Judge David Hittner
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
Exhibit
- 2 copies • At Time of Trial
Motion
- Same Day as Electronic Filing
Page & Word Limits2 rules
Each memorandum or brief filed in the Court shall be limited to 20 pages.
- Brief
- Up to 20 pages
Any memorandum that is more than 15 pages must be accompanied by a concise summary, no longer than 3 pages, narrowing the points in the brief.
- Summary
- Up to 3 pages
Document Format Requirements3 rules
ALL PLEADINGS (SUBSEQUENT TO THE ORIGINAL COMPLAINT) FILED IN THE COURT MUST BE: DOUBLE SPACED, NOT LESS THAN ONE INCH MARGINS AND 14 POINT FONT.
- Font size
- 14 points
- Line spacing
- Double
- Margins
- 1 inch
- Pleading
The offering party shall mark its exhibits with the party’s name, case number, and exhibit number.
proposed Jury Instructions (with citation of authority on a separate page)
Document Filing Requirements14 rules
Defendants removing cases from state court must file a Certificate of Service with the Clerk of this Court.
Court's wording
Defendants removing cases from state court must serve a copy of the Order for Conference and Disclosure of Interested Parties on all other counsel and file a Certificate of Service with the Clerk of this Court.
Certificate of Service in Removed Action must include compliance certification, date of service, certified mail method, list of documents served, and attorney signature.
Court's wording
CERTIFICATE OF SERVICE IN REMOVED ACTION I certify compliance with the Court’s Order entered upon filing of the petition for removal of this case. On _______________________________, I served by certified mail counsel of record and unrepresented parties copies of the Court’s Order, Docket Control Order, and Court Procedures. _______________________________ _______________________________ Date Attorney for Defendant(s)
Joint Pretrial Orders must include specified attachments and be signed by all counsel.
- Document
- Joint pretrial order
Must include
- •Exhibit list
Court's wording
The required attachments – proposed Findings of Fact & Conclusions of Law or JOINT Jury Instructions and Interrogatories (see below); Memorandum of Law or Pretrial Brief; Motions in Limine; proposed Voir Dire Questions (even though counsel will often conduct voir dire); Witness Lists; Expert Witness Qualifications; and Exhibit Lists – are a part of the Joint Pretrial Order and must be submitted for filing with such Order. All counsel must sign the Joint Pretrial Order.
A single set of proposed jury instructions that have been agreed to by all counsel shall be submitted to the Court. These instructions should be in the most final form possible.
Deposition testimony must be excised of irrelevant content, with objections resolved before trial.
Court's wording
With respect to all deposition testimony to be offered in evidence, counsel shall review the deposition and agree to excise all irrelevant and repetitive testimony and all colloquy between counsel. Counsel shall exchange their designated testimony and attempt to resolve all objections prior to trial.
Each counsel shall attach to the Final Joint Pretrial Order a list of all exhibits to be offered.
- Document
- Final joint pretrial order
Must include
- •Exhibit list
Deposition exhibits in non-jury trials must have a summary of intended proof and designated portions with line/page numbers attached.
Court's wording
In addition, counsel shall attach to the front of the deposition exhibit a summary of what each party intends to prove by such testimony. If portions of the deposition are to be offered, counsel shall attach to the front of the deposition exhibit the designated portions, citing line and page number inclusively, or such testimony to be read by the Court.
Counsel shall limit Posttrial Briefs to specific questions assigned by the Court during or after trial.
Unmanageable exhibits must be withdrawn after trial and replaced with reduced reproductions per Local Rule 79.2.
Court's wording
Exhibits of unmanageable size (such as charts, diagrams, posters, etc.) shall be withdrawn immediately upon completion of trial and reduced reproductions or photographs substituted pursuant to Local Rule 79.2.
Counsel shall submit, as part of the Final Joint Pretrial Order, proposed Findings of Fact and Conclusions of Law in duplicate, and Memorandum of Law or Pretrial Brief.
Jury Instructions and jury interrogatories must be short, simple, and concise.
Counsel shall submit, as part of the Final Joint Pretrial Order, proposed Voir Dire Questions, proposed Jury Instructions (with citation of authority on a separate page), and proposed Interrogatories to the Jury.
Disputed jury instructions must be marked in bold/italics/colors, labeled with the requesting party and supporting authority.
Court's wording
If the parties, in good faith, cannot agree on all instructions, the parties will nonetheless submit a single proposed charge. Each disputed addition, deletion, or revision should be clearly indicated and set out in bold type, italics, or different colors. Label disputed language to show which party requests the language and include supporting authority.
If the inclusion of any particular instruction is contingent upon events that may occur during the trial (for example, an instruction to disregard testimony that has been ordered stricken from the record), the instruction should be clearly indicated as contingent and set out in brackets.
Filing & Service rules
Filing Timing and Cure Windows
Deposition objections must be filed in advance of trial, with rulings before deposition is read.
Objections to any portion of the deposition shall be filed in advance of trial, and the Court will rule on the objections before the deposition is read.
Civil cases
Page 13 | Deposition testimony
Final revised exhibit list and witness list must be submitted to the case manager at the time of trial.
A final revised list of exhibits to be offered, and a final witness list shall be submitted to the case manager at time of trial.
Civil cases
Page 13 | Exhibits
Agreed final judgments must be submitted to the court for approval by the end of the 90-day settlement period.
Counsel shall submit promptly the agreed final judgment for approval and entry on or before the expiration of the 90-day period.
Civil cases
Page 8 | TRIAL CALENDAR
Motions for reinstatement after settlement-related dismissal must be filed within 90 calendar days with proof of settlement approval inability.
without prejudice to the right of any part to move for reinstatement within ninety (90) days upon presentation of adequate proof that final approval of the settlement could not be obtained from the respective principals for whom counsel act.
Civil cases
Page 8 | TRIAL CALENDAR
Service and Proof of Service Rules
Defendants removing cases from state court must serve the Order for Conference and Disclosure of Interested Parties on all other counsel.
Defendants removing cases from state court must serve a copy of the Order for Conference and Disclosure of Interested Parties on all other counsel and file a Certificate of Service with the Clerk of this Court.
Civil cases
Page 1 | To Counsel for Plaintiff or Defendant Removing Case
Plaintiffs must serve the Order for Conference and Disclosure of Interested Parties on defendants along with the summons and complaint.
Plaintiffs must serve a copy of the Order for Conference and Disclosure of Interested Parties on Defendants with the summons and complaint.
Civil cases
Page 1 | To Counsel for Plaintiff or Defendant Removing Case
In removed actions, service of Court’s Order, Docket Control Order, and Court Procedures must be by certified mail on counsel of record and unrepresented parties.
On _______________________________, I served by certified mail counsel of record and unrepresented parties copies of the Court’s Order, Docket Control Order, and Court Procedures.
Civil cases
Page 2 | CERTIFICATE OF SERVICE IN REMOVED ACTION
Exhibit documents or copies must be made available to opposing counsel prior to trial.
Such documents or copies thereof shall be made available to opposing counsel prior to trial.
Civil cases
Page 13 | Exhibits
Courtesy Copy Requirements
Courtesy copy to chambers required for pleadings filed within 5 days of a scheduled motion hearing.
If a motion hearing is scheduled and a pleading is filed within 5 days of the scheduled hearing, counsel shall deliver a courtesy copy to chambers.
Civil cases
Page 10 | MOTION PRACTICE
Courtesy copies of exhibits must be assembled in loose-leaf notebooks with tabs, labeled covers, max 3-inch depth, with 2 copies due at trial.
Any courtesy copies of the exhibits shall be assembled in loose-leaf notebooks with a numbered sticker on each document. Such number shall also appear on a tab extending beyond the right side of the notebook. Each notebook shall be labeled on the outside cover with the name of the offering party, the case style, and the case number. Each notebook shall not exceed three (3) inches in depth. The offering party shall provide two courtesy copies of this notebook for use by the Court, at the time of trial.
Civil cases
Page 14 | Preparation of Exhibits
The parties must include the attachments to these motions with the paper courtesy copies submitted directly to chambers. The paper courtesy copy should be sent to chambers the same day that the motions are filed electronically.
The parties must include the attachments to these motions with the paper courtesy copies submitted directly to chambers. The paper courtesy copy should be sent to chambers the same day that the motions are filed electronically.
Civil cases
Page 17
Filing Bundling Requirements
Exhibits referenced in briefs, and unpublished/non-Texas state cases not on Westlaw/Lexis must be attached to the brief or pleading.
All exhibits (contract, leases, affidavits, etc.) referred to in briefs must be attached to the brief. Copies of all unpublished cases (not available on West law or Lexis) and all state cases (not available on West law or Lexis) other than Texas cases cited shall also be attached to the pleading.
Civil cases
Page 10 | MOTION PRACTICE
Memoranda exceeding 15 pages must be bundled with a concise summary of no more than 3 pages.
Any memorandum that is more than 15 pages must be accompanied by a concise summary, no longer than 3 pages, narrowing the points in the brief.
Civil cases
Page 10 | MOTION PRACTICE
Pleadings submitted by counsel during the course of a trial should be presented in duplicate (original for filing; copy for the Court) to the Case Manager.
Pleadings submitted by counsel during the course of a trial should be presented in duplicate (original for filing; copy for the Court) to the Case Manager.
Civil cases
Page 12 | COURTROOM PROCEDURES
Adjournment & Extension Requirements
Trial continuances are only granted for exceptional circumstances; agreed continuance motions are not binding, and continuances for witness unavailability are prohibited.
Continuances. Judge Hittner maintains a restrictive policy on trial continuances. A continuance will be granted only on the basis of exceptional circumstances. Joint or agreed motions for continuance are not binding on the Court and will not be granted as a routine matter. A trial will not be continued because of unavailability of a fact witness or an expert witness, including a medical witness. Counsel are expected to anticipate such possibility and be prepared to present testimony by written deposition, by videotaped deposition, or by stipulation, in accordance with applicable rules.
Civil cases
Page 7 | TRIAL CALENDAR
Motions for extension of discovery must be filed before the discovery deadline.
Motions for extension of discovery must be filed in advance of the deadline.
Civil cases
Page 9 | DISCOVERY (EXTENSION/MOTIONS)
Chambers Communication Rules
Substantive legal issues must be filed as pleadings with the Clerk, not in letters to the Court.
Substantive issues of law shall not be addressed in letter form to the Court. They should be filed in the form of a pleading with the Clerk.
Civil cases
Page 10 | MOTION PRACTICE
Judge’s staff will not accept messages for counsel, and use of telephones in chambers is prohibited.
The Judge’s staff will not take messages for counsel. Please do not request the use of telephones in chambers.
Civil cases
Page 11 | COURTROOM PROCEDURES - Telephone Calls