Waller County Courts at Law Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Substitution of counsel requires 3-day notice after filing, or 10-day notice if it affects a hearing or trial setting; signed consent of all parties or attorneys permits immediate submission.

Substitution of Counsel: 3-day notice after filing. If substitution will affect any hearing or trial setting, 10-day notice will be required. If there is signed consent of all parties/attorneys then immediate submission is authorized.

CRITICAL

A motion for entry of order requires 10-day notice after filing.

Motion for Entry of Order: 10-day notice after filing.

CRITICAL

Special exceptions presented without a hearing require 10-day notice after filing.

Special Exceptions: presentment without hearing: 10-day notice after filing.

WARNING

For an unopposed matter, the Court will sign the order on presentment after a 3-day submission period.

The Court will sign the Order on presentment after a 3-day submission period.

WARNING

A nonsuit or dismissal may be submitted immediately when filed by the party seeking affirmative relief, and counsel is presumed to know whether the opposing side seeks affirmative relief in its pleadings.

Nonsuit or Dismissal: Immediate submission. This is predicated on the motion being filed by the party seeking affirmative relief. Counsel is presumed to know whether the opposing side has pleadings on file seeking affirmative relief.

WARNING

Failure to file a response within the submission period may be treated as a representation of no opposition to the motion or matter.

Failure to file a response within the submission time period may be considered a representation of no opposition to the motion or matter.

WARNING

A response not filed within the submission period may be treated as a representation that the party does not oppose the motion or matter.

Failure to file a response within the submission time period may be considered a representation of no opposition to the motion or matter.

WARNING

Matters agreed to by all parties may be submitted without a hearing, and the court will sign the order on presentment without a submission period.

The following type of matters may be filed by submission without the need for a hearing: 1. 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.

WARNING

Other matters may be submitted with the Court’s consent.

Other matters: With consent of the Court.

WARNING

A nonsuit or dismissal may be submitted immediately if the motion is filed by the party seeking affirmative relief.

Nonsuit or Dismissal: Immediate submission. This is predicated on the motion being filed by the party seeking affirmative relief.

WARNING

For this subsection's submission periods, the filing date means the date the Notice of Submission is filed.

In this subsection, "filing" refers to the date of the filing of the Notice of Submission.

WARNING

Other matters may be submitted only with the Court's consent.

Other matters: With consent of the Court.

WARNING

Failure to file a response may be treated as a representation that there is no opposition.

Failure to file a response may be considered a representation of no opposition.

WARNING

A reply may be filed after a response is filed and before the court rules.

A reply may be filed at any time after a response is filed prior to the court's ruling.

INFO

A reply may be filed after the response is filed, but only before the court rules.

A reply may be filed at any time after a response is filed prior to the court's ruling.

INFO

When service has not been effected or before an appearance, an ex parte matter may be submitted immediately; the court decides whether a hearing is required and notifies the requesting party.

Ex parte matters: When service has not been effected or prior to an appearance, ex parte matters may be submitted immediately to the Court for consideration. The Court will determine whether a hearing will then be required and notify the requesting party accordingly.

INFO

An appointment-of-ad-litem matter may be submitted immediately.

Appointment of Ad Litem: Immediate submission.

INFO

Rule 91(a) motions to dismiss baseless causes of action may be filed under submission, and the Court will follow Rule 91(a) for those submissions.

Motions for Dismissal of Baseless Causes of Action under Rule 91(a) TRCP may be filed under submission. The Court will follow Rule 91(a) TRCP for submission filings regarding motions for dismissal of baseless causes of action.

INFO

Ex parte matters may be submitted immediately when service has not been accomplished or before an appearance; the Court decides whether a hearing is required and notifies the requesting party.

Ex-parte matters: When service has not been accomplished, or prior to an appearance, ex-parte matters may be submitted immediately to the Court for consideration. The Court will determine whether a hearing will then be required and notify the requesting party accordingly.

INFO

A substituted-service matter may be submitted immediately.

Substituted Service: Immediate submission.

INFO

A motion to withdraw with signed client consent may be submitted immediately.

With signed client consent: immediate submission.

INFO

Substituted service matters may be submitted immediately.

Substituted Service: Immediate submission.

INFO

Appointment of ad litem matters may be submitted immediately.

Appointment of Ad Litem: Immediate submission.

INFO

Citation by publication matters may be submitted immediately.

Citation by Publication: Immediate submission.

INFO

For fully agreed matters, the Court will sign the order on presentment without a submission period.

On such fully agreed matters, the Court will sign the Order on presentment without a submission period.

INFO

The listed motions and applications may be submitted without a hearing subject to their stated submission periods.

Other motions and applications that may be submitted to the Court without a hearing, and the time periods required for submission, are as follows:

INFO

A citation-by-publication matter may be submitted immediately.

Citation by Publication: Immediate submission.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Summer vacation designations must be filed with the Clerk by May 15, and 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.

CRITICAL

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.

CRITICAL

Applies to

Vacation designation

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Non-summer vacation designations must be filed at least 14 days before the requested period; non-summer vacation weeks cannot run consecutively for more than two weeks, and a designation does 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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Special exceptions may be presented without a hearing with ten days' notice after filing.

Special Exceptions: presentment without hearing: 10-days notice after filing.

CRITICAL

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.