Adjournments
- A case specially set may be postponed only if good cause is shown on motion and notice is filed more than ten days before trial.
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.
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.
Orders and Judgments shall be completely separated from all other papers.
Each page of each instrument shall, in the lower margin thereof, be numbered and tilted, e.g., Plaintiff's Original Petition - page 2.
Document Filing Requirements14 rules
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
All applications for ex parte orders shall be presented in accordance with Rule 1.2.
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.
For ex parte applications, counsel must provide a written certification at presentation stating either that the opposing party is unrepresented or, if represented, that counsel was notified and does not wish to be heard or that diligent but unsuccessful notice efforts cannot be continued; family-law presentation standards do not apply in other civil cases.
Court's wording
The standards for presenting applications for ex parte orders in family law cases do not apply in other civil cases. Counsel presenting any application for an ex parte order shall at the time the application is presented certify in writing to the Court that: 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 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.
(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.
(c) 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.
An emergency-hearing motion must be accompanied by delivery of a copy of the motion and written notice of the requested or awarded hearing date to opposing counsel.
Court's wording
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.
When a ruling requires an amended pleading within seven days, the Court must specify the pleading’s due date when it makes the ruling.
Court's wording
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.
A discovery or protective motion must include a certificate of conference certifying a good-faith effort to resolve the discovery issues without court intervention.
- Document
- Discovery 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 certifies 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 announcements, counsel must submit proposed jury-charge questions and instructions and advise the judge about trial-week conflicts, 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 court may deny a motion to compel without prejudice if the disputing party has not requested a privilege log or identified which logged items remain disputed.
Court's wording
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.
Filing & Service rules
Electronic Filing Rules
Notices of Discovery must not be filed.
(b) Notices of Discovery shall not be filed.
Page 10 | 1.16 FILING OF PAPERS AND/OR ELECTRONIC FILING WITH THE DISTRICT CLERK
Filing Timing and Cure Windows
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
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 leaves the specified expert designation and disclosure dates to the Rules and does not provide those dates, Plaintiffs’ and Third Party Plaintiffs’ expert designations and disclosures are due 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 party that is also a Third Party Plaintiff, Cross-Plaintiff, or Counter-Plaintiff must use the Plaintiffs’/Third Party Plaintiffs’ expert designation date for issues on which it seeks affirmative relief from another party.
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
Plaintiff must request an initial pre-trial conference no later than the 90th day after suit is filed; any other party may also request one.
No later than the 90" 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
An amended pleading permitted during trial is due no later than the commencement of the charge conference, unless the order specifies a different deadline.
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
An amended pleading required by an order sustaining a special exception or requiring amendment is due within 20 days after the order is signed or seven days before trial, whichever comes first, unless the order specifies another deadline.
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
If pleadings have been on file more than 7 but less than 30 days before trial, dilatory pleas and special exceptions are waived unless presented at a scheduled pre-trial conference or, if none is scheduled or held, before trial.
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 30 days before trial, dilatory pleas and special exceptions are waived unless filed and presented for ruling 10 days before 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
If pleadings have been on file seven days or fewer before trial, any dilatory pleas and special exceptions to them must be presented before trial begins.
(d) 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
A plaintiff must request a setting or take other appropriate action within 30 days after notice that the case is subject to dismissal for want of prosecution.
(a) 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
Unless the Court directs otherwise, the submission is due 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
A case’s relative filing order is determined from the date stamp on its first pleading and any endorsed filing time; if no time is endorsed, the filing time is assumed to be 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 | 1.1
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
Counsel requesting an emergency hearing must promptly convey the motion and written notice of the requested or awarded hearing date to opposing counsel by a method most likely to ensure receipt, and must make a good-faith effort to confirm receipt with opposing counsel's offices.
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 a hearing, pre-trial, or trial date and receive notice must immediately give written notice of the setting to all other parties and provide a copy to the clerk, unless the clerk mailed the party a written order giving notice.
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
If other parties want to be present at a default proceeding, they must be given the opportunity to attend 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
A default hearing requiring no record or proof does not require a setting, but if other parties are in the case, they must be notified before anyone approaches the Court to obtain the default.
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
A hearing may not be set or requested on less than three days' notice unless the party files an emergency-hearing motion and 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
Subject to other provision of these rules the clerk shall mail a written notice of such dismissal to all parties or their counsel of record.
Subject to other provision of these rules the clerk shall mail a written notice of such dismissal to all parties or their counsel of record.
Page 10 | 1.14 DISMISSAL FOR WANT OF PROSECUTION
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 recusal motion has been filed and the presiding judge has not determined that recusal is required, the recusal motion must be resolved before the court acts on a 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 | 1.1(4)
Adjournment & Extension Requirements
A case specially set may be postponed only if good cause is shown on motion and notice is 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, including a temporary restraining order, the hearing date and time must be obtained from the assigned court’s 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
If a judge signs a temporary order for another court while that court’s judge and staff are on vacation, the signing court or its staff must notify the other court of the hearing date.
If a Judge does sign a Temporary Order for another Court while the Judge and staff of the other Court is on vacation, the court or its staff shall notify the other court of the date given the Temporary Order for hearing.
Page 4 | 1.2 TEMPORARY ORDERS
Counsel must not interrupt the judge or opposing counsel unless necessary to make a proper objection or otherwise protect a party's rights.
not interrupt the judge or opposing counsel, except when necessary to make a proper objection or otherwise protect a party's rights.
Page 13 | 3.7 CONDUCT OF COUNSEL
Counsel must observe the disciplinary rules and ethical canons governing ex parte contact with the Court and its staff concerning pending cases.
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
Counsel must avoid speaking objections and legal arguments on objections before the jury unless the Court permits them.
avoid "speaking objections" or legal arguments on objections before the jury, except by leave of Court.
Page 13 | 3.7 CONDUCT OF COUNSEL
Counsel must not invite clients or witnesses to the judge's chambers without the judge's permission.
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 must not address a juror directly or individually after voir dire until the jurors are released from service, unless the Court permits it.
not address a juror directly or individually after voir dire until after the jurors are released from service, except by the Court's permission.
Page 13 | 3.7 CONDUCT OF COUNSEL
Counsel must not address one another or the judge by first name or nickname.
not address each other or the judge by their first name or nicknames.
Page 13 | 3.7 CONDUCT OF COUNSEL
During court proceedings, counsel must address statements to the Court rather than to one another unless the Court permits otherwise.
address their statements to the Court and not each other during court proceedings, except by leave of Court.
Page 13 | 3.7 CONDUCT OF COUNSEL
Counsel must direct objections and legal arguments to the Judge rather than opposing counsel and must address the Judge impersonally.
all objections and legal arguments by counsel shall be directed to the Judge and not to opposing counsel, and counsel shall be impersonal in addressing the Judge.
Page 14 | 3.8 CONDUCT OF OFFICERS OF THE COURT, INCLUDING COUNSEL
Lawyers must not engage the Judge in a confidential manner.
engage the Judge in a confidential manner.
Page 14 | 3.8 CONDUCT OF OFFICERS OF THE COURT, INCLUDING COUNSEL
The telephone in the lawyers' lounge is provided for the attorneys to use on Court business only.
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
After jury voir dire, an attorney must obtain leave of Court before addressing the jury or an individual juror, including by name.
After jury voir dire, no attorney shall ever address the jury or a juror individually or by name without having first obtained leave of Court.
Page 14 | 3.8 CONDUCT OF OFFICERS OF THE COURT, INCLUDING COUNSEL
Counsel are admonished to respect the ethical canons, including those concerning discussion of a case's facts or law with the Court outside the courtroom and outside opposing counsel's presence.
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.
Page 14 | 3.8 CONDUCT OF OFFICERS OF THE COURT, INCLUDING COUNSEL
While the Court is in session, all remarks of counsel shall be addressed to the Court, and not to opposing counsel or to the Judge as an individual.
While the Court is in session, all remarks of counsel shall be addressed to the Court, and not to opposing counsel or to the Judge as an individual.
Page 14 | 3.8 CONDUCT OF OFFICERS OF THE COURT, INCLUDING COUNSEL
Counsel are requested to consult with clients and witnesses in the conference room and to refrain from inviting them into the Court Clerk's office or Chambers unless the Judge allows 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