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Court Rules
Judge

Judge Rebecca (Beckie) Palomo

Individual Rules, Standing Orders & Policies

Rules last changed:
Webb County District Courts

Adjournments

  • Failure to provide alternate hearing dates precludes a later request to continue or reschedule the motion based on that prior unavailability.
  • If the italicized 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.
  • The parties may not agree to reset a trial setting without prior notice to the court or a timely continuance motion, and court approval of the reset or continuance.
  • +15 more

Request must include

Proposed Rescheduled Date
  • A continuance motion in a non-jury case must be filed at least four days before the non-jury trial date.
  • The parties may request a continuance in writing at least 10 days before a non-jury trial or 30 days before a jury trial.
3Working Daysnotice
  • Continuance motions by either the State or the defendant must comply with Chapter 29, be filed at least three working days before jury selection, and be presented to and considered by the court before the scheduled trial date.
Cases:
Filters:

Document Format Requirements12 rules

FormattingMandatoryCivil cases

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.

Formatting

  • Documents printed on thermal paper shall not be filed
Webb:aec799522f6bedf12fa77776 · p. 4
|SectionRULE 3.10(b) RULES GOVERNING THE PROCEDURE FOR THE DISTRICT CLERK OF WEBB COUNTY TO RECEIVE AND FILE ELECTRONICALLY TRANSMITTED COURT DOCUMENTS
FormattingMandatoryCivil cases

Electronically transmitted filings must use approximately 8½-by-11-inch paper, and the original hard copy must be clear and dark enough for legible transmission.

Paper size
Letter

Formatting

  • The 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.

Webb:aec799522f6bedf12fa77776 · p. 5
|Section3.10(b) Electronic Filing
FormattingMandatoryCivil cases

Motions for preferential setting shall be written, verified and specific.

Webb:aec799522f6bedf12fa77776 · p. 10
|SectionRULE 3.20 PREFERENTIAL SETTINGS
FormattingMandatoryCivil cases

d. Parties must mark their exhibits to include the date and case number on each.

FormattingMandatory

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.

Formatting

  • Documents printed on thermal paper shall not be filed
Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 5
|SectionRULE 3.10 (b) RULES GOVERNING THE PROCEDURE FOR THE DISTRICT OR COUNTY CLERK OF WEBB COUNTY TO RECEIVE AND FILE ELECTRONICALLY TRANSMITTED COURT DOCUMENTS
FormattingMandatory

Electronically transmitted filings must be approximately 8½ by 11 inches and clear and dark enough to transmit legibly.

Paper size
Letter

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.

Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 6
|SectionRULE 3.10 (b) RULES GOVERNING THE PROCEDURE FOR THE DISTRICT OR COUNTY CLERK OF WEBB COUNTY TO RECEIVE AND FILE ELECTRONICALLY TRANSMITTED COURT DOCUMENTS
FormattingMandatory

d. Parties must mark their exhibits to include the date and case number on each.

Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 45
|SectionAPPENDIX E — JOINT FINAL PRETRIAL REPORT, 10. EXHIBITS
FormattingImportant

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.

Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 17
|SectionRULE 3.34 FINAL PRE-TRIAL HEARING
FormattingImportant

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.

Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 26
|SectionRULE 4.17 INVENTORY AND APPRAISEMENT
FormattingImportant

a. Each party will attach to the Joint Pre-trial Order a copy of their exhibit list, pre-marked in numerical order with the case number.

Applies to
  • Exhibit list

Formatting

  • Pre-mark exhibits in numerical order with the case number
FormattingImportant

a. Jury Trial. Attach a hard copy or email a proposed charge, including instructions, definitions and jury questions, with case law or formbook reference (on CD-R or pen drive using Microsoft Word).

Applies to
  • Proposed jury charge

Formatting

  • Provide it on CD-R or pen drive using Microsoft Word
FormattingImportantCivil cases

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.

Webb:4ac8b67481fe1a914a8011db · p. 9
|SectionRULE 4.17 INVENTORY AND APPRAISEMENT

Document Filing Requirements211 rules

Filing RequirementsMandatoryCivil cases

Each electronically transmitted filing must be individually signed by the party or the party’s attorney of record and contain that person’s State Bar identification 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.

Webb:aec799522f6bedf12fa77776 · p. 5
|Section3.10(b) Electronic Filing
Filing RequirementsMandatoryCivil cases

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.

Webb:aec799522f6bedf12fa77776 · p. 5
|Section3.10(b) Electronic Filing
Filing RequirementsMandatoryCivil cases

All requests for non-jury trial settings shall be by motion with accompanying fiat

Document
Motion

Must include

  • Accompanying fiat
Webb:aec799522f6bedf12fa77776 · p. 7
|SectionRULE 3.13 REQUEST FOR TRIAL SETTINGS-NON-JURY
Filing RequirementsMandatoryCivil cases

All new settings shall include the submission of a new Pre-Trial Guideline Order with/without new deadlines subject to the Court’s discretion.

Webb:aec799522f6bedf12fa77776 · p. 9
|SectionA. Date of Setting
Filing RequirementsMandatoryCivil cases

A motion must be accompanied by a certificate of conference signed by movant’s counsel in one of the prescribed forms.

Document
Motion

Must include

  • Certificate of conference

Court's wording

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.

Webb:aec799522f6bedf12fa77776 · p. 11
|SectionRule 3.24 Hearing on Pre-Trial Pleas and Motions
Filing RequirementsMandatoryCivil cases

A separate proposed order granting the relief sought shall accompany the motion.

Document
Motion

Must include

  • Proposed order
Filing RequirementsMandatoryCivil cases

Every opposed motion presented for filing shall state with particularity the relief or order sought.

Filing RequirementsMandatoryCivil cases

A hearing-setting fiat or order must include the listed case, hearing, requesting-party, scheduling, signature, and time-estimate details, and must be served on counsel when and as it is presented to the coordinator.

Court's wording

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.

Webb:aec799522f6bedf12fa77776 · p. 13
|SectionD. Setting of Hearings on Motions
Filing RequirementsMandatoryCivil cases

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).

Webb:aec799522f6bedf12fa77776 · p. 14
|SectionD. Setting of Hearings on Motions
Filing RequirementsMandatoryCivil cases

Every ex parte application must include a certificate signed by counsel stating one of the specified circumstances regarding the opposing party’s representation or notice.

Court's wording

H. Ex Parte Applications: 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.

Webb:aec799522f6bedf12fa77776 · p. 15
|SectionH. Ex Parte Applications
Filing RequirementsMandatoryCivil cases

3. Includes a proposed order and certificate of conference pursuant to Local Rule 3.24

Include

  • Proposed order
  • Certificate of conference
Webb:aec799522f6bedf12fa77776 · p. 16
|SectionRULE 3.27 DISCOVERY DISPUTES — A. Discovery Motions
Filing RequirementsMandatoryCivil cases

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.

Webb:aec799522f6bedf12fa77776 · p. 17
|SectionRULE 3.31. SUMMARY JUDGMENTS
Filing RequirementsMandatoryCivil cases

The joint Certificate of Progress must report mediation status, pending motions for which a pre-hearing ruling is requested and related proposed orders, outstanding discovery or completion concerns, and anticipated final-pretrial hearing matters with estimated argument time.

Court's wording

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.

Webb:aec799522f6bedf12fa77776 · p. 18
|SectionRULE 3.36 CERTIFICATE OF PROGRESS
Filing RequirementsMandatoryCivil cases

The parties need not appear at the entry hearing if all parties submit the approved-form Agreed Pre-Trial Guideline Order and the court approves it before the hearing date.

Court's wording

If all parties to the litigation submit an Agreed Pre-Trial Guideline Order on the approved form by the Webb County District Courts and County Courts at Law and the respective court approves same prior to the hearing date, then the parties do not need to appear at the hearing for Entry of Pre-Trial Guideline Order.

Webb:aec799522f6bedf12fa77776 · p. 18
|SectionRULE 3.35 PRE-TRIAL GUIDELINE ORDER AND SCHEDULING CONFERENCES
Filing RequirementsMandatoryCivil 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.

Webb:aec799522f6bedf12fa77776 · p. 18
|SectionRULE 3.36 CERTIFICATE OF PROGRESS
Filing RequirementsMandatoryCivil cases

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.

Webb:aec799522f6bedf12fa77776 · p. 18
|SectionRULE 3.37 FINAL PRE-TRIAL HEARING
Filing RequirementsMandatoryCivil cases

If the Court designates a case as complex, the parties must file a Complex Designation Order for the Court’s approval.

Court's wording

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.

Webb:aec799522f6bedf12fa77776 · p. 18
|SectionRULE 3.33 COMPLEX CASE DESIGNATION
Filing RequirementsMandatoryCivil cases

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.

Filing RequirementsMandatoryCivil cases

Each attorney shall prepare a list of trial exhibits and provide the court and opposing counsel a copy of this list prior to trial.

Webb:aec799522f6bedf12fa77776 · p. 19
|Section3.38 TRIAL WITNESSES AND EXHIBITS
Filing RequirementsMandatoryCivil cases

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.

Webb:aec799522f6bedf12fa77776 · p. 19
|SectionRULE 3.42. JURY CHARGE QUESTIONS AND INSTRUCTIONS.
Filing RequirementsMandatoryCivil cases

Each Attorney shall pre-mark and identify their exhibits prior to trial by the date ordered by the court.

Webb:aec799522f6bedf12fa77776 · p. 19
|Section3.38 TRIAL WITNESSES AND EXHIBITS
Filing RequirementsMandatoryCivil cases

A. Miscellaneous Pleadings - Every pleading of a party shall be properly titled.

Webb:aec799522f6bedf12fa77776 · p. 20
|SectionRULE 3.45. OTHER LOCAL RULES.
Filing RequirementsMandatoryCivil cases

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).

Webb:aec799522f6bedf12fa77776 · p. 20
|SectionRULE 3.43. SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS.
Filing RequirementsMandatoryCivil cases

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.

Webb:aec799522f6bedf12fa77776 · p. 20
|SectionRULE 3.43. SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS.
Filing RequirementsMandatoryCivil cases

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.

Webb:aec799522f6bedf12fa77776 · p. 20
|SectionRULE 3.43. SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS.
Filing RequirementsMandatoryCivil cases

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."

Webb:aec799522f6bedf12fa77776 · p. 20
|SectionRULE 3.45. OTHER LOCAL RULES.
Filing RequirementsMandatoryCivil cases

A. All Cases - The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.

Webb:aec799522f6bedf12fa77776 · p. 20
|SectionRULE 3.43. SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS.
Filing RequirementsMandatoryCivil cases

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.

Webb:aec799522f6bedf12fa77776 · p. 20
|SectionRULE 3.43. SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS.
Filing RequirementsMandatoryCivil cases

Further, no order of assigning wages is complete, unless accompanied by notice to employer and request for issuance of the order withholding wages.

Webb:aec799522f6bedf12fa77776 · p. 20
|SectionRULE 3.43. SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS.
Filing RequirementsMandatoryCivil cases

In post-divorce-decree matters, the prevailing party through counsel must submit the court-granted orders to the court and provide a copy to adverse counsel or the pro se party.

Court's wording

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.

Webb:aec799522f6bedf12fa77776 · p. 20
|SectionRULE 3.43. SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS.
Filing RequirementsMandatoryCivil cases

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.

Filing RequirementsMandatoryCivil cases

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.

Webb:aec799522f6bedf12fa77776 · p. 22
|SectionAPPENDIX B — COMPLEX CASE DESIGNATION ORDER (LR 3.33)
Filing RequirementsMandatoryCivil cases

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.

Webb:aec799522f6bedf12fa77776 · p. 22
|SectionAPPENDIX B — COMPLEX CASE DESIGNATION ORDER (LR 3.33)
Filing RequirementsMandatoryCivil cases

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.

Include

  • Certificate of conference
Filing RequirementsMandatoryCivil cases

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.

Webb:aec799522f6bedf12fa77776 · p. 30
|SectionAppendix E — Joint Final Pretrial Report, 10(b)
Filing RequirementsMandatoryCivil cases

c. Within reason, other objections to admissibility of exhibits must be made at least three (3) days before trial; the Court will be notified in writing of disputes, with copies of the disputed exhibit and authority.

Webb:aec799522f6bedf12fa77776 · p. 30
|SectionAppendix E — Joint Final Pretrial Report, 10(c)
Filing RequirementsMandatoryCivil cases

Each party must provide two exhibit lists on a clerk-like form, make exhibits available to opposing counsel, and exchange documentary exhibits before trial, subject to the stated exceptions.

Must include

  • Exhibit list

Court's wording

a. On a form similar to the one provided by the clerk, each party will attach two lists of all exhibits expected to be offered and will make the exhibits available for examination by opposing counsel. All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated.

Webb:aec799522f6bedf12fa77776 · p. 30
|SectionAppendix E — Joint Final Pretrial Report, 10(a)
Filing RequirementsMandatoryCivil cases

The joint final pretrial report must include the specified counsel, case, jurisdiction, motion, party-contention, fact, and legal-proposition information.

Court's wording

1. APPEARANCE OF COUNSEL. List each party, its counsel, and counsel’s address and telephone number in separate paragraphs. 2. STATEMENT OF THE CASE. Give a brief statement of the case, one that the judge could read to the jury panel for an introduction to the facts and parties; include names, dates, and places. 3. JURISDICTION. Briefly specify the jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state it. 4. MOTIONS. List pending motions. 5. CONTENTIONS OF THE PARTIES. State concisely in separate paragraphs each party’s claims. 6. ADMISSIONS OF FACT. List all facts that require no proof. 7. CONTESTED ISSUES OF FACT. List all material facts in controversy. 8. AGREED PROPOSITIONS OF LAW. List the legal propositions that are not in dispute. 9. CONTESTED PROPOSITIONS OF LAW. State briefly the unresolved questions of law, with authorities to support each.

Webb:aec799522f6bedf12fa77776 · p. 30
|SectionAppendix E — Joint Final Pretrial Report
Filing RequirementsMandatoryCivil cases

12. SETTLEMENT. State that all settlement efforts have been exhausted, that the case cannot be settled, and that it will have to be tried.

Filing RequirementsMandatoryCivil cases

b. For a non-jury trial: proposed findings of fact (without repeating uncontested facts) and conclusions of law, with authority.

Filing RequirementsMandatoryCivil cases

13. TRIAL. State the probable length of trial; logistical problems including the availability of witnesses, out-of-state people, bulky exhibits and demonstrations.

Filing RequirementsMandatoryCivil cases

The witness list must give each potential witness’s name, address, and testimony subject, and include expert qualifications.

Court's wording

a. List the names and addresses of witnesses who may be called with a brief statement of the nature of their testimony. Include the qualifications of expert witnesses; these will be used to qualify the expert at trial.

Filing RequirementsMandatoryCivil cases

a. For a jury trial: proposed charge (including instructions, definitions, and special interrogatories, with authority).

Filing RequirementsMandatoryCivil cases

The filing must include the stated language requiring written notice to opposing counsel of later-identified witnesses, except rebuttal or impeachment witnesses.

Court's wording

b. Include: “If other witnesses to be called at the trial become known, their names, addresses and subject matter of their testimony will be reported to opposing counsel in writing as soon as they are known; this does not apply to rebuttal or impeachment witnesses.”

Filing RequirementsMandatory

Electronically transmitted filings must use approximately 8½-by-11-inch paper, be individually signed, include the signer’s specified identifying and contact information, and be clear and dark enough to transmit legibly.

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.

Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 6
|SectionRULE 3.10 (b) RULES GOVERNING THE PROCEDURE FOR THE DISTRICT OR COUNTY CLERK OF WEBB COUNTY TO RECEIVE AND FILE ELECTRONICALLY TRANSMITTED COURT DOCUMENTS
Filing RequirementsMandatory

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.

Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 6
|SectionRULE 3.10 (b) RULES GOVERNING THE PROCEDURE FOR THE DISTRICT OR COUNTY CLERK OF WEBB COUNTY TO RECEIVE AND FILE ELECTRONICALLY TRANSMITTED COURT DOCUMENTS
Filing RequirementsMandatory

All requests for non-jury trial settings shall be by motion with accompanying fiat and heard pursuant to Local Rule 3.13 or by Rule 11 agreement approved by the Court.

Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 8
|SectionRULE 3.12 REQUEST FOR TRIAL SETTINGS-NON-JURY
Filing RequirementsMandatory

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.

Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 9
|SectionRULE 3.15 JURY FEE AND JURY DEMAND
Filing RequirementsMandatory

All new settings shall include the submission of a new Pre-Trial Guideline Order with/without new deadlines subject to the Court’s discretion.

Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 9
|SectionRULE 3.17 ASSIGNMENT OF CASES FOR TRIAL
Filing RequirementsMandatory

A motion for preferential setting must be written, verified, and specific; upon counsel’s request, it must be granted for cases entitled to preference by law or cases the Court determines require priority.

Court's wording

Motions for preferential setting shall be written, verified and specific. Upon request of counsel, such motions shall be granted in the following cases: A. Cases entitled to preferential setting by law; or B. A case that the Court has determined because of its nature, circumstances and litigation history, requires a priority trial setting.

Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 10
|SectionRULE 3.19 PREFERENTIAL SETTINGS
Filing RequirementsMandatory

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
Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 11
|SectionRULE 3.23 HEARING ON PRE-TRIAL PLEAS AND MOTIONS, A. Opposed Motions
Filing RequirementsMandatory

Every opposed motion presented for filing shall state with particularity the relief or order sought. A separate proposed order granting the relief sought shall accompany the motion.

Document
Motion

Must include

  • Proposed order
Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 12
|SectionRULE 3.23 HEARING ON PRE-TRIAL PLEAS AND MOTIONS, A. Opposed Motions
Filing RequirementsMandatory

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).

Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 13
|SectionD. Setting of Hearings on Motions
Filing RequirementsMandatory

A separate proposed order granting the relief sought shall accompany the motion.

Document
Motion

Must include

  • Proposed order
Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 13
|SectionSetting of Hearings on Motions
Filing RequirementsMandatory

A hearing fiat or order must contain the listed case, hearing, requester, scheduling, signature, and time-estimate information.

Court's wording

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.

Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 13
|SectionD. Setting of Hearings on Motions
Filing RequirementsMandatory

An ex parte application must include a certificate signed by counsel establishing one of the specified representation or notice circumstances.

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.

Filing RequirementsMandatory

3. Includes a proposed order and certificate of conference pursuant to Local Rule 3.24.

Include

  • Proposed order
  • Certificate of conference
Webb:a9a447c9086851327f9875d9 · Sep 2010 · p. 15
|SectionRULE 3.26 — DISCOVERY DISPUTES
Filing RequirementsMandatoryCriminal cases

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.

Webb:2075d40fd84c27bf828e9297 · Mar 2014 · p. 1
|SectionLocal Rule/Policy for District Courts on Appointment of Sign Language Interpreters in Criminal Cases

Filing & Service rules

Electronic Filing Rules

The clerk may accept court documents by electronic transmission, except returns of service on citations, bonds, and signed orders or judgments.

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) Electronic Filing

The clerk may accept documents for filing by electronic transmission, except returns of service on citations, bonds, and signed orders or judgments.

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.

Page 5 | RULE 3.10 (b) RULES GOVERNING THE PROCEDURE FOR THE DISTRICT OR COUNTY 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.

Page 6 | RULE 3.10 (b) RULES GOVERNING THE PROCEDURE FOR THE DISTRICT OR COUNTY CLERK OF WEBB COUNTY TO RECEIVE AND FILE ELECTRONICALLY TRANSMITTED COURT DOCUMENTS

After filing an electronically transmitted document, the clerk will electronically send the sender an acknowledgment and any cost receipt.

After filing an electronically transmitted document, the clerk will electronically transmit to the sender an acknowledgment of the filing, together with cost receipt, if any.

Page 6 | RULE 3.10 (b) RULES GOVERNING THE PROCEDURE FOR THE DISTRICT OR COUNTY CLERK OF WEBB COUNTY TO RECEIVE AND FILE ELECTRONICALLY TRANSMITTED COURT DOCUMENTS

Filing Timing and Cure Windows

Electronic transmission alone does not complete 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) Electronic Filing

Accepted transmissions completed before 5:00 p.m. on a normal business day are filed that day; transmissions completed after 5:00 p.m. or on weekends or holidays are to be verified and filed before 10:00 a.m. on the first following business day, and the sender must check for changes to normal business hours.

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) Electronic Filing

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 joint Certificate of Progress is due 60 days before the Final Pre-Trial Hearing in Level 3 and complex-designated 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 approved-form 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.

Civil cases

Page 18 | RULE 3.37 FINAL PRE-TRIAL HEARING

An opposing attorney must file and serve a request for rulings 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 | 3.38 TRIAL WITNESSES AND EXHIBITS

Attorneys on the jury docket must report at 8:15 a.m. on the trial and jury-selection date and submit written proposed initial jury questions or instructions with supporting legal authorities, unless ordered to submit them 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 | 3.38 TRIAL WITNESSES AND EXHIBITS

The disclosure and page-and-line identifications 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

Objections and cross-line page-and-line 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

Opposing counsel must file objections to a proposed judgment or order within three working days after receiving it.

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.

Responding parties must file within ten days of the date set for amended pleadings.

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

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

Once the clerk verifies completeness and confirms payment authorization or escrow debit, the electronic documents are deemed 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.

Page 6 | RULE 3.10 (b) RULES GOVERNING THE PROCEDURE FOR THE DISTRICT OR COUNTY CLERK OF WEBB COUNTY TO RECEIVE AND FILE ELECTRONICALLY TRANSMITTED COURT DOCUMENTS

An accepted electronically transmitted document is recognized as the original record for filing or evidentiary purposes when it bears the clerk’s official date-and-time file stamp.

An electronically transmitted document accepted for filing will be recognized as the original record for file or for evidentiary purposes when it bears the clerk’s official date and time file stamp.

Page 6 | RULE 3.10 (b) RULES GOVERNING THE PROCEDURE FOR THE DISTRICT OR COUNTY CLERK OF WEBB COUNTY TO RECEIVE AND FILE ELECTRONICALLY TRANSMITTED COURT DOCUMENTS

Accepted transmissions completed before 5:00 p.m. on a normal business day are filed that day; later, weekend, or holiday transmissions are verified and filed before 10:00 a.m. on the first following business day, and the sender must check for changes to normal business hours.

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.

Page 7

Electronic transmission alone is not filing; filing is complete when the clerk affixes the official date-and-time file stamp.

14. 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.

Page 7

The jury demand must be on file and the jury fee paid 30 days before the trial setting.

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.

Page 9 | RULE 3.15 JURY FEE AND JURY DEMAND

The deposition-testimony designations must be filed at least one week before the final pretrial conference.

A proffering 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.

Page 17 | RULE 3.35 TRIAL WITNESSES AND EXHIBITS

The request for a ruling must be filed 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.

Page 17 | RULE 3.35 TRIAL WITNESSES AND EXHIBITS

The deposition-witness disclosure and page-and-line identifications 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.

Page 17 | RULE 3.34 FINAL PRE-TRIAL HEARING

Objections and cross-line page-and-line designations to deposition testimony must be filed seven 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.

Page 17 | RULE 3.34 FINAL PRE-TRIAL HEARING

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.

Page 17 | RULE 3.34 FINAL PRE-TRIAL HEARING

The joint Certificate of Progress is due 60 days before the Final Pre-Trial Hearing in Level 3 and designated 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.

Page 17 | RULE 3.33 CERTIFICATE OF PROGRESS

Attorneys whose cases are on the jury docket must report at 8:15 a.m. on the date set for trial and jury selection and submit the required materials then, unless ordered to submit them 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.

Page 18 | RULE 3.38 JURY CHARGE QUESTIONS AND INSTRUCTIONS

The order and judgment must be forwarded to opposing counsel for approval as to form within seven days.

The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.

Page 18 | RULE 3.39 SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS

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.

Page 18 | RULE 3.39 SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS

Contested family law cases must be heard within six months of the appearance date or, when a Family Code waiting period applies, within six months after it expires, 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.

Page 19 | RULE 4.10 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION

A written jury request and the fee must be filed and paid 30 days before trial.

A written jury request and the fee must be filed and paid thirty (30) days before the trial date.

Page 19 | RULE 4.10 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION

Parties and counsel must be ready for trial 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.

Page 19 | RULE 4.10 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION

The proposed property division must be submitted to the Court and opposing counsel 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.

Page 23 | RULE 4.12 DISPOSITION PROPOSALS

Parties who want to appear at an uncontested docket must provide notice to the court at least one day before the setting.

Uncontested matters shall be handled by an uncontested docket as directed by the Court. No scheduled setting will be required for such dockets. Parties desiring to appear at the uncontested docket shall provide notice to the court at least one day prior to the setting. Refer to Rule 3.14 of the Local Civil Rules.

Page 24 | RULE 4.13 UNCONTESTED MATTERS

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.

Page 26 | RULE 4.17 INVENTORY AND APPRAISEMENT

Original appointed-counsel applications, indigency affidavits, and related pre-filing orders must be delivered to a pretrial services officer after the magistrate completes the indigency determination and appointment process for filing under the accused’s unique file number.

c. Applications for Court Appointed Attorneys, Affidavits of Indigency and Orders Relating to Appointment of Counsel entered prior to filing case with County or District Clerk. All original applications for court appointed counsel; affidavits of indigency and any orders entered prior to the filing of a case relating to appointment of counsel or determination of indigency shall be delivered to a pretrial services officer after the magistrate has completed the determination of indigency and appointment of counsel for filing with the County or District Clerk by the accused’s unique file number.

Page 27 | RULE 6.02 PRE-FILING DOCUMENTS

If an incarcerated defendant requested appointed counsel, the pretrial services officer must deliver the completed original Magistrate’s Warning for filing after the magistrate determines indigency and appoints counsel if the defendant is indigent.

b. If an incarcerated defendant has requested appointment of counsel, the completed original Magistrate's Warning shall be delivered to the County or District Clerk by the pretrial services officer for filing by the accused’s unique file number after the magistrate has determined the indigency status of the defendant and appointed counsel for the defendant, if found to be indigent.

Page 27 | RULE 6.02 PRE-FILING DOCUMENTS

A pretrial services officer must collect original complaints and Magistrate’s Warnings from the magistrate and file them with the appropriate clerk daily under the accused’s unique file number.

2. Magistrate's Warning. 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.

Page 27 | RULE 6.02 PRE-FILING DOCUMENTS

A pretrial services officer must collect original bonds from the Sheriff and file them with the County or District Clerk daily.

1. Bonds. A pretrial services officer shall collect original bonds from the Sheriff daily and file them with the County or District Clerk.

Page 27 | 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 its completion and file it with the County or District Clerk under the accused’s unique file number.

a. 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.

Page 27 | RULE 6.02 PRE-FILING DOCUMENTS

The prosecuting attorney must forward miscellaneous case documents for filing with the District or County Clerk upon receipt, under the accused’s unique file number.

d. Other. Miscellaneous documents relating to the accused's case (e.g., applications for probation, letters from attorneys, etc.) will be forwarded by the prosecuting attorney upon receipt to be filed with the District or County Clerk to be placed in the accused’s unique file number.

Page 28 | RULE 6.02 PRE-FILING DOCUMENTS

When a bond forfeiture proceeding is filed, the original bond must be filed in that case file; the district attorney’s office must file a copy in the criminal case file when the information is filed or the indictment is returned.

If a bond forfeiture proceeding is filed, then the original bond will be filed in that the bond forfeiture case file. 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.

Page 28 | RULE 6.02 PRE-FILING DOCUMENTS

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.

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.

Page 31 | RULE 6 — CRIMINAL CASES

The State and defendant must file all non-constitutional motions seven days before the 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).

Page 31 | RULE 6.08 — DOCKET MANAGEMENT

Pre-trial motions, including motions in limine, must meet any set deadline unless the Court grants an extension for good cause shown.

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.

Page 31 | RULE 6.09 — PRE-TRIAL MATTERS

An attorney’s written vacation designation must be filed with the district clerk, with copies to all Webb County courts of record, at least 15 days before the designated vacation.

The written designation(s) must be filed with the district clerk (with copies to all courts of record in Webb County) no later than fifteen (15) days prior to the date of the attorney's designated vacation.

Page 36 | RULE 10.13 — ATTORNEY VACATIONS

The exhibit list must be provided to opposing counsel and the Court one week before the final pretrial conference.

a list of the pre-numbered and marked Exhibits must be provided to opposing counsel and the Court one week before the Final Pre-Trial Conference

Page 38 | APPENDIX A

All jury cases must be set for trial within one year after filing.

Jury Trial/Trial Date: __________________ at 8:00 A.M. (ALL JURY CASES MUST BE SET FOR TRIAL WITHIN ONE YEAR AFTER FILING.)

Page 38 | APPENDIX A

Service and Proof of Service Rules

A motion to quash a deposition must be filed with the district clerk and served on opposing counsel or parties in accordance with the referenced rules.

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

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

Counsel offering deposition testimony at trial must serve the page-and-line designations on the other parties as part of filing 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

The prevailing party through counsel must provide a copy of the submitted post-divorce-decree 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.

A. All Cases - The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.

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.

A 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.

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.

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.

1. 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.

Page 15 | RULE 3.26 — DISCOVERY DISPUTES

Each attorney must provide the trial-exhibit list to the court and opposing counsel before trial.

Each attorney shall prepare a list of trial exhibits and provide the court and opposing counsel a copy of this list prior to trial.

Page 17 | RULE 3.35 TRIAL WITNESSES AND EXHIBITS

The request for a ruling must be served 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.

Page 17 | RULE 3.35 TRIAL WITNESSES AND EXHIBITS

Proffering counsel must serve the deposition-testimony designations at least one week before the final pretrial conference.

A proffering 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.

Page 17 | RULE 3.35 TRIAL WITNESSES AND EXHIBITS

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.

Page 17 | RULE 3.34 FINAL PRE-TRIAL HEARING

The order and judgment must be forwarded to opposing counsel for signature and approval as to form within seven days.

The order and judgment shall be forwarded to opposing counsel for signature for approval as to form with seven (7) days.

Page 18 | RULE 3.39 SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS

The prevailing party through counsel must provide a copy of the granted order to adverse counsel and/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.

Page 18 | RULE 3.39 SUBMISSION OF ORDERS, JUDGMENTS, INSTRUCTIONS

Parties must exchange the specified financial documents before the temporary-orders hearing, subject to the stated agreement or good-cause exception.

A. Temporary Orders. 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; 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; 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.

Page 24 | RULE 4.14 FINANCIAL INFORMATION AND DISCLOSURE — A. Temporary Orders

A party must reasonably supplement or amend disclosure when they learn it was or has become incomplete or incorrect, 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.

Page 25 | Duty of Supplement

In the specified family-law suits, each party must disclose certain information to the other party without waiting for a discovery request, including making information in their 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.

Page 25 | Duty of 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 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.

Page 26 | RULE 4.17 INVENTORY AND APPRAISEMENT

A. Notification of Arraignment/Initial Appearance Date. 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. The District or the County Clerk shall also notify the defendant's attorney, and surety or bail bond person of the arraignment by

A. Notification of Arraignment/Initial Appearance Date. 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. The District or the County Clerk shall also notify the defendant's attorney, and surety or bail bond person of the arraignment by

Page 30 | Rule 6.07

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.

Page 32 | RULE 6.09 — PRE-TRIAL MATTERS, 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 a motion must include a certificate identifying opposing counsel and the delivery method.

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.

Page 32 | RULE 6.09 — PRE-TRIAL MATTERS, D. Certificates Required

Defense counsel must give written notice to the district attorney and applicable clerk immediately upon employment or court appointment.

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.

Page 33 | RULE 6.10 APPEARANCE OF DEFENDANT AND COUNSEL / COURT ATTENDANCE

A party requiring authentication must notify offering counsel in writing within five days after the exhibit is listed and made available; otherwise, failure 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.

Page 45 | APPENDIX E — JOINT FINAL PRETRIAL REPORT, 10. EXHIBITS

Documentary exhibits must be exchanged before trial, except 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 45 | APPENDIX E — JOINT FINAL PRETRIAL REPORT, 10. EXHIBITS

As soon as additional trial witnesses become known, their names, addresses, and testimony subject matter must be reported to opposing counsel in writing, except for rebuttal or impeachment witnesses.

“If other witnesses to be called at the trial become known, their names, addresses and subject matter of their testimony will be reported to opposing counsel in writing as soon as they are known; this does not apply to rebuttal or impeachment witnesses.”

Page 46 | APPENDIX E — JOINT FINAL PRETRIAL REPORT, 11. WITNESSES

Documentary exhibits must be exchanged at least ten business days before the final pre-trial hearing, except for rebuttal exhibits or exhibits whose use cannot be anticipated.

b. All documentary exhibits must be exchanged at least ten business days before the final pre-trial hearing, except for rebuttal exhibits or those whose use cannot be anticipated.

Page 1 | EXHIBITS

The clerk must notify each defendant of the arraignment by mail as soon as practicable after the hearing is set.

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 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 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 | Rule 6.09 D. Certificates Required

When an attorney files a pleading or motion, a copy must be sent to opposing counsel at the same time by hand delivery, mail, email, or fax, and a 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. Certificates Required

For temporary-order hearings involving child or spousal support, parties must exchange the listed financial documents before the hearing, unless they 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

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.

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

Filing Fees and Waivers

Electronically transmitted documents will not be accepted for filing until court costs and fees are paid; payment may be made by Mastercard, Visa, or an escrow account with the clerk.

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 | 3.10(b) Electronic Filing

A case is set on the non-jury docket unless a jury demand is on file and the jury fee is paid 30 days before trial.

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

Electronic filings are not accepted until costs and fees are paid; payment may be made by Mastercard, Visa, or an escrow account, and filings missing payment or complete authorization information or not conforming to applicable rules 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.

Page 6 | RULE 3.10 (b) RULES GOVERNING THE PROCEDURE FOR THE DISTRICT OR COUNTY CLERK OF WEBB COUNTY TO RECEIVE AND FILE ELECTRONICALLY TRANSMITTED COURT DOCUMENTS

The jury fee must be paid for a case to be set on the 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.

Page 9 | RULE 3.15 JURY FEE AND JURY DEMAND

The fee for a jury request must be paid; the rule states no fee amount.

A written jury request and the fee must be filed and paid thirty (30) days before the trial date.

Page 19 | RULE 4.10 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION

The fee for a jury case 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

The clerk must adopt an electronic-filing fee schedule annually, subject to approval by the local courts.

A fee schedule for electronic filing shall be adopted annually by the clerk and approved by the local courts.

Page 6 | RULE 3.10 (b) RULES GOVERNING THE PROCEDURE FOR THE DISTRICT OR COUNTY CLERK OF WEBB COUNTY TO RECEIVE AND FILE ELECTRONICALLY TRANSMITTED COURT DOCUMENTS

The clerk must adopt an electronic-filing fee schedule annually, subject to approval by the local courts.

A fee schedule for electronic filing shall be adopted annually by the clerk and approved by the local courts.

Civil cases

Page 5 | 3.10(b) Electronic Filing

Sealing & Redaction Procedures

Personal information, account numbers, and similar information may be redacted from financial information filed with the court.

2. All financial information, if filed with the court, may have personal information, account numbers and other similar information redacted.

Page 24 | RULE 4.14 FINANCIAL INFORMATION AND DISCLOSURE — B. Final Financial Information

Any party may request that the sworn inventory and appraisement be sealed.

Any party may request that the Sworn Inventory and Appraisement be sealed.

Page 26 | RULE 4.17 INVENTORY AND APPRAISEMENT

Personal information, account numbers, and similar information may be redacted from financial information filed with the court.

2. 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 a motion, movant’s counsel must personally try at least three times during regular business hours on at least two business days to contact opposing counsel to hold or schedule a conference about the disputed matters.

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; 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 unless the court grants leave.

No motion shall be filed prior to the conference without leave of court

Civil cases

Page 23

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.

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.

Page 11 | RULE 3.23 HEARING ON PRE-TRIAL PLEAS AND MOTIONS, A. Opposed Motions

Before seeking discovery relief, movant’s counsel must make a good-faith effort to obtain it by agreement, comply with applicable procedural rules or show good cause for not making that effort, and include a proposed order and certificate of conference.

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.

Page 15 | RULE 3.26 — DISCOVERY DISPUTES

Before filing any motion, counsel must contact opposing counsel to hold or schedule a conference and make at least three separate contact attempts during regular business hours over a period of at least two business days.

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.

Page 32 | RULE 6.09 — PRE-TRIAL MATTERS, D. Certificates Required

A motion may not be filed before the conference without leave of court and a certificate that the movant conferred with opposing counsel in a good-faith effort to resolve the matter.

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 matter without court action.

Page 39 | Appendix B

Before filing any motion, counsel must contact opposing counsel to confer or schedule a 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 | Rule 6.09 D. Certificates Required

Parties are directed to use all reasonable means to resolve pretrial disputes before seeking judicial intervention.

Parties are directed to use all reasonable means to resolve pretrial disputes to avoid the necessity of judicial intervention.

Page 31 | RULE 6.08 — DOCKET MANAGEMENT

Parties are directed to use 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

For a complex or extraordinary case requiring additional preparation, a motion may be filed under 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.

Page 19 | RULE 4.10 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION

Either party may request one or more pretrial conferences under Rules 166 and 190.4.

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.

Page 38 | APPENDIX A

Adjournment & Extension Requirements

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 | Rule 3.21 Resetting Cases

The parties may not agree to reset a trial setting without prior notice to the court or a timely continuance motion, and court approval of 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 | Rule 3.21 Resetting Cases

A continuance motion 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 be filed no less than four (4) days prior to non-jury trial date.

Civil cases

Page 11 | Rule 3.21 Resetting Cases

A trial setting may be passed only by settlement, a written agreement or motion for continuance with the stated party and court consent, or a timely continuance motion under the Texas Rules of Civil Procedure with court consent; 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

Relief from the schedule will not be granted except for good cause shown.

Except for good cause shown: Relief from the this schedule shall not be granted

Civil cases

Page 25

Any modification to the scheduling order requires leave of court.

Leave of court is required for any modification to this order.

Civil cases

Page 26

The parties may not agree to reset a trial setting without prior notice to the court or 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.

Page 11 | RULE 3.20 RESETTING CASES

For a jury trial, a continuance motion filed after the Thursday before Monday jury selection is untimely absent 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.

Page 11 | RULE 3.20 RESETTING CASES

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.

Page 11 | RULE 3.20 RESETTING CASES

A trial setting may be continued by written agreement or motion of all parties with court consent, or by a timely motion under the Texas Rules of Civil Procedure with court consent; continuance motions are heard on the Court’s motion day or sooner if necessary.

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.

Page 16 | RULE 3.28 — CONTINUANCES

A trial setting may be passed based on a settlement that is in writing or on the record.

No trial setting shall be passed except by: A. Settlement, in writing or on the record;

Page 16 | RULE 3.28 — CONTINUANCES

An extension of time for a pre-trial motion deadline may be granted by the Court for good cause shown.

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.

Page 31 | RULE 6.09 — PRE-TRIAL MATTERS

Continuance motions by either the State or the defendant must comply with Chapter 29, 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.

Page 34 | RULE 6.13 CONTINUANCE/RESETTING/POSTPONEMENTS

Counsel may not pass a trial setting by agreement without prior approval from the trial judge.

No trial setting shall be passed by agreement of counsel without prior approval by the trial judge.

Page 34 | RULE 6.13 CONTINUANCE/RESETTING/POSTPONEMENTS

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.

Page 34 | 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

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

A State or Defendant motion for continuance 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

The 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

If the italicized 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 | D. Setting of Hearings on Motions

If unavailable on all proposed dates or disputing 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 or order.

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

Failure to provide alternate hearing dates precludes a later request 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

A non-moving lawyer who fails to provide alternate dates may not later seek to continue or reschedule the motion based on the previously known 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.1

Page 13 | D. Setting of Hearings on Motions

The parties may request a continuance in writing at least 10 days before a non-jury trial or 30 days before a jury trial.

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.

Page 19 | RULE 4.10 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION

After the deadline specified in Rule 6.13 B, only matters arising after that deadline may be considered good grounds for 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.

Page 34 | RULE 6.13 CONTINUANCE/RESETTING/POSTPONEMENTS

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 time 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

Chambers Communication Rules

Attorneys must coordinate walk-in settings with the court coordinator and give 24-hour notice, although the court may hear an uncontested matter when requested.

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 8 | RULE 3.14 DISPOSITION OF UNCONTESTED MATTERS, WALK-IN PROCEDURES

An attorney who expects to be late because of a conflicting setting must promptly notify the court coordinator and opposing counsel and provide the listed 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

Attorneys must alert the affected judges to all dual settings as soon as they learn of them.

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 a settlement reached 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.

Counsel must announce readiness for trial to the Court at the Pre-Trial setting; they may announce “ready” or “ready subject to” another Court engagement.

In all cases set for trial in a particular week, counsel are required to make announcement on their readiness for trial to the Court at the Pre-Trial setting in accordance with the Pre-Trial guideline order. An announcement of "ready" or "ready subject to" another Court engagement may be made to the Court.

Page 9 | RULE 3.16 TRIAL ANNOUNCEMENTS

An attorney must alert the affected Judges to all dual settings as soon as the settings 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.

Page 10 | RULE 3.18 CONFLICTING SETTINGS AND ASSIGNMENTS OF COUNSEL

Attorneys who will be late due to conflicting settings must promptly notify the court coordinator and opposing counsel and provide the conflict’s nature, their whereabouts, desired announcement, and expected appearance time.

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; and d. The time that the Presiding Judge should expect counsel to personally appear.

Page 10 | RULE 3.18 CONFLICTING SETTINGS AND ASSIGNMENTS OF COUNSEL

Counsel of record must immediately notify the court coordinator and/or the court when the parties reach a settlement, including settlements reached 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.

Page 17 | RULE 3.36 SETTLEMENTS

During criminal proceedings, every felony defendant and defense attorney must keep the District or County Clerk informed of the defendant’s correct physical and mailing address.

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.

Page 33 | RULE 6.11 BOND AND BOND FORFEITURES

An attorney must call the affected judges’ attention to all conflicting settings as soon as the attorney knows 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.

Page 34 | RULE 6.15 CONFLICTING SETTINGS

During criminal proceedings, felony defendants and defense attorneys must keep the District or County Clerk informed of the defendant’s correct physical and mailing address.

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 all conflicting trial or hearing settings as soon as the attorney learns of them.

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

The conflicting-settings rule applies only when lead counsel or the attorney in charge is affected, unless the Court extends it to other counsel.

This rule operates only where lead Counsel/Attorney in Charge, as defined by Texas Rules of Criminal Procedures 8, is affected, unless the Court expands coverage to other counsel.

Civil cases

Page 10 | RULE 3.19 CONFLICTING SETTINGS AND ASSIGNMENTS OF COUNSEL

Attorneys must coordinate walk-in settings with the court coordinator and give 24-hour notice, although the court may hear an uncontested matter at the time of request.

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.

Page 8 | RULE 3.13 DISPOSITION OF UNCONTESTED MATTERS, WALK-IN PROCEDURES

Parties who want to appear at an uncontested docket must notify the court at least one day before the setting; no scheduled setting is required for the docket.

Uncontested matters shall be handled by an uncontested docket as directed by the Court. No scheduled setting will be required for such dockets. Parties desiring to appear at the uncontested docket shall provide notice to the court at least one day prior to the setting. Refer to Rule 3.14 of the Local Civil Rules.

Page 24 | RULE 4.13 UNCONTESTED MATTERS

Parties wishing 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

Court-wide rules

Applies court-wide

These 151 rules apply across Webb County District Courts. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 58
  • Applies to
    Initial hearing

    The parties must bring the listed financial documents to the initial hearing in a SAPCR and/or divorce.

  • Applies to
    Petition

    The petitioner must attach a copy of the order to the original and copy of the petition, and the Clerk must ensure the order is attached when the petition is filed.

  • Applies to
    Electronically filed document

    An electronically filed document must include the filer’s e-mail address.

Filing Timing

All 34
  • A document commencing a civil suit that is transmitted on Sunday is deemed filed the following Monday, except in injunction, attachment, garnishment, sequestration, or distress proceedings.

  • Electronic filing does not change any filing deadline.

  • Add three days to a prescribed period for an act due after electronic service.

E-Filing

All 15
  • Petitions for expunction, non-disclosure, or sealing are excepted from the electronic-filing requirement for civil cases filed by attorneys.

  • Petitions for expunction, non-disclosure, or sealing may be filed in person, by hand, and on paper, whether filed by a pro se individual or an attorney.

  • Petitions for expunction, non-disclosure, or sealing are excepted from the electronic-filing requirement for civil cases filed by attorneys.

Service

All 14
  • Applies to
    Court document
    Service
    Electronic service

    Electronic service of court documents is optional unless subsection (b) applies.

  • Applies to
    Court document
    Service
    Electronic service

    On a party’s motion and for good cause, a district court may order parties in that case to electronically serve permitted court documents.

  • Service
    Electronic service to opposing party

    A filer may electronically serve documents at a party’s e-mail address only if that party agreed to accept electronic service or the court ordered it.

About Judge Rebecca (Beckie) Palomo

Rebecca (Beckie) Palomo is the judge of the 341st District Court of Webb County, Texas. The court's own page says she was elected district judge in Laredo in 2012 and presides over heavy dockets of civil, family and criminal law cases. It also says she operates the Veterans Treatment Program, conducts the Courts in Schools program, started the Color of Justice Program in 2015 and her first Girl Power Conference in 2016, and earned a BBA from the University of Texas at Austin and a JD from St. Mary's School of Law. The page states that in 1999 she began her legal career as a prosecutor in the District Attorney's office and afterwards served as executive director of the Community Supervision and Corrections Department in Webb County.

Chambers

Dean Senator Judith Zaffirini Justice Center, 1110 Victoria, Ste. 302, Laredo, Texas 78040

Phone: (956) 523-4325

Court coordinators: Civil cases, Esther Jo Garza. Criminal cases, Jessica Flores. Family cases, Robert Rubio. Administration, Minerva Villarreal.

Common questions about Judge Rebecca (Beckie) Palomo's rules

Does Judge Rebecca (Beckie) Palomo require a pre-motion conference or letter before filing a motion?

Before filing a motion, movant’s counsel must personally try at least three times during regular business hours on at least two business days to contact opposing counsel to hold or schedule a conference about the disputed matters.

View ruleSource: page 11, section Rule 3.24 Hearing on Pre-Trial Pleas and Motions

What formatting rules apply to filings before Judge Rebecca (Beckie) Palomo?

Judge Rebecca (Beckie) Palomo's formatting rule includes letter paper, the paper must measure approximately 8-1/2 x 11 inches., and the quality of the original hard copy must be clear and dark enough to transmit legibly.. Electronically transmitted filings must use approximately 8½-by-11-inch paper, and the original hard copy must be clear and dark enough for legible transmission.

View ruleSource: page 5, section 3.10(b) Electronic Filing

What must be included with joint certificate of progress filings before Judge Rebecca (Beckie) Palomo?

In Level 3 and complex-designated cases, all parties must submit a joint Certificate of Progress to the Court 60 days before the Final Pre-Trial Hearing.

View ruleSource: page 18, section RULE 3.36 CERTIFICATE OF PROGRESS

What must be included with motion filings before Judge Rebecca (Beckie) Palomo?

The rule requires certificate of conference. A motion must include a certificate that the movant conferred with opposing counsel in good faith to resolve the matter without court action.

View ruleSource: page 23

How may parties contact Judge Rebecca (Beckie) Palomo's chambers?

Attorneys must coordinate walk-in settings with the court coordinator and give 24-hour notice, although the court may hear an uncontested matter when requested.

View ruleSource: page 8, section RULE 3.14 DISPOSITION OF UNCONTESTED MATTERS, WALK-IN PROCEDURES

How does Judge Rebecca (Beckie) Palomo handle sealed or redacted filings?

Personal information, account numbers, and similar information may be redacted from financial information filed with the court.

View ruleSource: page 24, section RULE 4.14 FINANCIAL INFORMATION AND DISCLOSURE — B. Final Financial Information

How do I request an adjournment or extension before Judge Rebecca (Beckie) Palomo?

A continuance motion in a non-jury case must be filed at least four days before the non-jury trial date.

View ruleSource: page 11, section Rule 3.21 Resetting Cases

Is electronic filing required before Judge Rebecca (Beckie) Palomo?

Electronic filing is permitted for the covered filings. The clerk may accept court documents by electronic transmission, except returns of service on citations, bonds, and signed orders or judgments.

View ruleSource: page 4, section RULE 3.10(b) RULES GOVERNING THE PROCEDURE FOR THE DISTRICT CLERK OF WEBB COUNTY TO RECEIVE AND FILE ELECTRONICALLY TRANSMITTED COURT DOCUMENTS

Are filing fees or waivers addressed before Judge Rebecca (Beckie) Palomo?

A fee is required for covered filings. Electronically transmitted documents will not be accepted for filing until court costs and fees are paid; payment may be made by Mastercard, Visa, or an escrow account with the clerk.

View ruleSource: page 5, section 3.10(b) Electronic Filing

What filing deadlines does Judge Rebecca (Beckie) Palomo set?

Responding parties must file within ten days of the date set for amended pleadings.

View ruleSource: page 25

What rule applies to service for discovery motion before Judge Rebecca (Beckie) Palomo?

Details: recipient: the opposing party. A motion to quash a deposition must be filed with the district clerk and served on opposing counsel or parties in accordance with the referenced rules.

View ruleSource: page 16, section RULE 3.27 DISCOVERY DISPUTES — B. Effect of Motion to Quash Deposition and/or for Protection
Complete rules summary for Judge Rebecca (Beckie) Palomo

In Level 3 and complex-designated cases, all parties must submit a joint Certificate of Progress to the Court 60 days before the Final Pre-Trial Hearing.

A motion must include a certificate that the movant conferred with opposing counsel in good faith to resolve the matter without court action.

Responding parties must file within ten days of the date set for amended pleadings.

A party disputing an exhibit’s authenticity must notify offering counsel in writing within five days after the exhibit is listed and made available; otherwise, failure to object in writing before trial concedes authenticity.

Other exhibit admissibility objections must be made, within reason, at least three days before trial, and disputes must be reported to the Court in writing with the disputed exhibit and supporting authority.

An opposed motion presented for filing must state specifically the relief or order sought.

If the Court designates a case as complex, the parties must file a Complex Designation Order for the Court’s approval.

The parties need not appear at the entry hearing if all parties submit the approved-form Agreed Pre-Trial Guideline Order and the court approves it before the hearing date.

Failure to provide alternate hearing dates precludes a later request to continue or reschedule the motion based on that prior unavailability.

If the italicized 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.

A continuance motion in a non-jury case must be filed at least four days before the non-jury trial date.

The clerk may accept court documents by electronic transmission, except returns of service on citations, bonds, and signed orders or judgments.

Electronically transmitted filings are received on plain paper facsimile and printed by laser printer; documents printed on thermal paper may not be filed.

Electronically transmitted documents will not be accepted for filing until court costs and fees are paid; payment may be made by Mastercard, Visa, or an escrow account with the clerk.

The clerk must adopt an electronic-filing fee schedule annually, subject to approval by the local courts.

Electronically transmitted filings must use approximately 8½-by-11-inch paper, and the original hard copy must be clear and dark enough for legible transmission.

Each electronically transmitted filing must be individually signed by the party or the party’s attorney of record and contain that person’s State Bar identification number, if any, address, telephone number, and fax number.

The sender must retain the document’s original with its original signature affixed.

Every transmission must include a cover sheet identifying the sender, transmitted documents, and page count; giving clear, concise instructions; and providing complete charge-authorization or escrow-debit information.

A citation or writ bearing the court’s official seal may not be transmitted electronically.

Electronic transmission alone does not complete filing; filing is complete only when the clerk affixes the official date-and-time file stamp.

The date and time imprinted on a document’s last page determine its receipt time, not its filing time.

A motion must be accompanied by a certificate of conference signed by movant’s counsel in one of the prescribed forms.

Accepted transmissions completed before 5:00 p.m. on a normal business day are filed that day; transmissions completed after 5:00 p.m. or on weekends or holidays are to be verified and filed before 10:00 a.m. on the first following business day, and the sender must check for changes to normal business hours.

A request for a non-jury trial setting must be made by motion accompanied by a fiat.

Attorneys must coordinate walk-in settings with the court coordinator and give 24-hour notice, although the court may hear an uncontested matter when requested.

A case is set on the non-jury docket unless a jury demand is on file and the jury fee is paid 30 days before trial.

Every new trial setting must include submission of a new Pre-Trial Guideline Order; the Court has discretion over whether it includes new deadlines.

Before filing a motion, movant’s counsel must personally try at least three times during regular business hours on at least two business days to contact opposing counsel to hold or schedule a conference about the disputed matters.

An attorney who expects to be late because of a conflicting setting must promptly notify the court coordinator and opposing counsel and provide the listed information.

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