Judge David Moorman
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- A motion to continue trial must be filed at least seven days before trial, except when extraordinary circumstances arise within that period.
- A motion to continue trial must be filed at least seven days before trial, except when extraordinary circumstances arise during that seven-day period.
Document Format Requirements15 rules
Exhibits must be pre- marked and in compliance with the Walker County General Order Regarding Evidence. Any inadmissible material (e.g., references to insurance) shall be redacted.
If a file exceeds this limit, it must be divided into smaller files not exceeding 2 GB each.
As of the issuance of this Order, acceptable formats include: .avi, .wmv, .wav, .mpg, .mid, .asf, .mpeg, .mpl, .mp2, .mp3, .mp4, .m4v, .ogg, .oga, .ogv, .webm.
Each segmented file must be clearly labeled both externally and within the media device file name using the following format: "Exhibit- [Party Name} {Description]- [File Number} of [Total Files]" e.g., "Exhibit - Defendant Smith Statement - 1 of 2. "
If an exhibit is not in one of these formats or in a format recognized by the appropriate appellate court, the sponsoring party must convert the media to a compatible format prior to admission.
IT IS FURTHER ORDERED that all oversized or enlarged exhibits shall be accompanied by 8.5" x 11" copies bearing a marked exhibit sticker on the front, which shall be retained by the court reporter for the record on appeal.
Any oversized or enlarged exhibit offered must be an exact replica of the admitted exhibit.
Media exhibits must be submitted in a format uploadable and acceptable to the appropriate Court of Appeals under its current guidelines.
The Court ORDERS that the sponsoring party of any such media exhibit must ensure it is submitted in a file format that can be uploaded and accepted by the appropriate Court of Appeals, following its guidelines as they exist at the time of the exhibit's admission.
IT IS FURTHER ORDERED that audio or video exhibits may not exceed 2 GB in size per file.
The file must not be password-protected, encrypted, or restricted by rights management.
All scanned exhibits must be made text-searchable using optical character recognition (OCR) software, such as Adobe Acrobat.
IT IS FURTHER ORDERED that each computer file of a text document must be submitted in text-searchable Portable Document Format (.pdf), compatible with the latest version of Adobe Reader.
Each party must prepare and submit to the court, prior to trial or jury selection, all proposed jury charge definitions, instructions, and questions that are anticipated based on the pleadings and evidence and for which the party bears an affirmative burden. These submissions must be provided in both written form and electronically-via email, flash drive, or another format as specified by the court.
The inventory and appraisement shall be in a form substantially similar to Form 7-1 of the Texas Family Law Practice Manual published by the State Bar of Texas
All property and liabilities shall be listed in a columnar form with each column totaled.
Document Filing Requirements60 rules
5. Deposition Designations: Submit excerpts ofdepositions or edited video testimony. clearly identifying the page and line numbers in the sequence intended to be presented at trial.
DocumentDeposition Designations
4. Exhibit List and Copies: A comprehensive exhibit list must be submitted, with copies prepared for opposing counsel, the Court Reporter, and the Court.
DocumentExhibit List
2. Trial Witness List: A complete list of trial witnesses, including the name, address, and subject matter of testimony, consistent with the disclosure requirements under the Texas Rules of Civil Procedure.
DocumentTrial Witness List
3. Draft Jury Charge or Bench Trial Documents: Prepare and submit a draft ofthe proposed Jury Charge.
DocumentJury Charge
If the case will proceed as a bench trial, submit proposed Findings ofFact and Conclusions ofLaw. Revisions to these documents may be made as appropriate during the trial.
DocumentProposed Findings Conclusions
6. Motions in Limine: All Motions in Limine must be filed and prepared for discussion at the hearing pursuant to the Walker County Standing Order in Limine.
DocumentMotion In Limine
7. Trial Logistics: Counsel shall inform the Court of anticipated trial scheduling needs, use ofany audio-visual equipment, estimated duration ofthe trial, and any potential scheduling conflicts.
DocumentTrial Logistics
I . Party and Counsel List: A list identifuing all parties, including any self-represented parties and attomeys ofrecord, with complete and correct names. For any business entity, include the designated representative's name and title. along with physical mailing addresses.
DocumentParty And Counsel List
Only the segments of audio or video content being offered as exhibits shall be included.
DocumentAudio Or Video Exhibit
For example, if a disc contains 50 jail phone calls and only a portion are being admitted, the sponsoring party must copy only those specific calls to a separate disc and offer that disc as the exhibit, excluding all others.
DocumentAudio Or Video Exhibit
In the event a case is on appeal and the Court of Appeals is unable to open an exhibit as submitted, the sponsoring party that offered the exhibit shall be responsible for providing the court reporter with a replacement exhibit in an acceptable and accessible format.
DocumentExhibit
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
DocumentPetition
To deterrnlne eltgibtli9 lor court appoinlment of an afiorney, the defendan, masl ltll ou, ,hls fotrrl
DocumentApplication For Court Appointed Attorney
Such emails shall include the sender's full name, mailing address, telephone number, fax number and State Bar of Texas number (if applicable).
DocumentEmail
2.15.2 Form of orders. All filed motions seeking affumative relief from the court shall be accompanied by an order in such form as to grant or deny the motion.
DocumentMotion
Every pleading submitted by a party represented by an attomey shall be signed by at least one attorney of record and include the contact information required under TRCP 57 or, for criminal mafters, Article 1.052 of the Code of Criminal Procedure. A party not represented by an attomey shall sign their own pleadings and include the contact information listed in TRCP 57 or Article 1,.052.
DocumentPleading
Newly retained counsel may not be permitted to substitute for counsel of record unless they certify that they are PrePared to proceed without causing any delay of the proceedings.
The notice must inform the client that the court will be requested to grant the withdrawal on or after ten (10) days from the date of the notice, if no objection is filed.
DocumentNotice To Client
An attomey who has entered a aPPearance i. *y case may withdraw onlyby filing a motion with the court. The motion must include the information required by TRCP 10. In criminal cases, appointed counsel must comply with Article 26.04 of the Code of Criminal Procedure to withdraw.
If the motion does not contain the signature of substitute counsel and/or the client, withdrawing counsel must attach a copy to the motion of the cover letter sent to the clienf advising them of the motion's fili.g.
DocumentMotion To Withdraw
All applications for ex parte relief shall contain a certificate signed by counsel in one of the forms set forth in the document entitled "certificate of conference and/or notice" on the court's website.
DocumentEx Parte Application
Motions for preferential setting shall be in writing, verified, and clearly state the specific grounds for the request.
DocumentPreferential Setting Motion
A confirmation of hearing or setting request (as determined by specific court procedures) must be filed with the appropriate clerh and a copy must be provided to the coordinator.
DocumentHearing Confirmation Or Setting Request
An agreement by the parties for appointment of an ad litem shall be submitted in writing in the form of a motion and order to the court, signed by all attomeys and will be considered by the court without a hearing.
DocumentAd Litem Appointment Agreement
Motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought. The proposed order shall be a separate document.
DocumentMotion And Response
A separate proposed order granting the requested relief must accompany the motion and be signed by all attomeys.
DocumentProposed Order
A written deposition notice using a date, time, or location that was not agreed must include the specified conference statement.
A written notice of deposition on a date, time or location that is not agreed shall state as follows: "A conference was held (or attempted) with the counsel for opposing party to agree to a time, date, location, and materials to be produced. Agreement could not be reached (or counsel will not respond) and the deposition is therefore being taken pursuant to this notice."
DocumentDeposition Notice
A discovery motion must include a proposed order and Certificate of Conference to avoid being deemed premature.
A discovery motion may be deemed premature unless the movanfs counsel has: (L) made a good faith attempt to obtain the discovery or requested relief by agreement with opposing counsef (2) complied with the Texas Rules of Civil Procedure and either was unsuccessful or demonstrates good cause for not doing so; and (3) included a proposed order and a Certificate of Conference in accordance with Rule 3.15.7.
DocumentDiscovery Motion
The motion must be accompanied by a written memorandum outlining the factual and legal grounds for avoiding dismissal for want of prosecution, along with a proposed pretrial order that complies with Texas Rule of Civil Procedure 165a(1).
Counsel must provide the court and all counsel written notice within three days of a bankruptcy filing, including the specified bankruptcy and trustee information.
Whenever a party in this court files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party's counsel to, within three (3) days of any bankruptcy filing, provide written notice to the court and all counsel that a bankruptcy has occurred, stating 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 party, as well as the name and address for the trustee.
DocumentBankruptcy Notice
The motion must set forth each ground in numbered sequence, stating the specific facts relied upon for each. It should identi{y the source of each fact and indicate where those facts appear in the surunary judgment evidence. Each ground must be accompanied by a clear and concise argurnent, including appropriate citations to legal authority and specific references to the supporting evidence.
DocumentSummary Judgment Motion
An objection to a motion to retain must be supported by a written memorandum stating its factual and legal basis.
A party objecting to a motion to retain shall file a written memorandum setting forth factual and legal basis for any objection to the motion to retain within three (3) days of service of the motion to retain.
A summary judgment response must address grounds in the motion's numbered sequence, identify supporting facts and their sources in the evidence, and provide concise, supported arguments with legal citations and direct evidence references.
The response must address each ground in the same numbered sequence used in the motion for summary judgment. It should clearly state the specific facts relied upory identify the source of each fact, and indicate where those facts are located within the summary judgment evidence. Each point must include a concise and well-supported argument, with citations to relevant authorities and direct references to the supporting evidence.
DocumentSummary Judgment Response
In cases where funds are deposited into the registry of the cour! it is the responsibility of all counsel and attomeys ad litem to ensure that the order or judgment clearly directs the clerk regarding the disposition of the funds.
DocumentOrder Or Judgment
Within twenty (20) days [ten (10) days for any type of temporary orders] after rendition, announcement of court's ruling or announcement of setflement by counsel, plaintiff/petitioner's counsel shall cause, unless ordered otherwise, all orders, decrees and judgments of any kind to be reduced to writing, approved as to form by opposing counsel and to be delivered to the court for signature.
DocumentOrder Decree Judgment
Unless all counsel consent in writing and the court approves, a continuance motion must comply with TRCP Rule 251 et seq. and be accompanied by an order.
Unless counsel for all parties consent in writing to the request for a continuiulce and the same is approved by the court, a motion must be filed pursuant to Rule 251,, et seq. of the TRCP, as amended. The motion must be accompanied by an order.
DocumentContinuance Motion
4.1.8.2 Fonn. Motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought. The proposed order shall be a separate document.
DocumentMotion And Response
An unopposed motion should be marked on its face; it is sent directly to the judge and routinely granted without a hearing unless contrary to the interests of justice, and must include a separate proposed order signed by all attorneys.
4.18.5 Unopposed motions.If a motion is unopposed by all counsel of record, this should be clearly indicated on the face of the motion. In such cases, the clerk will submit the motion directly to the judge for consideration. The court will routinely grant unopposed motions without a hearing unless the judge determines that granting the motion would not serve the interests of justice. A separate proposed order granting the requested relief must accompany the motion and be signed by all attomeys.
DocumentUnopposed Motion
A motion must include a certificate of conference signed by movant’s counsel, who must personally attempt to confer with opposing counsel before filing; the certificate must conform verbatim to a court-provided form.
4.18.7 Conference requirement. No party may file a motion without attaching a "certificate of conference" signed by movant's counsel. Prior to the filing of a motion, movant's counsel must personally attempt to confer with opposing counsel to resolve the disputed matter(s). The Certificate of Conference must conform verbatirn to one of the forms provided in the document titled 'Certificate of Conference and/or Notice' available on the court's website.
DocumentMotion
Said motion shall include a written memorandum setting forth the factual and legal basis why the case should not be dismissed for want of prosecution, together with a proposed pretrial order complying with TRCP Rule 165a(1).
DocumentMotion
Within twenty (20) days [ten (10) days for any type of temporary orders] after renditiory announcement of court's ruling or announcement of settlement by counsef plaintiff/petitioner's counsel shall cause, unless ordered otherwise, all orders, decrees and judgments of any kind to be reduced to writing, approved as to form by opposing counsel and to be delivered to the court for signature.
DocumentOrders Decrees And Judgments
Unless counsel for all parties consent in writing to the request for a continuEulce and the same is approved by the court, a motion must be filed pursuant to Rule 25'1,, et seq. of the TRCP, as amended. The motion must be accompanied by an order.
DocumentMotion For Continuance
c. a party responding to a motion filed under subsection a. of this rule shall at least three (3) days prior to the hearing present to opposing counsel a written list of objections to the order (or an altemative proposed order).
DocumentResponse To Motion For Entry Of Order
When child or spousal support is at issue, each party must provide the court and opposing party the listed financial information at or before the hearing, if available.
In all cases in which support of a child and/or spouse is in issue, whether temporary or finaf each party shall be required to fumish the court and opposing party true and correct copies of the following, at or before the time of the hearing, if available: a. a swom statement of the household usual and ordinary monthly income and exPenses; b. all payroll statements, pay stubs; and if self-employed, profit and loss statements, balance sheets, income statements, or any other document evidencing any and all of that party's eamings from ]anuary 1. ol the current year through the date of the hearing; c. federal tax retums, including attachments and schedules, for the two (2) years immediately prior to the hearing, or if returns have not been prepared, all W-2s, 1,099s, K-1s or other evidence of income for said year; and d. copies of any financial statements prepared for any financial institution for the year prior to the first hearing and from January 1 of the current year through the date of the hearing.
DocumentFinancial Information Disclosures
The Walker County Standing Restraining Order, available on the court's website, must be attached to each initial pleading filed in applicable family law matters in the Walker County District Courts.
DocumentInitial Pleading
A Certificate of No-Bill must be signed by the foreperson and certify that the case was presented to the grand jury and a no-bill was returned.
5.10.4 Certificate of No-Bill procedures. When a defendant is "no-billed," meaning that a case was presented to the grand jury regarding an individual and less than nine affirmative votes were given for a'true bill of indictmenf a Certificate of No-Bill shall be signed by the foreperson certifying thllt the case was presented to the grand jury and that a no-bill was retumed.
DocumentCertificate Of No Bill
Immediately upon employment the defertse attorney shall give written notice of said employment to the district attomey, the district clerk and the court coordinator stating the name of the defendant the date of and the offense(s) charged and cause number, if known.
Arraignment may be waived in writing if signed by both the attomey and the defendant and filed with the clerk before noon on the day prior to the scheduled arraignment.
DocumentArraignment Waiver
A pretrial motion set for hearing must state the requested relief, pertinent facts, supporting argument and authorities, include required signatures and any required oath, and contain a certificate of service and proposed order.
In order to set a pre-trial motion for hearing, the motion must: 1. succinctly state the relief soughg 2. state the facts pertinent to the motion; 3. state supporting argument with authorities; 4. be signed by counsel and, where required, by the defendan! 5. be swom to when required; Page37 of40 ===== PAGE 38 ===== 6. contain a certificate of service; itnd 7. contain a proposed order granting or denying the motion in full or in part.
DocumentPretrial Motion
A surety seeking release from bail-bond liability must complete the required affidavit, comply with Chapter 17, and present the affidavit to the clerk for filing and presentation to the judge.
Sureties requesting a release on their liability on a bail bond must complete an Affidavit to Release Surety (a sample of which may be found on the courfs website), comply with the requirements of Chapter 17 of the Code of Criminal Procedure, and present the completed affidavit to the clerk for filing and presentation to the judge.
DocumentAffidavit To Release Surety
Such exhibits may be used for demonstrative purposes before the fact finder; however, the 8.5" x 11" version shall serve as the official exhibit for the appellate record.
DocumentOversized Or Enlarged Exhibit
Matters titled "Agreed" and signed by all counsel or self-represented parties will be signed upon presentment, without the need for a hearing.
DocumentAgreed Matter
The original form must be filed with the appropriate clerk, and a copy must be provided to the court coordinator.
DocumentHearing Setting Request Form
Failure to file a response may be considered a representation of no opposition.
DocumentResponse
If a motion is unopposed by all counsel of record, this should be clearly indicated on the face of the motion.
DocumentMotion
Filing & Service rules
Electronic Filing Rules
Civil cases within the stated jurisdiction must be e-filed with the District Clerk’s office.
All civil cases over which the District Courts of Walker County have exclusive or concurrent jurisdiction with the County Court at Law, must be e-filed with the District Clerk's office.
Page 11 | RULE 3 CIVIL CASES; RULE 3.1.0 GENERAL
The criminal court coordinator prepares the original order to appear, which is signed by the judge and e-filed with the district clerk.
The original order to appear will be prepared by the criminal court coordinator, signed by the judge and e-filed with the district clerk, to include notice to the defendant's attomey, the District Attorney's office, and surety or bail bond person.
Page 36 | 5.16.1 Alraignment setting
When all parties agree on all deadlines, they should complete and sign the proposed order and e-file it for the court's consideration.
If all parties agree on all deadlines, the proposed order should be completed, signed by all parties, and efiled for the court's consideration.
Page 24 | 4.16 Docket Control Order
Filing Timing and Cure Windows
Written designations for vacation weeks outside June, July, and August must be filed by February 1.
Written designations during months other than June, July, and August must be filed by February 1.
Page 9 | 2.18.3 Non-summer vacations
Written designations of June, July, or August vacation weeks must be filed by May 15.
Written notice designating vacation weeks for June, July, or August must be filed by May 15.
Page 9 | 2.18.2 Summer vacations
A request for judicial action or relief may not be submitted before the application or case is filed unless advance filing is impossible; in that event, the filing must follow as soon as possible and the clerk must be notified of the judge’s actions.
No request for action or relief of any kind shall be submitted to the judge before the application or case has been filed with the appropriate clerk, unless fili.g in advance is impossible. If it is impossible to file an application or case before it is presented to a judge, then it shall be filed as soon thereafter as possible and the clerk notified of all actions taken by the judge.
Page 10 | 2.22.1 Emergency filings
Any response must be in writing and filed at least two working days before the motion’s submission date.
Responses, if any, shall be in writing. Responses shall be filed at least two (2) working days before the submission date.
Page 15 | 3.15.4 Response
Discovery must be completed at least thirty days before the trial setting unless the court orders otherwise, the parties agree otherwise, or a statute or rule requires otherwise.
The parties shall complete discovery not less than thirty (30) days prior to the date the case is set for trial unless otherwise ordered by the court, agreed upon by parties, or required by stafute or rule.
Page 16 | 3.17.4 Time period for discovery
A party seeking to retain a case must file a written motion at least ten days before the date specified in the dismissal notice.
A written motion to retain shall be filed by any party desiring to retain a case at least ten (10) days prior to the date specified in the notice described in rule 3.19.2 above.
Page 17 | RULE 3.1.9 DISMISSAL DOCKET
The bankruptcy notice must be provided within three days of the bankruptcy filing.
Whenever a party in this court files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party's counsel to, within three (3) days of any bankruptcy filing, provide written notice to the court and all counsel that a bankruptcy has occurred, stating 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 party, as well as the name and address for the trustee.
Page 17 | RULE 3.18 SUSPENSE DOCKET
An objection to a motion to retain must be filed with a written memorandum stating its factual and legal basis within three days of service of the motion.
A party objecting to a motion to retain shall file a written memorandum setting forth factual and legal basis for any objection to the motion to retain within three (3) days of service of the motion to retain.
Page 18 | RULE 3.19.6 Obiection to motion to retain
Objections to the specified pretrial materials or page-and-line designations must be filed five days before the pretrial conference.
Any objections to the items l-r:.3.2-1..2 and/or cross-line page and line designations shall be filed five (5) days before the pretrial conference.
Page 19 | RULE 3.21 PRETRIAL CONFERENCE
Opposing counsel must file objections to a proposed judgment or order within five working days of receiving the proposed judgment.
Opposing counsel shall file any objections to a proposed judgment and/or order within five (5) working days of receipt of the proposed judgment.
Page 20 | RULE 3.25 SUBMISSION OF ORDERS AND IUDGMENTS
When division of the marital estate is disputed, each party must exchange and file a sworn inventory and appraisement at least 30 days before a contested hearing.
In a case where the division of the marital estate is in dispute, each party shall exchange and file with the court a swom inventory and appraisement no later than thirty (30) days before any contested hearing date.
Page 30 | 4.25.1 Inventory and appraisement required
Arraignment may be waived in writing if signed by both the attomey and the defendant and filed with the clerk before noon on the day prior to the scheduled arraignment.
Arraignment may be waived in writing if signed by both the attomey and the defendant and filed with the clerk before noon on the day prior to the scheduled arraignment.
Page 35 | 5.15.8 Waiver of araignment
Listed pretrial motions must be filed at least seven days before the motions or second pretrial setting; late matters are barred unless the court permits them for good cause.
All pretrial motions, including pleadings of the defendant special pleas, exceptions to the form or substance of the information or indictment, motions to suppress, motions for change of venue, discovery motions, and entrapment motions, must be filed at least seven (7) days prior to the motions or 2"d pretrial setting. If any such preliminary matter is not raised or filed seven days before the motions or 2"d pretrial setting it will not thereafter be allowed to be raised or filed, except by permission of the court for good cause shown.
Page 37 | RULE 5.18 MOTIONS
A party objecting to a trial setting must notify the court in writing and request a hearing within seven days after service of the notice of trial.
Any party objecting to the trial setting must notify the court in writing and request a hearing on the objection within seven (7) days of being served with the notice of trial.
Page 13 | 3.12.2 Trial settings
A party receiving notice of an automatic mediation referral has seven days from receipt to file an objection motion.
Ary party receiving notice of a setting that automatically refers the case to mediation has seven (7) days from the receipt of said notice to file a motion objecting to the automatic referral.
Page 14 | 3.1,4.2 Obiection to automatic referral
After a motion to quash a deposition is received, the respondent may request a hearing to be held within 72 hours but no sooner than 24 hours, subject to court availability.
The respondent may ask for a hearing to be heard within 72 hours but not less than 24 hours, subject to the court's availability.
Page 15 | 3.16.1 Motion to quash
A motion set for submission must state a submission date at least ten days after filing, unless the court grants leave.
Motions set for submission shall state a date of submission which shall be at least ten (L0) days from filing, except on leave of court.
Page 15 | 3.15.3 Submission
Notice of less than ten calendar days under the specified Texas Rules is presumed unreasonable.
Notice of less than ten (L0) calendar days under TRCP Rules 21a and 199.2(a) shall be presumed to be unreasonable.
Page 16 | 3.16.2 Unreasonable time for notice of depositions
Counsel may jointly file a written waiver at least five days before the setting to submit a summary judgment motion without oral argument.
Counsel of record may agree to submit the motion for summary judgment without oral argument by jointty filing a written waiver five (5) days prior to the setting.
Page 18 | RULE 3.20 SUMMARY IUDGMENTS
A party objecting to a trial setting must notify the court in writing and request a hearing within seven days after service of the trial notice.
Any party objecting to the hial setting must notify the court in writing and request a hearing on the objection within seven (7) days of being served with the notice of trial.
Page 23 | 4.15.2 Trial settings
A party receiving notice of a setting that automatically refers the case to mediation has seven days to file a motion objecting to the referral.
A.y party receiving notice of a setting that automatically refers the case to mediation has seven (7) days from the receipt of said notice to file a motion objecting to the automatic referral.
Page 24 | 4.17.2 Objection to automatic referral
Any response must be written and filed at least two working days before submission; failure to respond may be treated as indicating no opposition.
4.18.4 Response. Responseg rt any, shall be in writing. Responses shall be filed at least two (2) working days before the submission date. Failure to file a response may be considered a representation of no opposition.
Page 25 | RULE 4.18 MOTIONS PRACTICE
Parties must complete discovery at least thirty days before the trial date unless otherwise ordered by the court, agreed upon by the parties, or required by statute or rule.
4.19.3 Time period for discovery. All parties shall complete discovery not less than thirty (30) days prior to the date the case is set for trial unless otherwise ordered by the courf agreed upon by parties, or required by statute or rule.
Page 26 | RULE 4.19 DISCOVERY DISPUTES
A motion set for submission must state a submission date at least ten days after filing, unless the court grants leave.
4.1.L8.3 Submission. Motions set for submission shall state a date of submission which shall be at least ten (10) days from filing, except on leave of court.
Page 25 | RULE 4.18 MOTIONS PRACTICE
Service and Proof of Service Rules
The trial-preparation materials must be provided to opposing counsel and any self-represented party at least five working days before the Pretrial Hearing and brought to the hearing.
Pursuant to Rule 166 ofthe Texas Rules of Civil Procedure, the following documents and materials shall be provided to all opposing counsel and any self-represented party no fewer than five (5) working days prior to the scheduled Pretrial Hearing, and must be brought to the hearing:
Civil cases
Page 1 | STANDING TRIAL PREPARATION ORDER
Notice of designated vacation weeks must be served on the court, opposing counsel, and the appropriate clerk.
Notice of the designated vacation weeks must be served on the court, opposing counsel, and the appropriate clerk.
Page 9 | 2.18.1 Designation of vacation
Matters not requiring testimony may be set by submission if opposing counsel receives at least ten days’ written notice and an opportunity to object; a timely objection requires an oral hearing.
Matters that do not require testimony will be allowed to be set by submission at any time, provided that opposing counsel receives at least ten (10) days written notice with the opportunity to object. If an objection is timely made, the matter must be set for oral hearing pursuant to Rule 3.12 and 4.15 of these local rules, as applicable.
Page 11 | RULE 2.25 SUBMISSION DOCKET
Each party must furnish the ad litem copies of all pleadings, orders, and other filed documents.
Each party must also fumish the ad litem with copies of all pleadings, orders, and other filed documents.
Page 12 | RULE 3.11 AD LITEM APPOINTMENTS; 3.11.1 Notification
In a case involving an attorney ad litem, attorneys must promptly provide written notice of the appointment and scheduled settings to the ad litem, no later than five days after appointment.
In any case involving the appointment of an attomey ad litem, all attomeys have an affirmative duty to provide written notice of the appointment and any scheduled settings to the ad litem without delay and no later than five (5) days from the date of appointment.
Page 12 | RULE 3.11 AD LITEM APPOINTMENTS; 3.11.1 Notification
A motion to quash a deposition must be filed with the clerk and served on opposing counsel or parties in accordance with the referenced rules; otherwise, it does not stay the deposition.
The filing of a motion to quash a deposition with the clerk and service on opposing counsel or parties shall be in accordance with Rule 2.14 and 2.L5 and with TRCP; otherwise, the filing of a motion to quash does not stay a deposition.
Page 16 | 3.17.2 Effect of motion to quash deposition and./or forprotection
Unless otherwise ordered, the parties must serve or exchange the listed materials at least ten days before the pretrial conference, and make exhibits available for inspection on the conference date or earlier with reasonable notice and request.
Unless otherwise specifically ordered, at least ten (10) days prior to the pretrial conference, the parties shall serve or exchange the following: (1) exhibit lists (parties are required to make their exhibits available for inspection on the date of the pretrial conference or on a date prior with reasonable notice and request); (2) witress lists; (3) deposition excerpts by page and line; (4) motions in limine; and (5) proposed jury charge.
Page 19 | RULE 3.21 PRETRIAL CONFERENCE
A party may seek entry of a proposed order, decree, or judgment by motion, with a hearing no sooner than ten days after filing and notice to opposing counsel.
a. file a motion for entry of the proposed order, decree or judgmenf secure a hearing on same no sooner than ten (10) days from the date of filing of the motion and provide notice to all opposing counsel.
Page 21 | RULE 3.25
A party responding to a motion for entry must provide opposing counsel a written list of objections or an alternative proposed order at least three days before the hearing.
a party responding to a motion filed under subsection a. of this rule shall at least three (3) days prior to the hearing, present to opposing counsel a written list of objections to the order (or an altemative proposed order).
Page 21 | RULE 3.25
b. present the court with the proposed order, decree or judgment together with a letter requesting the court to sign same if the court has not received any written objection from opposing counsel within ten (10) days from the date of the letter. Notice shall be provided to all opposing counsel by providing them with the proposed judgment and a copy of the letter.
b. present the court with the proposed order, decree or judgment together with a letter requesting the court to sign same if the court has not received any written objection from opposing counsel within ten (10) days from the date of the letter. Notice shall be provided to all opposing counsel by providing them with the proposed judgment and a copy of the letter.
Page 21 | RULE 3.25
The requesting party must promptly give the opposing party written notice of the setting using the specified form, file the original with the clerk, and provide a copy to the court coordinator.
It is the responsibility of the party requesting a hearing-not the court coordinator-to promptly provide written notice to the opposing party of the scheduled setting, including the date, time, and subject matter, using the courfs Confirmation of Hearing or Setting Request form. The original form must be filed with the appropriate clerk, and a copy must be provided to the court coordinator.
Page 23 | 4.15.5 Required notice of hearing
If the defendant is under bond, a copy of the Certificate of No-Bill must be delivered immediately to the surety and the defendant.
b. Defendant Under Bond: A copy of the certificate shall be delivered to the surety (bondsman) and the defendant immediately.
Page 32 | 5.10.4 Certificate of No-Bill procedures
If the defendant is under arrest, a copy of the Certificate of No-Bill must be delivered immediately to the Sheriff and the defendant.
a. Defendant Under Arrest: If the defendant is under arrest, a copy of the certificate shall be delivered to the Sheriff and the defendant immediately.
Page 32 | 5.10.4 Certificate of No-Bill procedures
A formal motion must be filed with the clerk and served on the district attorney for a hearing date to be set.
If a formal motion has been filed with the clerk and served upon the district attorney in compliance with these ruleq a date certain shall be set by the court at the motions ancillary for a hearing on said motion.
Page 35 | 5.15.3 Motions setting
A formal motion must be filed with the clerk and served on the district attorney for a hearing date to be set.
If a formal motion has been filed with the clerk and served upon the district attorney in compliance with these ruIeg a date certain shall be set by the court at the motions ancillary for a hearing on said motion.
Page 36 | 5.16.3 Motions setting
Failure to serve the parties who are required to be served is grounds to deny a surety’s request for surrender.
Failure to provide service to the parties required to be served will be grounds for denial of the request for surrender.
Page 38 | 5.20.4 Affidavit to release surety
The party requesting a hearing must promptly give the opposing party written notice of the setting, including its date, time, and subject matter, using the court's specified form.
It is the responsibility of the party requesting a hearing-not the court coordinator-to promptly provide written notice to the opposing party of the scheduled setting, including the date, time, and subject matter, using the courf s Confirmation of Hearing or Setting Request form.
Page 13 | 3.12.4 Required notice of hearing
Objections timely filed and served in compliance with the rules will be addressed at the pretrial conference.
Any objections that have been timely filed and served in compliance with these rules will be addressed at the pretrial conference.
Page 19 | RULE 3.21 PRETRIAL CONFERENCE
A written objection received within the stated ten-day period requires the court to schedule a hearing under subsection a.
If the court receives a written objection from opposing counsel within the stated time, the court shall schedule a hearing for entry of the same pursuant to subsection a. of this rule;
Page 21 | RULE 3.25
In any case involving an attorney ad litem appointment, all attorneys must promptly notify the ad litem in writing of the appointment and scheduled settings, no later than five (5) days from appointment.
In any case involving the appointment of an attorney ad litem, all attomeys have an affirmative duty to provide written notice of the appointment and any scheduled settings to the ad litem without delay and no later than five (5)
Page 22 | RULE 4.14 AD LITEM APPOINTMENTS
Sealing & Redaction Procedures
All other Certificates of No-Bill must be held by the clerk under seal unless the district court orders their release.
c. All other certificates shall be held by the clerk under seal, unless ordered released by the district court.
Page 32 | 5.10.4 Certificate of No-Bill procedures
A party may request that a sworn inventory or composite inventory be sealed.
4.25.4 Sealing of inventory. Any party may request that the swom inventory or any composite inventory be sealed.
Page 31 | RULE 4.25
Pre-Motion Conference Requirements
Before filing a motion, movant’s counsel must personally attempt to confer with opposing counsel to resolve the disputed matters.
Prior to the filing of a motion, movant's counsel must personally attempt to confer with opposing counsel to resolve the disputed matter(s).
Page 15 | 3.15.7 Conference requirement
A discovery motion may be deemed premature unless counsel makes a good-faith effort to resolve the issue, complies with the Texas Rules of Civil Procedure or shows good cause for not doing so, and includes a proposed order and Certificate of Conference.
A discovery motion may be deemed premature unless the movanfs counsel has: (L) made a good faith attempt to obtain the discovery or requested relief by agreement with opposing counsef (2) complied with the Texas Rules of Civil Procedure and either was unsuccessful or demonstrates good cause for not doing so; and (3) included a proposed order and a Certificate of Conference in accordance with Rule 3.15.7.
Page 16 | 3.17.1 Discovery motions
Before filing a motion, movant’s counsel must personally attempt to confer with opposing counsel to resolve the disputed matters.
4.18.7 Conference requirement. No party may file a motion without attaching a "certificate of conference" signed by movant's counsel. Prior to the filing of a motion, movant's counsel must personally attempt to confer with opposing counsel to resolve the disputed matter(s).
Page 25 | RULE 4.18 MOTIONS PRACTICE
Failing to file an objection motion waives the objection, but the court may excuse the case from automatic mediation referral if it finds a reasonable basis.
Failure to file such motion waives the objection to the referral. If *y party files a motion objecting to the automatic referral to mediation and the court finds that there is a reasonable basis for the objection, the case may be excused from the automatic referral.
Page 14 | 3.1,4.2 Obiection to automatic referral
The pre-motion conference requirement does not apply to the listed dispositive motions or motions related to service of citation.
Rule 3.15.7 does not apply to dispositive motions, including motions for summary judgment, default judgment voluntary dismissal or nonsuif post-verdict motions, or motions related to service of citation.
Page 15 | 3.15.9 Exceptions to conference requirement
Failure to hold or attempt the required conference before issuing a deposition notice is grounds to quash the deposition.
Failure to hold/attempt conference. Failure to hold a conference as referred to in Rule 3.16.4 prior to issuing a deposition notice shall be grounds to quash the deposition.
Page 16 | 3.16.5 Failure to hold/attempt conference
The party initiating a deposition must attempt to confer with opposing counsel about the deposition’s date, time, location, and materials to be produced.
The partv initiating a deposition shall attempt to confer with opposing counsel to reach an agreement on the date, time, locatioru and materials to be produced at the time of deposition.
Page 16 | 3.16.3 Attempt to agree to schedule
Parties are directed to use reasonable means to resolve pretrial disputes without judicial intervention.
4.1,8.1, Resolution. Parties are directed to use all reasonable means to resolve prehial disputes to avoid the necessity of judicial intervention.
Page 25 | RULE 4.18 MOTIONS PRACTICE
The conference requirement does not apply to dispositive motions, including the listed motions, or motions related to service of citation.
4.18.9 Exceptions to conference requirement. Exceptions to conference requirement. Rule 4.18.7 does not apply to dispositive motions, including motions for summary judgment, default judgment, voluntary dismissalornonsuif post-verdictmotions, or motions related to service of citation
Page 26 | RULE 4.18 MOTIONS PRACTICE
A discovery motion may be deemed premature unless counsel made a good-faith effort to resolve the issue, complied with the Texas Rules of Civil Procedure or showed good cause, and included a proposed order and certificate of conference.
4.19.1, Discovery motions. A discovery motion may be deemed premature unless the movant's counsel has: (1) made a good faith attempt to obtain the discovery or relief by agreement with opposing counsel; (2) complied with the Texas Rules of Civil Procedure and either was unsuccessful or demonstrates good cause for not doing so; and (3) included a proposed order and a Certificate of Conference in accordance with Rule 4.18.7.
Page 26 | RULE 4.19 DISCOVERY DISPUTES
A motion hearing may be waived if all counsel of record agree and the court is notified.
4.18.6 Waiver of hearing. Hearings on any motion may be waived with the agreement of all counsel of record, provided that notice is provided to the court.
Page 25 | RULE 4.18 MOTIONS PRACTICE
Adjournment & Extension Requirements
An announcement that trial counsel is not ready must be accompanied by a motion for continuance.
Announcements of "not ready" shall be accompanied by a motion for continuance.
Page 19 | RULE 3.21 PRETRIAL CONFERENCE
A motion to continue trial must be filed at least seven days before trial, except when extraordinary circumstances arise within that period.
Any motion to continue the trial must be filed at least seven (7) days before the scheduled trial date, except in cases of extraordinary circumstances arising within that seven-day period.
Page 21 | RULE 3.25 CONTINUANCES
A motion to continue trial must be filed at least seven days before trial, except when extraordinary circumstances arise during that seven-day period.
Any motion to continue the trial must be filed at least seven (7) days before the scheduled trial date, except in cases of extraordinary circumstances arising within that seven-day period.
Page 28 | Rule 4.22.1 Consent or notice requiied
A not-ready announcement at docket call must be accompanied by a motion for continuance.
Counsel shall announce ready or not ready for trial. An announcement of "not ready" must be accompanied by a motion for continuance.
Page 36 | 5.16.4 Docket call setting
Counsel may not pass a trial setting by agreement without the judge’s prior approval.
5-21,.1. Approval of iudge. No trial setting shall be passed by agreement of counsel without prior approval by the judge.
Page 38 | RULE 5.21 CONTINUANCES
Continuance motions by either the state or the defendant must comply with Chapter 29 of the Texas Code of Criminal Procedure.
5.21.2 Motions and timing. Motions for continuance, whether by the state or the defendant must comply with the provisions of Chapter 29 of the Code of Criminal
Page 38 | RULE 5.21 CONTINUANCES
The court will not consider a motion for continuance on the scheduled trial date unless good cause is shown.
Except for good cause shown, the court shall not consider any motion for continuiulce on the scheduled trial date.
Page 39 | Rule 5.21.4 Motions on trial date
Motions to continue a trial must be filed by docket call unless good cause is shown.
Procedure. Motions to continue a trial must be filed on or before the docket call, unless good cause is shown.
Page 39 | Rule 5.21
After docket call, only matters arising after the period specified in Rule 5.27.2 may support a trial-continuance motion.
Only matters arising subsequent to the time period specified in Rule 5.27.2wi11be considered as grounds for filing a motion for continuance for trial after docket call.
Page 39 | Rule 5.21.3 Emergency motions
A "not ready" announcement should not be made unless a motion for continuance has been filed.
A "not ready" announcement should not be made unless a motion for continuance has been filed.
Page 13 | 3.12.6 Pretrial hearing
The court will not consider a continuance or delay in a retained case's trial setting except under TRCP 165a.
No continuance or delay will be considered, except under TRCP 165a.
Page 18 | RULE 3.19.8 Retained cases trial settings
The court may rule on a continuance request without allowing a response, and party agreement does not guarantee approval.
Depending on the circumstances Presented in the motion for continuance, the court may rule on the request without providing an opportunity for response. Agreement by all parties does not mean automatic approval by the court.
Page 21 | RULE 3.25 CONTINUANCES
A continuance motion that does not meet the stated requirements will be denied without prejudice to refiling.
Any motion that does not meet these requirements will be denied without prejudice to the right to refile.
Page 22 | 3.26.2 Contents of motion
The court may rule on a continuance motion without giving an opportunity to respond, and agreement by all parties does not guarantee approval.
Depending on the circumstances presented in the motion for continuance, the court may rule on the request without providing an opportunity for response. Agreement by all parties does not mean automatic approval by the court.
Page 28 | Rule 4.22.1 Consent or notice requiied
Chambers Communication Rules
Ex parte communications with the court are prohibited, including electronic communications, except where a party has a constitutional or statutory right to communicate ex parte.
All ex-parte communications with the court by attorneys, self-represented parties and any other persons are prohibited, except in circumstiu:rces in which a party has a constifutional or statutory right to communicate with the court in an ex parte manner. This prohibition includes, but is not limited to, electronic communications.
Page 7 | RULE 2.1.4 EX-PARTECOMMUNICATIONS
Emails responding to an inquiry from the judge must be copied to all attorneys of record and self-represented parties, unless a constitutional or statutory right to communicate ex parte applies.
Emails sent to the judge's email address in response to an inquiry by the judge shall be copied to all attorneys of record, as well as any self-represented parties, except in circumstances in which a parry has a constitutional or stafutory right to communicate with the court in an ex parte manner.
Page 7 | RULE 2.1.4 EX-PARTECOMMUNICATIONS
An attorney who becomes aware of a scheduling conflict that may cause lateness must immediately notify the court coordinator and opposing counsel.
If a scheduling conflict arises that may cause an attomey to be late to a court setting, hearing, or conference, th"y must notify both the court coordinator and opposing counsel immediately upon becoming aware of the conflict.
Page 10 | 2.20.3 Duty to notify court of conflicts
Inquiries seeking information from the court must be directed to the court administrator or coordinator.
Any person seeking information from the court regarding any matter shall direct such inquiry to the court administrator or coordinator.
Page 7 | RULE 2.1.4 EX-PARTECOMMUNICATIONS
The judge may, at any time, require all communications to be by first class mail or certified mail.
The judge may, at any time, require all communications to be by first class mail or certified mail.
Page 7 | RULE 2.1.4 EX-PARTECOMMUNICATIONS
Unsolicited emails to the judge may be deleted without being opened.
Unsolicited emails sent to the judge's email address may be deleted without being opened.
Page 7 | RULE 2.1.4 EX-PARTECOMMUNICATIONS
Attorneys must promptly inform the court when they learn of any dual settings.
It is the duty of the attomey to promptly inform the court of any dual settings as soon as they are known.
Page 10 | 2.20.3 Duty to notify court of conflicts