Willacy County Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements4 rules
An oral motion to recuse is not recognized by the Court and is automatically denied. A motion to recuse must be in writing in order to be considered by the Court.
Each page of each instrument shall, in the lower margin thereof, be numbered and tilted, e.g., Plaintiff's Original Petition - page 2.
Orders and Judgments shall be completely separated from all other papers.
All pleadings, Motions, Orders, and other papers, including exhibits attached thereto, when offered for filing or entry, shall be descriptively titled and pre-punched at the top of the page to accommodate the Clerk's 2 ¾" center to center flat-filing system.
Document Filing Requirements12 rules
(c) Counsel presenting any application for an ex parte order shall at the time the application is presented further certify in writing that to the best of his or her knowledge, the case is which the application is presented is not subject to transfer under
When presenting an ex parte application, counsel must certify in writing that the opposing party is unrepresented or, if represented, that counsel was notified and does not wish to be heard, or that diligent notice efforts failed and circumstances do not permit more efforts.
Court's wording
Counsel presenting any application for an ex parte order shall at the time the application is presented certify in writing to the Court that: (1) to the best of his knowledge the party against whom the relief is sought is not represented by counsel in the matter made the basis of the suit in which the relief is sought; or (2) if such party is so represented by counsel, that (1) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) that counsel presenting the application has diligently attempted to notify such counsel and has been unable to do so and the circumstances do not permit additional efforts to give notice.
Counsel seeking Protective Orders in family law matters must have a bona fide belief that any alleged family violence has in fact occurred and must not use a request for a Protective Order as means to obtain possession of a residence or of children absent that bona fide belief. An affidavit stating the bona fide belief is mandatory.
Requests for ex parte Temporary Restraining Orders in family law matters shall not include any request that the Court exclude a party from a joint residence or that party's own residence.
Any and all requests that one party be awarded exclusive possession of a residence shall be made only after notice and hearing except as otherwise specifically provided by the Texas Family Code.
(b) Requests for Protective Orders or for a Writ of Habeas Corpus for obtaining possession of a child in a family law matter shall not be submitted without an affidavit as specified in the Texas Family Code.
A discovery or protective motion must include a certificate that the filing party made a good-faith effort to resolve the discovery issues without court intervention.
- Document
- Discovery or protection motion
Must include
- •Certificate of conference
Court's wording
Any motion for discovery or for protection under the Texas Rules of Civil Procedure must contain a certificate of conference completed by the party filing same which certities that said party has made a good faith effort as required under Tex.R.Civ.P. 191.2 to resolve the discovery issues without court intervention.
At trial-readiness announcements, counsel must submit proposed jury-charge questions and instructions and advise the Court about conflicting engagements, settlement discussions, and stipulations.
Court's wording
At the time of announcements, counsel shall submit to the Court proposed questions and instructions for the jury charge. They will also advise the judge of anticipated conflicting engagements during the week of trial that may affect counsel's ability to attend trial. They will also advise the Court whether settlement discussions are exhausted and of discussions on stipulations.
No attorney of record shall be permitted to withdraw from any case without presenting a Motion pursuant to Tex.R.Civ.P. 10, including all requirements of same, obtaining a ruling and a signed Order granting withdrawal, and complying with the notice requirements for the former client under said Rule.
Unless the Court directs otherwise, counsel shall submit proposed orders, decisions, and judgments to the Court for approval and signature within thirty (30) days after rendition or announcements of settlement.
A receipt specifying the pleadings or papers withdrawn shall be given to the Clerk by the party withdrawing them.
The order shall state the time within which the same shall be returned to the Clerk.
Filing & Service rules
Electronic Filing Rules
Where telefax or electronic filing is permitted and additional local rules have been adopted, those rules are incorporated and must be followed.
To the extent telefax and electronic filing is permitted and additional Local Rules for telefax and electronic filing have been adopted, they are incorporated by reference as if set forth herein, and they are to be followed.
Page 10 | 1.16 FILING OF PAPERS AND/OR ELECTRONIC FILING WITH THE DISTRICT CLERK
Filing Timing and Cure Windows
Except in emergencies when the District Clerk’s office is closed, an application for immediate or temporary relief must be filed and assigned before it is presented to a judge.
Except in emergencies when the District Clerk's office is not open for business, no application for immediate or temporary relief shall be presented to a Judge until it has been filed and assigned to a Court as provided in Rule 1.1.
Page 4 | 1.2 TEMPORARY ORDERS
A temporary order requiring a subsequent hearing cannot be issued or considered enforceable until the hearing date and time have been obtained.
Where a temporary order requires a subsequent hearing pursuant to the Texas Rules of Civil Procedure and/or substantive law, including all cases in which a temporary restraining order has been granted, a date and time for the required hearing must be obtained from the Court Coordinator of the Court in which the case has been assigned before the temporary order can be issued or considered enforceable.
Page 4 | 1.2 TEMPORARY ORDERS
Applications for ex parte orders must be presented in accordance with Rule 1.2.
(a) All applications for ex parte orders shall be presented in accordance with Rule 1.2.
Page 4 | 1.3 EX PARTE ORDERS
When the docket control order refers expert disclosures to the Rules and does not specify the relevant dates, Defendants' and Third Party Defendants' experts must be designated 60 days before trial.
Whenever a court's docket control order provides that expert designation obligations shall be handled pursuant to or by "the Rules," the dates in this subsection shall govern. If the docket control order does not specify dates on which each party's experts are to be designated, nor dates for disclosure information under Tex.R. Civ.P. 194 to be provided, the dates for such disclosures shall be as follows: For Defendants'/Third Party Defendants' experts - 60 days prior to trial
Page 7 | 1.9 GENERAL PLEADINGS
When the docket control order refers expert disclosures to the Rules and does not specify the relevant dates, Plaintiffs' and Third Party Plaintiffs' experts must be designated 90 days before trial.
Whenever a court's docket control order provides that expert designation obligations shall be handled pursuant to or by "the Rules," the dates in this subsection shall govern. If the docket control order does not specify dates on which each party's experts are to be designated, nor dates for disclosure information under Tex.R. Civ.P. 194 to be provided, the dates for such disclosures shall be as follows: For Plaintiffs'/Third Party Plaintiffs' experts - 90 days prior to trial
Page 7 | 1.9 GENERAL PLEADINGS
A pleading amendment permitted during trial is due no later than the start of the charge conference unless the order sets a different time limit.
(D) Any order permitting a party to amend that party's pleading during trial shall be deemed to require the amended pleading to be filed no later than commencement of the charge conference. Such orders may specify a different time limit.
Page 7 | 1.9 GENERAL PLEADINGS
When an order requires an amended pleading within seven days, the Court must specify its due date when making the ruling.
If special exceptions are granted or other orders of the Court entered which would require amendment of pleadings within seven (7) days, the Court shall specify at the time it makes its ruling the date on which the amended pleading necessitated by that ruling shall be due.
Page 7 | 1.9 GENERAL PLEADINGS
An amended pleading required by an order sustaining a special exception or requiring amendment is due within 20 days after the order or seven days before trial, whichever comes first, unless the order sets another time limit.
An order sustaining a special exception or requiring a party to amend that party's pleading shall be deemed to require the amended pleading to be filed within 20 days after the order is signed or seven (7) days before trial commences, whichever date comes first. Such orders may specify a different time limit.
Page 7 | 1.9 GENERAL PLEADINGS
A party serving in both defendant and plaintiff-like roles must meet the Plaintiffs' and Third Party Plaintiffs' expert designation date for issues on which it seeks affirmative relief.
If a party is both a Defendant and a Third Party Plaintiff, Cross-Plaintiff and/or Counter-Plaintiff, then as to all issues on which it is seeking affirmative relief from another party, the expert designation date is the date for Plaintiffs'/Third Party Plaintiffs' experts.
Page 7 | 1.9 GENERAL PLEADINGS
The Plaintiff must request an initial pretrial conference no later than the 90th day after suit is filed; any other party may request one as well.
(a) No later than the 90t day after suit is filed, Plaintiff shall request and any other party may request an initial pre-trial conference.
Page 7 | 1.10 INITIAL PRETRIAL CONFERENCE
When pleadings have been on file more than seven but fewer than 30 days before trial, dilatory pleas and special exceptions must be presented at a scheduled pretrial conference, or before trial if no final conference is scheduled or held, or they are waived.
If pleadings have been on file more than seven (7) days but less than thirty (30) days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings are deemed waived unless timely filed and presented to the Court at any scheduled pre-trial conference; if there is no scheduled final pre-trial conference, or it is not held, such pleas and exceptions shall be presented to the Court before trial commences.
Page 8 | 1.11 DILATORY PLEAS
If pleadings have been on file thirty (30) days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings are deemed waived unless timely filed and presented to the Court for ruling ten (10) days before the date the case is scheduled to commence trial.
If pleadings have been on file thirty (30) days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings are deemed waived unless timely filed and presented to the Court for ruling ten (10) days before the date the case is scheduled to commence trial.
Page 8 | 1.11 DILATORY PLEAS
When pleadings have been on file seven or fewer days before trial, dilatory pleas and special exceptions must be presented before trial begins.
If pleadings have been on file seven (7) or fewer days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings shall be presented to the Court before trial commences.
Page 9
Unless the Court directs otherwise, proposed orders, decisions, and judgments must be submitted within 30 days after rendition or announcement of settlement.
Unless the Court directs otherwise, counsel shall submit proposed orders, decisions, and judgments to the Court for approval and signature within thirty (30) days after rendition or announcements of settlement.
Page 11 | 1.18 ORDERS AND JUDGMENTS
For determining whether a case is earlier or later, use the date stamp on the first pleading and any endorsed filing time; if no time is endorsed, assume it was filed at 4:59 p.m.
Whether a case is "earlier" or "later" as those terms are used in this rule will be determined by the date-stamp from the District Clerk's office on the face of the first pleading filed in the case, and if necessary, any time of filing endorsed on that stamp. Where no time of filing is endorsed on the stamp the time filed will be assumed to have been 4:59 p.m.
Page 3 | Rule 1.1
After notice that a case is subject to dismissal for want of prosecution, the plaintiff must request a setting or take other appropriate action within 30 days to avoid that dismissal ground.
Failure of Plaintiff to request a setting or take other appropriate action within thirty (30) days of notice from the Court that the case is subject to being dismissed for want of prosecution.
Page 10 | 1.14 DISMISSAL FOR WANT OF PROSECUTION
Failure to timely submit a proposed judgment or order disposing of the entire case may be considered grounds for dismissal for want of prosecution under Rule 1.14.
Failure to submit timely a proposed judgment or order disposing of the entire case may be considered as grounds to dismiss for want of prosecution under Rule 1.14.
Page 11 | 1.18 ORDERS AND JUDGMENTS
Service and Proof of Service Rules
The party obtaining a temporary order must serve notice of the required hearing’s date and time with the order.
The party obtaining the temporary order must serve notice of the date and time of the required hearing with the temporary order.
Page 4 | 1.2 TEMPORARY ORDERS
Before seeking a default when other parties are in the case, notice must be given to all of them; no hearing setting is required for a default requiring no record or proof.
(c) No setting is required for a hearing on a default requiring no record or proof; however, if there are any other parties to the case, notice to all such parties must be given before any attempt is made to approach the Court to obtain a default.
Page 6 | 1.7 OTHER SETTINGS
Hearings require at least three days' notice, and a party may request a hearing on shorter notice only by filing an emergency-hearing motion that provides specific reasons.
(b) No hearing shall be set on less than three (3) days' notice, and no party shall request a hearing on less than three (3) days' notice unless that party has filed a motion for emergency hearing, and has provided specific reasons for same.
Page 6 | 1.7 OTHER SETTINGS
Testimony for a default requiring proof must be scheduled with the court coordinator, and all parties must receive notice.
(d) Testimony for defaults requiring proof shall be scheduled with the Court Coordinator of the Court in which the case is pending, and notice given to all parties.
Page 6 | 1.7 OTHER SETTINGS
If other parties indicate they want to be present at a default proceeding, they must be given the opportunity to be present, or a setting with at least three days' notice must be obtained.
If other parties indicate a desire to be present, they must be given the opportunity to or be present, or a setting with at least three (3) days' notice must be obtained.
Page 6 | 1.7 OTHER SETTINGS
For an emergency-hearing motion, counsel must promptly provide opposing counsel with the motion and written notice of the requested or awarded hearing date by a method likely to ensure receipt, and make a good-faith effort to confirm receipt.
If filing a motion requesting an emergency hearing, counsel must provide a copy of the motion and written notice of the requested and/or any awarded hearing date by hand-delivery, telefax, electronic transmission, or other similar means most likely to insure that opposing counsel receives that notice. Counsel seeking the emergency hearing must also make a good faith effort to contact all opposing counsel's offices to confirm that the opposing counsel has received the notice.
Page 6 | 1.7 OTHER SETTINGS
Counsel who request and receive notice of a hearing, pre-trial, or trial setting must immediately give written notice to all other parties and a copy to the clerk, unless the clerk has mailed the party a written order with the notice, in which case duplicative notice to the parties is excused.
(a) Counsel who request a hearing, pre-trial and/or trial date and who receives notice of same from the Court and/or the Court Coordinator shall have the duty to give all other parties in the case written notice immediately of such setting and to furnish a copy of such notice to the clerk of the Court in which the case is pending. If a party receives his copy of notice by written order mailed to parties from the clerk's office, the party is excused from providing duplicative notice to all parties.
Page 6 | 1.7 OTHER SETTINGS
Counsel must serve copies of the proposed orders, decisions, and judgments on all counsel.
Counsel shall serve copies on all counsel.
Page 11 | 1.18 ORDERS AND JUDGMENTS
Pre-Motion Conference Requirements
If a party files a motion to recuse and the judge has not determined that recusal is required, the recusal motion must be resolved under the Texas Rules of Civil Procedure before action on the motion to transfer.
If a motion to recuse has been filed by any party and the presiding judge has not determined that he or she must recuse him/herself, the motion to recuse must be resolved pursuant to the requirements of the Texas Rules of Civil Procedure before any action can be taken on the Motion to Transfer.
Page 3 | Rule 1.1
Before seeking court intervention on discovery issues, the filing party must make a good-faith effort to resolve them.
Any motion for discovery or for protection under the Texas Rules of Civil Procedure must contain a certificate of conference completed by the party filing same which certities that said party has made a good faith effort as required under Tex.R.Civ.P. 191.2 to resolve the discovery issues without court intervention.
Page 9 | 1.12 DISCOVERY
In privilege disputes, the hearing follows Rule 193.4 when privilege-log information was properly requested and provided; failure to request the log or identify disputed items permits denial of a motion to compel without prejudice.
If a discovery dispute regarding claims of privilege has arisen, under 193.3(a) and the party asserting privilege has been properly asked to provide privilege log information under Tex.R.Civ.P. 193 and has done so, the claims of privilege hearing will follow Tex.R.Civ.P. 193.4. Where the party disputing claims of privilege has not requested a privilege log under Tex.R.Civ.P. 193(b) and /or has not specified which items on the privilege log are still in dispute, that failure permits the Court to deny the Motion to Compel without prejudice to re-filing after such steps are taken.
Page 9 | 1.12 DISCOVERY
Adjournment & Extension Requirements
Counsel-related grounds do not justify postponing a specially set case unless good cause is shown on a motion and notice filed more than ten days before trial.
counsel shall not be grounds for postponement of a case specially set, unless good cause is shown on motion and notice filed more than ten days before the date set for trial.
Page 7
Chambers Communication Rules
For a temporary order requiring a subsequent hearing, obtain the hearing date and time from the assigned court’s Court Coordinator before the order is issued or considered enforceable.
Where a temporary order requires a subsequent hearing pursuant to the Texas Rules of Civil Procedure and/or substantive law, including all cases in which a temporary restraining order has been granted, a date and time for the required hearing must be obtained from the Court Coordinator of the Court in which the case has been assigned before the temporary order can be issued or considered enforceable.
Page 4 | 1.2 TEMPORARY ORDERS
Counsel should refrain from inviting clients or witnesses to the judge's chambers unless the judge permits it.
g. refrain from inviting clients or witnesses to the judge's chambers, except by the judge's permission.
Page 13 | 3.7 CONDUCT OF COUNSEL
Counsel shall observe disciplinary rules and ethical canons concerning ex parte contact with the Court and its staff, media discussions of pending cases, and civility to opposing counsel.
h. observe the disciplinary rules and ethical canons concerning ex parte contact with the Court and its staff concerning pending cases, discussions with the media concerning pending cases, and civility to opposing counsel.
Page 13 | 3.7 CONDUCT OF COUNSEL
Attorneys may use the telephone in the lawyers' lounge only for Court business.
The telephone in the lawyers' lounge is provided for the attorneys to use on Court business only.
Page 14 | 3.8 CONDUCT OF OFFICERS OF THE COURT, INCLUDING COUNSEL
Counsel are admonished to respect ethics canons, including those concerning case discussions with the press and discussing case facts or law with the Court outside the courtroom without opposing counsel present; the Court may enforce the canons by appropriate action.
All counsel are admonished to respect the letter and spirit of all canons of ethics, including particularly those dealing with testimony by counsel participating in the trial, discussion of cases with representatives of the press, T.V. or radio and discussion of the facts or law of the case with the Court outside of the Courtroom and not in the presence of opposing counsel. The Court may enforce the same by appropriate action.
Page 14 | 3.8 CONDUCT OF OFFICERS OF THE COURT, INCLUDING COUNSEL
Counsel are requested to use the conference room for client and witness consultations and to refrain from inviting them into the Court Clerk's office or chambers unless the Judge permits it.
All counsel are requested to use the conference room for consultation with clients and witnesses and are further requested to refrain from inviting clients and witnesses into the Court Clerk's office and the Chambers except upon the discretion of the Judge.
Page 14 | 3.8 CONDUCT OF OFFICERS OF THE COURT, INCLUDING COUNSEL