Judge Monica Zapata Notzon
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Pleading
Adjournments
- A party may request a continuance in writing at least 10 days before a non-jury trial.
- A party may request a continuance in writing at least 30 days before a jury trial.
- A continuance motion in a non-jury case must be filed at least four days before trial.
Communication
Phone
Court-wideDocument Format Requirements5 rules
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.
Electronically transmitted filings must use approximately 8½-by-11-inch paper, be individually signed, include the stated filer information, and be legible when transmitted.
- Paper size
- Letter
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.
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.
Subject to the approval of the transferee judge, any criminal case may be transferred to another court having jurisdiction by written order.
Formatting
- •A transfer must be made by written order
Document Filing Requirements94 rules
(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.
The support-receiving party’s attorney must file a complete wage-assignment order conforming to the divorce decree, accompanied by notice to the employer and a request for issuance of the withholding order.
Court's wording
(b) 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.
(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 Petitioner must attach this order to the original petition and each copy, and the Clerk must ensure the order is attached when the petition is filed.
Court's wording
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.
The parties must bring their most recent pay stubs, W-2s for the preceding two years, and tax returns with schedules for the preceding 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 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.
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.
For temporary-order hearings involving child or spousal support, parties must complete and exchange the listed financial documents before the hearing, unless they agree otherwise or good cause is shown and the court approves.
Court's wording
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.
Each inventory must identify and value property and liabilities, characterize claimed separate property, provide specified employment and retirement information, include a columnar summary, and show the net worth of the community and any claimed separate estate.
Court's wording
C. Inventory. Each inventory shall list each items of property and its value, and shall also list each liability, together with the amount of the liability, the number of periodic payments in arrears, if any, the property securing its payment, and the name of the creditor. Any property or liability claimed to be separate property shall be so characterized. All beneficial interest in insurance and all benefits arising from a party’s employment (such as pensions, profit sharing plans, savings or thrift plans, whether vested on non-vested) shall be identified. Each party shall incorporate as an exhibit to the inventory the last information furnished about to the employee’s rights and monetary interest in the retirement and saving plans. Each party shall also furnish sufficient information so the court may render a qualified domestic relations order, if applicable. A summary attached to the inventory shall list and total, in columnar format, the property values and liabilities. Each inventory shall show the net worth of the community estate and the net worth of any claimed separate estate.
After disclosure, each party must reasonably supplement or amend information known to be incomplete, incorrect, or no longer true, no later than 30 days before the final hearing.
Court's wording
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.
In all suits involving child support, each party who is a parent shall furnish to the Court the information described for determination of child support set out in Section 154.063, Texas Family Code, as amended.
The parties shall file with the court a certificate of compliance with this provision.
In cases where attorneys or guardians ad-litem are required by law and unless otherwise agreed by the parties or on the court’s own motion, the request for appointment of same shall be made in writing to the Court Administrator who will supply the attorney’s name next appearing on the court’s rotating lists.
A meditated settlement agreement shall be binding on the parties if the agreement states that it is not subject to revocation, it is signed by each party, and by each party’s attorney who is present at the time the agreement is signed.
For qualifying new cases, guideline orders must be submitted in writing and signed by all counsel of record by 5 p.m. on the day before Calendar Call.
Court's wording
5. There will be a new procedure for Calendar Call for all new cases filed after January 1, 2011. Calendar Calls will be moved to the morning dockets and will not require that attorneys be present if their selected trial dates are within 180-300 days from the guideline calendar call date; however; the guideline orders must be submitted to the court in writing and signed by all counsel of record by 5pm on the day prior to the Calendar Call.
14. All documents filed with the Court must be file-marked by the District Clerk before the court signs the same.
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.
The Clerk shall file any motion to revoke probation or any post-conviction application for writ of habeas corpus in the Court having granted probation or entered the judgment in the case.
Any re-filed or amended information will be filed in the same court in which the prior information was assigned.
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.
Any motion to revoke probation will be filed in the court having granted probation.
As provided for in the County Courts at Laws’ orders, the Clerk shall randomly assign every criminal case filed by information at the county court at law level pending on or filed after June 1, 2010.
Any new information against a defendant will be transferred to the court in which prior information was assigned.
Each pre-trial motion set for hearing must state the requested relief, pertinent facts, and supporting argument and authorities; satisfy applicable signature and oath requirements; and include the specified 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.
Immediately upon employment or appointment, defense counsel must give written notice to the district attorney and the district and/or county clerk with the specified case and defendant information.
Court's wording
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.
When counsel reach agreement, the certificate must use the specified agreement wording and the agreed order must bear counsel's and the defendant's signatures for submission to the Court.
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.”
When counsel conferred but reached no agreement, the certificate must use the specified no-agreement 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.”
When no conference was held, the certificate must use the specified wording and detail the contact attempts and why counsel 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).”
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.
When appropriate Certificates of conference will be required on all civil and family law cases.
Must include
- •Certificate of conference
however; the guideline orders must be submitted to the court in writing and signed by all counsel of record by 5pm on the day prior to the Calendar Call.
The evidentiary waiver and consent to oral and written stipulations must be made in writing and in open court, with the Court’s written approval.
Court's wording
In accordance with Art. 1.13 C.C.P., I consent in writing and in open Court to waive and give up the right to appearance, confrontation and cross-examination of witnesses, and consent to oral and written stipulations of evidence, and this waiver and consent is approved in writing by the Court.
In accordance with Art. 1.13 C.C.P., in open Court, and joined by my attorney and counsel for the State, and with the consent and approval of the Court, I waive and give up any right to a jury trial in this case.
Under oath, in writing and in open Court, I swear that I have read the indictment returned against me in this case; that I understand everything that it contains; and that I committed each and every element alleged.
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.
Every electronic transmission must include a cover sheet identifying the sender, documents, and page count, with clear instructions and complete payment authorization or escrow information.
Court's wording
A cover sheet must accompany every transmission which shall: (a) clearly identify the sender, the documents being transmitted, and the number of pages; (b) have clear and concise instructions concerning issuance or other request; and (c) have complete information on the charge authorizing or escrow debit for court costs and fees.
Each electronically transmitted filing must be individually signed and include the signer’s State Bar number, if any, address, telephone number, and fax number.
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.
All requests for non-jury trial settings shall be by motion with accompanying fiat and heard pursuant to Local Rule 3.19 or by Rule 11 agreement approved by the Court.
All new settings shall include the submission of a new Pre-Trial Guideline Order with/without new deadlines subject to the Court’s discretion.
Motions for preferential setting shall be written, verified and specific.
- Document
- Preferential setting motion
Must include
- •Written, verified and specific
No counsel for a party shall file, nor shall any clerk set for hearing, any motion unless accompanied with a “certificate of conference” signed by counsel for movant in one of the forms set out herein.
- Document
- Motion
Must include
- •Certificate of conference
Moving counsel seeking a hearing may submit a written hearing fiat or order to the case coordinator, and it must contain the specified case, hearing, signature, and time-estimate information.
Court's wording
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. The fiat or order setting hearing must: (1) specifically identify the cause number; (2) contain the style or caption; (3) state the matter to be heard; (4) identify the party requesting the hearing; (5) leave blank spaces for the time, day, and month for the requested hearing; (6) provide a signature line for the coordinator or the judge; (7) estimate the total amount of in-court time necessary to dispose of the matter; and (8) be served on all counsel of record at the same time and in the same manner that it is presented to the coordinator.
A separate proposed order granting the relief sought shall accompany the motion.
- Document
- Opposed motion
Must include
- •Proposed order
Every opposed motion presented for filing shall state with particularity the relief or order sought.
Included with the fiat or order setting hearing shall be at least three (3) proposed hearing dates and times by order of preference and in accordance with any applicable Texas Rules of Civil Procedure (e.g. 21, 87(1), 166a).
Every ex parte application must include a counsel-signed certificate stating one of the specified circumstances concerning representation or notice.
- Document
- Ex parte application
- Placement
- Certificate section
Court's wording
Every application for relief ex parte shall contain a certificate signed by counsel that: (1) to the best of his or her knowledge the party against whom relief is sought ex parte is not represented by counsel in the matter made the basis of the relief sought; (2) counsel for the party against whom relief is sought ex parte has been notified of the application and has stated whether he or she wishes to be heard; or (3) diligent attempts to notify counsel for the party against whom ex parte relief is sought have been unsuccessful, and the circumstances do not permit additional efforts to give notice.
A discovery motion must include a proposed order and certificate of conference pursuant to Local Rule 3.24.
- Document
- Discovery motion
Include
- •Proposed order
- •Certificate of conference
Court's wording
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; and 3. Includes a proposed order and certificate of conference pursuant to Local Rule 3.24
In Level 3 and designated Complex Cases, all parties must jointly submit a Certificate of Progress 60 days before the Final Pre-Trial Hearing addressing mediation, pending motions and proposed orders, discovery status, and anticipated hearing matters with estimated argument time.
Court's wording
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. The joint Certificate of Progress shall advise of the court: (1) the status of mediation; (2) all pending motions for which any party is requesting a ruling prior to the Final Pre-Trial Hearing and submit/re-submit any proposed orders thereon; (3) any outstanding discovery or concerns as to whether discovery will be completed prior to the discovery deadline; and (4) good faith identification of those matters for which the parties anticipate a need for hearing at the final pre-trial hearing and estimated time of argument on each dispute.
If a case is designated as complex by the Court, the parties shall file a Complex Designation Order and submit a Complex Case Docket Control and Scheduling Order in the form prescribed in Appendixes B and C for the Court’s approval.
All parties must submit a Joint Final Pre-Trial Report on the approved form seven days before the final pre-trial hearing.
Court's wording
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. See Appendix E
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.
Each Attorney shall pre-mark and identify their exhibits prior to trial by the date ordered by the court.
Each attorney shall prepare a list of trial exhibits and provide the court and opposing counsel a copy of this list prior to trial.
D. All Divorce Cases or Cases Ordering Child Support – In divorce cases the attorney for the party receiving child support shall file the order of assignment of wages, which will conform with the decree of divorce and must be properly completed, especially as it relates to the employer, amount to be paid weekly, biweekly, or monthly.
A. Miscellaneous Pleadings - Every pleading of a party shall be properly titled.
Further, no order of assigning wages is complete, unless accompanied by notice to employer and request for issuance of the order withholding wages.
In all post divorce decree matters, ie., motions to modify, to enforce, etc., the prevailing party through their attorney shall submit the appropriate Orders as granted by the court, to the court, copy to adverse counsel, and/or pro se party, after which the court will process it for entry, as stated above.
B. Contested Divorce Actions - In contested divorce cases the petitioner's attorney, or pro-se petitioner, shall prepare and submit the proposed decree of divorce and the bureau of vital statistics form in with Rule 3.43 and 4.10.
The motion and order must be properly identified, e.g. "Plaintiff's Motion for Summary Judgment" and "Order Setting Plaintiff's Motion for Summary Judgment."
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).
A. All Cases - The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.
C. Uncontested Divorce Actions - In uncontested divorce cases, the petitioner's counsel or pro-se petitioner shall be responsible for submitting the proposed divorce decree, bureau of vital statistics form, assignment of wages order, notice to employer, order withholding income for support.
The order or judgment must direct the district clerk on disposition of the funds and include identifying and contact information for all interested parties.
Court's wording
attorneys ad litem to make certain that the order or judgment instructs the district clerk about the disposition of the monies. Any order or judgment filed under this section shall also include the names, social security numbers, addresses and phone numbers of all interested parties.
Counsel must submit a brief preliminary factual and legal issues statement to the court three days before the conference; it is not filed with the clerk, is nonbinding, does not waive claims or defenses, and cannot be offered against a party as evidence.
Court's wording
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. These statements will not be filed with the clerk, will not be binding, will not waive claims or defenses, and may not be offered into evidence against a party in this proceeding or in any later proceedings.
To assist the court in identifying any problems of recusal or disqualification, counsel will submit to the court by [DATE], a list of all companies affiliated with the parties and all counsel associated in the litigation.
Filing & Service rules
Electronic Filing Rules
The clerk may accept documents for filing by electronic transmission, except returns of service on issuances of citation, 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 must not be transmitted electronically.
No citation or writ bearing the official seal of the court may be transmitted electronically.
Civil cases
Page 6
After filing an electronically transmitted document, the clerk will electronically send the sender an acknowledgment and any cost receipt.
After the filing an electronically transmitted document, the clerk will electronically transmit to the sender an acknowledgment of the filing, together with cost receipt, if any.
Civil cases
Page 5
Filing Timing and Cure Windows
The deadline for the Robinson Motion to Strike Expert Witness for lack of foundation for Opinion must be at least 60 days before trial.
_____. Must be at least 60 days before trial.
Civil cases
Page 1 | Pre-Trial Guideline Order
Summary judgment motions 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 prepared Charge of the Court, witness list, exhibit list, and motions in limine must be filed by 5:00 p.m. on the date of Pre-Trial.
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 Pre-Trial.
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 Defendants 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
In a Level Three case, 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 2 | Pre-Trial Guideline Order
In jury cases, the written jury request and fee 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 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION
The order takes effect when the original petition is filed, remains a temporary restraining order for 14 days, continues as a temporary injunction if no party contests it 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 sworn inventory and appraisement must be filed no later than 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
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 the parties waive the requirement in writing.
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.
Civil cases
Page 9 | RULE 4.17 INVENTORY AND APPRAISEMENT
A 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
For qualifying new cases, the guideline order deadline is 5 p.m. on the day before Calendar Call.
5. There will be a new procedure for Calendar Call for all new cases filed after January 1, 2011. Calendar Calls will be moved to the morning dockets and will not require that attorneys be present if their selected trial dates are within 180-300 days from the guideline calendar call date; however; the guideline orders must be submitted to the court in writing and signed by all counsel of record by 5pm on the day prior to the Calendar Call.
Page 1 | 111th RULES FOR LAWYERS
After the courtesy call, counsel must have the judgment, decree, or order on file by 5 p.m. that same day, unless additional time is given.
20. All cases will be given an entry of judgment date within thirty days. If the judgment, decree or order is not on file, counsel will receive one courtesy call to have judgment in by 5:00 p.m. on the same day unless addition time is given.
Page 2 | 111th RULES FOR LAWYERS
The District Clerk must accept and file felony complaints, open a case file, and assign a unique number in numerical sequence for cases pending on or filed after June 1, 2010.
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
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
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 according to 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 complaints and Magistrate’s Warnings from the magistrate daily and file them according to 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
The County Clerk must accept and file misdemeanor complaints, open a case file, and assign a unique number in numerical sequence.
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 statement waiving arraignment 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 ARRAIGNMENT / INITIAL APPEARANCE
Pre-trial motions, including motions in limine, must be filed by any set deadline unless the Court grants an extension 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
The state and defendant must file all 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
Guideline orders are due by 5 p.m. on the day before Calendar Call.
however; the guideline orders must be submitted to the court in writing and signed by all counsel of record by 5pm on the day prior to the Calendar Call.
Page 1 | 111th RULES FOR LAWYERS
Cases receive an entry-of-judgment date within 30 days; if the judgment, decree, or order is not on file, counsel receives one courtesy call and must have it filed by 5 p.m. that day unless additional time is given.
All cases will be given an entry of judgment date within thirty days. If the judgment, decree or order is not on file, counsel will receive one courtesy call to have judgment in by 5:00 p.m. on the same day unless addition time is given.
Page 2 | 111th RULES FOR LAWYERS
The District Clerk must file-mark documents before the Court signs them.
All documents filed with the Court must be file-marked by the District Clerk before the court signs the same.
Page 2 | 111th RULES FOR LAWYERS
If the Court accepts or does not exceed the plea agreement, the defendant needs the Court’s permission to appeal except on matters raised by a written motion filed before trial.
If the Court ACCEPTS or does not exceed the agreement I made with the State, the Court must give me permission before I can prosecute an appeal on any matter except those raised by written motion filed before trial.
Criminal cases
Page 4 | 2. PUNISHMENT RECOMMENDATION
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
Once the clerk confirms a complete transmission and payment authorization or escrow debit, the documents are accepted for filing and stamped with the official filing date and time.
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
An electronically tendered document will not be filed if fees are unpaid, payment information is incomplete, or the document does not conform to applicable rules.
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
The last page’s receipt imprint determines the time of receipt, not filing; accepted transmissions completed before 5:00 p.m. on a normal business day are filed that day, while after-hours, weekend, or holiday transmissions are verified and filed before 10:00 a.m. on the next business day, and the sender must check for changes to 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
Electronic transmission alone is not 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
A case is set on the non-jury docket unless a jury demand is on file and the jury fee has been paid 30 days before the trial setting, in accordance with Tex. R. Civ. P. 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
In Level 3 and designated Complex Cases, all parties must submit a joint Certificate of Progress 60 days before the Final Pre-Trial Hearing.
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 Joint Final Pre-Trial Report must be submitted 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. See Appendix E
Civil cases
Page 18 | RULE 3.37 FINAL PRE-TRIAL HEARING
Objections and cross-designations to deposition testimony 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 | Final Pre-Trial Hearing
An opposing attorney must file and serve a request for a ruling on deposition objections and cross-designations 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 | Rule 3.38. Trial Witnesses and Exhibits
The parties must identify anticipated deposition witnesses and the corresponding testimony page-and-line designations 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 | Final Pre-Trial Hearing
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.
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
Counsel offering deposition testimony at trial must file and serve its page-and-line 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 | Rule 3.38. Trial Witnesses and Exhibits
Opposing counsel must file objections to a proposed judgment or order within three working days after receiving the proposed judgment.
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
All listed trial motions, objections, and proposed jury materials must be filed by the designated date; failure to do so may result in a show-cause order for contempt or other sanctions.
17. ALL TRIAL MOTIONS, OBJECTIONS TO THE OTHER ________________________ PARTY’S DESIGNATION OF VIDEO TESTIMONY AND TO EXHIBITS, MOTIONS IN LIMINE AND PROPOSED JURY QUESTIONS AND INSTRUCTIONS SHALL BE FILED. FAILURE TO FILE by this date will cause a show cause order to be issued for contempt and/or for the imposition or any other sanctions against trial
Civil cases
Page 25 | 17
Parties seeking affirmative relief must file amended pleadings by the designated date, and responding parties must file within ten days of that date.
12. AMENDED PLEADINGS: Party(ies) seeking affirmative relief ________________________ will file by this date. Responding party(ies) will be filed within ten (10) days of this date.
Civil cases
Page 25 | 12. AMENDED PLEADINGS
Responses to motions, supporting briefs, and copies of 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 | Complex Case Docket Control and Scheduling Order
Other objections to exhibit admissibility must, within reason, be made at least three days before trial.
Within reason, other objections to admissibility of exhibits must be made at least three (3) days before trial
Civil cases
Page 30 | Appendix E — Joint Final Pretrial Report
Material not filed timely or 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
Unless an appropriate order is submitted beforehand, the case will be set for entry of judgment at 9:00 a.m. two weeks after the hearing.
(e) 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)(e)
Notice of a desired appearance at the uncontested docket is due at least one day before the setting.
Parties desiring to appear at the uncontested docket shall provide notice to the court at least one day prior to the setting.
Civil cases
Page 7 | RULE 4.13 UNCONTESTED MATTERS
If a transmission is incomplete or required fees are unpaid, the clerk must notify the sender as soon as practicable that it was not filed and explain why.
If the transmission is found to be incomplete or court costs or fees, if required, are not paid, the clerk will notify the sender as soon as practicable that the transmission has not been filed and the reason.
Civil cases
Page 5
After receiving a motion to quash depositions, the respondent may request a hearing to be heard within 72 hours but no sooner than 24 hours, subject to the Court’s discretion.
Upon receipt of the motion, the respondent may ask for a hearing, to be heard within 72 hours but not less than 24 hours subject to the Court’s discretion.
Civil cases
Page 13 | Motions to Quash Depositions
When deemed appropriate, a memorandum of legal authorities may be filed with the motion or by three days before the hearing.
A memorandum of legal authorities, when deemed appropriate, may be filed with the motion or no later than three days before the hearing.
Civil cases
Page 13 | Form of Motion
If unavailable on all proposed dates or in disagreement with the time estimate, non-moving counsel may notify the coordinator and moving counsel in writing and propose at least three alternate dates and times or a competing estimate within three business days after receiving the fiat.
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 | Setting of Hearings on Motions
The coordinator must set the hearing within five business days of receiving the fiat 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 | Setting of Hearings on Motions
The Court coordinator will set the matter for entry of an order or judgment within 10 days after the request for ruling is filed.
the Court coordinator will set the matter for entry of order/judgment within 10 days from the filing of the request for ruling.
Civil cases
Page 15 | G. Request for Ruling
An affected party may request a ruling if the motion remains undecided three weeks after its hearing or submission.
If a motion has not been ruled upon within 3 weeks of its hearing or submission, any party affected by that motion may request a ruling pursuant to Appendix &&&.
Civil cases
Page 15 | G. Request for Ruling
After a request for ruling is filed, the court has an additional week to rule on the underlying matter.
The court will have an additional week to rule on the underlying matter from the date of filing a request for ruling
Civil cases
Page 15 | G. Request for Ruling
Counsel of record may agree to submit the motion for summary judgment without oral argument by filing jointly, a written waiver five (5) days prior to the setting.
Counsel of record may agree to submit the motion for summary judgment without oral argument by filing jointly, a written waiver five (5) days prior to the setting.
Civil cases
Page 17 | RULE 3.31. SUMMARY JUDGMENTS
The judgment and/or order and all accompanying forms should be presented to the court no later than fourteen (14) days after final hearing.
The judgment and/or order and all accompanying forms should be presented to the court no later than fourteen (14) days after final hearing.
Civil cases
Page 20 | Rule 3.43. Submission of Orders, Judgments, Instructions
Service and Proof of Service Rules
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.
All Plaintiffs and Defendants 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.
Civil cases
Page 1 | Pre-Trial Guideline Order
In the specified suits, each party must disclose certain information to the other party without waiting for a discovery request, including providing information in their possession, custody, or control 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—D. Duty of Disclosure
The District or County Clerk must notify the defendant’s attorney and surety or bail bond person of the 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 ARRAIGNMENT / INITIAL APPEARANCE
If a defendant is released on bond before arraignment, the bondsman and counsel of record must notify the defendant that an appearance is required.
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 ARRAIGNMENT / INITIAL APPEARANCE
If a 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 ARRAIGNMENT / INITIAL APPEARANCE
The District or County Clerk must notify each defendant of the 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 ARRAIGNMENT / INITIAL APPEARANCE
When an attorney files a pleading or motion, the attorney must simultaneously send a copy to opposing counsel by hand delivery, mail, email, or fax, and the motion must include a certificate identifying opposing counsel 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 | Rule 6.09 D(1) Service of Copy on Opposing Counsel
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 | Rule 6.09 D(1) Service of Copy on Opposing Counsel
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 appeal's judgment and opinion to my last known address
Criminal cases
Page 12 | TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT TO APPEAL
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 make their exhibits available for inspection on the Final Pre-Trial Hearing date or another date upon reasonable notice and request.
All parties are required to make their exhibits available for inspection on the date of the Final Pre-Trial Hearing or on any other date upon reasonable notice and request.
Civil cases
Page 18 | RULE 3.37 FINAL PRE-TRIAL HEARING
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
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.
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 | Rule 3.38. Trial Witnesses and Exhibits
The prevailing party's attorney must provide a copy of the submitted post-divorce order to adverse counsel or the pro se party.
In all post divorce decree matters, ie., motions to modify, to enforce, etc., the prevailing party through their attorney shall submit the appropriate Orders as granted by the court, to the court, copy to adverse counsel, and/or pro se party, after which the court will process it for entry, as stated above.
Civil cases
Page 20 | Rule 3.43. Submission of Orders, Judgments, Instructions
The order and judgment must be sent to opposing counsel for signature and approval as to form.
A. All Cases - 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
New parties must be joined and served by the date specified in the scheduling order.
1. New Parties shall be joined and served by this date.
Civil cases
Page 24 | APPENDIX C
A party seeking authentication must give the offering counsel written notice within five days after the exhibit is listed and made available; otherwise, failure to object in writing before trial concedes authenticity.
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
Each party must make its expected exhibits available for examination by opposing counsel.
each party will attach two lists of all exhibits expected to be offered and will make the exhibits available for examination by opposing counsel.
Civil cases
Page 30 | Appendix E — Joint Final Pretrial Report
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.
Civil cases
Page 30 | Appendix E — Joint Final Pretrial Report
Filing Fees and Waivers
A fee must be paid for the written jury request.
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 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION
Electronically transmitted documents are not accepted for filing until the required costs and fees are paid, by Mastercard, Visa, or an established escrow account.
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.
Civil cases
Page 5
A jury fee must be paid 30 days before the trial setting for the case to avoid placement on the non-jury docket.
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
The clerk must adopt an electronic-filing fee schedule annually, and the local courts must approve it.
A fee schedule for electronic filing shall be adopted annually by the clerk and approved by the local courts.
Civil cases
Page 5
Courtesy Copy Requirements
The Court requests that attorneys bring courtesy copies of filed pleadings; no number or delivery method is specified.
22. The Court requests that Attorneys bring courtesy copies of filed pleadings.
Page 2 | 111th RULES FOR LAWYERS
The Court requests that attorneys bring courtesy copies of filed pleadings.
The Court requests that Attorneys bring courtesy copies of filed pleadings.
Page 2 | 111th RULES FOR LAWYERS
Sealing & Redaction Procedures
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
Personal information, account numbers, and similar information may be redacted from financial information filed with the court.
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—B. Final Financial Information
Pre-Motion Conference Requirements
Before filing any motion, counsel must contact opposing counsel to attempt resolution, make at least three separate contact attempts during regular business hours over at least two business days, and use the applicable certificate-of-conference form.
(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. For the purposes of this rule, counsel shall use one of the “certificate of conference” forms listed below that applies.
Criminal cases
Page 8 | Rule 6.09 D(2) Certificate of Conference
Before filing a motion, counsel must personally attempt to confer with opposing counsel at least three times during regular business hours on at least two business days, and the motion must include a signed certificate of conference, subject to stated exceptions.
No counsel for a party shall file, nor shall any clerk set for hearing, any motion unless accompanied with a “certificate of conference” signed by counsel for movant in one of the forms set out herein. 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; A. Opposed 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; and 3. Includes a proposed order and certificate of conference pursuant to Local Rule 3.24
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; and 3. Includes a proposed order and certificate of conference pursuant to Local Rule 3.24
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 a certificate confirming a good-faith effort to resolve the matter with opposing counsel.
7. 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 without 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
Adjournment & Extension Requirements
After the Court approves a pretrial order and sets a trial date, a reset is permitted only if the Court approves a written continuance.
16. After the Court approves a pretrial order and a trial date is given, there will be NO RESETS unless approved by the Court in the form of a written continuance.
Page 2 | 111th RULES FOR LAWYERS
Counsel may not pass a trial setting by agreement without the trial judge’s prior approval.
No trial setting shall be passed by agreement of counsel without prior approval by the trial judge.
Criminal cases
Page 10 | Rule 6.13 A
The court will not consider a continuance motion on the scheduled trial date unless good cause is shown.
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 D
A continuance motion 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.
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 B
After approval of a pretrial order and assignment of a trial date, a reset is allowed only if the Court approves a written continuance.
After the Court approves a pretrial order and a trial date is given, there will be NO RESETS unless approved by the Court in the form of a written continuance.
Page 2 | 111th RULES FOR LAWYERS
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 | Trial setting
The parties may not agree to reset a trial setting without prior notice to the court or a timely continuance motion, and court approval is required.
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 | Trial setting
For a jury trial, a continuance motion 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 | Trial setting
A trial setting may be passed only by settlement, an all-party written agreement or motion with court consent, or a timely continuance motion under the Texas Rules of Civil Procedure with court consent; such motions are heard on 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 parties may modify the Order’s deadlines by a Rule 11-compliant agreement with court approval, but they may not modify the trial date.
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 | Pre-Trial Guideline Order
A party may request a continuance in writing at least 10 days before a non-jury trial.
4. The parties may ask for a continuance in writing. at least ten (10) days before the non-jury trial date
Civil cases
Page 1 | RULE 4.10 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION
If the Court grants a continuance, it will automatically set a pretrial and then set trial within 30 days of the pretrial, subject to the Court’s discretion regarding the pretrial setting.
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 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION
A party may request a continuance in writing at least 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 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION
An extension of time to file a pre-trial motion may be granted by the Court 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
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.
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 C
If the admonition is included in a fiat properly served on non-moving counsel, a later non-conforming request to continue or reschedule based on unfamiliarity with the local civil rules will be denied.
If the italicized language in this paragraph is included as an admonition in a fiat properly served on non- moving counsel, a subsequent non-conforming request to continue or re-schedule based on unfamiliarity with the Webb County Local Civil Rules will be denied.
Civil cases
Page 14 | Waiver of Hearing
A non-moving counsel who fails to provide alternate hearing dates may not later seek to continue or reschedule the set motion based on 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 | 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, 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 bring all multiple settings to the affected judges’ attention as soon as the attorney learns of them.
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 A
Attorneys planning to use courtroom electronic equipment must notify the Court 24 hours in advance so the equipment can be prepared.
Attorneys intending to use the electronic equipment in the courtroom must give the Court 24 hour notice so that the equipment can be properly prepared.
Page 2 | 111th RULES FOR LAWYERS
Attorneys who have a conflicting setting and will be late must notify the court coordinator and opposing counsel as soon as the conflict becomes apparent, stating the conflict’s nature, where counsel can be reached, the requested announcement, and the expected time of personal appearance.
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
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
Parties who want to appear at the uncontested docket must notify the court at least one day before the setting.
Parties desiring to appear at the uncontested docket shall provide notice to the court at least one day prior to the setting.
Civil cases
Page 7 | RULE 4.13 UNCONTESTED MATTERS
The uncontested docket is held on the second Friday of each month unless the court is in trial, and the Court requires 24-hour notice.
4. The 2nd Friday of every month, unless in trial, will be set aside as an uncontested docket date beginning at 8:00 a.m. and ending at 12:00 p.m. 24 hour notice to the Court is required.
Page 1 | 111th RULES FOR LAWYERS
Attorneys intending to use courtroom electronic equipment must notify the Court 24 hours in advance so the equipment can be prepared.
21. Attorneys intending to use the electronic equipment in the courtroom must give the Court 24 hour notice so that the equipment can be properly prepared.
Page 2 | 111th RULES FOR LAWYERS
If the judgment, decree, or order is not on file by the entry-of-judgment date, counsel will receive one courtesy call to file it by 5 p.m. that day, unless additional time is given.
20. All cases will be given an entry of judgment date within thirty days. If the judgment, decree or order is not on file, counsel will receive one courtesy call to have judgment in by 5:00 p.m. on the same day unless addition time is given.
Page 2 | 111th RULES FOR LAWYERS
Questions about procedures may be directed to the Court, but the Court cannot give legal advice or communicate ex parte about cases; when in doubt, put questions in writing and copy opponents.
If you have a question about procedures, please ask - we are here to serve. Remember, however, that we cannot give legal advice and cannot have ex parte communications about cases. When in doubt, put your question in writing and copy your opponents.
Page 1 | Open Door Policy
Walk-in hearings are allowed when they do not conflict with specified proceedings; attorneys must coordinate with the court coordinator by giving 24-hour notice, although the court may hear an uncontested matter immediately at its discretion.
Walk-in hearings on uncontested matters will be allowed at all times that do not conflict with on-going jury or non-jury trials or with complex discovery conferences or hearings. 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. A court nonetheless retains the discretion to hear uncontested matters at the time of request.
Civil cases
Page 7 | RULE 3.14 A. Procedure for Walk-Ins on Uncontested Matters
A hearing on a motion may be waived if all counsel of record agree and notice is given to the court.
Hearings on any motion may be waived if all counsel of record agree and notice of same is given to the court.
Civil cases
Page 15
Argument in a summary judgment matter may be waived by agreement of counsel and the court, by written notice to the court.
Argument in summary judgment matters may be waived by agreement of counsel and court by written notice to the court.
Civil cases
Page 15
Civil-case inquiries should be sent by email to Civil Court Coordinator Stephanie Palacios.
All inquiries regarding Civil Cases, please email Civil Court Coordinator Stephanie Palacios
Page 1 | Case Information Inquiry — Civil Cases
Criminal-case inquiries should be sent by email to Criminal Court Coordinator Gloria Hernandez.
All inquiries regarding Criminal Cases, please email Criminal Court Coordinator Gloria Hernandez.
Page 1 | Case Information Inquiry — Criminal Cases
Inquiries about services through the Court Reporter should be sent by email to Vicente Mendoza.
All inquiries regarding services through our Court Reporter, please email Vicente Mendoza.
Page 1 | Case Information Inquiry