Judge David E. Garcia
Individual Rules, Standing Orders & Policies
- Rules last changed:
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Court-wideDocument Filing Requirements18 rules
Therefore, the hearing impaired individual or their attorney are responsible for asking for such service by notifying the court for the need for such service as soon as possible and in advance of any civil court proceedings. This request must be made by filing a formal written motion or on the record in open court.
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
At the time the petition is filed, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.
Parties in a SAPCR or divorce case must bring the specified earnings and tax documents to the initial hearing.
Court's wording
The parties are ORDERED to bring the following documents to the initial hearing conducted in a SAPCR and/or a Divorce Case: - 1. Copies of the most recent pay stubs; and - 2. Copies of the parties' W-2s for the two years preceding the filing of the litigation; and - 3. Income tax returns, together with all schedules, for the two years preceding the filing of the litigation.
The community-supervision application includes a sworn statement by the defendant affirming that its facts are true and correct.
Court's wording
Before me, the undersigned authority, on this day personally appeared _____, who having been by me first duly sworn, upon oath deposes and says that he/she is the defendant in the above and forgoing application for community supervision, and the facts therein stated are true and correct.
Exhibit A records the defendant’s fingerprints and certifies that they were taken by the Bailiff or Sergeant at Arms in the Deputy District Clerk’s presence.
Court's wording
My fingerprints are taken by the Bailiff and/or Sergeant at Arms in the presence of the Deputy District Clerk. _____ Defendant I hereby certify that in accordance with Article 42.01 of the Texas Code of Criminal Procedure that I caused the Defendant, _____, place his fingerprints in the space provided below.
The trial court shall enter a certification of the defendant's right to appeal in every case in which it enters a judgment of guilt or other appealable order.
_______________ PLAINTIFF’S EXPERT WITNESS DESIGNATION. Plaintiff’s testifying expert witnesses must be designated by this date and provide reports and curriculum vitae. Include each expert’s name, address, and all information and materials required under Tex. R. Civ. P. 195.5.
______________ AFFIDAVIT DEADLINE. Notice of Intent to use Discovery Affidavits pursuant to §18.001 of the Texas Civil Practice & Remedies Code must be filed with the Clerk of the Court and served on the opposing party.
______________ COUNTER-AFFIDAVIT DEADLINE. Counter Affidavits pursuant to §18.001 pf the Texas Civil Practice & Remedies Code must be filed with the Clerk of the Court and served on the opposing party.
All Exhibits must be presented for inspection at the Final Pre-Trial Conference and a list of Exhibits must be provided to opposing counsel at the Final Pre-Trial.
- Document
- Exhibits
Must include
- •Exhibit list
_______________ DEFENDANT’S EXPERT WITNESS DESIGNATION. Defendant’s testifying expert witnesses must be designated by this date and provide reports and curriculum vitae. Include each expert’s name, address, and all information and materials required under Tex. R. Civ. P. 195.5.
If the parties agree on a mediator who is available before the ADR deadline, the parties shall submit an Order of Appointment to the Court.
As per Local Rule 3.26, a Certificate of Conference is required on all contested motions, other than dispositive motions, filed in civil and family law cases.
- Document
- Contested motion
Must include
- •Certificate of conference
In accordance with the Code of Criminal Procedure, the criminal defense attorney shall notify the court by written motion or on the record that interpreter services will be needed for any status conference, hearing, or any other judicial proceeding.
An attorney representing a hearing-impaired criminal defendant shall bring his/her client's disability to the attention of the judge by written motion filed with the court or on the record.
If a defendant is to be placed on probation and the hearing impairment may affect compliance, the probation officer must notify the court in writing or on the record.
Court's wording
If a criminal defendant is to be placed on probation, the probation officer for the criminal defendant shall notify the court in writing, or on the record, if the criminal defendant's hearing impairment will in any way affect his or her ability to meet all conditions of probation.
The probation officer for the criminal defendant shall also inform the court of any available alternative programs that would allow the criminal defendant to participate in all probation programs.
Filing & Service rules
Filing Timing and Cure Windows
The order takes effect when the original petition is filed, operates as a temporary restraining order for fourteen days, continues as a temporary injunction if uncontested by evidence at a hearing by that deadline, and terminates when the court signs a final order.
This order is effective upon the filing of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen days after the date of the filing of the original petition. If no party contests this order by presenting evidence at a hearing on or before 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 entire order will terminate and will no longer be effective once the court signs a final order.
Civil cases
Page 4 | H. Service and Application of this Order
The defendant has 30 days to file a pro se petition for discretionary review in the court of appeals.
I have been admonished that my attorney must mail a copy of the court of appeal's judgment and opinion to my last known address and that I have only 30 days in which to file a pro se petition for discretionary review in the court of appeals. Tex. R. App. P. 68.2.
Criminal cases
Page 12 | TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT TO APPEAL*
The plaintiff’s amendments and supplements of affirmation or pleadings must be filed by the date set for this deadline.
_______________ PLAINTIFF’S PLEADINGS: All amendments and supplements of affirmation or pleadings must be filed by this date.
Civil cases
Page 1 | PLAINTIFF’S PLEADINGS
The defendant’s amendments and supplements of affirmation or pleadings must be filed by the date set for this deadline.
_______________ DEFENDANT’S PLEADINGS: All amendments and supplements of affirmation or pleadings must be filed by this date.
Civil cases
Page 1 | DEFENDANT’S PLEADINGS
Trial motions, jury questions, and jury instructions must be filed by the final pre-trial conference date.
_______________ FINAL PRE-TRIAL CONFERENCE. All Trial Motions, Jury Questions, and Jury Instructions shall be filed by the Final Pre-Trial Conference Date.
Civil cases
Page 1 | FINAL PRE-TRIAL CONFERENCE
A Robinson motion to strike an expert witness for lack of foundation for opinion must be made at least 45 days before trial.
_______________ ROBINSON MOTION TO STRIKE EXPERT WITNESS for lack of foundation for Opinion (Must be at least 45 days before trial).
Civil cases
Page 2 | ROBINSON MOTION TO STRIKE EXPERT WITNESS
In addition, either Party may request one or more Pre-Trial Conferences in accordance with Rules 166 and 190.4 of the Texas Rules of Civil Procedure. The request for the Pre-Trial Conference must be filed no later than 90 days prior to the trial date.
In addition, either Party may request one or more Pre-Trial Conferences in accordance with Rules 166 and 190.4 of the Texas Rules of Civil Procedure. The request for the Pre-Trial Conference must be filed no later than 90 days prior to the trial date.
Civil cases
Page 2 | Pre-Trial Conferences
Service and Proof of Service Rules
I have been admonished that my attorney must mail a copy of the court of appeal's judgment and opinion to my last known address
I have been admonished that my attorney must mail a copy of the court of appeal's judgment and opinion to my last known address
Criminal cases
Page 12 | TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT TO APPEAL*
The notice of intent to use discovery affidavits under Texas Civil Practice and Remedies Code §18.001 must be served on the opposing party by the affidavit deadline.
______________ AFFIDAVIT DEADLINE. Notice of Intent to use Discovery Affidavits pursuant to §18.001 of the Texas Civil Practice & Remedies Code must be filed with the Clerk of the Court and served on the opposing party.
Civil cases
Page 1 | AFFIDAVIT DEADLINE
Counter-affidavits under Texas Civil Practice and Remedies Code §18.001 must be served on the opposing party by the counter-affidavit deadline.
______________ COUNTER-AFFIDAVIT DEADLINE. Counter Affidavits pursuant to §18.001 pf the Texas Civil Practice & Remedies Code must be filed with the Clerk of the Court and served on the opposing party.
Civil cases
Page 1 | COUNTER-AFFIDAVIT DEADLINE
Adjournment & Extension Requirements
A court hearing or jury trial setting may be passed upon written settlement notification, written agreement or continuance motion of all parties, or a timely continuance motion under the Texas Rules of Civil Procedure, with the court’s consent.
As per Local Rule 3.28, a court hearing or jury trial setting may be passed upon written notification of settlement by the parties, written agreement or motion for continuance of all parties, or a motion for continuance timely filed pursuant to TRCP, with the Court’s consent.
Civil cases
Page 2 | Local Rule 3.28
The parties may modify deadlines in the order, except the trial date, through a Rule 11-compliant agreement approved by the court.
Except as to the Trial date, the parties may, with approval of the Court, modify the deadlines set forth in this Order by an agreement that complies with Rule 11 of the Texas Rules of Civil Procedure.
Civil cases
Page 2 | Modification of Deadlines