Waller County Courts at Law Filing Timing and Cure Windows

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

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

Responses must be filed before the hearing date.

Responses shall be filed before the hearing date.

CRITICAL

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.

CRITICAL

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.

CRITICAL

A motion for entry of order requires ten days' notice after filing.

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Substitution of Counsel: 3-days notice after filing.

Substitution of Counsel: 3-days notice after filing.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Responses 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

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

A motion to withdraw without client consent requires ten days' notice after filing.

Motion To Withdraw: Without client consent: 10-days notice after filing.

CRITICAL

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.

CRITICAL

Defense counsel must file any written waiver of arraignment before the arraignment date.

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

Applies to

Vacation designation

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.

CRITICAL

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.

WARNING

When service has not been effected or before an appearance, ex parte matters may be submitted immediately; the court will decide whether a hearing is required and notify 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.

WARNING

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

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

WARNING

Matters not raised by a deadline specifically set in the DCO may be considered waived or denied as untimely without further argument.

any matters not raised by a specifically set deadline in the DCO may be considered waived or denied without further argument for lack of timeliness.

WARNING

A nonsuit or dismissal may be submitted immediately only when filed by the party seeking affirmative relief; counsel is presumed to know whether the opposing side has pleadings seeking affirmative relief.

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

A matter labeled unopposed may be submitted without a hearing; counsel thereby certifies opposing counsel knows of it and has no objection, and the court will sign the order after a three-day submission period.

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 afler a 3-day submission period.

WARNING

Inventories and financial statements should be completed and filed as soon as practicable, typically within 30 days of service; the time may be extended by agreement or by the Court depending on the estate’s size.

Inventories and financial statements should be completed and filed as soon as practicable, typically within 30 days of service. This time frame may be extended by agreement or by the Court depending on the size of the estate in question.

WARNING

Failure to file a response within the submission period may be treated as a representation of 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.

WARNING

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

Citation by Publication: Immediate submission.

WARNING

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.

WARNING

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

With signed client consent: immediate submission.

WARNING

File a written designation for summer vacation weeks with the Clerk by May 15; the designation does not protect against a trial order signed before filing.

Wriften 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.

WARNING

objection to the Associate Judge presiding over a final hearing on the merits should do so again in writing and/or on the record on or before the final pre-trial hearing.

objection to the Associate Judge presiding over a final hearing on the merits should do so again in writing and/or on the record on or before the final pre-trial hearing.

WARNING

File a written designation for non-summer vacation at least fourteen days before the requested period; non-summer weeks cannot run consecutively for more than two weeks, and an earlier-signed trial order is not prevented.

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 ( l4) 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.

WARNING

A party may accept the Associate Judge’s merits ruling and reserve a de novo hearing request by making a specific motion in writing or on the record before the proceeding begins.

Parties may reserve the right to file for a De Novo hearing while accepting the ruling of the Associate Judge on the merits, so long as a specific motion for such is made on the record or in writing before the start of the proceeding in question.

WARNING

A substituted-service matter may be submitted immediately.

Substituted Service: Immediate submission.

WARNING

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

Appointment of Ad Litem: Immediate submission.

WARNING

Failure to mail the notices does not affect the periods in Rule 306(a), except as that rule provides.

Failure to mail notices as set out above shall not affect any of the periods mentioned in Rule 306 (a) of the Texas Rules of Civil Procedure except as provided in that rule.

WARNING

The date noticed for consideration by submission must be at least 10 days after the filing date.

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.