Judge Phillip C. Gregory
Individual Rules, Standing Orders & Policies
- Rules last changed:
Communication
Chambers
Document Format Requirements16 rules
Audio exhibits may not exceed 100 MB.
Video files may not exceed 5 GB.
Media must use one of the listed file formats; exhibits already in a listed format need not be converted, while other exhibits must be converted to a listed format.
Court's wording
Media must be submitted in a file format from the following list: .avi, .wmv, .wav, .mpg, .mid, .asf, .mpeg, .mpl, .mp2, .mp3, .mp4, .m4v, .mpg, .ogg, .oga, .ogv, .webm. If an exhibit is in one of the foregoing formats with the associated extensions, the sponsoring party does not have to convert it to one of the above-referenced formats. If it is not in one of the above-referenced formats, the sponsoring party shall convert it to one of the above-referenced formats.
Only segments offered as an exhibit can be on the audio or video media.
Text-document exhibits must be text-searchable PDFs, preferably converted directly and scanned only if necessary.
- Preferred format
- Documentary exhibits
Formatting
- •The PDF must be text-searchable
- •Direct conversion to PDF is preferred
- •Scanning is permitted if necessary
Court's wording
Exhibits in the form of text documents must be prepared in text-searchable Portable Document Format (PDF), preferably by converting the document directly into a PDF file, but may be scanned if necessary.
An audio recording must be included in the record as an .mp3 file, Unif. Format Manual for Tex. Reporters’ Records § 8.9, or in a format supported by one of the following media players if the original is natively supported by that player: Quick Time (Apple), VLC media player (VideoLAN Organization), or Windows media player (Microsoft), JCIT Technology Standards § 3.2.A.
Photographs must be included within the computer file as images, either by capturing photographs directly with a digital camera or by scanning from a photographic print.
Video exhibits must be included as .mp4 files or in a listed player-supported format when the original is natively supported by that player.
Court's wording
A video recording must be included in the record as an .mp4 file, Unif. Format Manual for Tex. Reporters’ Records § 8.10, or in a format supported by one of the following media players if the original is natively supported by that player: Quick Time (Apple), VLC media player (VideoLAN Organization), or Windows media player (Microsoft), JCIT Technology Standards § 3.2.A.
Video files may not exceed 5 GB.
Audio or video media may contain only the segments offered as exhibits; those segments must be copied to separate media rather than submitting unoffered segments.
Court's wording
Only segments offered as an exhibit can be on the audio or video media. (E.g., a DVD of jail phone calls with 50 calls. If only certain calls are being offered, copy only those calls to be offered onto a separate disk and offer that disk as an exhibit, not all 50 calls.)
Audio exhibits may not exceed 100 MB.
The sponsoring party must submit audio or video media in an accepted Court of Appeals format, converting it if necessary.
Court's wording
When introducing an audio or video CD/DVD/Media storage device, the Court ORDERS that the sponsoring party of such media shall ensure that it is in a format that may be uploaded and accepted by the appropriate Court of Appeals applying its current guidelines. Media must be submitted in a file format from the following list: .avi, .wmv, .wav, .mpg, .mid, .asf, .mpeg, .mpl, .mp2, .mp3, .mp4, .m4v, .mpg, .ogg, .oga, .ogv, .webm. If an exhibit is in one of the foregoing formats with the associated extensions, the sponsoring party does not have to convert it to one of the above-referenced formats. If it is not in one of the above-referenced formats, the sponsoring party shall convert it to one of the above-referenced formats.
If at any time in the future the case is on appeal and the Court of Appeals cannot open an exhibit that was offered, the sponsoring party that offered the exhibit will be responsible for providing the court reporter with the exhibit that is in the acceptable format.
All exhibits, whether written, audio or video must be in a form acceptable by Appellate Courts.
If an appellate court cannot open an offered exhibit, the sponsoring party must provide the court reporter with that exhibit in an acceptable format.
Court's wording
If at any time in the future the case is on appeal and the Court of Appeals cannot open an exhibit that was offered, the sponsoring party that offered the exhibit will be responsible for providing the court reporter with the exhibit that is in the acceptable format.
Documentary exhibits should conform as closely as possible to the specified technology standards.
Court's wording
Documentary exhibits should also conform as closely as possible to section 3.1 of the most recent Technology Standards promulgated by the Judicial Committee on Information Technology and approved by the Supreme Court of Texas.
Document Filing Requirements14 rules
If opposing counsel has not approved the order, there shall be an order setting the matter for hearing accompanying the motion and attorney fees can be awarded.
No order shall be submitted to the Court for approval without a hearing unless it has been approved by opposing counsel and is accompanied by the motion requesting the relief granted.
Court-designated counsel must prepare final judgments, decrees, and orders within 30 days of the stated event, forward them to opposing counsel for form approval, and deliver them to the Court within 30 days after opposing counsel receives them.
Court's wording
All Final Judgments/Decrees/Orders of the Court shall be reduced to writing by counsel designated by the Court within thirty (30) days after rendition, announcement of the Court's ruling, announcement of agreement/settlement in open Court and forwarded to opposing counsel for approval as to form. Within thirty (30) days after receipt by opposing counsel, orders shall be delivered to the Court for signature and filing.
Agreed orders of any kind shall be approved by all counsel as to form and content.
Temporary orders must be written and forwarded to opposing counsel for form approval within 10 days of the stated event, then delivered to the Court within 10 days after opposing counsel receives them.
Court's wording
All temporary orders shall be reduced to writing within ten (10) days after rendition, announcement of the Court's ruling, announcement of agreement/settlement in open Court and forwarded to opposing counsel for approval as to form. Within ten (10) days after receipt by opposing counsel, orders shall be delivered to the Court for signature and filing.
The Court's Standing Order will accompany all family law pleadings and shall take effect the moment that the party receives notice of its filing.
Any motion omitting such certificate shall not be set for hearing until such certification has been filed.
All motions shall contain a certificate by the party filing same that efforts to resolve the dispute without Court intervention have been attempted and failed and shall set forth specifically the efforts taken by date, action and method. If an opposing party is pro se, and that party does not respond to efforts to confer, counsel may certify that the pro se party failed to respond.
Arraignment may be waived in writing signed by the attorney and filed with the clerk at least forty-eight (48) hours before the scheduled an arraignment.
The Petitioner must attach this order to the original petition and every copy, and the Clerk must ensure it is attached if the Petitioner fails to do so.
Court's wording
7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.
UPON FAILURE TO FURNISH THE COURT WITH A TEMPORARY ORDER, FINAL JUDGMENT, OR DECREE WITHIN THE APPLICABLE TIME PERIOD, THE COURT MAY, AT THE COURT'S DISCRETION, CONTINUE THE CASE OR PLACE THE CASE ON THE COURT'S DISMISSAL DOCKET.
Alternatively, counsel may submit a proposed judgment, decree, or order with a letter requesting signature if no written objection is received within 10 days; a timely objection requires the proponent to schedule a hearing with the Court coordinator.
Court's wording
Present the Court with the proposed judgment, decree, or order, together with a letter requesting the Court to sign the same if the Court has not received a written objection from opposing counsel within ten (10) days from the date of the letter. If the Court receives a written objection from opposing counsel within the stated time, the proponent of the judgment, decree, or order shall schedule a hearing for the entry of the same with the Court coordinator.
File a motion for entry of the proposed judgment, order, or decree and secure a hearing for the same, with notice to all opposing counsel, pursuant to Rule 21 (a), Texas Rules of Civil Procedure.
If the opposing side is pro-se, a signature on the proposed order is not required.
Filing & Service rules
Electronic Filing Rules
Reporter’s-record exhibits must be filed electronically through the TAMES portal when they can be converted to a format that meets portal requirements.
**Exhibits to reporter's records must be filed in electronic format** via the court's TAMES web portal to the extent those exhibits are convertible to an electronic format conforming to the size and format requirements of the TAMES portal.
Page 11 | Guidelines for Reporter's Records – Exhibits
Physical media (e.g., cassettes, VHS, DVD, etc.) may be sent to the appellate court **only** if ordered by the appellate court.
Physical media (e.g., cassettes, VHS, DVD, etc.) may be sent to the appellate court **only** if ordered by the appellate court.
Page 11 | Guidelines for Reporter's Records – Exhibits
Original exhibits may be sent to the appellate court in lieu of copies under order of the trial court, but **only**, if an electronic copy of the exhibit cannot
Original exhibits may be sent to the appellate court in lieu of copies under order of the trial court, but **only**, if an electronic copy of the exhibit cannot
Page 11 | Guidelines for Reporter's Records – Exhibits
Filing Timing and Cure Windows
Arraignment may be waived in writing signed by the attorney and filed with the clerk at least forty-eight (48) hours before the scheduled an arraignment.
Arraignment may be waived in writing signed by the attorney and filed with the clerk at least forty-eight (48) hours before the scheduled an arraignment.
Page 6 | 1) Arraignment
Service and Proof of Service Rules
A party submitting a proposed judgment for signature must serve it and the accompanying letter on all parties who have appeared and remain in the case under Rule 21(a).
Each party who submits a proposed judgment for signature shall serve the proposed judgment and a copy of the letter on all parties who have appeared and remain in the case, in accordance with Rule 21 (a), Texas Rules of Civil Procedure.
Page 3 | 3) ORDERS
Exhibits and other hearing documents must be provided to opposing counsel and the court reporter one business day before the hearing.
Any exhibits or documents to be used in the hearing must be provided to opposing counsel AND the Court reporter one business day prior to the hearing.
Page 5 | (9) REMOTE HEARINGS
Documents exceeding 25 pages must be provided by mail or in person, not by email.
Documents that exceed 25 pages must be provided by mail or in person and not be sent via email.
Page 5 | (9) REMOTE HEARINGS
Sealing & Redaction Procedures
Exhibits offered into evidence that depict children under 18 or contain medical records in any form must be sealed.
All Exhibits, whether video/audio or paper, offered into evidence depicting children (under the age of 18) and medical records in any form are hereby ordered to be sealed.
Page 10 | ORDER REGARDING AUDIO/VISUAL EVIDENCE
Exhibits offered into evidence that depict children under 18 or are medical records in any form must be sealed.
All Exhibits, whether video/audio or paper, offered into evidence depicting children (under the age of 18) and medical records in any form are hereby ordered to be sealed.
Page 2 | ORDER REGARDING AUDIO/VISUAL EVIDENCE
Pre-Motion Conference Requirements
Before filing a motion, moving counsel must confer with counsel for affected parties about opposition, except for motions legally allowed ex parte and the listed motion exceptions.
Except for motions expressly allowed by law to be filed ex-parte, before filing any motion, counsel for a moving party shall confer with the counsel for all parties affected by the requested relief to determine whether or not the contemplated motion will be opposed. Such conference is required for all motions except motions to dismiss the entire action or indictment, motions to suppress, motions for summary judgment and motions for new trial.
Page 4 | (5) CONFERENCE REQUIRED
The parties are encouraged to settle amicably, but must use alternative dispute resolution for unresolved issues before setting a final hearing.
The parties are encouraged to settle their disputes amicably without court intervention. In the event the parties are unable to settle their disputes, they are hereby ORDERED to use alternative dispute resolution methods, such as mediation, to settle those items that cannot be agreed to before setting a final hearing.
Civil cases
Page 6 | 9. PARTIES ENCOURGAGED/ORDERED TO MEDIATE/COLLABORATE
Adjournment & Extension Requirements
Continuances or setting changes require all parties’ agreement to be cancelled; if opposed, a timely motion for continuance must be filed and copied to all parties, and a hearing must be held in court or by conference call.
Any continuance or changes in settings must be the agreement of all parties before they will be cancelled. Upon opposition to a continuance or rescheduling of a setting, a formal Motion for Continuance must be timely filed and copied to all parties and a hearing shall be held either in open Court or via conference call.
Page 2 | 2) CONTINUANCES
Only the Court may cancel a setting; a party may not cancel a trial or hearing without opposing counsel’s consent and notification to the Court.
Only the Court will cancel a setting. No party shall cancel a trial or hearing without the consent of opposing counsel and then only upon notification to the Court.
Page 2 | 2) CONTINUANCES
Chambers Communication Rules
All email addresses must be provided to the Court Coordinator at least one business day before the hearing.
All email addresses must be provided to the Court Coordinator at least one business day prior to the hearing.
Page 5 | (9) REMOTE HEARINGS
The court will respond to disputed issues only when all parties of record are copied, and all email or fax communications must copy all parties involved.
Although the email will be checked daily, we will only respond to disputed issues (including court settings, etc.) if all parties of record have been CC'd within the email. In order to prevent the appearance of impropriety or any ex parte communication, ALL communication (email and/or fax) must be CC'd to all parties involved in the case.
Page 1 | Communication with the Court
Settings must be scheduled through the coordinator; counsel should call or email in advance, immediately notify the coordinator once a date is agreed, and send a confirmation email copying all parties.
All settings will be scheduled through the court coordinator. Please call or email in advance in order to receive the dates/times on which your case may be heard. Once a court date is agreed upon by all counsel, please notify the coordinator immediately. A confirmation email cc'd to all parties will be required.
Page 1 | 1) COURT SETTINGS
All parties practicing before the court must provide the coordinator with a current, valid email address within ten days of adoption of the rules.
It is required that all parties practicing before this court provide a current and valid email address to the coordinator within ten (10) days of these rules being adopted.
Page 1 | Communication with the Court
Counsel must communicate with the court by email at the stated address.
All Counsel is to communicate with the court via email: districtjudge@youngcounty.org.
Page 1 | Communication with the Court