Judge John (Trey) A. Didway
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- An agreed continuance may be granted without a written motion with leave of Court; otherwise, a continuance requires good cause, a written motion supported by affidavit, and a timely hearing.
- An attorney seeking a continuance because of a conflicting trial setting must provide a motion with specified case and setting information, attach the conflicting setting notice, and immediately notify the Judge and opposing counsel if the conflicting case is passed, continued, or disposed of during the stated period.
Request must include
Communication
Phone
Document Format Requirements1 rule
Anticipated jury questions, definitions, and instructions must be submitted in electronic medium.
Court's wording
In all civil jury cases, anticipated jury questions, definitions and instructions shall be submitted to the Court in electronic medium no less than three (3) working days prior to commencement of voir dire examination.
Document Filing Requirements8 rules
A motion must include a certificate of conference stating that a conference occurred and its result.
- Document
- Motion
Include
- •Certificate of conference
Court's wording
No motion may be filed without first conferring with opposing counsel and attempting to resolve the matter and including a certificate of conference on the motion, which indicates the fact of the conference and the result thereof.
All motions for continuance shall contain a certificate of conference that the request has been discussed with all opposing parties or counsel and that such motion is agreed or opposed.
- Document
- Motion for continuance
Must include
- •Certificate of conference
A request for an earlier jury-trial setting must include the stated certifications about discovery, payment of the jury fee, and filing of a jury demand.
Court's wording
Requests for settings for jury trials at an earlier date shall include a certification that all discovery is complete, or will be complete at least twenty (20) days prior to the first docket date, that the jury fee has been paid, and that a demand for jury has been filed.
In covered parent-child suits, parties must file their children's interest seminar completion certificate with the Clerk.
Court's wording
In any suit involving the parent-child relationship, except uncontested adoptions and terminations, all parties shall successfully complete a children's interest seminar and file their certificate of completion with the Clerk.
Immediately upon employment, the defense attorney shall file written notice thereof with the District Clerk and provide a copy of same to the attorney for the State and to the Court Coordinator.
Rule 6.02 Substitutions. Any attorney substituting for another attorney of record shall file with the Clerk a written notice of substitution signed by the client together with a proposed order permitting the substitution.
- Document
- Notice of substitution
Must include
- •Proposed order
Such notice shall be included within the motion or a copy of the letter attached to the motion.
Exhibits must be prenumbered and attached separately, with the case style and cause number in the subject line, and all exhibits must be sent in one email.
Court's wording
It is FURTHER ORDERED that each party submit to the court it's Exhibits by email to jadidway@terrycounty.org; in the subject line include the style of the case and cause number; pre-number each exhibit and attach separately to the email; and, all exhibits shall be in one email.
Filing & Service rules
Electronic Filing Rules
A defendant seeking redactions to a relevant electronic recording must notify the State in writing and electronically file the requested redactions and legal objection at least seven days before trial.
IT IS ORDERED that the Defendant shall notify the State in writing and file by electronic filing any desired redactions, and the legal objection thereto, of any relevant electronic recording (video and/or visual), not less than 7 days prior to the date of trial.
Criminal cases
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Discovery documents must not be filed with the Clerk unless another rule or a court order requires filing.
Discovery documents shall not be filed with the Clerk unless filing is required by other rule or court order.
Page 7 | Rule 2.07 Discovery Documents
It is FURTHER ORDERED that each party submit to the court it's Exhibits by email to jadidway@terrycounty.org; in the subject line include the style of the case and cause number; pre-number each exhibit and attach separately to the email; and, all exhibits shall be in one email. If an exhibit cannot be submitted by email, it is to be delivered to the Court prior to the hearing in person or by Dropbox.
It is FURTHER ORDERED that each party submit to the court it's Exhibits by email to jadidway@terrycounty.org; in the subject line include the style of the case and cause number; pre-number each exhibit and attach separately to the email; and, all exhibits shall be in one email. If an exhibit cannot be submitted by email, it is to be delivered to the Court prior to the hearing in person or by Dropbox.
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Filing Timing and Cure Windows
The State may object to a requested redaction by filing a specific statement identifying the disputed portion and legal basis no later than three days before trial.
The State may object to the requested redaction by filing, not later than 3 days prior to the date of trial, a specific statement as to the portion objected to and the legal basis thereof.
Criminal cases
Page 4
A defendant must file any desired redactions and legal objection at least seven days before trial.
IT IS ORDERED that the Defendant shall notify the State in writing and file by electronic filing any desired redactions, and the legal objection thereto, of any relevant electronic recording (video and/or visual), not less than 7 days prior to the date of trial.
Criminal cases
Page 4
In civil jury cases, anticipated jury questions, definitions, and instructions must be submitted electronically at least three working days before voir dire begins.
In all civil jury cases, anticipated jury questions, definitions and instructions shall be submitted to the Court in electronic medium no less than three (3) working days prior to commencement of voir dire examination.
Page 8 | Rule 2.11 Jury Questions and Instructions
All exhibits must be provided by 3:00 p.m. on the day before the hearing.
All exhibit shall be provided by 3:00 p.m. on the day before the hearing.
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Service and Proof of Service Rules
After a hearing on a pre-trial motion is set, the moving party must provide proper notice or citation to all opposing parties entitled to it.
After setting is obtained, it is the responsibility of the moving party to obtain proper notice to or citation on all opposing parties entitled thereto.
Page 7 | Rule 2.06 Hearings on Pre-Trial Pleas and Motions
Defense counsel must provide a copy of the employment notice to the attorney for the State and the Court Coordinator.
Immediately upon employment, the defense attorney shall file written notice thereof with the District Clerk and provide a copy of same to the attorney for the State and to the Court Coordinator.
Page 10 | Rule 4.02 Appearance of Defendant and Counsel
When filing a notice of substitution, the attorney must furnish copies to the Judge, the attorney being replaced, and all other attorneys of record or pro se parties.
At the time of filing, such attorney shall furnish a copy of the notice to the Judge, the attorney for whom substitution is being made, and all other attorneys of record or pro se parties.
Page 12 | Rule 6.02 Substitutions
A copy of the motion must be delivered or mailed to opposing counsel.
A copy of the motion shall also be delivered or mailed to opposing counsel.
Page 13
The client must receive notice at the last known address that the motion will be presented at least ten days after mailing and that any objection must be made in writing before that date.
the client at his/her last known address, with notice advising the client that the motion will be presented to the Court at a date not less than ten (10) days after mailing, and that any objection to such withdrawal should be made to the Court in writing before such date.
Page 13
If withdrawal is permitted, the attorney must notify the party and all other attorneys or self-represented parties by mail and file proof of notice with the Clerk.
If leave is granted, the attorney shall notify the party and all other attorneys or pro se parties of such action by mail and file proof of notice with the Clerk.
Page 13
The District Clerk must refer to and serve this Order with any precept for a Zoom hearing noticed by the Clerk.
It is FURTHER ORDERED that the District Clerk shall refer to this Order in and serve the Order, with any precept for any Zoom hearing noticed by the Clerk.
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Filing Fees and Waivers
Each party must pay the appropriate children's interest seminar fees.
Each party will be responsible for payment of the appropriate fees.
Page 9 | Rule 3.04 Children's Interest Seminars
Pre-Motion Conference Requirements
Before filing any motion, the filer must confer with opposing counsel and attempt to resolve the matter.
No motion may be filed without first conferring with opposing counsel and attempting to resolve the matter and including a certificate of conference on the motion, which indicates the fact of the conference and the result thereof.
Criminal cases
Page 4
Adjournment & Extension Requirements
An agreed continuance may be granted without a written motion with leave of Court; otherwise, a continuance requires good cause, a written motion supported by affidavit, and a timely hearing.
With leave of Court, an agreed continuance may be granted without a written motion. Otherwise, continuances will not be granted except for good cause shown upon written motion supported by affidavit. All motions for continuance shall contain a certificate of conference that the request has been discussed with all opposing parties or counsel and that such motion is agreed or opposed. The party filing the motion shall be responsible for obtaining a hearing on the motion in timely fashion.
Page 5 | Rule 1.04 Continuances
An attorney seeking a continuance because of a conflicting trial setting must provide a motion with specified case and setting information, attach the conflicting setting notice, and immediately notify the Judge and opposing counsel if the conflicting case is passed, continued, or disposed of during the stated period.
a. An attorney seeking to have a case continued on the grounds that the attorney is to go to trial in another court, shall furnish the Court and opposing counsel with a motion for continuance, which shall disclose the name of the court in which such other case is pending, the style of the case, the time for which such case is set, and the date on which the conflicting setting was made. A copy of the setting notice of the conflicting case shall be attached to the motion. In the event the conflicting case is passed, continued or disposed of prior to or during the week in which the case is set for trial under these Rules, the attorney shall immediately notify the Judge and opposing counsel of such fact.
Page 12 | Rule 6.01 Conflicting Settings
Chambers Communication Rules
Each attorney or self-represented party must notify the Court of their email address at least three business days before the hearing.
It is FURTHER ORDERED that, each attorney or pro se party shall notify the Court of their email address, not later than 3 business days prior to the hearing date.
Page 1 | STANDING ORDER FOR ZOOM HEARINGS
When requesting a hearing setting, counsel must tell the Court in writing whether they request a Zoom hearing and why good cause supports it.
UPON REQUEST FOR SETTING, COUNSEL SHALL INFORM THE COURT IN WRITING AS TO WHETHER A ZOOM HEARING IS REQUESTED and the reason, they believe is good cause to have Zoom.
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The Court lists its contact phone number and email address.
The Courts contact phone number is (806) 637-7742, email jadidway@terrycounty.org and its mailing address in 500 West Main Street, Rm 305W, Brownfield, TX 79316.
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