Court Rules

Travis County District Courts Document Filing Requirements

369 rules from official source documents

Rules 301 to 350, page 7 of 8

Required elements, certificates, and structural requirements for court documents.

WARNING

Applies to
Proposed order

Proposed orders must not be filed.

Proposed orders must not be filed, as provided in Local Rule 11.1.

Court-level rulesOfficial source

WARNING

Applies to
Motion to withdraw and substitute

In a withdrawal-and-substitution motion, the substituting attorney's appearance satisfies the client-consent and client-address requirements but does not satisfy the requirement of written consent signed by all other parties.

If a motion to withdraw and to substitute another attorney includes an appearance by another attorney pursuant to the Texas Rules of Civil Procedure, that appearance will satisfy the requirements of subparagraphs (b) and (c) above but will not satisfy the requirement of subparagraph (a).

Court-level rulesOfficial source

WARNING

Applies to
Brief

An issue not briefed for the merits hearing is waived, but an issue not argued at the hearing is not waived.

(e) Failure to brief an issue for the merits hearing waives the issue, but failure to argue an issue at the merits hearing does not waive the issue.

Court-level rulesOfficial source

WARNING

Applies to
Pretrial form

The listed agencies are not required to file pre-trial forms for cases set on the Family Law Docket.

Pre-trial forms are not required to be filed by the Travis County Domestic Relations Office, CPS, the Texas Attorney General's Office or the County Attorney Protective Order Division for cases set on the Family Law Docket.

Court-level rulesOfficial source

WARNING

Applies to
Motion in limine

Motions in limine must not repeat standing-order subject matter except to seek modification, and any such motion will be heard by the trial judge.

Standing orders, posted online, govern the pre-trial schedule for jury trials and motions in limine. Any motion in limine requesting additional limine or a modification of the standing order will be heard by the trial judge. Counsel must not repeat or otherwise address the subject matter contained in the standing order except to seek a modification of the standing order.

Court-level rulesOfficial source

WARNING

Parties may not waive or modify these rules by agreement.

The parties may not by agreement waive or modify the provisions or requirements of these rules.

Court-level rulesOfficial source

WARNING

Applies to
Objection

An objection to recording, broadcasting, or photographing must identify the specific, demonstrable injury alleged.

Objections to the recording, broadcasting, or photographing must not be conclusory but must state the specific and demonstrable injury alleged to result from the recording, broadcasting, or photographing.

Court-level rulesOfficial source

WARNING

Applies to
Submission

Only uncontested matters not requiring oral testimony, friendly suits, and agreed divorces with filed sworn testimony are eligible for submission.

Uncontested matters that do not require oral testimony are eligible for submission, as are friendly suits and agreed divorces accompanied by sworn written testimony that has been filed with the District Clerk.

Court-level rulesOfficial source

WARNING

Applies to
Motion to withdraw and substitute

A substitute attorney's appearance satisfies the client-consent and client-address-certificate requirements for withdrawal but does not satisfy the requirement of written consent from all other parties.

If a motion to withdraw and to substitute another attorney includes an appearance by another attorney pursuant to the Texas Rules of Civil Procedure, that appearance will satisfy the requirements of subparagraphs (b) and (c) above but will not satisfy the requirement of subparagraph (a).

Court-level rulesOfficial source

WARNING

Applies to
Motion to withdraw and substitute

An appearing substitute attorney satisfies the client-consent and client-address-certificate conditions, but not the consent of all other parties.

If a motion to withdraw and to substitute another attorney includes an appearance by another attorney pursuant to the Texas Rules of Civil Procedure, that appearance will satisfy the requirements of subparagraphs (b) and (c) above but will not satisfy the requirement of subparagraph (a).

Court-level rulesOfficial source

WARNING

Applies to
Judgment decree or order

The word 'entered' must not be used to show the date a judgment, decree, or order is signed.

The word "entered" must not be used to show the date on which a judgment, decree, or order is signed.

Court-level rulesOfficial source

WARNING

Applies to
Notice to local administrative judge
Must include
case number

The Chapter 10 notice must list all parties, their attorneys and contact information, and details of related agency-docket cases including style, cause number, and assignment status.

The notification must contain: (i) A list of all parties to the case; (ii) Their attorneys of record; (iii) The attorneys' addresses, telephone numbers, and electronic mail addresses, if applicable; and (iv) For any case arising from the same or related agency docket or challenging the same rules or rulemaking procedure: 1. the style and cause number, 2. whether it has been assigned, and 3. if so, to whom.

Court-level rulesOfficial source

WARNING

Applies to
Proposed order

Agreed proposed orders must contain 'Agreed' in the title and be signed 'Agreed as to Form and Substance' by all counsel and self-represented parties.

If agreed, the proposed order shall contain “Agreed” in the title and be signed “Agreed as to Form and Substance” by all counsel and self-represented parties.

Court-level rulesOfficial source

WARNING

Applies to
Discovery responses

The financial-records requirements do not replace any obligation to respond to discovery requests.

This Rule does not supersede any requirement to respond to discovery requests.

Court-level rulesOfficial source

WARNING

Applies to
Tro request

In family law cases, a request for a TRO to be served with citation may be presented ex parte at the uncontested docket if supported by an affidavit and the relief would not affect possession of or access to a child.

Notwithstanding Chapter 7, in a family law case, a request for a TRO to be served with citation may be presented ex parte at the uncontested docket if supported by an affidavit and if the relief would not affect the possession of or access to a child.

Court-level rulesOfficial source

WARNING

Applies to
Setting request

For jury trials, the announced time estimate must account for pretrial, voir dire, evidence, the charge conference, closing argument, and deliberation.

For jury trials, the total announced time must include time for pretrial, voir dire, evidence, charge conference, closing argument, and deliberation.

Court-level rulesOfficial source

WARNING

Applies to
Pre adoptive home screening and post placement adoptive report

In all other termination or adoption suits, the Family Court Services Manager must prepare the pre-adoptive home screening and post-placement adoptive report, and the Domestic Relations Office may designate private providers to do so.

In every other suit seeking termination of the parent-child Relationship or adoption of a child, the Family Court Services Manager must prepare the pre- adoptive home screening and post-placement adoptive report. The Domestic Relations Office may designate private providers to prepare the pre-adoptive home screening and post-placement adoptive report.

Court-level rulesOfficial source

WARNING

The presenting party must inform the court if a matter is expected to take more than five minutes, and the court may require a scheduled hearing.

If any matter presented to the Duty Judge is anticipated to take more than five minutes, the presenting party must so inform the court, and the court may require a hearing to be scheduled on the matter.

Court-level rulesOfficial source

WARNING

Applies to
Judgment decree or order

Do not use the word “entered” to indicate the date a judgment, decree, or order is signed.

The word "entered" must not be used to show the date on which a judgment, decree, or order is signed.

Court-level rulesOfficial source

WARNINGCriminal cases

Applies to
Objection

Objections to media coverage should identify the specific, demonstrable injury alleged rather than state only a conclusion.

Objections to media coverage should not be conclusory but should state the specific and demonstrable injury alleged to result from media coverage.

Court-level rulesOfficial source

WARNING

Applies to
Objection to recording broadcast or photograph

Objections to recording, broadcasting, or photographing must state the specific and demonstrable injury alleged to result from the coverage and may not be conclusory.

Objections to the recording, broadcasting, or photographing must not be conclusory but must state the specific and demonstrable injury alleged to result from the recording, broadcasting, or photographing.

Court-level rulesOfficial source

WARNING

Applies to
Draft order

Approved draft orders must be presented to the judge who decided the matter unless otherwise instructed.

Draft orders approved as to form must be presented to the judge who decided the matter unless instructed to present it to any judge.

Court-level rulesOfficial source

WARNING

Applies to
Motion to withdraw

A substituting attorney's appearance satisfies the client-consent and address-certificate requirements, but not the consent of all other parties.

If a motion to withdraw and to substitute another attorney includes an appearance by another attorney pursuant to the·Texas Rules of Civil Procedure, that appearance will satisfy the requirements of subparagraphs (b) and (c) above but will not satisfy the requirement of subparagraph (a).

Court-level rulesOfficial source

WARNING

Applies to
Motion for out of rotation assignment

If all parties do not agree to an out-of-rotation assignment request, a written motion must set forth reasons why assigning a particular judge serves judicial economy.

(3) if all parties do not agree to such a request, upon a written motion that sets forth reasons why in the interest of judicial economy a particular judge should be assigned.

Court-level rulesOfficial source

WARNINGCivil cases

Applies to
Motion for summary judgment
Must include
proposed order

A draft proposed order should be included with MSJ motions and responses in opposition.

A draft proposed order should be included with motions for summary judgment and responses in opposition.

Judge Cory Liu

WARNINGCivil cases

Applies to
Motion
Must include
proposed order

A draft proposed order should be included with summary judgment motions and opposing responses.

A draft proposed order should be included with motions for summary judgment and responses in opposition.

Judge Cory Liu

WARNINGCivil cases

Applies to
Proposed order
Must include
proposed order

If the Court announces its ruling and an appropriate order has not been prepared in advance, the prevailing party’s counsel should promptly circulate a proposed order for approval as to form by opposing counsel and promptly forward it to the Staff Attorney approved as to form.

If the Court announces its ruling and an appropriate order has not been prepared in advance, the prevailing party’s counsel should promptly circulate a proposed order for approval as to form by opposing counsel and promptly forward it to the Staff Attorney approved as to form.

Judge Jan Soifer

WARNINGCivil cases

Applies to
Proposed order

If counsel cannot agree on an order’s form within a week, email the Staff Attorney a redlined order with comments explaining the disagreement within a week, unless the Court sets another deadline.

If counsel cannot agree on the form of the order within a week, a redlined version of the order, with comments about the basis of the disagreement, should be forwarded by email to the Staff Attorney within a week, unless the Court has specified a different deadline.

Judge Jan Soifer

WARNINGCivil cases

Applies to
Trial exhibits

Unopposed trial exhibits should be offered at pretrial for pre-admission.

Trial exhibits should be: o Unopposed exhibits should be offered at pretrial for pre-admission

Judge Jan Soifer

WARNING

Applies to
Non evidentiary materials

Non-evidentiary materials, including demonstratives, PowerPoint or other presentations, trial briefs, proposed orders, pleadings efiled within the prior week, and cases for the judge’s reference, should be uploaded to the designated “Other Materials” folder in Box AND emailed to the other parties before the hearing.

Non-evidentiary materials, including demonstratives, PowerPoint or other presentations, trial briefs, proposed orders, pleadings efiled within the prior week, and cases for the judge’s reference, should be uploaded to the designated “Other Materials” folder in Box AND emailed to the other parties before the hearing.

Judge Jan Soifer

WARNING

Applies to
Witness list

If a party intends to call witnesses, a witness list should be uploaded to Box AND emailed to the other parties at least two hours before the hearing.

If a party intends to call witnesses, a witness list should be uploaded to Box AND emailed to the other parties at least two hours before the hearing.

Judge Jan Soifer

WARNINGCivil cases

Applies to
Hearing documents

Documents provided to the Court should be indexed and uploaded to Box and, if paper copies are used, placed in binders (with a copy of the index provided to opposing counsel), and should include: o Operative pleadings, if pertinent to the hearing o Motions, responses, and replies, together with their exhibits, if any o Controlling case law with pertinent passages highlighted

Documents provided to the Court should be indexed and uploaded to Box and, if paper copies are used, placed in binders (with a copy of the index provided to opposing counsel), and should include: o Operative pleadings, if pertinent to the hearing o Motions, responses, and replies, together with their exhibits, if any o Controlling case law with pertinent passages highlighted

Judge Jan Soifer

WARNINGCivil cases

Applies to
Trial exhibits

Trial exhibits should be: o Pre-marked with party abbreviation and number (e.g., P-001, D-002, R-003)

Trial exhibits should be: o Pre-marked with party abbreviation and number (e.g., P-001, D-002, R-003)

Judge Jan Soifer

WARNINGCivil cases

Applies to
Proposed jury instructions

Proposed jury questions and instructions must include supporting citations to cases, statutes, and the PJC, and must not include boilerplate provisions.

Submit in Word proposed jury questions and instructions, with supporting cites to cases, statutes, and the PJC, at the pretrial conference or on or before the first day of trial, by uploading them to Box and/or by email to the Staff Attorney. Do not include boiler plate provisions; the Court will add those.

Judge Jan Soifer

WARNINGCivil cases

Applies to
Trial exhibits

An index of trial exhibits must be provided to the Court and the court reporter.

Trial exhibits should be: o An index of exhibits should be provided to the Court and court reporter

Judge Jan Soifer

WARNINGCivil cases

Applies to
Proposed order
Must include
proposed order

After an oral ruling without a prepared order, prevailing counsel must promptly circulate a proposed order for opposing counsel's approval as to form and forward it approved as to form to the Staff Attorney; the Court prefers to sign within a week.

If the Court announces its ruling and an appropriate order has not been prepared in advance, the prevailing party's counsel should promptly circulate a proposed order for approval as to form by opposing counsel and promptly forward it to the Staff Attorney approved as to form. The Court prefers to sign these within a week.

Judge Jan Soifer

WARNING

Only the official court reporter may record any part of a hearing.

VIDEO OR AUDIO RECORDING OF ALL OR ANY PART OF A HEARING BY ANYONE OTHER THAN THE OFFICIAL COURT REPORTER IS PROHIBITED.

Judge Jan Soifer

WARNINGCivil cases

Applies to
Documents provided to court

Documents provided to the Court should be indexed and uploaded to Box and, if paper copies are used, placed in binders (with a copy of the index provided to opposing counsel), and should include: o Operative pleadings, if pertinent to the hearing o Motions, responses, and replies, together with their exhibits, if any o Controlling case law with pertinent passages highlighted

Documents provided to the Court should be indexed and uploaded to Box and, if paper copies are used, placed in binders (with a copy of the index provided to opposing counsel), and should include: o Operative pleadings, if pertinent to the hearing o Motions, responses, and replies, together with their exhibits, if any o Controlling case law with pertinent passages highlighted

Judge Jan Soifer

WARNINGCivil cases

Applies to
Trial exhibits

Trial exhibits should be pre-marked, exchanged before trial, unopposed exhibits offered at pretrial for pre-admission, and an index provided to the Court and court reporter.

Trial exhibits should be: o Pre-marked with party abbreviation and number (e.g., P-001, D-002, R-003) o Exchanged with opposing counsel prior to trial o Unopposed exhibits should be offered at pretrial for pre-admission o An index of exhibits should be provided to the Court and court reporter

Judge Jan Soifer

WARNINGCivil cases

Applies to
Exhibits

'Movant' and 'Non-Movant' may not be used as party designations; distinguishing words (e.g., Defendant Jones, Defendant Smith) must identify parties.

Do not use "Movant" or "Non-Movant." use distinguishing words to identify the parties (i.e., Defendant Jones, Defendant Smith).

Judge Maria Cantu Hexsel

WARNINGCivil cases

Applies to
Exhibit

When multiple parties share a designation, use distinguishing words to identify each party.

If there is more than one party with the same designation, such as two defendants, use distinguishing words to identify the parties (i.e., Defendant Jones, Defendant Smith).

Judge Maria Cantu Hexsel

WARNINGCivil cases

Applies to
Exhibit

Use the party's designation in the lawsuit on exhibits, regardless of which party moves on a particular motion.

Your designation in the current lawsuit is the designation to be used for exhibits, regardless of which party is the moving party for any particular motion.

Judge Maria Cantu Hexsel

WARNINGCivil cases

Applies to
Exhibit

Uploading an exhibit does not offer it into evidence.

Uploading exhibits does not constitute an offer into evidence.

Judge Maria Cantu Hexsel

WARNINGCivil cases

Applies to
Exhibit

Exhibits not offered on the record during a hearing or trial will be deleted and excluded from the record.

Any exhibit that is not offered on the record during a hearing or trial will be deleted and not included in the record.

Judge Maria Cantu Hexsel

WARNINGCivil cases

Applies to
Documents provided to court

Documents provided to the Court should be indexed and uploaded to Box and, if paper copies are used, placed in binders (with a copy of the index provided to opposing counsel), and should include: o Operative pleadings, if pertinent to the hearing o Motions, responses, and replies, together with their exhibits, if any o Controlling case law with pertinent passages highlighted

Documents provided to the Court should be indexed and uploaded to Box and, if paper copies are used, placed in binders (with a copy of the index provided to opposing counsel), and should include: o Operative pleadings, if pertinent to the hearing o Motions, responses, and replies, together with their exhibits, if any o Controlling case law with pertinent passages highlighted

Judge Maya Guerra Gamble

WARNINGCivil cases

Applies to
Court review documents

and should include: o Operative pleadings, if pertinent to the hearing o Motions, responses, and replies, together with their exhibits, if any o Controlling case law with pertinent passages highlighted

and should include: o Operative pleadings, if pertinent to the hearing o Motions, responses, and replies, together with their exhibits, if any o Controlling case law with pertinent passages highlighted

Judge Maya Guerra Gamble

WARNINGCivil cases

Applies to
Jury charge and exhibit list

Lawyers must use the Court-provided jury charge and Exhibit List templates.

Lawyers must use the Court’s jury charge and Exhibit List templates which will be provided once your case has been assigned to the 459th District Court.

Judge Maya Guerra Gamble

WARNINGCivil cases

Applies to
Trial exhibits

An exhibit index must be provided to the Court and court reporter using the 459th District Court's preferred format.

An index of exhibits should be provided to the Court and court reporter, using the 459th District Court's preferred format

Judge Maya Guerra Gamble

WARNINGCivil cases

Applies to
Unopposed trial exhibits

Unopposed trial exhibits should be offered at pretrial for pre-admission.

Unopposed exhibits should be offered at pretrial for pre-admission

Judge Maya Guerra Gamble

WARNINGCivil cases

Applies to
Proposed order
Must include
proposed order

If the Court announces its ruling and an appropriate order has not been prepared in advance, the prevailing party's counsel should promptly circulate a proposed order for approval as to form by opposing counsel and promptly forward it to the Briefing Attorney approved as to form. The Court prefers to sign these within a week.

If the Court announces its ruling and an appropriate order has not been prepared in advance, the prevailing party's counsel should promptly circulate a proposed order for approval as to form by opposing counsel and promptly forward it to the Briefing Attorney approved as to form. The Court prefers to sign these within a week.

Judge Maya Guerra Gamble