Judge John (Trey) A. Didway
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- An attorney seeking a continuance because of a trial in another court must furnish the Court and opposing counsel a motion identifying the conflicting case and setting details, attach its setting notice, and immediately notify the Judge and opposing counsel if that case is passed, continued, or disposed of before or during the week of trial.
- An agreed continuance may be granted without a written motion with leave of Court; otherwise, a continuance requires good cause, a written motion supported by affidavit, and a timely obtained hearing.
Request must include
Document Format Requirements1 rule
Exhibits must be pre-numbered, attached separately, and submitted together in one email with the case style and cause number in the subject line.
- Exhibits
Formatting
- •Pre-number each exhibit
- •Submit all exhibits in one email
Court's wording
It is FURTHER ORDERED that each party submit to the court it's Exhibits by email to jadidway@terrycounty.org; in the subject line include the style of the case and cause number; pre-number each exhibit and attach separately to the email; and, all exhibits shall be in one email.
Document Filing Requirements10 rules
If known in advance, each side must give notice of its testifying experts at least 20 days before trial and provide opposing counsel each expert’s name, address, and testimony subject matter.
Court's wording
The State, not less than 20 days prior to trial, and Defense, not less than 20 days prior to trial, shall each give notice of all testifying expert witnesses (those witnesses being called by the State or Defense to present evidence under Rules 702, 703, and 705 Texas Rules of Evidence) at any stage of the trial of this cause, and at the punishment phase, if known in advance by the State or Defense and provide to opposing counsel the name and address of the expert and the subject matter of the expert's testimony.
Every motion must include a certificate of conference stating that a conference occurred and its result.
- Document
- Motion
Include
- •Certificate of conference
Court's wording
No motion may be filed without first conferring with opposing counsel and attempting to resolve the matter and including a certificate of conference on the motion, which indicates the fact of the conference and the result thereof.
UPON REQUEST FOR SETTING, COUNSEL SHALL INFORM THE COURT IN WRITING AS TO WHETHER A ZOOM HEARING IS REQUESTED and the reason, they believe is good cause to have Zoom.
All motions for continuance shall contain a certificate of conference that the request has been discussed with all opposing parties or counsel and that such motion is agreed or opposed.
- Document
- Continuance motion
Must include
- •Certificate of conference
A request for an earlier jury-trial setting must include a certification addressing discovery completion, payment of the jury fee, and filing of a jury demand.
Court's wording
Requests for settings for jury trials at an earlier date shall include a certification that all discovery is complete, or will be complete at least twenty (20) days prior to the first docket date, that the jury fee has been paid, and that a demand for jury has been filed.
Parties in covered parent-child suits must complete the seminar before the final hearing and file a certificate of completion, subject to stated exceptions and waiver.
Court's wording
Rule 3.04 **Children's Interest Seminars.** In any suit involving the parent-child relationship, except uncontested adoptions and terminations, all parties shall successfully complete a children's interest seminar and file their certificate of completion with the Clerk. Each party will be responsible for payment of the appropriate fees. The seminar shall be completed prior to the final hearing. Failure to successfully complete the seminar may result in sanctions under Rule 215, Texas Rules of Civil Procedure, contempt of court, or delay of the final hearing. For good cause shown, the Judge may waive the requirement of completion of the seminar. If such seminar has been completed, no additional attendance is required in the event of motions to modify or enforce.
Immediately upon employment, defense counsel must file written notice of employment with the District Clerk.
Court's wording
Rule 4.02 **Appearance of Defendant and Counsel.** Immediately upon employment, the defense attorney shall file written notice thereof with the District Clerk and provide a copy of same to the attorney for the State and to the Court Coordinator.
Rule 6.03 **Withdrawal.** If there is no substitution of counsel as provided in Rule 6.02, no attorney of record shall attempt to withdraw without presenting a motion and obtaining from the Court an order granting leave to withdraw. Such motion shall be accompanied by the client's written consent to such withdrawal or a certification that a copy of such motion has been mailed to
Rule 6.02 **Substitutions.** Any attorney substituting for another attorney of record shall file with the Clerk a written notice of substitution signed by the client together with a proposed order permitting the substitution.
- Document
- Notice of substitution
Must include
- •Proposed order
Such notice shall be included within the motion or a copy of the letter attached to the motion.
Filing & Service rules
Electronic Filing Rules
A defendant seeking redactions to a relevant electronic recording must notify the State in writing and electronically file the requested redactions and legal objection at least 7 days before trial.
IT IS ORDERED that the Defendant shall notify the State in writing and file by electronic filing any desired redactions, and the legal objection thereto, of any relevant electronic recording (video and/or visual), not less than 7 days prior to the date of trial.
Criminal cases
Page 4
Parties must submit exhibits by email to the stated address, include the case style and cause number in the subject line, pre-number each exhibit, attach exhibits separately, and send them all in one email.
It is FURTHER ORDERED that each party submit to the court it's Exhibits by email to jadidway@terrycounty.org; in the subject line include the style of the case and cause number; pre-number each exhibit and attach separately to the email; and, all exhibits shall be in one email.
Page 1 | STANDING ORDER FOR ZOOM HEARINGS
If an exhibit cannot be submitted by email, it must be delivered to the Court in person or by Dropbox before the hearing.
If an exhibit cannot be submitted by email, it is to be delivered to the Court prior to the hearing in person or by Dropbox.
Page 1 | STANDING ORDER FOR ZOOM HEARINGS
Anticipated jury questions, definitions, and instructions in civil jury cases must be submitted to the Court electronically.
In all civil jury cases, anticipated jury questions, definitions and instructions shall be submitted to the Court in electronic medium no less than three (3) working days prior to commencement of voir dire examination.
Page 8 | Rule 2.11 Jury Questions and Instructions
Discovery documents must not be filed with the Clerk unless another rule or a court order requires filing.
Discovery documents shall not be filed with the Clerk unless filing is required by other rule or court order.
Page 7 | Rule 2.07 Discovery Documents
Filing Timing and Cure Windows
A party challenging an expert or the admissibility of expert testimony must file a pretrial motion and bring it to the court’s attention by the earlier of the stated 20-day and 10-day deadlines.
Any party that seeks to challenge an expert or testimony of an expert or otherwise determine the admissibility of the expert testimony must file a pretrial motion and bring it to the attention of the court, not less than 20 days after the expert is designated or not less than 10 days before trial, whichever is earlier.
Criminal cases
Page 3
An evidentiary hearing involving video or audio longer than 15 minutes, or reasonably anticipated to take more than 30 minutes, must be conducted before trial.
If any evidentiary hearing will require the Court to a view video or listen to an audio tape in excess of 15 minutes or that either side reasonably anticipates will take more than thirty (30) minutes will be conducted prior to the date of trial.
Criminal cases
Page 3
A defendant’s request for redactions to a relevant electronic recording must be made at least 7 days before trial.
IT IS ORDERED that the Defendant shall notify the State in writing and file by electronic filing any desired redactions, and the legal objection thereto, of any relevant electronic recording (video and/or visual), not less than 7 days prior to the date of trial.
Criminal cases
Page 4
The State may object to a redaction request by filing a specific statement identifying the disputed portion and legal basis no later than 3 days before trial; absent an objection, the redactions are ordered, and an untimely defendant request waives the objection or request.
The State may object to the requested redaction by filing, not later than 3 days prior to the date of trial, a specific statement as to the portion objected to and the legal basis thereof. If the State does not object to the redaction request, then those redactions shall be considered Ordered without further action of the court. If there is not a timely requested redaction as ordered herein then defendant is deemed to have waived any objection and/or request for redaction.
Criminal cases
Page 4
All exhibits must be provided by 3:00 p.m. on the day before the hearing.
All exhibit shall be provided by 3:00 p.m. on the day before the hearing.
Page 1 | STANDING ORDER FOR ZOOM HEARINGS
Anticipated jury questions, definitions, and instructions must be submitted at least three working days before voir dire begins.
In all civil jury cases, anticipated jury questions, definitions and instructions shall be submitted to the Court in electronic medium no less than three (3) working days prior to commencement of voir dire examination.
Page 8 | Rule 2.11 Jury Questions and Instructions
Service and Proof of Service Rules
The District Clerk must refer to and serve this Order with any precept for a Zoom hearing noticed by the Clerk.
It is FURTHER ORDERED that the District Clerk shall refer to this Order in and serve the Order, with any precept for any Zoom hearing noticed by the Clerk.
Page 1 | STANDING ORDER FOR ZOOM HEARINGS
Requests for pretrial-motion hearings must be submitted to the Coordinator for setting, after which the moving party must provide proper notice or citation to entitled opposing parties.
Requests for hearings on pre-trial motions including, but not limited to, temporary injunctions, discovery motions, protective orders, summary judgments and contempt, shall be submitted to the Coordinator for setting. After setting is obtained, it is the responsibility of the moving party to obtain proper notice to or citation on all opposing parties entitled thereto.
Page 7 | Rule 2.06 Hearings on Pre-Trial Pleas and Motions
Immediately upon employment, defense counsel must provide a copy of the written notice to the attorney for the State and the Court Coordinator.
Rule 4.02 **Appearance of Defendant and Counsel.** Immediately upon employment, the defense attorney shall file written notice thereof with the District Clerk and provide a copy of same to the attorney for the State and to the Court Coordinator.
Page 10 | Rule 4.02 Appearance of Defendant and Counsel
When filing a notice of substitution, the substituting attorney must furnish a copy to the Judge, the attorney being replaced, and all other attorneys of record or pro se parties.
At the time of filing, such attorney shall furnish a copy of the notice to the Judge, the attorney for whom substitution is being made, and all other attorneys of record or *pro se* parties.
Page 12 | Rule 6.02 Substitutions
If withdrawal is granted, the attorney must notify the party and all other attorneys or self-represented parties by mail and file proof of notice with the Clerk.
If leave is granted, the attorney shall notify the party and all other attorneys or pro se parties of such action by mail and file proof of notice with the Clerk.
Page 13 | RULE 6 - ATTORNEY MATTERS
A copy of the withdrawal motion must be delivered or mailed to opposing counsel.
A copy of the motion shall also be delivered or mailed to opposing counsel.
Page 13 | RULE 6 - ATTORNEY MATTERS
The client must be mailed notice at the last known address at least ten days before the motion is presented, with objections submitted in writing before that date.
the client at his/her last known address, with notice advising the client that the motion will be presented to the Court at a date not less than ten (10) days after mailing, and that any objection to such withdrawal should be made to the Court in writing before such date.
Page 13 | RULE 6 - ATTORNEY MATTERS
Filing Fees and Waivers
An earlier jury-trial setting request must certify that the jury fee has been paid.
Requests for settings for jury trials at an earlier date shall include a certification that all discovery is complete, or will be complete at least twenty (20) days prior to the first docket date, that the jury fee has been paid, and that a demand for jury has been filed.
Page 7 | Rule 2.03 Jury Trial Settings
Pre-Motion Conference Requirements
Before filing a motion, the filer must confer with opposing counsel and attempt to resolve the matter; the motion must include a certificate stating that a conference occurred and its result.
No motion may be filed without first conferring with opposing counsel and attempting to resolve the matter and including a certificate of conference on the motion, which indicates the fact of the conference and the result thereof.
Criminal cases
Page 4
Pretrial hearings are not scheduled automatically; counsel must advise the Court of motions to be heard before trial and obtain a setting from the Coordinator.
Rule 4.08 **Pre-Trial Matters**. Pretrial hearings will not be automatically scheduled. Counsel shall advise the Court of any motions to be heard prior to trial and shall obtain a setting from the Coordinator.
Page 11 | Rule 4.08 Pre-Trial Matters
Adjournment & Extension Requirements
An agreed continuance may be granted without a written motion with leave of Court; otherwise, a continuance requires good cause, a written motion supported by affidavit, and a timely obtained hearing.
With leave of Court, an agreed continuance may be granted without a written motion. Otherwise, continuances will not be granted except for good cause shown upon written motion supported by affidavit. All motions for continuance shall contain a certificate of conference that the request has been discussed with all opposing parties or counsel and that such motion is agreed or opposed. The party filing the motion shall be responsible for obtaining a hearing on the motion in timely fashion.
Page 5 | Rule 1.04 Continuances
An attorney seeking a continuance because of a trial in another court must furnish the Court and opposing counsel a motion identifying the conflicting case and setting details, attach its setting notice, and immediately notify the Judge and opposing counsel if that case is passed, continued, or disposed of before or during the week of trial.
a. An attorney seeking to have a case continued on the grounds that the attorney is to go to trial in another court, shall furnish the Court and opposing counsel with a motion for continuance, which shall disclose the name of the court in which such other case is pending, the style of the case, the time for which such case is set, and the date on which the conflicting setting was made. A copy of the setting notice of the conflicting case shall be attached to the motion. In the event the conflicting case is passed, continued or disposed of prior to or during the week in which the case is set for trial under these Rules, the attorney shall immediately notify the Judge and opposing counsel of such fact.
Page 12 | Rule 6.01 Conflicting Settings