Waller County Courts at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance may be submitted without a hearing with ten days' notice after filing the Notice of Submission.
- A continuance submission requires ten days' notice after filing.
- A continuance requires 10-day notice after filing, but may be submitted immediately if agreed or unopposed.
Communication
Phone
Clerk
Document Format Requirements15 rules
Hearing and trial setting requests must be made in writing through the respective court coordinator, and requesting attorneys must serve notice on all counsel and pro se parties.
Court's wording
Requests for hearings and trials in the 506 District Court and in the County Courts At Law Court shall be made in writing to each respective court through the court coordinator of each respective court, and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the setting request.
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 instrument.
Formatting
- •Motions and responses must be in writing
The setting request shall be in the form as posted on the Court's webpage for each respective court.
The charge shall be provided in both written form and via email, flash drive or other electronic form specified by the court.
Exhibits must be pre-markld with in;dmissiUte matters redacted (e.g. insurance).
- Exhibits
Formatting
- •Exhibits must be pre-marked with inadmissible matters redacted (e.g. insurance)
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 instrument.
- Motion
- Response
Formatting
- •Motions and responses must be in writing
Hearing and trial setting requests must be written, submitted through the court coordinator on the court's posted form, and served with notice on counsel and pro se parties.
- Setting request
Formatting
- •The request must be made in writing through the respective court's coordinator
- •The request must use the form posted on the respective court's webpage
Court's wording
Requests for hearings and trials in the 5064 District Court and in the County Courts At Law Court shall be made in writing to each respective court through the court coordinator of each respective court, and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the setting request. The setting request shall be in the form as posted on the Court's webpage for each respective court.
The setting request shall be in the form as posted on the Court's webpage for each respective court.
The charge shall be provided in both written form and via email, flash drive or other electronic form specified by the court.
All documents should be formatted for maximum readability on a computer screen and compatibility with the Office suite of programs and Microsoft Windows operating system. Fonts should be a minimum of 12 points in size; serif fonts are preferred.
- Preferred font size
- At least 12 points
Formatting
- •Serif fonts are preferred
All signature lines on orders should be formatted as follows: DATE: _" TIME:_ _" or in a substantially similar format. Any other blanks on an order or judgment, such as hearing dates, requiring "filling in" from the Court should also be formatted in a manner to allow easy editing or insertion of text through efile or Adobe Acrobat. Do not use traditional "legal" date formatting such as "on the Xth date of Y, 20. —".
The Court prefers exhibits be submitted digitally whenever possible, and computer files should be labeled according to their prospective exhibit number e.g. "Exhibit A.jpg", "Pet Ex 2.mp4".
- Exhibits
Formatting
- •Digital submission is preferred whenever possible
All exhibits should be formatted to comply with the Texas Rules of Appellate Procedure and Technology Standards of the Judicial Committee on Information Technology.
In particular, videos should be converted from any proprietary format (such as those used by older CCTV systems or cell phones) to mp4 unless age and hardware encoding make it practically impossible; the necessary hardware or codecs must be provided to the Court and opposing counsel for the video to be deemed admissible.
Jury-charge materials must be provided in written form and by email, flash drive, or another electronic form specified by the court.
Court's wording
Each party shall prepare in proper written form and present to the Court prior to trial or the jury selection all jury charge definitions, instructions and questions which are expected to be raised by the pleadings and evidence and upon which the party has an affirmative burden. The charge shall be provided in both written form and via email, flash drive or other electronic form specified by the court.
Document Filing Requirements120 rules
All motions must be agreed by the client and contain the signature of the client or be set for a hearing.
Withdrawal of counsel will only be permitted upon the filing of a motion and order granting leave to withdraw.
A copy of the leave to withdraw shall be forwarded to client, along with notice of current deadlines and settings by certified mail.
In the request for a De Novo hearing, parties shall specify the issues to be reconsidered with particularity.
Unless a written Motion to Retain is filed after receiving such notice, the case will be dismissed on the date noticed.
The parties shall mediate before final trial and certify as such;
parties requesting a waiver of mediation must file a written Motion explaining why mediation is infeasible.
A certificate of conference is required on all motions requesting a hearing and/or affirmative relief, except when agreed to or unopposed.
- Document
- Motion
Must include
- •Certificate of conference
Parties wishing to appear by Zoom must file a written motion prior to the hearing requesting such and documenting the reasons why it is necessary.
Because the Standing Order is comprehensive, Motions for Temporary Restraining Orders will only be accepted and heard if they lay out the circumstances with specificity that render the Standing Order inadequate.
Child Support and the documentation required by the attorney general must be included in the judgement or agreed final order in every suit affecting the parent-child relationship and suit for the dissolution of marriage.
If the judgement, decree, or order contains language waiving child support or agreeing to a child support amount of 0 dollars or some other nominal amount, it will be rejected.
If the foreign papers are not in English, a translated copy or a certified translation must be filed along with it.
Motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought.
- Document
- Motion or response
Must include
- •Proposed order
Such matters must show the signatures of all counsel or pro se parties. The heading of the motion shall state that it is agreed.
Opposed motions and responses shall contain a Certificate of Conference indicating that the counsel involved have attempted to resolve the dispute prior to filing of the motion or response, the date of such attempt and the manner of communication of such an attempt, or any other requirement of the court.
- Document
- Opposed motion or response
Must include
- •Certificate of conference
Upon approval of a docket control order the parties shall submit a setting request to the Court Coordinator for any trial setting.
By representing a matter as unopposed, counsel is certifying to the Court that opposing counsel is aware of the matter and has no objection to its entry.
The heading of the motion shall state that it is unopposed.
Please provide your proposed order along with your Motion for Default Judgment.
- Document
- Default judgment motion
Include
- •Proposed order
A Rule 91(a) response must follow the motion’s numerical order and identify its supporting law, facts, pleadings locations, arguments, and authorities.
Court's wording
The response shall address the motion in the same numerical order established in the motion for Dismissal of Baseless Causes of Action under Rule 91(a). Any response shall state the specific law and/or facts relied upon, identify any allegations, inferences drawn from and/or specific facts relied upon to defeat the motion, and specify where in the pleadings the allegations, inferences drawn from and/or specific facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specific references to the allegations, inferences drawn from and/or specific facts pled.
A summary-judgment motion must list its grounds in numerical order and identify the supporting facts, sources, evidence locations, arguments, and authorities.
Court's wording
The motion shall state the specific grounds thereof in numerical order and shall state the specific facts relied upon in each ground, identify the source of those facts, and specify where in the summary judgment evidence the facts are found. The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the summary judgment evidence.
A Rule 91(a) motion must state its dismissal grounds and supporting law, facts, arguments, citations, and specific references to the pleadings and evidence.
Court's wording
The motion shall state either that that the cause of action should be dismissed on the grounds that it has no basis in law or fact or both. If claim is to dismiss on the grounds that there is no basis in law, the motion shall state the specific law that if the allegations, taken as true, together with inferences reasonably drawn from them, do not entitle the claimant to relief sought. If claim is to dismiss on the grounds that there is no basis in law, the motion shall state the specific facts that show that no reasonable person could believe the facts that have been plead. The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the pleadings and evidence that show the Rule 91(a) motion should be granted.
A summary-judgment response must follow the motion’s numerical order and identify its supporting facts, sources, evidence locations, arguments, and authorities.
Court's wording
The response shall address the motion in the same numerical order established in the motion for summary judgment. The response shall state the specific facts relied upon, identify the source of those facts, and specify where in the summary judgment evidence the facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specific references to the summary judgment evidence.
The proposed order granting or denying such motion shall contain a provision for resetting the case for trial on a specific date and time.
A copy of such notice shall be filed with the papers of the cause.
Each party must prepare and present the specified jury-charge materials to the Court before trial or jury selection.
Court's wording
Each party shall prepare in proper written form and present to the Court prior to trial or the jury selection all jury charge definitions, instructions and questions which are expected to be raised by the pleadings and evidence and upon which the party has an affirmative burden.
When a defendant is no-billed, the Foreperson must sign a Certificate of No-Bill certifying that the case was presented and a no-bill was returned.
Court's wording
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 indictment, a Certificate of No-Bill shall be signed by the Foreperson certifying that the case was presented to the Grand Jury and that a no-bill was returned.
The District Attorney shall also furnish the clerk information in writing as to whether or not a non-standard bond will be sought by the State and the factors supporting same.
The District Attorney shall note on a non-substantive part of the indictment the following information: Whether there are other pending, indicted cases on the defendant; Whether the indictment is a re-indictment and; The names of any co-defendants not named in the indictment.
At arraignment, a scheduling order shall be entered setting discovery deadlines, dates of pretrial hearing, docket call and trial date.
should counsel desire that additional matters be included, a motion will be required.
Presence of the defendant is mandatory at arraignment unless excused by the court or counsel for defendant has filed a written waiver of arraignment prior to the date of the arraignment.
The clerk shall file any motion to revoke probation or any post-conviction application for writ of habeas corpus in the court having granted probation or entered the judgment in the case.
Each court will adopt a scheduling order that shall be delivered to the defendant and counsel at arraignment. The defendant and his counsel and counsel for the state shall sign the scheduling order.
Sureties requesting a release on their liability on a Bail Bond must complete an Affidavit to Release Surety and present the completed affidavit along with an Order of Surrender to the Court in which the case of the defendant is currently pending.
The Standing Order in Limine as posted on the Court's webpage shall apply to all criminal cases tried in the 506th District Court and should counsel desire that additional matters be included, a motion will be required.
The Standing Order in Limine as posted on the Court's webpage shall apply to all criminal misdemeanor cases tried in the County Court At Law No. 2 and should counsel desire that additional matters be included, a motion will be required
Trial scheduling requirements, audio-visual requirements, trial length and potential conflicts.
Trial witness list, with the same information required in the Request for Disclosure pertaining to the name, address and subject matter of the person's testimony.
Draft Jury Charge, if the jury fee has been paid; or draft Findings of Fact and Conclusions of Law for a bench trial. (Modifications are allowed andexpected as the trial progresses.)
List of parties, self-represented parties, and attorneys, including correct names (and if a business entity, the correct representative name ana titte; and adJresses.
Motions in Limine.
Deposition Excerpts or Edited Videotapes. Designate the page and line in sequence to be used at trial.
The listed materials must also be brought to the Pretrial Hearing.
Court's wording
Pursuant to Rule 166 of the Texas Rules of Civil Procedure, the following items must be furnished to opposing counsel and self-represented parties at least five (5) workiig days - prior to the Pretrial Hearing (as scheduled by the Court), and brought with you to ihe hearing.
Exhibit List. An exhibit Iist is required, with copies for opposing counsel, the Court Reporter and the Court.
Any party unable to provide such information above must file a pleading requesting an exception to this rule.
- Document
- Pleading
Must include
- •Requesting an exception to this rule
Opposed motions and responses shall contain a Certificate of Conference indicating that the counsel involved have attempted to resolve the dispute prior to filing of the motion or response, the date of such attempt and the manner of communication of such an attempt, or any other requirement of the court.
- Document
- Opposed motion or response
Must include
- •Certificate of conference
Motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought.
- Document
- Motion or response
Must include
- •Proposed order
All matters that may be submitted by agreement of all parties. On such fully agreed matters, the Court will sign the Order on presentment without a submission period. Such matters must show the signatures of all counsel or pro se parties. The heading of the motion shall state that it is agreed.
A motion labeled unopposed may be submitted without a hearing, but counsel thereby certifies opposing counsel knows of and does not object to it, and the heading must say it is unopposed.
Court's wording
Matters that are labeled Unopposed, although not agreed, may be submitted to the Court without need of a hearing. By representing a matter as unopposed, counsel is certifying to the Court that opposing counsel is aware of the matter and has no objection to its entry. The Court will sign the Order on presentment after a 3-day submission period. The heading of the motion shall state that it is unopposed.
Please provide your proposed order along with your Motion for Default Judgment.
- Document
- Default judgment motion
Include
- •Proposed order
A summary-judgment response must follow the motion's numerical order, identify supporting facts and their sources and locations, and provide a concise argument with citations and evidence references.
Court's wording
The response shall address the motion in the same numerical order established in the motion for summary judgment. The response shall state the specific facts relied upon, identify the source of those facts, and specify where in the summary judgment evidence the facts are found. The response shall set out a clear and concise argument with Page 1 1 appropriate citations to authorities relied upon and specific references to the summary judgment evidence.
A Rule 91(a) response must follow the motion's numerical order and identify its supporting law, facts, pleading locations, arguments, and authorities.
Court's wording
The response shall address the motion in the same numerical order established in the motion for Dismissal of Baseless Causes of Action under Rule 91(a). Any response shall state the specific law and/or facts relied upon, identify any allegations, inferences drawn from and/or specific facts relied upon to defeat the motion, and specify where in the pleadings the allegations, inferences drawn from and/or specific facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specific references to the allegations, inferences drawn from and/or specific facts pled.
A summary-judgment motion must state its grounds in numerical order, identify the supporting facts and their sources and locations, and include concise arguments with citations and evidence references.
Court's wording
The motion shall state the specific grounds thereof in numerical order and shall state the specific facts relied upon in each ground, identify the source of those facts, and specify where in the summary judgment evidence the facts are tound. The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the summary judgment evidence.
Filing & Service rules
Electronic Filing Rules
Civil cases involving more than $500 and up to $250,000, probate and Texas Estates Code cases, and Juvenile cases must be e-filed with the County Clerk's office.
All civil cases in which the matter in controversy exceeds $500 but does not exceed $250,000, probate cases and cases filed under the Texas Estates Code, and Juvenile cases shall be efiled with the County Clerk's office and assigned amongst the courts as outlined in Rule 1.3 above.
Page 4 | RULE 3.1 GENERAL
Civil cases involving more than $250,000 and Family Law cases, including DFPS cases, must be e-filed with the District Clerk's office.
All civil cases in which the matter in controversy exceeds $250,000 and all Family Law cases (including Department of Family & Protective Services (DFPS) cases) shall be efiled with the District Clerk's office and assigned amongst the courts as outlined in Rule 1.3 above.
Page 4 | RULE 3.1 GENERAL
Civil cases involving more than $500 and no more than $250,000, probate and Texas Estates Code cases, and juvenile cases must be e-filed with the County Clerk's office.
All civil cases in which the matter in controversy exceeds $500 but does not exceed $250,000, probate cases and cases filed under the Texas Estates Code, and Juvenile cases shall be efiled with the County Clerk's office and assigned amongst the courts as outlined in Rule 1.3
Page 8 | Rule 3.1 General
Civil cases involving more than $250,000 and all Family Law and DFPS cases must be e-filed with the District Clerk's office.
All civil cases in which the matter in controversy exceeds $250,000 and all Family Law cases (including Department of Family & Protective Services (DFPS) cases) shall be efiled with the District Clerk's office and assigned amongst the courts as'outlined in Rule 1.3 above.
Page 8 | Rule 3.1 General
Civil cases with more than $250,000 in controversy and all Family Law cases, including DFPS cases, must be e-filed with the District Clerk's office.
All civil cases in which the matter in controversy exceeds $250,000 and all Family Law cases (including Department of Family & Protective Services (DFPS) cases) shall be e-filed with the District Clerk's office and assigned amongst the courts as outlined in Rule 1.3 above.
Page 4 | RULE 3.1 GENERAL
Civil cases with more than $500 and no more than $250,000 in controversy, probate and Texas Estates Code cases, and Juvenile cases must be e-filed.
All civil cases in which the matter in controversy exceeds $500 but does not exceed $250,000, probate cases and cases filed under the Texas Estates Code, and Juvenile cases shall be e-filed with
Page 4 | RULE 3.1 GENERAL
CCL1 operates as a paperless court.
CCL1 is paperless.
Page 9 | 16. Document formatting
Filing Timing and Cure Windows
A party waives the right to a de novo hearing by failing to make a timely, specific objection before the proceeding begins.
Failure to make a timely and specific objection to the Associate Judge before the start of the proceeding in question shall constitute a waiver of the right to a De Novo hearing.
Page 5 | Section III - Procedure
An objection to a matter set for submission must be filed in writing before 9:00 a.m. on the noticed date.
Any party objecting to a matter set for submission must do so in writing before 9:00am on the date noticed.
Page 6 | Section III - Procedure
An objection to a Zoom appearance must be made at the first available opportunity or it will be considered waived.
parties objecting to a Zoom appearance must do so at the first available opportunity or the objection will be considered waived.
Page 7 | 10. Zoom/Videotelephonic Appearance
A motion requesting a Zoom appearance must be filed before the hearing.
Parties wishing to appear by Zoom must file a written motion prior to the hearing requesting such and documenting the reasons why it is necessary.
Page 7 | 10. Zoom/Videotelephonic Appearance
A jury demand may not be withdrawn less than three weeks before trial.
no jury demand may be withdrawn less than 3 weeks from trial in order to limit inconvenience and waste of time to potential jurors.
Page 10 | 18. Jury Trials in Civil and Family Cases
Responses must be filed before the hearing date.
Responses shall be filed before the hearing date.
Page 5 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Response
Special exceptions may be presented without a hearing with ten days' notice after filing the Notice of Submission.
Special Exceptions: presentment without hearing: 10-days notice after filing.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
Responses must be in the Clerk's file before the submission date or they will not be considered.
Responses must be in the Clerk's file prior to the submission date or they will not be considered.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A substitution of counsel may be submitted without a hearing with three days' notice after filing the Notice of Submission.
Substitution of Counsel: 3-days notice after filing.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
If a substitution of counsel will affect a hearing or trial setting, ten days' notice is required.
If substitution will affect any hearing or trial setting, 10-days notice will be required.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A default-judgment motion requires three days' notice after the motion is filed and may be submitted at any time after fifteen days from the answer date.
Default Judgments: 3-days notice after filing of the Motion, with the Motion submitted at any time following 15-days after the answer date.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A motion for leave to designate a responsible third party may be submitted without a hearing after ten days from filing the Notice of Submission.
Motion for Leave to Designate Responsible Third Party: 10-days after filing.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A motion for entry of order may be submitted without a hearing with ten days' notice after filing the Notice of Submission.
Motion for Entry of Order: 10-days notice after filing.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A motion to withdraw without client consent may be submitted without a hearing with ten days' notice after filing the Notice of Submission.
Motion To Withdraw: Without client consent: 10-days notice after filing.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A response not filed within the submission period may be treated as no opposition, and responses must be in the Clerk’s file before the submission date to be considered.
Failure to file a response within the submission time period may be considered a representation of no opposition to the motion or matter. Responses must be in the Clerk's file prior to the submission date or they will not be considered.
Page 8 | Submission Guidelines for Summary Judgment Rule 166(b) TRCP
The required jury-charge materials must be presented before trial or jury selection.
Each party shall prepare in proper written form and present to the Court prior to trial or the jury selection all jury charge definitions, instructions and questions which are expected to be raised by the pleadings and evidence and upon which the party has an affirmative burden.
Page 9 | RULE 3.10 JURY CHARGE, DEFINITIONS, INSTRUCTIONS AND QUESTIONS
A contested case must be tried or dismissed within six months of the later of the appearance date or expiration of any required Family Code waiting period.
Contested cases shall be tried or dismissed within 6 months from the appearance date or within 6 months from the expiration of the waiting period provided by the Family Code where such is required, whichever is later.
Page 10 | RULE 4.2 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION
A written motion to retain must be filed before the dismissal date stated in the notice, or the case will be dismissed.
Unless a written motion to retain has been filed prior to the dismissal date, as set forth in the notice of intention to dismiss, such case shall be dismissed.
Page 10 | RULE 3.12 DISMISSAL DOCKET; INVOLUNTARY DISMISSALS — C. Motion to Retain
An uncontested case must be tried or dismissed within three months of the later of the appearance date or expiration of any required Family Code waiting period.
Uncontested cases shall be tried and or dismissed within 3 months from appearance date or within 3 months from the expiration of the waiting period provided by the Family Code where such is required, whichever is later.
Page 10 | RULE 4.2 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION
A written waiver of arraignment must be filed before the arraignment date to excuse the defendant's presence on that basis.
Presence of the defendant is mandatory at arraignment unless excused by the court or counsel for defendant has filed a written waiver of arraignment prior to the date of the arraignment.
Page 13 | RULE 5.6 ARRAIGNMENT
Summer vacation designations must be filed with the Clerk by May 15; they protect against trial during the designated weeks unless a trial-setting order was signed before filing.
Written designation for vacation weeks during June, July, or August must be filed with the Clerk of the Court by May 15. Summer vacations so designated will protect the attorney from trials during those summer weeks, unless an order setting the case for trial was signed before the designation was filed.
Page 17 | RULE 8: ATTORNEY VACATIONS — B. SUMMER VACATIONS
Written non-summer vacation designations must be filed at least 14 days before the requested period; non-summer vacation weeks may not exceed two consecutive weeks and do not protect against a trial order signed before filing.
Written designations for vacations in months other than June, July, or August must be filed with the Clerk of the Court no later than fourteen (14) days prior to the requested vacation period. Non-summer vacation weeks may not run consecutively for more than two weeks at a time. Non-summer vacation weeks so designated will not protect an attorney from a trial by an order signed before the date the designation is filed.
Page 17 | RULE 8: ATTORNEY VACATIONS — C. NON-SUMMER VACATIONS
For an unopposed matter, the court will sign the order on presentment after a three-day submission period.
The Court will sign the Order on presentment after a 3-day submission period.
Page 10 | RULE 3.6. PRE-TRIAL MOTIONS — A. Submission Guidelines
If a substitution of counsel will affect a hearing or trial setting, ten days' notice is required.
If substitution will affect any hearing or trial setting, 10-days notice will be required.
Page 10 | RULE 3.6. PRE-TRIAL MOTIONS — A. Submission Guidelines
A response must be in the Clerk's file before the submission date to be considered.
Responses must be in the Clerk's file prior to the submission date or they will not be considered.
Page 10 | RULE 3.6. PRE-TRIAL MOTIONS — A. Submission Guidelines
Special exceptions may be presented without a hearing with ten days' notice after filing.
Special Exceptions: presentment without hearing: 10-days notice after filing.
Page 10 | RULE 3.6. PRE-TRIAL MOTIONS — A. Submission Guidelines
A motion for entry of order requires ten days' notice after filing.
Motion for Entry of Order: 10-days notice after filing.
Page 10 | RULE 3.6. PRE-TRIAL MOTIONS — A. Submission Guidelines
A default-judgment motion requires three days' notice after filing and may be submitted only after fifteen days have passed from the answer date.
Default Judgments: 3-days notice after filing of the Motion, with the Motion submitted at any time following 15-days after the answer date.
Page 10 | RULE 3.6. PRE-TRIAL MOTIONS — A. Submission Guidelines
Substitution of Counsel: 3-days notice after filing.
Substitution of Counsel: 3-days notice after filing.
Page 10 | RULE 3.6. PRE-TRIAL MOTIONS — A. Submission Guidelines
A motion to withdraw without client consent requires ten days' notice after filing.
Motion To Withdraw: Without client consent: 10-days notice after filing.
Page 10 | RULE 3.6. PRE-TRIAL MOTIONS — A. Submission Guidelines
A motion for leave to designate a responsible third party may be submitted ten days after filing.
Motion for Leave to Designate Responsible Third Party: 10-days after filing.
Page 10 | RULE 3.6. PRE-TRIAL MOTIONS — A. Submission Guidelines
A response must be in the Clerk's file before the submission date or it will not be considered, and a failure to respond may be treated as indicating no opposition.
Failure to file a response within the submission time period may be considered a representation of no opposition to the motion or matter. Responses must be in the Clerk's file prior to the submission date or they will not be considered.
Page 12 | Submission Guidelines for Summary Judgment Rule 166(b) TRCP
A written motion to retain must be filed before the dismissal date stated in the notice to avoid dismissal.
Unless a written motion to retain has been filed prior to the dismissal date, as set forth in the notice of intention to' dismiss, such case shall be dismissed.
Page 13 | RULE 3.12 DISMISSAL DOCKET: INVOLUNTARY DISMISSALS — C. Motion to Retain
Contested family-law cases must be tried or dismissed within six months of the later of the appearance date or the expiration of any required Family Code waiting period.
Contested cases shall be tried or dismissed within 6 months from the appearance date or within 6 months from the expiration of the waiting period provided by the Family Code where such is required, whichever is later.
Page 14 | RULE 4.2 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION
Uncontested family-law cases must be tried or dismissed within three months of the later of the appearance date or the expiration of any required Family Code waiting period.
Uncontested cases shall be tried and or dismissed within 3 months from appearance date or within 3 months from the expiration of the waiting period provided by the Family Code where such is required, whichever is later.
Page 14 | RULE 4.2 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION
Written designations for summer vacation weeks must be filed with the Clerk by May 15; they do not protect against a trial set by an order signed before filing.
Written designation for vacation weeks during June, July, or August must be filed with the Clerk of the Court by May 15. Summer vacations so designated will protect the attorney from trials during those summer weeks, unless an order setting the case for trial was signed before the designation was filed.
Page 19 | RULE 7 — ATTORNEY VACATIONS, B. SUMMER VACATIONS
Written designations for non-summer vacation must be filed at least 14 days before the requested period; designated weeks do not protect against a trial set by an order signed before filing.
Written designations for vacations in months other than June, July, or August must be filed with the Clerk of the Court no later than fourteen (14) days prior to the requested vacation period. Non-summer vacation weeks may not run consecutively for more than two weeks at a time. Non-summer vacation weeks so designated will not protect an attorney from a trial by an order signed before the date the designation is filed.
Page 19 | RULE 7 — ATTORNEY VACATIONS, C. NON-SUMMER VACATIONS
After reasonable efforts to obtain cooperation fail, the complying party must file a motion to compel mediation at least 45 days before trial and set it on a submission docket before trial.
If a party is unable to get cooperation from the opposing side to schedule mediation prior to final trial after reasonable effort to obtain same, the complying party IS ORDERED to file a motion to compel mediation at least 45 days prior to trial, and set same on a submission docket prior to trial.
Page 1 | Mediation requirement and scheduling
The order takes effect when the original petition is filed, remains a temporary restraining order for 14 days, and continues as a temporary injunction if no party contests it by then.
This order is effect upon the filing of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen (14) days after the date of the filing of the original petition. If no party contests this order by demanding a hearing or presenting other evidence to the Court on or before the expiration of the fourteen days after the date of the filing of the original petition, this order shall continue in full force and effect as a temporary injunction until further order of the court. This order will terminate upon the signing of a final order.
Civil cases
Page 7 | 8. SERVICE AND APPLICATION OF THIS ORDER
Responses must be filed before the hearing; failure to respond may be treated as a representation of no opposition.
Responses shall be filed before the hearing date. Failure to file a response may be considered a representation of no opposition.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS, A. Pre-Trial Motions, Response
A motion to withdraw requires 10-day notice after filing without client consent; signed client consent permits immediate submission.
Motion to Withdraw: Without client consent: 10-day notice after filing. With signed client consent: immediate submission.
Page 7 | Motion to Withdraw
A default judgment motion requires 3 days’ notice after filing and may be submitted any time after 15 days following the answer date.
Default Judgments: 3-days notice after filing of the Motion, with the Motion submitted at any time following 15-days after the answer date.
Page 7 | Default Judgments
A motion for leave to designate a responsible third party requires 10 days after filing before submission.
Motion for Leave to Designate Responsible Third Party: 10-days after filing.
Page 7 | Motion for Leave to Designate Responsible Third Party
Service and Proof of Service Rules
The client must be sent a copy of the withdrawal order and notice of current deadlines and settings by certified mail.
A copy of the leave to withdraw shall be forwarded to client, along with notice of current deadlines and settings by certified mail.
Page 5 | Section III - Procedure
In a family law case, each litigant must serve the other party with the Standing Restraining Order along with their pleadings.
all litigants in a family law case are required to serve the other party with a copy of the Standing Restraining Order with their pleadings.
Page 7 | 9. Ex Parte/Temporary Restraining Orders/Standing Order
Before a Temporary Orders hearing, parties must provide the opposing party a financial information sheet, two years of tax returns, three months of pay stubs, health insurance information, a specific Request for Relief, and a basic property inventory.
Prior to the Temporary Orders hearing parties must provide the following to the opposing party, regardless of the progress of formal Discovery: a. A financial information sheet (as laid out in or substantially similar to that in the Texas Family Law Practice Manual) b. Tax returns for the past two years; c. Pay stubs for the past three months; d. Information regarding Health Insurance coverage on the parties and their children; and e. A Request for Relief setting out the specific relief requested for temporary orders. f. Basic inventory of property
Page 8 | 11. Temporary Orders
Attorneys requesting a hearing or trial setting must serve notice of the request on all counsel and parties appearing pro se.
the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the setting request.
Page 5 | RULE 3.5 DOCKET SETTINGS — A. Setting Requests
Summary-judgment motions may be submitted without a hearing, and opposing counsel must receive the required notice 30 days after filing for both standard and no-evidence motions.
Motions for Summary Judgment Rule 166(b) TRCP may be filed under submission. The Court will follow Rule 166(b) TRCP for submission filings regarding motions for summary judgment, save and except, the 21 day notice to opposing counsel requirement under section (c) of Rule 166(a) of the TRCP is extended to 30-days after filing for both standard and no-evidence motions for summary judgment. This will allow the 21-day notice, plus additional time for weekends, holidays and mailing to take effect.
Page 8 | Submission Guidelines for Summary Judgment Rule 166(b) TRCP
When a case is placed on the dismissal docket, the Court must promptly send notice of its intention to dismiss to each attorney of record and each pro se party whose address appears in the clerk’s file.
When a case has been placed on the dismissal docket, the Court shall promptly send notice of the Court's intention to dismiss for want of prosecution to each attorney of record and pro se party whose address is shown in the clerk's file.
Page 9 | RULE 3.12 DISMISSAL DOCKET; INVOLUNTARY DISMISSALS — B. Notice
Notice that the dismissal order has been signed must be given as required by Texas Rule of Civil Procedure 165a.
Notice of the signing of the order of dismissal shall be given as required by Rule 165a of the Texas Rules of Civil Procedure.
Page 10 | RULE 3.12 DISMISSAL DOCKET; INVOLUNTARY DISMISSALS — C. Motion to Retain
If the defendant is under arrest, a copy of the Certificate of No-Bill must be delivered immediately to the Sheriff and the defendant.
1. 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 12 | RULE 5.1 GRAND JURIES AND ASSIGNMENT OF CASES
If the defendant is under bond, a copy of the Certificate of No-Bill must be delivered immediately to the surety and the defendant.
2. Defendant Under Bond: A copy of the certificate shall be delivered to the surety (bondsman) and the defendant immediately.
Page 12 | RULE 5.1 GRAND JURIES AND ASSIGNMENT OF CASES
The State must furnish discovery under Article 39.14 no later than seven days before the pretrial hearing, and defense counsel must register for and accept discovery through the District Attorney's e-discovery portal.
The State of Texas is hereby ordered to furnish discovery to the defendant as provided in Article 39.14 of the Code of Criminal Procedure. Said discovery shall be furnished no later than seven (7) days prior to the pretrial hearing as set forth herein. Counsel for defendant shall register for the e-discovery portal with the Waller County District Attorney's office for discovery and accept discovery in that format.
Page 13 | RULE 5.8 STANDING DISCOVERY ORDER
In bond-forfeiture proceedings, the defendant and sureties must be served with citation.
The Judgment Nisi proceedings will be docketed as a civil matter in the court that ordered the forfeiture and the defendant and his sureties shall be served with citation.
Page 13 | RULE 5.4 BOND FORFEITURE
Sureties must receive 45 days' advance notice of any trial setting.
The sureties shall be given forty-five days advance notice of any trial setting.
Page 13 | RULE 5.4 BOND FORFEITURE
The listed materials must be furnished to opposing counsel and self-represented parties at least five working days before the scheduled Pretrial Hearing.
Pursuant to Rule 166 of the Texas Rules of Civil Procedure, the following items must be furnished to opposing counsel and self-represented parties at least five (5) workiig days - prior to the Pretrial Hearing (as scheduled by the Court), and brought with you to ihe hearing.
Civil cases
Page 1 | STANDING TRIAL PREPARATION ORDER
Attorneys requesting a hearing or trial setting must serve notice of the request on all counsel and pro se parties.
the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the setting request.
Page 9 | RULE 3.5 DOCKET SETTINGS — A. Setting Requests
For standard and no-evidence summary-judgment motions filed under submission, the notice period to opposing counsel is extended to 30 days after filing.
Motions for Summary Judgment Rule 166(b) TRCP may be filed under submission. The Court will follow Rule 166(b) TRCP for submission filings regarding motions for summary judgment, save and except, the 21 day notice to opposing counsel requirement under section (c) of Rule 166(a) of the TRCP is extended to 30-days after filing for both standard and no-evidence motions for summary judgment.
Page 12 | Submission Guidelines for Summary Judgment Rule 166(b) TRCP
If the defendant is under arrest, the District Clerk must immediately deliver a copy of the Certificate of No-Bill to the Sheriff and the defendant.
1. 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 15 | RULE 5.1 GRAND JURIES AND ASSIGNMENT OF CASES; B. Grand Jury Minute Book
If the defendant is under bond, the District Clerk must immediately deliver a copy of the Certificate of No-Bill to the surety and the defendant.
2. Defendant Under Bond: A copy of the certificate shall be delivered to the surety (bondsman) and the defendant immediately.
Page 15 | RULE 5.1 GRAND JURIES AND ASSIGNMENT OF CASES; B. Grand Jury Minute Book
Defense counsel must register for the District Attorney’s e-discovery portal and accept discovery in that format.
Counsel for defendant shall register for the e-discovery portal with the Waller County District Attorney's office for discovery and accept discovery in that format.
Page 17 | RULE 5.8 STANDING DISCOVERY ORDER
The scheduling order must be delivered to the defendant and counsel at arraignment.
Each court will adopt a scheduling order that shall be delivered to the defendant and counsel at arraignment.
Page 17 | RULE 5.7 SCHEDULING ORDER
Sureties must receive forty-five days advance notice of any trial setting.
The sureties shall be given forty-five days advance notice of any trial setting.
Page 17 | RULE 5.4 BOND FORFEITURE
The defendant and sureties must be served with citation in the bond forfeiture proceeding.
the defendant and his sureties shall be served with citation.
Page 17 | RULE 5.4 BOND FORFEITURE
The State must furnish discovery to the defendant under Article 39.14 no later than seven days before the pretrial hearing.
The State of Texas is hereby ordered to furnish discovery to the defendant as provided in Article 39.14 of the Code of Criminal Procedure. Said discovery shall be furnished no later than seven (7) days prior to the pretrial hearing as set forth herein.
Page 17 | RULE 5.8 STANDING DISCOVERY ORDER
Attorneys requesting a hearing or trial setting must serve notice of the request on all counsel and self-represented parties.
and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the setting request.
Page 5 | RULE 3.5 DOCKET SETTINGS, A. Setting Requests
Notice that the dismissal order was signed must be given as required by Rule 165a.
Notice of the signing of the order of dismissal shall be given as required by Rule 165a of the Texas Rules of Civil Procedure.
Page 11 | C. Motion to Retain
The Court must promptly send notice of its intent to dismiss to attorneys of record and pro se parties with addresses in the clerk’s file, and file a copy of the notice with the case papers.
When a case has been placed on the dismissal docket, the Court shall promptly send notice of the Court's intention to dismiss for want of prosecution to each attorney of record and pro se party whose address is shown in the clerk's file. A copy of such notice shall be filed with the papers of the cause.
Page 11 | B. Notice
If the defendant is under bond, a copy of the Certificate of No-Bill must be delivered immediately to the surety and the defendant.
2. Defendant Under Bond: A copy of the certificate shall be delivered to the surety (bondsman) and the defendant immediately.
Page 13
If the defendant is under arrest, a copy of the Certificate of No-Bill must be delivered immediately to the Sheriff and the defendant.
1. 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 13
Sureties must receive 45 days' advance notice of any trial setting.
The sureties shall be given forty-five days advance notice of any trial setting.
Page 14 | RULE 5.4 BOND FORFEITURE
The defendant and the sureties must be served with citation in bond-forfeiture proceedings.
The defendant and his sureties shall be served with citation.
Page 14 | RULE 5.4 BOND FORFEITURE
If the defendant is under arrest, the District Clerk must immediately deliver a copy of the Certificate of No-Bill to the Sheriff and the defendant.
1. 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 15 | Rule 5.I(B) Grand Jury Minute Book
If the defendant is under bond, a copy of the Certificate of No-Bill must be delivered immediately to the surety and the defendant.
2. Defendant Under Bond: A copy of the certificate shall be delivered to the surety (bondsman) and the defendant immediately.
Page 15 | Rule 5.I(B) Grand Jury Minute Book
Sureties must receive 45 days’ advance notice of any trial setting.
The sureties shall be given forty-five days advance notice of any trial sefting.
Page 17 | RULE 5.4 BOND FORFEITURE
The State must furnish discovery no later than seven days before the pretrial hearing, and defense counsel must register for and accept discovery through the District Attorney’s e-discovery portal.
The State of Texas is hereby ordered to fumish discovery to the defendant as provided in Article 39. 14 of the Code of Criminal Procedure. Said discovery shall be fumished no later than seven (7) days prior to the pretrial hearing as set forth herein. Counsel for defendant shall register for the e-discovery portal with the Waller County District Attorney's office for discovery and accept discovery in that format.
Page 17 | RULE 5.8 STANDING DISCOVERY ORDER
The defendant and sureties must be served with citation in the Judgment Nisi proceedings.
The Judgment Nisi proceedings will be docketed as a civil matter in the court that ordered the forfeiture and the defendant and his sureties shall be served with citation.
Page 17 | RULE 5.4 BOND FORFEITURE
Motions to withdraw may be noticed by submission with proper service on client and opposing counsel.
Motions to withdraw may be noticed by submission with proper service on client and opposing counsel.
Page 5 | Section III - Procedure
Notices and other papers will not be served by physical mail, except for initial-setting notices in criminal cases and service to incarcerated parties.
No notices or other papers will be served by physical mail except for notices of initial setting in criminal cases, and to incarcerated parties.
Page 9 | 16.a. Contact with the Court
Absent those materials required to be sealed or redacted by law, all exhibits and evidence should be marked and exchanged before trial or the hearing, regardless of later admissibility.
Absent those materials required to be sealed or redacted by law, all exhibits and evidence should be marked and exchanged before trial or the hearing, regardless of later admissibility.
Page 9 | 16.b. Exhibits
The court directs parties to its webpage for certificates of service on pleadings and warns that failing to notify opposing counsel of a submitted matter may lead to sanctions and costs.
Please see Court Quirks on the 5064 District Court Webpage regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.
Page 7 | Submission Guidelines for Motions for Dismissal of Baseless Causes of Action Rule 91(a) TRCP
The court directs parties to its webpages for certificates of service on pleadings and warns that failing to notify opposing counsel of a submitted matter may lead to sanctions and costs.
Please see Court Quirks on the 506 District Court's and each County Court At Law's Webpage regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.
Page 7 | Rule 3: Civil Cases
The court directs parties to its webpages for certificates of service on pleadings and warns that failing to notify opposing counsel of a submitted matter may lead to sanctions and costs.
Please see Court Quirks on the 506* District Court and each County Court At Law's Webpage regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.
Page 8 | Submission Guidelines for Summary Judgment Rule 166(b) TRCP
Failure to properly notify opposing counsel of a submitted matter may result in sanctions and costs against the offending party and counsel.
Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.
Page 10 | RULE 3.6. PRE-TRIAL MOTIONS — A. Submission Guidelines
The court directs filers to its Court Quirks webpage for service-certificate instructions and warns that failure to notify opposing counsel of a submitted matter may lead to sanctions and costs.
Please see Court Quirks on the 506" District Court Webpage regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.
Page 11 | Submission Guidelines for Motions for Dismissal of Baseless Causes of Action Rule 91(a) TRCP
Sealing & Redaction Procedures
All other certificates must be held by the clerk under seal unless the 506th District Court orders their release.
3. All other certificates shall be held by the clerk under seal, unless ordered released by the 506h District court.
Page 12 | RULE 5.1 GRAND JURIES AND ASSIGNMENT OF CASES
The District Clerk must restrict public access to pleadings, orders, and documents in the specified DFPS suits, allowing access only to DFPS, the parties and their attorneys, the attorney ad litem, and the guardian ad litem, unless the Court specifically orders otherwise.
IT IS THEREFORE ORDERED that public access to pleadings, orders, and documents filed in a suit brought by DFPS pursuant to Chapters 261, 262, and 264 of the Texas Family Code are to be restricted and shall be maintained by the District Clerk of Waller County as such. The Clerk of the Court shall not allow public access to these pleadings, orders, and documents other than to DFPS, the parties, their attorneys, the attorney ad litem and the guardian ad litem unless specifically permitted and ordered by this Court.
Civil cases
Page 1 | STANDING ORDER REGARDING PUBLIC ACCESS TO DEPS COURT RECORDS
The clerk must hold all other certificates under seal unless the 506th District Court orders their release.
3. All other certificates shall be held by the clerk under seal, unless ordered released by the 506h District court.
Page 15 | RULE 5.1 GRAND JURIES AND ASSIGNMENT OF CASES; B. Grand Jury Minute Book
The clerk must hold all other certificates under seal unless the 506th District Court orders their release.
3. All other certificates shall be held by the clerk under seal, unless ordered released by the 506th District court.
Page 13
The clerk must hold all other certificates under seal unless the 506th District Court orders their release.
3. All other certificates shall be held by the clerk under seal, unless ordered released by the 5066 District court.
Page 16 | Rule 5.I(B) Grand Jury Minute Book
Pre-Motion Conference Requirements
Before filing a certificate of conference, the movant must try to confer with opposing counsel; absent an emergency, the movant must make at least three contact attempts during regular business hours on at least two separate business days.
To comply with the requirements of a Certificate of Conference, movant shall attempt to contact counsel for the respondent to hold or schedule a conference to resolve the disputed matters. Unless an emergency exists, counsel for the movant shall make at least three (3) attempts to contact counsel for the respondent. The attempts shall be made during regular business hours on at least two separate business days.
Page 6 | Section III - Procedure
For opposed motions and responses, counsel must attempt to resolve the dispute before filing and include a Certificate of Conference stating the date and manner of the attempt, subject to any other court requirement.
Opposed motions and responses shall contain a Certificate of Conference indicating that the counsel involved have attempted to resolve the dispute prior to filing of the motion or response, the date of such attempt and the manner of communication of such an attempt, or any other requirement of the court.
Page 5 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Certificate of Conference
For opposed motions and responses, counsel must attempt to resolve the dispute before filing.
Opposed motions and responses shall contain a Certificate of Conference indicating that the counsel involved have attempted to resolve the dispute prior to filing of the motion or response
Page 9 | RULE 3.6. PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Certificate of Conference
Before submitting temporary orders to the court, the parties must confer and certify the conference and attend mediation if necessary.
The parties are ORDERED to confer and certify said conference, and attend mediation, if necessary, on temporary orders before submission to the court.
Civil cases
Page 8 | 10. PARTIES ENCOURAGED TO MEDIATE
The parties must mediate all issues to be submitted at final trial before the trial proceeds, unless the Court waives the requirement on a party’s motion or for good cause.
The parties are ORDERED to mediate on all issues to be submitted to the court at final trial before final trial will proceed. The Court may waive this requirement on the motion of one or both parties or upon good cause shown.
Civil cases
Page 8 | 10. PARTIES ENCOURAGED TO MEDIATE
Parties are advised to mediate and confer about Temporary Orders and certify that they did so in any motion for Temporary Orders.
Parties should mediate and confer on Temporary Orders, and certify as such in any Motion for Temporary Orders, to reduce the number of issues to be tried to the court and keep the length of the hearing manageable.
Page 8 | 11. Temporary Orders
Other matters may be submitted only with the Court's consent.
Other matters: With consent of the Court.
Page 10 | RULE 3.6. PRE-TRIAL MOTIONS — A. Submission Guidelines
Fully agreed matters may be submitted without a hearing, and the court will sign the order on presentment without a submission period.
All matters that may be submitted by agreement of all parties. On such fully agreed matters, the Court will sign the Order on presentment without a submission period.
Page 9 | RULE 3.6. PRE-TRIAL MOTIONS — A. Submission Guidelines
A reply may be filed after the response and before the court rules.
A reply may be filed at any time after a response is filed prior to the court's ruling.
Page 9 | RULE 3.6. PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Response
A matter labeled unopposed may be submitted to the court without a hearing.
Matters that are labeled Unopposed, although not agreed, may be submitted to the Court without need of a hearing.
Page 10 | RULE 3.6. PRE-TRIAL MOTIONS — A. Submission Guidelines
The parties are encouraged to settle amicably and use alternative dispute resolution, including mediation; the court will look favorably on agreed modifications to the order.
The parties are encouraged to settle their disputes amicably without court intervention. The parties are encouraged to use alternative dispute resolution methods such as mediation, to resolve the conflicts that may arise in this lawsuit. The court will look favorably on agreed modifications to this order.
Civil cases
Page 8 | 10. PARTIES ENCOURAGED TO MEDIATE
Adjournment & Extension Requirements
If the attorney already has a setting when filing a vacation notice, the attorney must notify opposing counsel and the Court Coordinator and file an agreed reset or a continuance motion, obtaining a court ruling.
In the event an attorney already has a setting at the time the vacation notice is filed, it shall be the attorney's responsibility to notify opposing counsel and the Court Coordinator and either file an agreed reset or a motion for continuance and obtain a ruling by the Court.
Page 5 | Section III - Procedure
A continuance may be submitted without a hearing with ten days' notice after filing the Notice of Submission.
Continuance: 10-days notice after filing.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A motion to continue the trial setting must be presented to the court pursuant to the Texas Rules of Civil Procedure.
Any motion for continuance of the trial setting shall be presented to the court pursuant to the Texas Rules of Civil •Procedure.
Page 8 | RULE 3.8 CONTINUANCES
Continuance motions by either the State or the defendant must comply with the Code of Criminal Procedure and be presented and considered under the scheduling order; the final sentence is incomplete in the source.
All motions for continuance, whether filed by the State or the defendant, must comply with the applicable law contained in the Code of Criminal Procedure and must be presented to and considered by the court in accordance with the scheduling order. Except for good cause shown and upon compliance with these rules, the court shall not consider
Page 14 | RULE 5.11 MOTIONS FOR CONTINUANCE
A continuance submission requires ten days' notice after filing.
Continuance: 10-days notice after filing.
Page 10 | RULE 3.6. PRE-TRIAL MOTIONS — A. Submission Guidelines
A motion to continue a trial setting must be presented to the court pursuant to the Texas Rules of Civil Procedure.
Any motion for continuance of the trial setting shall be presented to the court pursuant to the Texas Rules of Civil Procedure.
Page 12 | RULE 3.8 CONTINUANCES
Continuance motions must comply with applicable law and the scheduling order; the court will not consider one on the scheduled trial date except for good cause shown and compliance with the rules.
All motions for continuance, whether filed by the State or the defendant, must comply with the applicable law contained in the Code of Criminal Procedure and must be presented to and considered by the court in accordance with the scheduling order. Except for good cause shown and upon compliance with these rules, the court shall not consider any motion for continuance on the scheduled trial date.
Page 17 | RULE 5.11 MOTIONS FOR CONTINUANCE
A continuance requires 10-day notice after filing, but may be submitted immediately if agreed or unopposed.
Continuance: 10-day notice after filing. Immediate submission if agreed or unopposed.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS, A. Pre-Trial Motions, Submission Guidelines
A motion to continue a trial setting must be presented to the court under the Texas Rules of Civil Procedure.
Any motion for continuance of the trial setting shall be presented to the court pursuant to the Texas Rules of Civil Procedure.
Page 9 | RULE 3.8 CONTINUANCES
Continuance motions by either the State or the defendant must comply with applicable law and be presented to and considered by the court according to the scheduling order.
All motions for continuance, whether filed by the State or the defendant, must comply with the applicable law contained in the Code of Criminal Procedure and must be presented to and considered by the court in accordance with the scheduling order.
Page 15 | RULES.11 MOTIONS FOR CONTINUANCE
Continuance motions must comply with applicable law and the scheduling order; the court will not consider one on the scheduled trial date unless good cause is shown and the rules are followed.
All motions for continuance, whether filed by the State or the defendant, must comply with the applicable law contained in the Code of Criminal Procedure and must be presented to and considered by the court in accordance with the scheduling order. Except for good cause shown and upon compliance with these rules, the court shall not consider any motion for continuance on the scheduled trial date.
Page 17 | RULE 5.II MOTIONS FOR CONTINUANCE
Withdrawal or substitution of counsel does not adjust docket-control deadlines, including the final trial date, absent extenuating circumstances.
Absent extenuating circumstances, withdrawal or substitution of counsel will not serve to adjust any deadlines previously set out on a docket control order, including the final trial date.
Page 5 | Section III - Procedure
Attorneys should defer to Waller County settings over Harris County settings; late notice or failure to make a prior protective-order request will likely result in denial of a continuance based on a trial conflict.
Attorneys are expected to give deference to Waller County settings, especially trial and jury trial settings, over Harris County settings. Late or last-minute notice to the Court or failure to make a prior request for a protective order will likely result in a denial of a continuance filed based on a trial conflict.
Page 10 | 17. Conflicts
Parties may request additional time beyond the final trial date to enter agreed final orders by sending an agreed, joint email to the court coordinator.
If the parties are requesting additional time (beyond the Final Trial date) to enter agreed final orders pursuant to a mediated settlement agreement, then the parties may request same via an agreed and joint email to the court coordinator.
Page 1 | Agreed final orders and failure to comply
If no matters are to be heard on a scheduled date, the setting may be passed with the parties’ consent.
If there are no matters to be heard at a particular date the setting may be passed with the consent of the parties;
Page 8 | 12. Docket Control Orders
Chambers Communication Rules
All parties, including self-represented parties, must provide an email address for contact with the court.
all parties, including pro se, must provide an email for contact with the court.
Page 9 | 16.a. Contact with the Court
Attorneys must call the affected judge as soon as they learn of any dual settings.
It is the duty of every attorney to call the affected judge's attention to all dual settings as soon as they are known.
Page 15 | RULE 6.B: Attorney assigned to two courts for the same date
Hearing and trial setting requests must be directed in writing to the respective court through its court coordinator.
Requests for hearings and trials in the 5064 District Court and in the County Courts At Law Court shall be made in writing to each respective court through the court coordinator of each respective court
Page 9 | RULE 3.5 DOCKET SETTINGS — A. Setting Requests
After a docket control order is approved, the parties must submit a setting request to the Court Coordinator for any trial setting.
Upon approval of a docket control order the parties shall submit a setting request to the Court Coordinator for any trial setting.
Page 9 | RULE 3.5 DOCKET SETTINGS — B. Docket Control Orders
An attorney who settles or dismisses a case set for trial must notify the court as soon as possible.
When an attorney settles or dismisses a case that is set for trial, he shall give notice to the court as soon as possible.
Page 12 | RULE 3.9 SETTLEMENTS
Attorneys and self-represented parties must alert the court coordinator when they file a document requiring the Court’s review or action and must not assume the Court will otherwise be notified.
Attorneys/pro se parties must not assume that the Court will be notified when a matter that requires the Court's attention is filed with the clerk's office. It is the responsibility of the attorney/pro se party to alert the court coordinator that they have filed a document needing review or action from the Court.
Page 7 | Other matters
A request for an oral hearing on a summary judgment must be clearly stated in a notice to the clerk accompanying the motion, response, or reply.
Requests for oral hearings on the consideration of summary judgments must be plainly made with a notice to the court clerk accompanying the motion/response/reply.
Page 9 | Submission Guidelines for Summary Judgment Rule 166(b) TRCP
Attorneys must notify the affected judge of all dual settings as soon as they become known.
It is the duty of every attomey to call the affected judge's attention to all dual settings as soon as they are known.
Page 18 | RULE 6 — CONFLICTING ENGAGEMENTS OF ATTORNEYS, B.
Parties, attorneys, and witnesses who expect to leave the courtroom for an extended period should tell the bailiff how long they will be gone and why; otherwise, they risk default or, in a criminal case, bond forfeiture.
The Court understands that emergencies arise; Parties, attorneys, and witnesses who expect to leave the courtroom for an extended period should inform the bailiff as to the duration and cause or risk a default being taken during their absence, or in a criminal case, forfeiture of their bond
Page 2 | Section I - Behavior, Decorum, and Dress
People wishing to provide social services or leave related handouts or flyers should consult the Court, County Judge, or County Clerk beforehand.
Individuals wishing to provide social services, counseling, or similar services, or wishing to leave handouts or flyers advertising the same, should consult with the Court, County Judge, or County Clerk before doing so.
Page 3 | Section I - Behavior, Decorum, and Dress
Parties should notify the Court Reporter and Clerk in writing if a historical paper or certified original should not be destroyed after digitizing.
If a document is a historical paper or a certified original that should not be destroyed after digitizing, parties should inform the Court Reporter and Clerk in writing.
Page 9 | 16. Document formatting
The clerk's responses to telephone information requests are limited to the listed topics, and a request about whether a document was filed does not authorize a fishing expedition.
The court clerk shall limit response to telephone requests for information to the following: Whether or not a specific document has been filed (i.e. answer). This does not authorize a fishing expedition. Existence of case on file. Return of service and date. Correct style of case when correct case number is supplied. If an order has been signed. Whether or not a jury fee has been paid and date of payment.
Page 4 | RULE 3.3(A) Telephone Requests
Counsel should direct panel members’ questions about insurance or other specific factual matters to the Court.
If panel members ask counsel about the existence of insurance or any other specific factual matter, counsel should direct the question to the Court.
Page 9 | RULE 3.11 VOIR DIRE
An attorney must notify the court as soon as possible when settling or dismissing a case set for trial.
When an attorney settles or dismisses a case that is set for trial, he shall give notice to the court as soon as possible.
Page 9 | RULE 3.9
Pro se participants should seek the bailiff’s permission before using a counsel conference room.
Pro se participants should seek permission from the bailiff prior to using a counsel conference room.
Page 1 | Rule 1.1 Behavior
Defendants must immediately check in with the bailiff assigned to the court that day.
Defendants shall immediately check in with the bailiff assigned to the court on that day,
Page 1 | Rule 1.1 Behavior
The clerk must limit responses to telephone inquiries to the listed case and filing information; the allowance to ask whether a document has been filed does not authorize a fishing expedition.
The court clerk shall limit response to telephone requests for information to the following: Whether or not a specific document has been filed (i.e. answer). This does not authorize a fishing expedition. Existence of case on file. Return of service and date. Correct style of case when correct case number is supplied. If an order has been signed. Whether or not a jury fee has been paid and date of payment.
Page 8 | Rule 3.3 District Clerk & County Clerk, A. Telephone Requests
Trial counsel must make a bona fide effort to settle cases as early as possible before trial, and the court expects counsel to confer with their client and opposing counsel about settlement offers.
All trial counsel are required to make a bona fide effort to settle cases at the earliest possible date before trial. The court will expect counsel to confer with his/her client and with opposing counsel concerning settlement offers.
Page 12 | RULE 3.9 SETTLEMENTS
Attorneys must call the affected judge’s attention to all dual settings as soon as they become known.
It is the duty of every attorney to call the affected judge's attention to all dual settings as soon as they are known.
Page 18 | RULE 6 — CONFLICTING ENGAGEMENTS OF ATTORNEYS
The clerk's telephone responses are limited to the listed case and filing information, and callers may not use them for a fishing expedition.
The court clerk shall limit response to telephone requests for information to the following: Whether or not a specific document has been filed (i.e. answer). This does not authorize a fishing expedition. Existence of case on file. Return of service and date. Correct style of case when correct case number is supplied. If an order has been signed. Whether or not a jury fee has been paid and date of payment.
Page 5 | RULE 3.3 DISTRICT CLERK & COUNTY CLERK, A. Telephone Requests
Clerks may bring motions and requests to coordinators' attention as a courtesy, but attorneys and parties must not rely on that and remain responsible for requesting court review; the stated contact instruction is incomplete in the provided text.
As a courtesy, the court clerks may bring motions and requests to the attention of the court coordinators. However, attorneys/parties must not assume this will always be the case It is ultimately the responsibility of the attorney/party to request that a matter be reviewed by the court by contacting the appropriate
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS, A. Pre-Trial Motions, Submission Guidelines
Attorneys must notify the affected judge of any dual settings as soon as they know of them.
It is the duty of every attorney to call the affected judge's attention to all dual settings as soon as they are known.
Page 15 | RULE 6 — CONFLICTING ENGAGEMENTS OF ATTORNEYS
Concerns that arise during or about an ongoing proceeding should be addressed to the bailiffs first.
Concerns that arise during or about an ongoing proceeding should be addressed to the bailiffs first.
Page 1 | Section I - Behavior, Decorum, and Dress
An attorney seeking assurance of no trial assignment during a vacation of up to four consecutive weeks may notify the Court Coordinator in writing at least 90 days before the vacation begins.
Each attorney desiring to assure that s/he will not be assigned for trial during a vacation period not to exceed four consecutive weeks of a given year may advise the Court Coordinator in writing not less than ninety days prior to the first day of such vacation.
Page 5 | Section III - Procedure
The Court will choose a hearing date from the movant’s selected dates despite opposing counsel’s objections.
The Court will set the hearing from those dates regardless of opposing counsel's objections.
Page 6 | Section III - Procedure
The Court's primary method of communicating with litigants is email.
The Court's primary method of communication with litigants will be via e-mail.
Page 9 | 16.a. Contact with the Court
If a setting request is approved, the coordinator will confirm the setting in writing.
If the setting request is approved, the court coordinator will confirm the setting in writing.
Page 9 | RULE 3.5 DOCKET SETTINGS — A. Setting Requests