Judge Pedro (Pete) Gomez Jr.
Individual Rules, Standing Orders & Policies
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Document Filing Requirements18 rules
Once you have an agreed date, fill that date in on your Order Setting and forward both your Motion and Order, along with a statement that the date is an agreed date, to the Court Administrator in Ozona, Texas for entry with the Court.
A Request for Setting must include the listed case, counsel, discovery, mediation, pre-trial, settlement, proposed trial date, trial-length, service-certificate, and signature information.
Court's wording
The Request for Setting shall contain the following: 1.) The style and number of the case, and the county where the case is pending. 2.) The name, address and telephone number of the attorney making the request and the party represented by said attorney; 3.) Whether discovery is intended to be conducted under level 1, 2 or 3 according to Rule 190, T.R.C.P.; 4.) The date on which the jury fee was paid; 5.) A statement that the pleadings of the party requesting the setting are in order; 6.) A statement that mediation has been completed or none is required. (a) Pending mediation, all discovery is abated unless otherwise ordered by the Court. 7.) A statement that all discovery has been completed or none is desired. (a) If discovery is pending the request shall contain the date on which discovery is expected to be completed; 8.) A statement that all pre-trial matters have been disposed of or none is pending. (a) If pre-trial matters are pending the request for setting shall state the nature of same, the party asserting same, the estimated time for hearing same and possible dates for a pre-trial hearing which have been cleared with opposing counsel; 9.) A statement that the party requesting the setting has made a good-faith effort to negotiate a settlement of the case and further efforts appear futile. 10.) Possible dates for the trial of the case which have been cleared with opposing counsel. (a) If opposing counsel will not agree to a date for trial, the dates proposed and the reason for opposing counsel's refusal to agree to same; 11.) The estimated time of trial; 12.) A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service; 13.) The signature of the attorney making the Request.
At the time the parties announce ready, each party shall submit to the Court proposed jury questions.
A trial setting requires a written Request for Setting submitted directly to the Court Administrator, not filed with the Clerk of Upton County.
Court's wording
A setting for trial on the merits will be made in response to a written Request for Setting submitted directly to the Court Administrator in Ozona, Texas. The party requesting a setting should not file the Request for Setting with the Clerk of Upton County.
A setting will be made only in response to a proper written Request for Setting.
Without notice, a Temporary Restraining Order or Protective Order requires specific facts and an intelligible statement of grounds; verified allegations consisting only of conclusions are insufficient.
Court's wording
No Temporary Restraining Order or Protective Order will be granted without notice to the adverse party unless the applicant's verified complaint or affidavit accompanying the application contains "specific facts," as required by Rule 680, T.R.C.P., and "a plain and intelligible statement of the grounds for such relief," as required by Rule 682, T.R.C.P. No such Temporary Restraining Order shall be granted upon a complaint or affidavit containing mere conclusions, even if verified.
Ex Parte Orders in family law matters must meet the requirements of the Family Code.
An application for a Temporary Restraining Order and/or Protective Order, to be granted without notice to the adverse party, will be considered only upon the applicant's verified complaint or affidavit accompanying the application, and no testimony will be heard.
The attorneys in all contested hearings concerning support shall prepare complete written income and expense statements as to their respective clients and present same to the Court prior to the hearing.
All court appointed attorneys shall submit an Attorney Fee Voucher, which can be obtained from the Court Administrator in Ozona, Texas.
b. Send an Order Resetting with a cover letter advising the Court Administrator in Ozona, Texas of the date the parties have agreed on.
a. Submit an Order Setting to the Court, with a Request for Setting when obtaining a trial date, or a letter when obtaining a pre-trial date, stating the date the parties have agreed to.
Every motion must list opposing counsel’s name, address, phone number, and fax number under the Certificate of Service, and must not use the specified generic service statement.
- Document
- Motion
- Placement
- Certificate section
Include
- •Certificate of service
Court's wording
At the end of all MOTIONS, please include the opposing counsel's name, address, phone number and fax number under the Certificate of Service. Please do not put "...a copy has been sent to all opposing counsel." (This will let the Court know who the attorneys are since we do not have immediate access to all files in every county).
In all contested cases involving the division of property the attorney shall prepare a complete written inventory of the assets and liabilities of the marital estate and of the separate estate of their respective client and submit same to the Court prior to trial.
The Attorney General and any attorney of record, in a case involving a divorce, an annulment, or any suit affecting the parent-child relationship shall complete the form and present it to the presiding judge upon the filing of the decree or judgment. No decree or judgment will be signed until said document is submitted.
14.) A blank Order Setting which should be attached to the Request.
If item 8.(a) in the Request for Setting is applicable, please send an Order Setting and the Court will set a pre-trial hearing.
Order Settings must list all parties to notify and, as applicable, attorney fax numbers or pro se litigants’ addresses.
Court's wording
At the bottom of all ORDER SETTINGS, please list all the parties who need to be notified. If the parties are represented by attorneys, please list the attorney's fax numbers. If they are pro se litigants, please give their addresses.
Filing & Service rules
Service and Proof of Service Rules
The Request for Setting must include a certificate stating that it was served on all counsel and identifying each attorney's name and address and the service date.
12.) A certificate that a copy of the Request for Setting has been served on all counsel in the case, the name and address of each attorney and the date of service;
Page 2 | RULE 1.11 REQUEST FOR SETTING – JURY CASES
The Court sends the trial-setting order to the District Clerk for certification and delivery of a certified copy to each attorney.
In response to a Request for Setting, the Court will enter an Order setting the case for trial on the merits and deliver a copy of the same to the District Clerk to certify who will then deliver a certified copy to each attorney.
Page 3 | RULE 1.12 ORDER SETTING – JURY CASES
Adjournment & Extension Requirements
Criminal-case continuances must comply with the cited statutory provisions.
All continuances shall be in accordance with Arts. 29.01 through 29.13, C.C.P. and Art. 30.003, Tx. Civil Prac. & Rem. Code.
Page 5 | RULE 2.10 CONTINUANCES
For an agreed continuance, contact the Court Administrator, who will consult the Judge before removing the matter from the docket; agreement or filing a motion does not automatically grant a continuance.
If you have a continuance that is agreed to by all parties, please contact the Court Administrator in Ozona, Texas and advise her of this and she will consult with the Judge prior to removing the matter from the docket. Continuances are not automatic upon agreement by the parties. Mere filing of a Motion for Continuance does not mean the continuance will be granted.
Page 5 | RULE 2.11 AGREED CONTINUANCES
Chambers Communication Rules
Before sending a Motion and Order Setting, call the Court Administrator to obtain available hearing dates.
When setting a civil case for pre-trial, jury, non-jury or post trial hearing, please call the Court Administrator in Ozona, Texas prior to sending your Motion and Order Setting to obtain available hearing dates.
Page 1 | RULE 1.10 SETTINGS – JURY CASES
To obtain a resetting date, first ask the Court Administrator for available dates, then coordinate with opposing counsel on a date available and agreeable to all counsel.
a. To obtain a resetting date, please contact the Court Administrator in Ozona, Texas for available dates, then contact opposing counsel to obtain a date that is available and agreeable to all counsel.
Page 5 | RULE 2.12 RESETTINGS
When setting or resetting a trial, pre-trial, or similar matter, first contact the Court Administrator for available dates, then coordinate with all other counsel on a date everyone can attend.
When setting or resetting a case for trial, pre-trial, etc., please contact the Court Administrator in Ozona, Texas for available dates. Then, contact all other counsel and obtain a date that everyone is available.
Page 6 | RULE 4.11 AVAILABLE COURT DATES
Communications between the Courts and attorneys sent by fax to the provided numbers are deemed received.
All communications between the Courts and attorneys sent via fax to the numbers provided shall be deemed received.
Page 7 | RULE 4.16 FAX AND ANSWERING MACHINE AVAILABILITY
When a hearing must be canceled, contact the Court Administrator in Ozona as soon as possible.
If for any reason, you have to cancel a hearing, please contact the Court Administrator in Ozona, Texas as soon as possible.
Page 7 | RULE 4.14 CANCEL HEARINGS
If practicable, attorneys must maintain operative fax and answering-machine access around the clock and provide those numbers to the Courts, court clerks, and opposing counsel.
Any attorney practicing in the 112th District Courts, if practicable, shall have access to a fax machine and answering machine that will be operative 24 hours a day, seven days a week. Said numbers shall be provided to the Courts, the Clerks of Court, and all opposing counsel.
Page 7 | RULE 4.16 FAX AND ANSWERING MACHINE AVAILABILITY
Telephone-conference hearings are permitted and encouraged by the Court.
Hearings conducted by telephone conference call are acceptable and encouraged by the Court.
Page 7 | RULE 4.15 TELEPHONE CONFERENCE