Waller County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Agreed motion

Fully agreed matters may be submitted without a hearing or submission period, but must bear all counsel's or pro se parties' signatures and identify the motion as agreed in its heading.

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.

CRITICAL

Applies to

Scheduling order

The scheduling order entered at arraignment must set discovery deadlines and the dates for the pretrial hearing, docket call, and trial.

At arraignment, a scheduling order shall be entered setting discovery deadlines, dates of pretrial hearing, docket call and trial date.

CRITICAL

Applies to

Rule 91a motion

A Rule 91(a) motion must state its dismissal grounds and supporting law or facts, and include a concise argument with citations and specific references to the pleadings and evidence.

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.

CRITICAL

Applies to

Surety release request

Sureties seeking release from bail-bond liability must complete and present an Affidavit to Release Surety and an Order of Surrender to the court where the defendant's case is pending.

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.

CRITICAL

A Rule 91(a) motion must state its dismissal grounds and supporting law, facts, arguments, citations, and specific references to the pleadings and evidence.

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.

CRITICALCivil cases

Applies to

Petition

The Petitioner must attach a copy of the order to the original petition and every copy.

The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.

CRITICAL

Applies to

Temporary restraining order motion

A motion for a temporary restraining order must specifically explain why the Standing Order is inadequate to be accepted and heard.

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.

WARNING

Applies to

Motion for temporary orders

Parties should mediate and confer on 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.

WARNING

Applies to

Nonsuit order

An order incorrectly stating that a nonsuit disposes of all parties and claims despite another party’s affirmative pleadings may result in sanctions or attorney fees against the submitting party.

Orders submitted indicating the nonsuit disposes of all parties and claims when there are affirmative pleadings on file by another party that is not nonsuiting their claims may result in sanctions or an award of attorney fees against the party submitting the faulty order.

WARNING

Applies to

Trial setting request

A party seeking a different trial date should file a request for a specific setting that complies with the rules.

Parties requesting a different date for trial should file a Request for a specific setting that otherwise complies with these rules.

WARNING

Applies to

Petition or responsive pleading

When filing a petition or responsive pleading, pro se parties should provide an email address for e-file service, a mailing address, and a current phone number.

All pro se parties upon filing any petition or responsive pleading should provide an email address for service via efile, as well as address and current phone number.

WARNING

Applies to

Setting request

If opposing counsel or a party does not respond to a conference request, the movant should include three chosen dates from the Court’s Calendar in the setting request.

If an opposing counsel/party fails to respond to movant's request for conference, movant should select 3 dates of their choosing from the Court's Calendar and include them in their setting request.

WARNING

Applies to

De novo hearing request

Parties should be prepared to brief disputed legal rulings and explain why new evidence could not be presented to the Associate Judge.

Parties should be prepared to brief any issues of law they believe the Associate Judge incorrectly ruled on and provide an explanation as to why any new evidence was unable to be presented to the Associate Judge.

WARNING

Applies to

Grand jury minute book

If the defendant is not in custody or under bond when the indictment is presented, the District Attorney may request that the defendant's name be entered later, but it must be entered when the capias is served and the defendant is placed in custody or under bond.

If the defendant is not in custody or under bond at the time of the presentment of the indictment, upon request of the District Attorney, the entry of the name of the defendant in the book may be delayed until such time as the capias is served and the defendant is placed in custody or under bond, at which time the name of the defendant will be entered in the book by the District Clerk.

WARNING

Applies to

Petition or responsive pleading

Pro se parties should provide an email address for e-file service, a mailing address, and a current phone number when filing a petition or responsive pleading.

All pro se parties upon filing any petition or responsive pleading should provide an email address for service via e- file, as well as address and current phone number.

WARNING

Any party unable to provide such information above must file a

Any party unable to provide such information above must file a

WARNING

Applies to

Submission request

A matter set by submission should include a notice of submission setting consideration at least 10 days after filing.

All matters a party wishes to set by submission should be accompanied by a notice of submission with a date for consideration no less than 10 (ten) days from the date of filing.

WARNING

Applies to

Motion

Exceptional Temporary Orders cases, such as those involving an extremely voluminous or valuable estate, should be raised by written motion before the scheduled hearing.

Exceptional cases, such as an extremely voluminous or valuable estate, should be raised by written motion prior to the scheduled hearing date.

INFO

Applies to

Default judgment motion

The moving party may use either a Notice of Submission or a letter of submission to bring a default judgment matter to the Court’s attention.

The moving party may use a Notice of Submission or a letter of submission to bring the matter to the Court's attention.

INFO

Applies to

Petition or responsive pleading

When filing a petition or responsive pleading, pro se parties should provide an email address for service via e-file, an address, and a current phone number.

All pro se parties upon filing any petition or responsive pleading should provide an email address for service via efile, as well as address and current phone number.