Judge Jose A. Lopez
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- The parties may not reset a trial setting without prior notice to the court or a motion for continuance, and the court must approve the reset or continuance.
- A motion for continuance in a non-jury case must be filed at least four days before the non-jury trial date.
- A trial may be continued only through the listed means, including a timely continuance motion with the court’s consent.
- +8 more
Request must include
- Parties may request a continuance in writing at least 10 days before a non-jury trial or 30 days before a jury trial.
- A continuance motion in a non-jury case must be filed at least four days before trial.
Communication
Chambers
Phone
Document Format Requirements10 rules
Each shall pre-mark identify their to trial by ordered by court.
submit to the court, in proper written
Electronically transmitted documents must meet the stated paper-size, signature, identifying-information, and legibility requirements.
Formatting
- •Paper must measure approximately 8-1/2 x 11 inches
Court's wording
Every document electronically transmitted for filing shall conform to the requirements for filing established by the Texas Rules of Civil Procedure, i.e., shall be on paper measuring approximately 8-1/2 x 11 inches, shall be signed individually by the party or the party’s attorney of record, and shall contain that individual’s State Bar of Texas identification number, if any, address, telephone number and fax number. The quality of the original hard copy shall be clear and dark enough to transmit legibly.
Parties must mark their exhibits to include the date and case number on each.
Formatting
- •Mark each exhibit with the date and case number
2. Documents electronically transmitted for fit will received by the clerk on a plain paper ile and printed by a laser printer, thereby rendering the archival No document printed on thermal paper I be fi
The inventory appraisement shall be in a form substantially to Form 12 the Family Law Manuel published by the Bar of
d. Parties must mark their exhibits to include the date and case number on each.
The inventory and appraisement shall be in a form substantially similar to Form 7-1 of the Texas Family Law Practice Manual published by the State Bar of Texas.
2. Documents electronically transmitted for filing will be received by the clerk on a plain paper facsimile and printed by a laser printer, thereby rendering the copy of archival quality. No document printed on thermal paper shall be filed.
(Place a check mark where applicable)
Formatting
- •Place a check mark where applicable
Document Filing Requirements129 rules
The district attorney's office shall file a copy of the bond in the criminal case file when the information is filed or indictment is returned.
B. The unique file number shall be placed on the original complaint presented and the district clerk shall open the district court felony case file provided for in Rule 6.02 A.
F. The Criminal District Attorney shall note on a non-substantive part of the indictment the following information. (1) Whether there are other pending indicted causes on the defendant; whether the indictment is a re-indictment; (2) The names of any Co-defendants; (3) The tracking number and/or assigned unique file number.
Subject to the approval of the transferee judge, any criminal case may be transferred to another court having jurisdiction by written order.
Where allowed by the court in which an indictment is filed, a defendant may waive arraignment only by filing a statement on a form approved by the courts no later than the day before arraignment is scheduled.
The District or the County Clerk shall file a copy the correspondence or notice placed in the mail in each defendant's case.
Each pre-trial motion set for hearing must include the specified relief, facts, argument, signatures or oath when required, certificates, notice, and proposed order.
- Document
- Pretrial motion
Must include
- •Proposed order
- •Certificate of service
- •Certificate of conference
Court's wording
C. Requirements for Motion. Each pre-trial motion that is set for hearing must: (1) succinctly state the relief sought; (2) the facts pertinent to the motion; (3) supporting argument with authorities; (4) must be signed by counsel and, where required, by the defendant; (5) must be sworn to when required; (6) must contain a certificate of service; (7) must contain a certificate of consultation with opposing counsel and a statement that the matter raised in the motion was not resolved that conforms with 6.09 D below; (8) must contain a notice the motion will be presented to the Court at the pretrial hearing with or without evidence; and (9) must contain a proposed order granting or denying the motion in full or in part.
If no conference was held, counsel must use the specified certificate wording detailing the opposing counsel, contact attempts, and why the attorneys could not confer.
Court's wording
(b) No Conference Held. “I, undersigned counsel, hereby certify to the court that a conference was not held with (name of opposing counsel/s) on the merits of this motion because I attempted to contact (name of opposing counsel) as follows (dates, times, methods of contact, and results of the attempts made all detailing why the attorneys were unable to confer on the merits of the motion/s).”
When a conference was held but no agreement was reached, counsel must certify the conference dates, opposing attorney, and lack of agreement using the specified wording.
Court's wording
(a) No Agreement. “I, undersigned counsel, hereby certify to the court that a conference was held on (insert date or dates) with (insert name of attorney) on the merits of this motion. An agreement could not be reached. Therefore, it is presented to the Court for determination.”
For the purposes of this rule, counsel shall use one of the “certificate of conference” forms listed below that applies.
Must include
- •Certificate of conference
When counsel reaches agreement, counsel must use the specified certificate wording and submit the agreed order bearing counsel’s and the defendant’s signatures for court approval.
Court's wording
(c) Agreement Reached. “I, undersigned counsel, hereby certify to the court that I have conferred with opposing counsel in an effort to resolve issues contained in this motion without the necessity of court intervention, and opposing counsel and I have reached an agreement. Our signatures and that of the defendant have been placed on the agreed order and are respectfully submitted to the Court for approval.”
A. Enter an Appearance of Record. Immediately upon employment or upon court appointment the defense attorney shall give written notice to the district attorney and the district and/or county clerk stating the name of the accused, the date of and the offense(s) charged, tracking number, the unique case file and cause number, if known.
The bond schedule applies unless the District Attorney provides the respective court written information justifying an exception.
Court's wording
C. Bonds may be set on each criminal case in accordance with the Bond Schedule adopted jointly by the district and county judges, unless the District Attorney furnishes information in writing to the respective court justifying an exception.
D. Sureties requesting a release on their liability on a Bail bond must complete the Affidavit to Release Surety and present the completed affidavit to the District Judge that the Defendant’s case is assigned to.
For the initial hearing in a SAPCR or divorce case, the parties must bring their most recent pay stubs, W-2s for the two preceding years, and tax returns with schedules for those years.
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-2's 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.
1. 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.
Electronically transmitted documents must comply with Texas filing requirements, be individually signed, include the filer’s specified identification and contact information, and be legible when transmitted.
Court's wording
6. document electronically transmitted shall conform to uirements for filing lished by Texas Rules Civil i.e., I be on approximately 112 x 11 shall signed individually by the party or the party's of record, shall contain that individual's State of identification number, if any, address, telephone number and num The quality hard shall be dark to transm it legibly.
Each electronic transmission must include a cover sheet identifying the sender and transmitted documents, with concise instructions and complete information authorizing payment of court costs.
Court's wording
8. A cover sheet must accompany transm wh identify sender. the documents being transmitted, and number of """'''.'-''''. and concise instructions concerning issuance or other request; and (c) have complete on the authorizing or escrow debit for court costs and
No for a set for any motion accompanied with a "certificate counsel for movant in one of the forms set out herein.
If any motion is unopposed by all counsel on record. [sic] may simply so state conspicuously on the face of the motion. In such event, the motion will be submitted by the clerk to judge and will be granted without a hearing unless the judge is of the view that the granting of such motion is not in the interest of ... proposed the relief shall accompany the motion.
All are required to exchange Exhibit and Witness at the Final are required to their exhibits for' or on any other upon reasonable notice and request.
Each attorney shall prepare a trial exhibits provide the court opposmg a copy of this I prior to trial.
The parties must bring their most recent pay stubs, W-2s for the two years preceding filing, and tax returns with schedules for those two years to the initial hearing.
Court's wording
The parties are ORDERED to bring the following documents to the initial hearing conducted in a SA PCR and/or a Divorce Case: I. Copies of the most recent pay stubs; and 2. Copies of the parties' W-2' s 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 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.
In the specified temporary-hearing matters, the parties must exchange documents before the hearing, including sworn monthly income-and-expense statements and federal tax returns.
Court's wording
4.14 INFORMATION AND DISCLOSURE Unless to by the or cause court approval, in any for temporary which child support or support is an the parties shall and exchange the documents prior to the commencement the hearing: 1. A sworn statement of the usual and ordinary monthly mcome and expenses; 2. s federal tax returns for the two
The inventory must identify items and liabilities, include periodic-payment and creditor details, and characterize property claimed as separate property.
Court's wording
inventory shall each items and shall list each amount liability, number ofperiodic payments alTears, if any, its payment, creditor. Any property or claimed to separate property shall be so characterized.
e the court a certificate compliance is provision.
The original complaints must be collected daily and filed with the County or District Clerk according to the accused's unique number.
Court's wording
Magistrate's officer shall col the original complaints and Magistrate's daily and fi Ie them with County or Clerk according to accused's unique number.
The attorney must forward miscellaneous case-related documents upon receipt for filing with the District or County Clerk under the accused's unique number.
Court's wording
Other. Miscellaneous documents relating to s case applications for probation, letters from etc.) will be forwarded by the attorney upon receipt to filed District or County to u'<..~ ... u in the umque number.
office shall tile a copy the bond criminal case file when the information is filed or indictment is
Requirements Motion motion that is set for must: 1. sllccinctly state the rei iefsought: 2. the facts to the 3. argument with authorities; 4. must be signed by counsel and, where uired, by defendant: 5. must be sworn to when required; 6. must contain a 7. must contain a certificate cOllnsel and a statement that the matter in the motion was not with 6.09 D below; 8. must contain a notice motion will presented to the at pretria I hearing with or without 9. must contain a proposed or denying the motion in lor in
Those required aHem shall be made during regu business hours during a period of at least two days. Fort the purposes this ru counsel shall use one of the "certi con forms I isted that ies.
Enter an Appearance Immediately upon employment or upon court appointment the defense
An may not appear for a unless has filed or made appearance record
C. Newly retained counsel shall not permitted to substitute for counsel of record unless they certify they are prepared to proceed with the case without a delay the proceedi
Any has inany ease may only by fili a motion approved by court.
All Exhibits must be presented inspection ;w.u.~u..:t.;D .........,,""'" the Final Pre-Trial Conference and a list of the and marked Exhibits must be counsel and the Court one week before the Final Pre-Trial
The Pre-Trial Order must be completed, executed, and filed by the specified date, or the parties must appear for a conference on the specified date.
Court's wording
This Pre-Trial Order must be completed. executed and filed with the Court by (date) or the Parties must appear for a Conference on _ (da te) for entr y ora Pre -Trial Guideline Order.
(All Trial MotiolD, Jury Questions and instructions and Joint Pre-Trial Order Form (order attached) shall be filed 1oUL~~a the Final Pre-Trial Conference Date.
To assist the court in identifying any problems recusal or disqualification, counsel will submit to the court [DATE], a list of all companies affiliated with the parties and all counsel associated in the litigation.
Three before the counsel will submit to the court a brief written statement ind preliminary of the facts involved in the I and the critical factual and legal iss ues. These statements will not be filed with the clerk, will not be binding, will not waive claims or and may not be offered into evidence a party in this or in any later
The joint final pretrial report must include the specified case, jurisdiction, motion, party-contention, fact, and legal-proposition information.
Court's wording
2. STATEMENT OF THE CASE. Give a brief statement of the case, one that thej could read to the jury for an introduction to the facts and parties; include names, dates, and 3. JURISDICTION. Briefly specify the jurisdiction of the subject matter and the parties. If there is an unresolved question, state it. 4. MOTIONS. List pending motions. 5. CONTENT10NS OF THE PARTIES. State in paragraphs each party's claims. 6. ADMISSIONS OF FACT. List all facts that no proof 7. CONTESTED ISSUES OF FACT. List all material facts in 8. AGREED PROPOSITIONS OF LA W. List the legal propositions that are not in dispute. 9. CONTESTED PROPOSITIONS OF LA W. State briefly the unresolved of law. with authori ties to support each.
10. EXHIBITS. a. On a form similar to the one provided by the clerk, each will attach two lists of all exhibits to be offered and will make the exhibits available for examination by opposing counsel.
a. List the names and addresses of witnesses who may be called with a brief statement of the nature of their Include the qualifications of witnesses: thesewill be Llsed to qual the expert at trial.
14. ATTACHMENTS. Include these required attachments: a. For a jury trial: proposed (incl instructions, definitions, and with authority).
12. SETTLEMENT. State that all settlement efforts have been exhausted, that the case cannot be settled, and that it will have to be tried.
14. ATTACHMENTS. Include these required attachments: b. For a non-jury trial: proposed findings of fact (without repeating uncontested facts) and conclusions of Jaw. with authority.
All Plaintiffs and Respondents Exhibits and Witness Lists must be presented for inspection at the Final Pre-Trial Conference and the list must be provided to opposing counsel at the Final Pre-Trial.
Within one month after completing an appointment, the appointee must report the specified billing, compensation, and compensation-source information to the Office of the 49th District Court.
Court's wording
I understand that I have a duty to report back to the Office of the 49th District Court within 1 month of the completion of my appointment the following: 1. The number of hours I bill and my hourly rate or my flat fee arrangement in each case in which I am appointed; 2. The total amount of compensation paid to me in each case in which I am appointed; and 3. The source of my compensation.
* Return this form to: Joe Lopez, 49th District Court Judge, 1110 Victoria Street, Ste. 304, Webb County Justice Center, Laredo, Texas 78040 or email to: lrogerio@webbcountytx.gov
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.
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.
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.
2. Non-jury Cases: The cases shall be automatically set for trial by the Webb County District Clerk, subject to the dates previously provided by each Court. The trial date shall be provided in writing to Respondent and attached to the citation.
3. Jury Cases: A written jury request and the fee must be filed and paid thirty (30) days before the trial date.
(a) Petitioner’s attorney shall prepare and submit the Bureau of Vital Statistics form and the divorce decree, unless Respondent’s attorney agrees to prepare and submit the same.
(c) Before the date of hearing, all cases must have on file the Bureau of Vital Statistics form, (except date of hearing which will be filled in on date of hearing) and the order of assignment of wages. (Leave blank spaces for monetary amounts). There will be no exceptions.
The support-receiving party’s attorney must file a wage-assignment order that conforms to the divorce decree, is completed with the employer and payment amounts, and includes notice to the employer and a request for issuance of the withholding order.
Court's wording
The support-receiving parties’ attorney shall be responsible for filing the order of assignment of wages. This order shall conform to the decree of divorce and must be properly completed, particularly as it relates to the employer and the amount to be paid weekly, biweekly, and monthly. Further, no order assigning wages is complete unless accompanied by notice to the employer and request for issuance of the order withholding.
Parties must bring recent pay stubs, W-2s for the two preceding years, and tax returns with schedules for the two preceding years 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-2’s 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.
Filing & Service rules
Electronic Filing Rules
The rules govern the clerk’s receipt and filing of electronically transmitted court documents.
The following rules govern the procedure for the District or County Webb clerk" ) to receive and file electronically transmitted court documents.
Page 5 | RULE 3.10 (b)
Citations or writs bearing the court’s official seal may not be transmitted electronically.
No citation or writ the official of court may transmitted electronically.
Page 7 | RULE 3
The clerk may accept documents electronically for filing, except returns of service on citations, bonds, and signed orders or judgments.
1. The clerk is authorized to accept for filing via electronic transmission any document which might be filed in a court action except: (a) returns of service on issuances of citation; (b) bonds; (c) signed orders or judgments.
Civil cases
Page 4 | RULE 3.10(b) RULES GOVERNING THE PROCEDURE FOR THE DISTRICT CLERK OF WEBB COUNTY TO RECEIVE AND FILE ELECTRONICALLY TRANSMITTED COURT DOCUMENTS
A citation or writ bearing the court’s official seal may not be transmitted electronically.
No citation or writ bearing the official seal of the court may be transmitted electronically.
Civil cases
Page 6 | 3.10(b) Rules Governing the Procedure for the District Clerk of Webb County to Receive and File Electronically Transmitted Court Documents
Filing Timing and Cure Windows
A pretrial services officer must collect original complaints and Magistrate’s Warnings from the magistrate daily and file them with the County or District Clerk under the accused’s unique file number.
A pretrial services officer shall collect the original complaints and the Magistrate’s Warnings from the magistrate daily and file them with the County or District Clerk according to the accused’s unique file number.
Criminal cases
Page 2 | Rule 6.02 PRE-FILING DOCUMENTS
For felony complaints presented in cases pending on or filed after June 1, 2010, the District Clerk must accept and file the complaint, initiate a case file, and assign a unique sequential file number.
The District Clerk shall accept and file all felony complaints presented and initiate a case file and identify each case with a unique file number in numerical sequence pending on or filed after June 1, 2010.
Criminal cases
Page 2 | Rule 6.02 PRE-FILING DOCUMENTS
If an incarcerated defendant has not requested appointed counsel, a pretrial services officer must collect the completed original Magistrate's Warning immediately after it is completed and file it with the County or District Clerk under the accused’s unique file number.
If an incarcerated defendant has not requested appointment of counsel, the completed original Magistrate's Warning will be collected from the magistrate by a pretrial services officer immediately after completion of the warning and filed with the County or District Clerk according to the accused’s unique file number.
Criminal cases
Page 2 | Rule 6.02 PRE-FILING DOCUMENTS
A pretrial services officer must collect original bonds from the Sheriff daily and file them with the County or District Clerk.
A pretrial services officer shall collect original bonds from the Sheriff daily and file them with the County or District Clerk.
Criminal cases
Page 2 | Rule 6.02 PRE-FILING DOCUMENTS
The County or District Clerk’s office must maintain custody of the specified original arrest- or charge-related documents until an information or indictment is filed under the accused’s unique file number.
The County or District Clerk’s office is responsible for maintaining custody of the following original documents relating to an arrest or charge for a Class A or B misdemeanor or any felony offense until an information or indictment has been filed according to the accused’s unique file number.
Criminal cases
Page 2 | Rule 6.02 PRE-FILING DOCUMENTS
The County Clerk must accept and file misdemeanor complaints, initiate a case file, and assign each case a unique sequential file number.
The County Clerk shall accept and file all misdemeanor complaints presented and initiate a case file and identify each case with a unique file number in numerical sequence.
Criminal cases
Page 2 | Rule 6.02 PRE-FILING DOCUMENTS
Where the court allows waiver, the arraignment-waiver statement must be filed no later than the day before arraignment is scheduled.
Where allowed by the court in which an indictment is filed, a defendant may waive arraignment only by filing a statement on a form approved by the courts no later than the day before arraignment is scheduled.
Criminal cases
Page 6 | Rule 6.07 C. Waiver of Arraignment
Pre-trial motions, including motions in limine, must be filed by any set deadline unless the Court grants an extension for good cause.
B. All pre-trial motions, including motions in limine, must be filed by the set deadline, if any, unless an extension of time is granted by the Court for good cause shown.
Criminal cases
Page 7 | Rule 6.09 Pre-Trial Matters
The state and defendant must file non-constitutional motions seven days before the Motion Setting.
C. Motion Setting. The state and defendant must file all non-constitutional motions seven days before the Motion Setting as required by the Texas Code of Criminal Procedure Article 28.01(2).
Criminal cases
Page 7 | RULE 6.08 DOCKET MANAGEMENT
Motions must be filed more than 10 days before the motions-setting date or they will be untimely and not considered, except for good cause shown.
All motions not filed more than 10 days before the MS date will be untimely filed and will not be considered except for good cause shown.
Criminal cases
Page 1 | Motions to be filed
The order takes effect when the original petition is filed, remains a temporary restraining order for fourteen days, and continues as a temporary injunction until further court order if no party contests it at a hearing within that period.
2. 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.
Civil cases
Page 4 | H. Service and Application of this Order
The entire order terminates and is no longer effective when the court signs a final order.
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
After confirming the charge authorization or escrow account and noting the authorization code on the cost receipt, the clerk deems the electronic documents accepted for filing and affixes the official file stamp.
10. The is complete. shall confirm charge authorization or escrow account and note the authorization code on the cost receipt. . the documents electron Iy shall be deemed accepted filing and the the c s official file stamp to document.
Page 6 | RULE 3.10 (b)
Electronic transmission alone does not complete filing; filing is complete when the official date-and-time stamp is affixed to the document.
Electronic transmission of a document does not constitute Filing Is complete the official date and stamp is to the document.
Page 7 | RULE 3
Transmissions after 5:00 p.m., on weekends or holidays will verified filed before 10:00 a.m. on first business following of
Transmissions after 5:00 p.m., on weekends or holidays will verified filed before 10:00 a.m. on first business following of
Page 7 | RULE 3
A case will be set on the non-jury a demand for jury is on file and jury fee is paid thirty days trial to Tex. C 216.
A case will be set on the non-jury a demand for jury is on file and jury fee is paid thirty days trial to Tex. C 216.
Page 9 | RULE 3.15 JURY [DEMAND] AND JURY DEMAND
A final sworn inventory or appraisement must be supplemented no later than seven days before trial.
A final sworn shall supplemented on or before and no later than seven (7) days hATA,.A trial.
Page 28 | RULE 4.17 INVENTORY AND APPRAISEMENT
H. Before Magistrate. A custody Webb before designated magistrate for the initial appearance on or before the third day following the (l.vvll;:'\.,U jail.
H. Before Magistrate. A custody Webb before designated magistrate for the initial appearance on or before the third day following the (l.vvll;:'\.,U jail.
Page 31 | H. Before Magistrate
Pretrial matters, including motions in limine, must meet the set deadline; an extension may be granted by the Court for cause shown.
All pre-trial including motions in must be by set line. if any, an extension of is granted by the Court for calise shown.
Page 34 | RULE 6.09 A
Motion Setting. state defendant must file all non-constitutional motions seven days the Motion as required by the of ure 28.01
Motion Setting. state defendant must file all non-constitutional motions seven days the Motion as required by the of ure 28.01
Page 34 | RULE 6.08 C. Motion Setting
Deadline for fil Motion to Strike Witnesses for lack foundation for Opinion __ , (M ust be at least 60 before Final Pre-Trial
Deadline for fil Motion to Strike Witnesses for lack foundation for Opinion __ , (M ust be at least 60 before Final Pre-Trial
Page 41 | APPENDIX A
Jury cases must be set for trial within one year after filing.
Trial/trial Date: ~ A.M. (ALL JURY CASES MUST BE SET FOR TRIAL WITHIN ONE YEAR AFTERFILING.)
Page 41 | APPENDIX A
Trial objections to the other party’s video-testimony designations, motions in limine, proposed jury questions, and instructions must be filed by the scheduled date; failure may result in a show-cause order or sanctions.
ALL TRIAL OBJECTIONS TO THE OTHER PARTY'S DESIGNATIONS OF VIDEO TESTIMONY AND TO MOTIONS IN LIMINE AND POPOSED JURY QUESTIONS, AJ\D INSTRUCTIONS SHALL BE FILED. FAILURE TO FILE by this date will cause a show Cause to be issued for and/or for the imposition or any other sanctions trial counsel and/or the parties.
Page 44 | COMPLEX CASE DOCKET CONTROL & SCHEDULING ORDER (LR 3.33)
The prepared court charge, witness list, exhibit list, and motions in limine must be filed by 5:00 p.m. on the pre-trial date.
A prepared Charge of the Court, Witness List, Exhibit List and Motions in Limine shall be filed no later than 5:00 p.m., on the date of the Pre-Trial.
Civil cases
Page 1 | Pre-Trial Guideline Order
Motions for summary judgment must be filed at least 45 days before pre-trial.
Motion for Summary Judgments need to be filed before: Must be at least 45 days before Pre-Trial.
Civil cases
Page 1 | Pre-Trial Guideline Order
The deadline for a Robinson motion to strike an expert witness for lack of foundation must be at least 60 days before trial.
Deadline for Robinson Motion to Strike Expert Witness for lack of foundation for Opinion: _________________________________________. Must be at least 60 days before trial.
Civil cases
Page 1 | Pre-Trial Guideline Order
Discovery must be completed 30 days before trial, except in divorce cases, where it may continue through trial.
Deadline to conduct discovery will be 30 days prior to trial unless the case is a divorce case. If the case is a divorce case, discovery may be conducted up to the date of trial.
Civil cases
Page 1 | Pre-Trial Guideline Order
In Level Three cases, either party may request one or more pre-trial conferences, but the request must be filed no later than 90 days before trial.
If the case is a Level Three case, the Parties may enter into a Discovery Control Plan in accordance with Rule 190.4 of the Texas Rules of Civil Procedure. 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 1 | Pre-Trial Guideline Order
Motions in limine, jury questions, and jury instructions must be filed by the final pre-trial conference date.
Plaintiffs and Respondents Motions in Limine, Jury Questions and Instructions shall be filed by the Final Pre-Trial Conference Date.
Civil cases
Page 1 | Pre-Trial Guideline Order
Contested family law cases must be heard within six months of the appearance date or, when applicable, the end of the Family Code waiting period, whichever is later.
All contested family law cases shall be heard within six (6) months from appearance date or within six (6) months from the expiration of the waiting period provided by the Family Code where such is required, whichever is later.
Civil cases
Page 1 | RULE 4.10 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION
The written jury request and fee must be filed and paid 30 days before the trial date.
3. Jury Cases: A written jury request and the fee must be filed and paid thirty (30) days before the trial date.
Civil cases
Page 1 | RULE 4.10(B) District and County Courts at Law
All parties and counsel must be ready for trial on the merits after 90 days or on the date designated on the form attached to the petition and citation.
All parties and counsel must be ready for trial on the merits after ninety (90) days or on the date designated on the form attached to the petition and citation.
Civil cases
Page 1 | RULE 4.10 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION
The order takes effect when the original petition is filed, remains a temporary restraining order for fourteen days, continues as a temporary injunction if uncontested at a hearing by then, 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 6 | H. Service and Application of This Order
The proposed property division must be submitted to the Court and opposing counsel no later than the commencement of trial.
In disputed property division cases, each attorney shall file a sworn inventory and appraisement as set out in rule 4.17 of these local rules and shall submit to the Court and opposing counsel not later than the commencement of trial a proposed property division including property claimed or recognized as separate property.
Civil cases
Page 7 | RULE 4.12 DISPOSITION PROPOSALS
A party who learns that disclosed information was incomplete or incorrect, or is no longer complete or true, must reasonably supplement or amend it no later than 30 days before the final hearing.
After disclosure is made pursuant to this rule, each party shall be under a duty to reasonably supplement or to amend the information it the party obtains information on the basis of which he or she knows that the information disclosed was either incomplete or incorrect when made, or is no longer complete or true. Each party shall reasonably supplement or amend the information no later than thirty (30) days prior to final hearing.
Civil cases
Page 8 | RULE 4.14 FINANCIAL INFORMATION AND DISCLOSURE
The final sworn inventory and appraisement must be supplemented no later than seven days before trial.
A final sworn inventory and appraisement shall be supplemented on or before and no later than seven (7) days before trial.
Civil cases
Page 9 | RULE 4.17 INVENTORY AND APPRAISEMENT
A 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 appeals' 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.
Criminal cases
Page 9 | CERTIFICATION OF DEFENDANT'S RIGHT TO APPEAL
After verifying the transmission and payment authorization or escrow debit, the clerk must note the authorization code, accept the documents for filing, and affix the official date-and-time file stamp.
The clerk, when satisfied that the transmission is complete, shall confirm the charge authorization or escrow account debit and note the authorization code on the cost receipt. Thereafter, the documents tendered electronically shall be deemed accepted for filing and the clerk shall affix the clerk’s official date and time file stamp to the document.
Civil cases
Page 5 | 3.10(b) Rules Governing the Procedure for the District Clerk of Webb County to Receive and File Electronically Transmitted Court Documents
Electronic transmission alone does not constitute filing; filing is complete only when the clerk affixes the official date-and-time file stamp.
Electronic transmission of a document does not constitute filing. Filing is complete when the clerk’s official date and time file stamp is affixed to the document.
Civil cases
Page 6 | 3.10(b) Rules Governing the Procedure for the District Clerk of Webb County to Receive and File Electronically Transmitted Court Documents
The last page’s receipt imprint determines receipt time, not filing time; accepted transmissions completed before 5:00 p.m. on a normal business day are filed that day, while after-hours, weekend, and holiday transmissions are verified and filed before 10:00 a.m. on the next business day, and the sender must check for changes to normal business hours.
Each page of any document received by the clerk will be automatically imprinted with the date and time of receipt. The date and time imprinted on the last page of a document will determine the time of receipt but not time of filing. Transmissions completed during a normal business day before 5:00 p.m. and accepted for filing will be filed on the day of receipt. Transmissions completed after 5:00 p.m., on weekends or holidays will be verified and filed before 10:00 a.m. on the first business day following receipt of transmission. The sender is responsible for determining if there are any changes in normal business hours.
Civil cases
Page 6 | 3.10(b) Rules Governing the Procedure for the District Clerk of Webb County to Receive and File Electronically Transmitted Court Documents
A case is placed on the non-jury docket unless a jury demand is on file and the jury fee is paid 30 days before the trial setting in accordance with Texas Rule of Civil Procedure 216.
A case will be set on the non-jury docket unless a demand for jury is on file and the jury fee is paid thirty (30) days before the trial setting and in accordance to Tex. R. Civ. P. 216.
Civil cases
Page 8 | RULE 3.16 JURY FEE AND JURY DEMAND
Within five business days of receiving the hearing fiat or order, the coordinator must set the matter for hearing or explain to moving counsel why it cannot be set.
The coordinator must then set the matter for hearing within five business days of receiving the fiat or order setting hearing, or advise moving counsel as to why the matter cannot be set for hearing.
Civil cases
Page 14 | D. Setting of Hearings on Motions
The Joint Final Pre-Trial Report is due seven days before the final pre-trial hearing.
All parties are required to submit a Joint Final Pre-Trial Report seven days before the final pre-trial hearing on the approved form for the Webb County District Courts and the County Courts.
Civil cases
Page 18 | RULE 3.37 FINAL PRE-TRIAL HEARING
The joint Certificate of Progress is due 60 days before the Final Pre-Trial Hearing in Level 3 and complex cases.
In Level 3 and cases designated as Complex Cases pursuant to Local Rule 3.33, all parties are required to submit a joint Certificate of Progress to the Court 60 days before the Final Pre-Trial Hearing.
Civil cases
Page 18 | RULE 3.36 CERTIFICATE OF PROGRESS.
The witness disclosure and deposition designations are due 10 days before the Final Pre-Trial Hearing.
The parties shall disclose all witnesses who are anticipated as being called by way of deposition and identify the corresponding video or written deposition testimony by page and line 10 days before the Final Pre-Trial Hearing.
Civil cases
Page 19
Attorneys on the jury docket must report at 8:15 a.m. on the trial and jury-selection date and submit their written materials then, unless the court orders an earlier submission.
Attorneys whose cases are on the jury docket shall report to court at 8:15 a.m. on the date set for trial and jury selection and submit to the court, in proper written form, their proposed initial jury questions/instructions, and legal authorities in support of same, unless ordered to do so earlier.
Civil cases
Page 19 | RULE 3.42. JURY CHARGE QUESTIONS AND INSTRUCTIONS
The request for ruling and cross designations are due at least three days before the final pretrial conference.
An opposing attorney must then file and serve a request for ruling on any objection lodged to the deposition testimony and cross line and page designations at least 3 days before the final pretrial conference.
Civil cases
Page 19 | 3.38 TRIAL WITNESSES AND EXHIBITS
Objections and cross-line page-and-line designations must be filed 7 days before the Final Pre-Trial Hearing.
Any objections and/or cross-line page and line designations to video or written deposition testimony shall be filed 7 days before the Final Pre-Trial Hearing.
Civil cases
Page 19
Counsel offering deposition testimony must file and serve the designations at least one week before the final pretrial conference.
A proferring counsel must file and serve line and page designations for deposition testimony that will be offered at trial at least 1 week before the final pretrial conference.
Civil cases
Page 19 | 3.38 TRIAL WITNESSES AND EXHIBITS
Opposing counsel must file objections to a proposed judgment or order within three working days of receipt.
Opposing counsel shall file any objections to the proposed judgment and/or order within three (3) working days of receipt of the proposed judgment.
Civil cases
Page 20 | RULE 3.43. SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS
The specified forms must be on file before the final-trial date, subject to the stated blanks and hearing-date exception.
Before the date of final trial, all cases must have on file the Bureau of Vital Statistics form (except for date of hearing which will be filled in on date of hearing) and the order for assignment of wages (leave blanks for monetary amounts).
Civil cases
Page 20 | RULE 3.43. SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS
Counsel must submit the preliminary written statement to the court three days before the conference.
Three days before the conference, counsel will submit to the court a brief written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues.
Civil cases
Page 22 | APPENDIX B — COMPLEX CASE DESIGNATION ORDER (LR 3.33)
Responses to motions, supporting briefs, and copies of relied-on case law must be filed three days before any hearing.
All responses to motions, supporting briefs and/or copies of case law counsel are on are to be filed three (3) days before the date of any hearing.
Civil cases
Page 26
A pro se petition for discretionary review must be filed within 30 days.
I have been admonished that my attorney must mail a copy of the court of appeals' 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.
Criminal cases
Page 6 | CERTIFICATION OF DEFENDANT'S RIGHT TO APPEAL
If a transmission is incomplete or required court costs or fees have not been paid, the sender is to be notified as soon as practicable that the document has not been filed and why.
II. If is found to be lnco111 or court costs or if requ are not as soon as practicable that hus not been filed and the reason.
Page 6 | RULE 3.10 (b)
designation(s) must be tll with the district clerk (with to all courts of 10 than fifteen (15) days to date vacation.
designation(s) must be tll with the district clerk (with to all courts of 10 than fifteen (15) days to date vacation.
Page 39 | RULE 10.13 ATTORNEY VACATIONS
All responses to motions, supporting briefs andlor copies case law counsel are on are to be filed three before the date of any
All responses to motions, supporting briefs andlor copies case law counsel are on are to be filed three before the date of any
Page 45 | PRE-TRIAL CONFERENCE
Untimely materials or materials filed without leave of court will not be considered at trial.
Anything not filed timely or without leave of court will not be considered at Trial.
Civil cases
Page 1 | Pre-Trial Guideline Order
For this scheduling provision, the controlling date is the Friday of the week the divorce is filed.
1. The controlling date is the Friday of the week a divorce is filed.
Civil cases
Page 1 | RULE 4.10(B) District and County Courts at Law
Entry of judgment is set for 9:00 a.m. two weeks after the hearing unless an appropriate order is submitted beforehand.
The case shall be set for entry of judgment two weeks following the date of hearing at 9:00 a.m. unless an appropriate Order is submitted beforehand.
Civil cases
Page 2 | RULE 4.10(B)(5) Submission of the Judgments, Orders, Decrees, and Bureau of Vital Statistic Forms
Service and Proof of Service Rules
If the defendant has no attorney, the bondsman must notify the defendant that courtroom attendance is required.
If a defendant does not have an attorney, the bondsman shall notify the defendant that his/her presence is required in the courtroom.
Criminal cases
Page 6 | Rule 6.07 B. Presence Required
When a defendant is bonded out before arraignment, the bondsman and counsel of record must notify the defendant that he is required to appear.
If a defendant is bonded out before arraignment, the bondsman and counsel of record shall be responsible for notifying the defendant that he is required to appear.
Criminal cases
Page 6 | Rule 6.07 B. Presence Required
The District or County Clerk must notify each defendant of arraignment by mail as soon as practicable after the court sets the hearing.
The District or the County Clerk shall notify each defendant of the arraignment in the defendant's criminal case by mail, as soon as practicable after the court sets the case for a hearing.
Criminal cases
Page 6 | Rule 6.07 A. Notification of Arraignment/Initial Appearance Date
The District or County Clerk must notify the defendant’s attorney and surety or bail bond person of arraignment by fax, email, or regular mail.
The District or the County Clerk shall also notify the defendant's attorney, and surety or bail bond person of the arraignment by facsimile transmission, email or by regular mail.
Criminal cases
Page 6 | Rule 6.07 A. Notification of Arraignment/Initial Appearance Date
Counsel must send opposing counsel copies of all communications sent to the court.
Counsel shall send copies of all communications sent to the court to opposing counsel.
Criminal cases
Page 8 | D. Certificates Required
When an attorney files a pleading or motion, the attorney must simultaneously deliver a copy to opposing counsel by hand, mail, email, or fax and include a certificate stating opposing counsel’s name and address and the delivery method.
(1) Service of Copy on Opposing Counsel. Whenever any attorney files any pleading or motion, he shall at the same time either hand deliver, mail, email or fax a copy to opposing counsel. The motion must be accompanied with a certificate stating the name, address, of opposing counsel and how it was delivered.
Criminal cases
Page 8 | D. Certificates Required
The hearing-setting fiat must be served on all counsel at the same time and in the same manner as ... .
served on all counsel of same time and in same manner it is to the
Page 13 | Setting of ... on
When an attorney files a pleading or motion, a copy must be delivered to opposing counsel at the same time; a motion must include a statement identifying opposing counsel and how the copy was delivered.
Whenever any attorney files any pleading or motion, shall at the same time hand deliver, mail, email or fax a copy to ng counsel. The motion must be accompanied with a status the name, of opposing and how it was delivered.
Page 34 | RULE 6.09 D.1. Certificate of Copy on Opposing Counsel
Documentary exhibits must be exchanged before trial, except for rebuttal exhibits and exhibits whose use cannot be anticipated.
All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated.
Page 48 | APPENDIXE — JOINT FINAL PRETRIAL REPORT, 10. EXHIBITS
The listed temporary-orders financial documents must be exchanged before the hearing, unless the parties agree otherwise or good cause is shown and the court approves.
Unless otherwise agreed to by the parties, or for good cause and court approval, in any hearing for temporary orders in which child support or spousal support is an issue, the parties shall complete and exchange the following documents prior to the commencement of the hearing: 1. A sworn statement of the household usual and ordinary monthly income and expenses; and 2. Copies of that party’s federal income tax returns for the two calendar years preceding the filing of the Original Petition or Suit Affecting Parent- Child Relationship; and 3. All payroll statements, pay stubs, W2 forms and 1099 forms, and all supporting schedules, and any other document evidencing any and all of that party’s earning for the calendar year immediately prior to the filing of the Original Petition for Divorce or Suit Affecting Parent-Child Relationship for child support (SAPCR) and from January 1 of the current year through the date of the final hearing; and 4. Copies of any financial statements prepared for any financial institution for the years prior to the first hearing from January 1 of the current year through the date of the final hearing.
Civil cases
Page 7 | RULE 4.14 FINANCIAL INFORMATION AND DISCLOSURE
In the specified family-law suits, each party must disclose certain information to the other party without waiting for a discovery request, including by making information in the party’s possession, custody, or control available for inspection and copying.
Without waiting for a discovery request, each party to a suit for divorce, annulment, or a suit in which child or spousal support is in issue or Suit Affecting Parent-Child Relationship, has a duty of disclosure of certain information to the other party. “Disclosure” includes providing for inspection and copying the information in the party’s “possession, custody or control,” as that phrase is defined in Rule 166b (2) (b) of the T.R.C.P. Different types of suits require disclosure of different information.
Civil cases
Page 8 | RULE 4.14 FINANCIAL INFORMATION AND DISCLOSURE
When division of the marital estate is disputed, each party must exchange a final sworn inventory and appraisement at least 30 days before trial, unless waived in writing; the parties may agree to or request an earlier exchange date.
In a case where the division of the marital estate is in dispute, and unless waived by the parties in writing, each party shall exchange a final sworn inventory and appraisement, no later than thirty (30) days before the trial date. The parties may agree or request the Court for an earlier date to exchange inventories.
Civil cases
Page 9 | RULE 4.17 INVENTORY AND APPRAISEMENT
The attorney must mail the court of appeals’ judgment and opinion to the defendant’s last known address.
I have been admonished that my attorney must mail a copy of the court of appeals' judgment and opinion to my last known address
Criminal cases
Page 9 | CERTIFICATION OF DEFENDANT'S RIGHT TO APPEAL
The hearing fiat or order must be served on all counsel of record at the same time and in the same manner it is presented to the coordinator.
(8) be served on all counsel of record at the same time and in the same manner that it is presented to the coordinator.
Civil cases
Page 13 | D. Setting of Hearings on Motions
A motion to quash a deposition must be filed with the district clerk and served on opposing counsel or parties in accordance with Local Rule 3.24 and the Texas Rules of Civil Procedure.
The filing of a motion to quash a deposition with the district clerk and service on opposing counsel or parties shall be in accordance with Local Rule 3.24 and with Texas Rules of Civil Procedure.
Civil cases
Page 16 | RULE 3.27 DISCOVERY DISPUTES — B. Effect of Motion to Quash Deposition and/or for Protection
All parties must exchange Exhibit Lists and Witness Lists at the Final Pre-Trial Hearing.
All parties are required to exchange Exhibit Lists and Witness Lists at the Final Pre-Trial Hearing.
Civil cases
Page 18 | RULE 3.37 FINAL PRE-TRIAL HEARING
Counsel offering deposition testimony must serve the designations on the opposing party as well as file them.
A proferring counsel must file and serve line and page designations for deposition testimony that will be offered at trial at least 1 week before the final pretrial conference.
Civil cases
Page 19 | 3.38 TRIAL WITNESSES AND EXHIBITS
An opposing attorney must then file and serve a request for ruling on any objection lodged to the deposition testimony and cross line and page designations at least 3 days before the final pretrial conference.
An opposing attorney must then file and serve a request for ruling on any objection lodged to the deposition testimony and cross line and page designations at least 3 days before the final pretrial conference.
Civil cases
Page 19 | 3.38 TRIAL WITNESSES AND EXHIBITS
The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.
The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.
Civil cases
Page 20 | RULE 3.43. SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS
A party requiring authentication must notify offering counsel in writing within five days after the exhibit is listed and made available; failing to object in writing before trial concedes authenticity.
b. A party requiring authentication of an exhibit must notify the offering counsel in writing within five (5) days after the exhibit is listed and made available; failure to object in advance of trial in writing concedes authenticity.
Civil cases
Page 30 | Appendix E — Joint Final Pretrial Report, 10(b)
Documentary exhibits must be exchanged before trial, except for rebuttal exhibits or exhibits whose use cannot be anticipated.
All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated.
Civil cases
Page 30 | Appendix E — Joint Final Pretrial Report, 10(a)
The attorney must mail the court of appeals’ judgment and opinion to the defendant’s last known address, and the defendant has 30 days to file a pro se petition for discretionary review.
I have been admonished that my attorney must mail a copy of the court of appeals' 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.
Criminal cases
Page 6 | CERTIFICATION OF DEFENDANT'S RIGHT TO APPEAL
The certificate records service of the motion and notice of hearing on the listed parties using the checked delivery method.
I certify that on this ____ day of _____, 202__, a true and correct copy of the Motion Requesting Release of Excess Proceeds and Notice of Hearing were delivered on the parties listed below by CHECK THE METHOD USED ( ) certified mail , return receipt requested, or ( ) via facsimile, or ( ) e-mail, or ( ) regular mail and/or ( ) hand-delivery to the following counsel of record:
Page 4 | CERTIFICATE OF SERVICE
A party objecting to an exhibit's authenticity must notify counsel in writing within five days after the exhibit is listed and made available; failure to object before trial concedes authenticity.
b. A party authentication of an exhibit must notify the counsel in writing within five (5) days after the exhibit is listed and made available; failure to object in advance of trial in concedes authenticity.
Page 48 | APPENDIXE — JOINT FINAL PRETRIAL REPORT, 10. EXHIBITS
Filing Fees and Waivers
The clerk will not accept an electronically transmitted document for filing until court costs and fees are paid; payment may be made by Mastercard or through an escrow account.
3. No document electronically transmitted shall accepted by clerk for fi court costs and paid. Court costs fees may be paid by Mastercard or through an escrow account established the cleric Documents tendered to the electronically without payment court costs and or with incomplete formation on authori or uest, or which do not to applicable rules, will not be
Page 6 | RULE 3.10 (b)
A case will be set on the non-jury a demand for jury is on file and jury fee is paid thirty days trial to Tex. C 216.
A case will be set on the non-jury a demand for jury is on file and jury fee is paid thirty days trial to Tex. C 216.
Page 9 | RULE 3.15 JURY [DEMAND] AND JURY DEMAND
The fee for a jury request must be filed and paid 30 days before trial.
3. Jury Cases: A written jury request and the fee must be filed and paid thirty (30) days before the trial date.
Civil cases
Page 1 | RULE 4.10(B) District and County Courts at Law
Electronically transmitted documents will not be accepted for filing until required costs and fees are paid; payment may be made by Mastercard, Visa, or an escrow account, and documents with incomplete payment information or other noncompliance will not be filed.
No document electronically transmitted shall be accepted by the clerk for filing until court costs and fees have been paid. Court costs and fees may be paid by Mastercard or Visa or through an escrow account established with the clerk. Documents tendered to the clerk electronically without payment of court costs and fees, or with incomplete information on the charge authorization or request, or which do not conform to applicable rules, will not be filed.
Civil cases
Page 5 | 3.10(b) Rules Governing the Procedure for the District Clerk of Webb County to Receive and File Electronically Transmitted Court Documents
Payment of the jury fee is required for a case to be set on the jury docket, subject to the stated 30-day deadline and Texas Rule of Civil Procedure 216.
A case will be set on the non-jury docket unless a demand for jury is on file and the jury fee is paid thirty (30) days before the trial setting and in accordance to Tex. R. Civ. P. 216.
Civil cases
Page 8 | RULE 3.16 JURY FEE AND JURY DEMAND
A filing fee schedule is to be adopted annually and approved by the local courts.
4. A schedule for filing adopted annually by approved by local coulis.
Page 6 | RULE 3.10 (b)
Sealing & Redaction Procedures
Financial information filed with the court may have personal information, account numbers, and similar information redacted.
All financial information, if filed with the court, may have personal information, account numbers and other similar information redacted.
Civil cases
Page 8 | RULE 4.14 FINANCIAL INFORMATION AND DISCLOSURE
Any party may request that the sworn inventory and appraisement be sealed.
Any party may request that the Sworn Inventory and Appraisement be sealed.
Civil cases
Page 10 | RULE 4.17 INVENTORY AND APPRAISEMENT
Pre-Motion Conference Requirements
Before filing any motion, counsel must contact opposing counsel to hold or schedule a resolution conference and make at least three separate contact attempts during regular business hours over at least two business days.
(2) Certificate of Conference. Prior to the filing any motion, counsel will contact opposing counsel to hold or schedule a conference to attempt to reach a resolution of the disputed matters. Counsel for the movant/s shall make at least three separate attempts to contact opposing counsel. Those three required attempts shall be made during regular business hours during a period of at least two business days.
Criminal cases
Page 8 | D. Certificates Required
The defendant must request a motions setting to present $28.01 motions.
This will confirm that I have received notice that in order to present $28.01 motions, the defendant must request a motions setting (MS).
Criminal cases
Page 1 | Motions to be filed
to the fi motion, counsel for potential movant shall attempt to contact counsel the potential respondent to hold or ule a to resolve disputed matters.
to the fi motion, counsel for potential movant shall attempt to contact counsel the potential respondent to hold or ule a to resolve disputed matters.
Page 12 | RULE 3.23 HEARING ON PRE-TRIAL ... AND MOTIONS
Any motion for discovery be treated as premature unless for movant has: 1. Made a good effort to obtain discovery or relief from agreement; with the applicable Rules Civil Procedure, ha'> been good cause not making an effort; and
Any motion for discovery be treated as premature unless for movant has: 1. Made a good effort to obtain discovery or relief from agreement; with the applicable Rules Civil Procedure, ha'> been good cause not making an effort; and
Page 16 | 3.26 DISCOVERY DISPUTES
Before filing a motion, counsel must contact opposing counsel to attempt to resolve the matters and make at least three separate contact attempts during regular business hours over at least two days.
Prior to the filing any motion. counsel wi II contact opposing to hold or to attempt to reach a ution of the matters. Counsel for I make at three separate attempt to contact opposing counsel. Those required aHem shall be made during regu business hours during a period of at least two days.
Page 34 | RULE 6.09 D.2. Certificate
Before the conference, a motion may be filed only with leave of court and if it includes a statement that the movant conferred with counsel in an effort to resolve the matter without court action.
No motion shall be filed to the conference without leave of court and unless it includes a that the Movant has conferred counsel in a effort to resolve the matter without court action.
Page 42 | APPENDIX B
Before filing a motion, movant’s counsel must personally try to arrange a conference to resolve the disputed matters, making at least three contact attempts during regular business hours on at least two business days.
Prior to the filing of a motion, counsel for the potential movant shall personally attempt to contact counsel for the potential respondent to hold or schedule a conference to resolve the disputed matters. Counsel for the potential movants shall make at least three attempts to contact counsel for the potential respondent. The attempts shall be made during regular business hours on at least two business days.
Civil cases
Page 11 | Rule 3.24 Hearing on Pre-Trial Pleas and Motions
Any motion for discovery may be treated as premature unless counsel for movant has: 1. Made a good faith effort to obtain such discovery or relief from opposing counsel by agreement; 2. Complied with the applicable Rules of Civil Procedure, and has been unsuccessful, or shows good cause for not making such an effort;
Any motion for discovery may be treated as premature unless counsel for movant has: 1. Made a good faith effort to obtain such discovery or relief from opposing counsel by agreement; 2. Complied with the applicable Rules of Civil Procedure, and has been unsuccessful, or shows good cause for not making such an effort;
Civil cases
Page 16 | RULE 3.27 DISCOVERY DISPUTES — A. Discovery Motions
A motion may not be filed before the conference without leave of court and must include a certificate of good-faith conferral with opposing counsel.
No motion shall be filed prior to the conference without leave of court and unless it includes a certificate that the movant has conferred with opposing counsel in a good-faith effort to resolve the mater without court action.
Civil cases
Page 23
Parties are directed to use all reasonable means to resolve pretrial disputes before seeking judicial intervention.
B. Pretrial Matters. Parties are directed to use all reasonable means to resolve pretrial disputes to avoid the necessity of judicial intervention.
Criminal cases
Page 7 | RULE 6.08 DOCKET MANAGEMENT
Exceptions to conference requirement: Section (A)(1) of this Rule does not pertain to dispositive motions, motions for summary judgment, motions for
Exceptions to conference requirement: Section (A)(1) of this Rule does not pertain to dispositive motions, motions for summary judgment, motions for
Civil cases
Page 12 | Rule 3.24 Hearing on Pre-Trial Pleas and Motions
For a complex or extraordinary case requiring additional preparation, a motion may be filed in accordance with Rule 3.33.
If a case is complex and/or extraordinary requiring additional preparation, a motion can be filed in accordance with Rule 3.33.
Civil cases
Page 1 | RULE 4.10 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION
Adjournment & Extension Requirements
Counsel may not pass a trial setting by agreement without the trial judge’s prior approval.
A. No trial setting shall be passed by agreement of counsel without prior approval by the trial judge.
Criminal cases
Page 10 | Rule 6.13 CONTINUANCE/RESETTING/POSTPONEMENTS
The Court will not consider a continuance motion on the scheduled trial date unless good cause is shown.
D. Except for good cause shown, the Court shall not consider any motion for continuance on the scheduled trial date.
Criminal cases
Page 10 | Rule 6.13 CONTINUANCE/RESETTING/POSTPONEMENTS
Continuance motions by either the State or the Defendant must comply with Chapter 29 of the T.R.CR, be filed at least three working days before jury selection, and be presented to and considered by the Court before the scheduled trial date.
B. Motions for continuance, whether by the State or the Defendant, must comply: (1) with the provisions of Chapter 29 of the T.R.CR; (2) must be filed at least three working days before jury selection; and (3) presented to and considered by the Court before the scheduled trial date.
Criminal cases
Page 10 | Rule 6.13 CONTINUANCE/RESETTING/POSTPONEMENTS
After the deadline specified in Rule 6.13 B, only matters arising after that period may be considered good grounds for filing a continuance motion.
C. Only matters arising subsequent to the time period specified in Rule 6.13 B may be considered as good grounds for filing a motion for continuance after that date.
Criminal cases
Page 10 | Rule 6.13 CONTINUANCE/RESETTING/POSTPONEMENTS
The parties may not reset a trial setting without prior notice to the court or a motion for continuance, and the court must approve the reset or continuance.
parties may not to reset a trial setting prior notice is to the court or a motion for continuance is and the court approves either reset or continuance.
Page 11 | RULE 3.20 RESETTING CASES
A motion for continuance in a non-jury case must be filed at least four days before the non-jury trial date.
A motion for continuance on a non-jury case must filed no less than four (4) prior to non-jury date.
Page 11 | RULE 3.20 RESETTING CASES
A trial may be continued only through the listed means, including a timely continuance motion with the court’s consent.
No trial shal I be except by: A. Settlement, in writing or on record; Written agreement/motion continuance of all parties, with consent of C. A motion for continuance timely tiled under Rules Civil Procedure with consent the court;
Page 17 | RULE 3.28 CONTINUANCES
The Court may grant an extension for cause shown.
if any, an extension of is granted by the Court for calise shown.
Page 34 | RULE 6.09 A
If a continuance is granted, the case will be set for pretrial at the next available setting, subject to the Court’s discretion, and the trial date will be no more than 30 days after the pretrial hearing.
If the Court grants a continuance, the case will be automatically set for pre-trial seven days following the original scheduled hearing date the next available setting, subject to the Court’s discretion. The Court will also set a trial date not to exceed thirty (30) days from the pre-trial hearing.
Civil cases
Page 1 | RULE 4.10(B) District and County Courts at Law
Parties may request a continuance in writing at least 10 days before a non-jury trial or 30 days before a jury trial.
4. The parties may ask for a continuance in writing. at least ten (10) days before the non-jury trial date and thirty (30) days before the jury trial date.
Civil cases
Page 1 | RULE 4.10(B) District and County Courts at Law
A continuance motion in a non-jury case must be filed at least four days before trial.
A motion for continuance on a non-jury case must be filed no less than four (4) days prior to non-jury trial date.
Civil cases
Page 11
A continuance motion for a jury case filed after the Thursday before Monday jury selection is untimely unless there is good cause.
A motion for continuance will not be deemed timely if it is filed after the Thursday before the Monday of jury selection without good cause.
Civil cases
Page 11
The parties may agree to reset a trial setting only after notifying the court or filing a timely continuance motion, and the court must approve the reset or continuance.
The parties may not agree to reset a trial setting unless prior notice is given to the court or a timely motion for continuance is filed and the court approves either the reset or continuance.
Civil cases
Page 11
A trial setting may be passed only through a settlement in writing or on the record, a continuance agreement or motion with the specified court consent, or a timely filed continuance motion; such motions are heard on the Court’s motion day or sooner if necessary.
No trial setting shall be passed except by: A. Settlement, in writing or on the record; B. Written agreement/motion for continuance of all parties, with consent of the court; C. A motion for continuance timely filed under the Texas Rules of Civil Procedure with consent of the court; D. Such motions shall be heard on the Court's motion day or sooner, if necessary.
Civil cases
Page 17 | RULE 3.29. CONTINUANCES
The Court may grant an extension of time to file a pre-trial motion for good cause shown.
B. All pre-trial motions, including motions in limine, must be filed by the set deadline, if any, unless an extension of time is granted by the Court for good cause shown.
Criminal cases
Page 7 | Rule 6.09 Pre-Trial Matters
Trial-setting priority follows the sequence in the attorney scheduling system, and judges may adjust trial settings by agreement.
B. Conflicts in Trial Settings. Priority for trial settings are governed by sequential order as entered into the attorney scheduling system agreed upon by the judges of the criminal district courts. Adjustments to trial settings can be made by agreement of the judges.
Criminal cases
Page 10 | Rule 6.15 CONFLICTING SETTINGS
grants a continuance, the case will be automatically set seven days the original scheduled hearing the next available subject to the Court's discretion.
grants a continuance, the case will be automatically set seven days the original scheduled hearing the next available subject to the Court's discretion.
Page 21
Non-moving counsel may respond within three business days with at least three alternate dates and times if unavailable on all proposed dates, or with a competing time estimate if disputing the estimate.
If unavailable on all proposed hearing dates or if in disagreement with the time estimate, a non-moving counsel may inform the coordinator and moving counsel in writing and propose at least 3 alternate hearing dates and times or a competing time estimate within three business days of receiving the fiat or order setting hearing.
Civil cases
Page 14 | D. Setting of Hearings on Motions
If non-moving counsel fails to provide alternate hearing dates, counsel may not later seek to continue or reschedule the motion based on that prior unavailability.
A non-moving counsel’s failure to provide alternate hearing dates will preclude a later attempt to continue or reschedule a set motion on the basis of prior unavailability.†
Civil cases
Page 14 | D. Setting of Hearings on Motions
Chambers Communication Rules
Every felony defendant and defense attorney must keep the District or County Clerk informed of the defendant’s correct physical and mailing address throughout the criminal proceedings as a condition of pre-trial release.
B. As a condition of pre-trial release, every felony defendant and defense attorney is responsible to keep the District or County Clerk apprised of the defendant's correct physical and mailing address at all times during the pendency of criminal proceedings.
Criminal cases
Page 9 | Rule 6.11 BOND AND BOND FORFEITURES
An attorney must call the affected judges’ attention to every conflicting setting as soon as the attorney knows of it.
A. Duty to Inform Courts. A conflicting setting exists when an attorney is already set for trial or hearing in another court or an attorney is assigned to more than one court at the same time. It is the duty of an attorney to call the affected judges' attention to all multiple settings as soon as they are known by the attorney.
Criminal cases
Page 10 | Rule 6.15 CONFLICTING SETTINGS
Attorneys with conflicting court settings must notify the court coordinator as soon as the conflict is apparent and provide the listed information.
2. Attorney to two courts for same date: A II attorneys having conflicts with other court settings who will late for call or other court or shall notify the court coord and of such contlict as soon as it apparent. shall state: a. The nature of the ict: b. Where counsel may reached; c. What announcement wishes to make: d. time that the Presiding Judge should expect counsel to personally
Page 10 | 3.18 CONFLICTING SETTINGS AND ASSIGNMENTS OF COUNSEL
Counsel must immediately notify the court coordinator and/or the court of the settlement; the text indicates this applies even over a weekend.
Counsel shall immediately notify court coordinator and/or court
Page 19 | RULE 3.36 SETTLEMENTS
As a condition of release, defendant and defense attorney is to keep District or County Clerk apprised defendant's correct physical and at all the pendency criminal
As a condition of release, defendant and defense attorney is to keep District or County Clerk apprised defendant's correct physical and at all the pendency criminal
Page 35 | RULE 6.11 BOND AND BOND FORFEITURES
Judges and court personnel subject to their direction may not initiate, permit, or consider ex parte or other communications outside the parties’ presence concerning the merits of a pending or impending proceeding.
The Code of Judicial Conduct provides that ...A judge shall not initiate, permit, or consider ex parte or other communications made to the judge outside the presence of the parties....concerning the merits of a pending or impending judicial proceeding. A judge shall require compliance with this subsection by court personnel subject to his or her direction and control... Code of Judicial Conduct, Canon 3, Section B. (8).
Page 1 | Contact with the Court
An attorney who will be late because of a conflicting setting must notify the court coordinator and opposing counsel as soon as the conflict becomes apparent and provide the specified information.
All attorneys having conflicts with other court settings and who will be late for docket call or other court settings or hearings/conferences, shall notify the court coordinator and opposing counsel of such conflict as soon as it becomes apparent, and shall state: (a) The nature of the conflict; (b) Where counsel may be reached; (c) What announcement counsel wishes to make; (d) The time that the Presiding Judge should expect counsel to personally appear;
Civil cases
Page 9 | RULE 3.19 CONFLICTING SETTINGS AND ASSIGNMENTS OF COUNSEL
An attorney must bring all known dual settings to the affected judges’ attention as soon as they are known.
It is the duty of an attorney to call the affected Judges' attention to all dual settings as soon as they are known.
Civil cases
Page 10 | RULE 3.19 CONFLICTING SETTINGS AND ASSIGNMENTS OF COUNSEL
Counsel of record must immediately notify the court coordinator or the court when the parties reach a settlement, including over a weekend.
Counsel of record shall immediately notify the court coordinator and/or the court of the fact that the parties have reached a settlement, notwithstanding that the agreement is reached over a weekend.
Civil cases
Page 19 | RULE 3.40. SETTLEMENTS
Attorneys must coordinate walk-in settings with the court coordinator and give 24-hour notice to allow preparation time.
Attorneys shall coordinate settings the court coordinator of the respective Court by the 24-hour to allow the court coordinator, or clerk. time to prepare a "walk- in" and. to that case is for the hearing or trial.
Page 8 | RULE 3.13
Attorneys must call the judges regarding all dual settings as soon as they become known.
a. It is the duty of an attorney to call Judges' to all dual settings as soon as they are known.
Page 10 | 3.18 CONFLICTING SETTINGS AND ASSIGNMENTS OF COUNSEL
An attorney must call the affected judges about conflicting settings as soon as they are known.
It is the of an attomey to call the affected judges' to all multiple as soon as they are known by
Page 36 | RULE 6.15 CONFLICTING SETTINGS
Return the appointment application to Judge Joe Lopez at the stated address or email it to the stated address.
* Return this form to: Joe Lopez, 49th District Judge, 1110 Victoria Street, Suite 304, Webb County Justice Center, Laredo, Texas 78040 or email to: lrogerio@webbcountytx.gov
Page 1 | Demographic Information
Applicants must monitor their email at least every 24 hours and accept appointment notices by email from the court office.
I have the ability to receive email, and I monitor all emails I receive at least every 24 hours. I agree to accept notice by email from the Office of the 49th District Court of my appointment to a case.
Page 2 | Notice of Order of Appointment
An appointee who declines the representation must promptly email the court office to request a replacement.
If for some reason I do not wish to undertake the representation to which I have been appointed, I will promptly respond by email requesting that another individual be appointed in my place.
Page 2 | Notice of Order of Appointment
Attorneys must coordinate walk-in settings with the court coordinator and give 24-hour notice so the coordinator or clerk can prepare the list and verify readiness.
Attorneys shall coordinate the settings with the court coordinator of the respective Court by giving the Court 24-hour notice to allow the court coordinator, or clerk, time to prepare a "walk-in" list; and, to verify that the case is ready for the hearing or trial.
Civil cases
Page 8 | RULE 3.14 DISPOSITION OF UNCONTESTED MATTERS, WALK-IN PROCEDURES
If unavailable on all proposed dates or in disagreement with the estimate, non-moving counsel may notify the coordinator and moving counsel in writing within three business days of receiving the fiat, proposing at least three alternate dates and times or a competing time estimate.
If unavailable on all proposed hearing dates or if in disagreement with the time estimate, a non-moving counsel may inform the coordinator and moving counsel in writing and propose at least 3 alternate hearing dates and times or a competing time estimate within three business days of receiving the fiat or order setting hearing.
Civil cases
Page 14 | D. Setting of Hearings on Motions
Inquiries regarding family cases should be emailed to the Family Court Coordinator, Michael A. Martinez.
All inquiries regarding Family Cases, please email the Family Court Coordinator, Michael A. Martinez.
Page 1 | Case Information Inquiries
Inquiries regarding criminal cases should be emailed to the Criminal Court Coordinator, Alma Martinez.
All inquiries regarding Criminal Cases, please email the Criminal Court Coordinator, Alma Martinez.
Page 1 | Case Information Inquiries
Inquiries regarding tax cases should be emailed to the Tax Court Coordinator, Terry Alfaro.
All inquiries regarding Tax Cases, please email the Tax Court Coordinator, Terry Alfaro.
Page 1 | Case Information Inquiries
Inquiries regarding civil cases should be emailed to Civil Court Coordinator Joe Ann Jinez.
All inquiries regarding Civil Cases, please email Civil Court Coordinator Joe Ann Jinez.
Page 1 | Case Information Inquiries
An appointee may ask the court office in writing not to make appointments temporarily due to vacation, illness, or workload.
When, due to vacation, illness, or workload, I do not wish to be appointed for some period of time, I may request, in writing to the Office of the 49th District Court, not to be appointed temporarily.
Page 2 | Notice of Order of Appointment
Moving counsel seeking a hearing may submit a written hearing fiat or order to the coordinator for the court where the case is pending.
Moving counsel seeking a hearing on a filed motion may submit a written fiat or order setting hearing to the Court coordinator in which the case is pending.
Civil cases
Page 13 | D. Setting of Hearings on Motions