial intervention.
(a) Parties are directed to use all reasonable means to resolve pre-trial disputes to avoid the necessity of judicial intervention.
Page 3 | Rule 3.06: Motion Practice
Adjournment & Extension Requirements
A continuance motion generally must be filed by the Wednesday preceding trial and heard at 2:00 p.m. the following Thursday, while motions based on facts arising on or after that Wednesday must be filed as soon as possible and heard at a court-set time.
A trial date cannot be postponed or changed without the consent of the Court. Except as hereinafter provided and unless otherwise set by the Court, any motion for continuance will be filed no later than the Wednesday preceding the trial date and will be heard by the Court in the courtroom at 2:00 p.m. on the Thursday preceding the trial date. Any motion for continuance based upon facts which occur on or after the Wednesday preceding the trial date will be filed as soon as possible and will be heard at a time to be set by the Court.
Page 1 | Rule 3.02: Motion for Continuance
Chambers Communication Rules
Counsel must immediately telephone the Court Coordinator after filing for bankruptcy protection and provide written notice to affected courts and counsel within three days, including specified bankruptcy information.
Whenever any party of litigation in these courts files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party's counsel in these courts: (i) to promptly notify the affected court(s) by immediately telephoning the Court Coordinator; and (ii) within three (3) days of any bankruptcy filing, to provide written notice to the affected court(s) and all counsel that a bankruptcy has occurred giving the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing and the name and address of counsel for the bankrupt.
Page 3 | Rule 1.05: Bankruptcy
After bankruptcy proceedings conclude for any reason, counsel must promptly notify the Court Coordinator so affected cases can be restored to the active docket or dismissed.
Once a bankruptcy has been ·concluded, whether by discharge, denial of discharge, dismissal or otherwise, counsel shall promptly notify the Court Coordinator so that the affected cases may be restored to the active docket or be dismissed as may be appropriate.
Page 4 | Rule 1.05: Bankruptcy