Judge Nadine Melissa Nieto
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Signed Order
Court-wide- After Signature by Court
Communication
Other Contacts3 contacts
Document Filing Requirements17 rules
The Certificate of Conference shall detail the efforts to resolve the dispute without court intervention.
Any motion omitting a Certificate of Conference shall not be set for hearing until such certification has been filed.
If the parties are unable to obtain approval as to form, counsel/litigants must file a motion to enter and secure a hearing date.
Additionally, each motion for summary judgment, as well as each response, must be accompanied by a proposed order granting the motion and a proposed order denying the motion for the court's signature.
- Document
- Summary judgment motion
Must include
- •Proposed order
Agreed Orders bearing the signature of all attorneys of record and self-represented litigants, if any, may be submitted via e-filing as a proposed order.
- Document
- Agreed order
Include
- •Proposed order
A Docket Control Order must be submitted to the Court for signature.
The notice of hearing must include a certificate of service as a required section.
Court's wording
By my signature below, I hereby certify that on the ________(Date) a true and correct copy of the above and foregoing Notice of Hearing was served to Tex. R. Civ. P. 21a, on all counsel of record, via e-service and/or via the e-file manager.
The Certificate of Conference shall detail the efforts to resolve the dispute without court intervention.
Before filing any contested motion, the movant shall confer with all parties affected by the requested relief to determine whether the motion will be opposed and prepare a Certificate of Conference.
- Document
- Contested motion
Must include
- •Certificate of conference
Any motion omitting a Certificate of Conference shall not be set for hearing until such certification has been filed.
If the parties are unable to obtain approval as to form, counsel/litigants must file a motion to enter and secure a hearing date.
Additionally, each motion for summary judgment, as well as each response, must be accompanied by a proposed order granting the motion and a proposed order denying the motion for the court's signature.
- Document
- Summary judgment motion and response
Must include
- •Proposed order
A Docket Control Order must be submitted to the Court for signature.
Each Notice of Setting shall state the nature of the contested matter, the name, address, telephone number, and email address of each attorney of record or self-represented litigant and the hearing date, hour and estimated time announcement.
Proposed orders lacking the opposing side's signature may be presented during the morning docket, provided the Court is told that the opposing party does not object but cannot sign.
Court's wording
When at least one party is represented by counsel and a party seeks the Court’s signature but is unable to obtain the opposing side’s signature on the proposed order, you may approach the Court during the morning docket to present the order for consideration. Please alert the Court at that time that the opposing party does not object to the relief requested but is unavailable or otherwise unable to sign the order. Upon this notification, the Court will review the proposed order and determine whether it is appropriate for signature.
A Notice of Setting shall be delivered to each attorney of record and/or self-represented litigant. Each Notice of Setting shall state the nature of the contested matter, the name, address, telephone number, and email address of each attorney of record or self-represented litigant and the hearing date, hour and estimated time announcement.
When at least one party is represented by counsel and a party seeks the Court's signature but is unable to obtain the opposing side's signature on the proposed order, you may approach the Court during the morning docket to present the order for consideration. Please alert the Court at that time that the opposing party does not object to the relief requested but is unavailable or otherwise unable to sign the order. Upon this notification, the Court will review the proposed order and determine whether it is appropriate for signature.
Filing & Service rules
Electronic Filing Rules
Orders shall be e-filed with a comment for a staff attorney to review. Upon review by staff counsel, these orders may be signed by the Court without the necessity of a hearing.
Orders shall be e-filed with a comment for a staff attorney to review. Upon review by staff counsel, these orders may be signed by the Court without the necessity of a hearing.
Page 5 | ORDERS FOR UNCONTESTED OR UNOPPOSED MATTERS - AGREED ORDERS
Agreed Orders bearing the signature of all attorneys of record and self-represented litigants, if any, may be submitted via e-filing as a proposed order. Orders shall be e-filed with a comment for a staff attorney to review. Upon review by staff counsel, these orders may be signed by the Court without the necessity of a hearing.
Agreed Orders bearing the signature of all attorneys of record and self-represented litigants, if any, may be submitted via e-filing as a proposed order. Orders shall be e-filed with a comment for a staff attorney to review. Upon review by staff counsel, these orders may be signed by the Court without the necessity of a hearing.
Page 5 | Orders for Uncontested or Unopposed Matters - Agreed Orders
Agreed orders signed by all attorneys of record and any self-represented litigants may be e-filed as proposed orders and signed by the Court without a hearing.
Agreed Orders bearing the signature of all attorneys of record and self-represented litigants, if any, may be submitted via e-filing as a proposed order and may be signed by the Court without the necessity of a hearing.
Page 3 | ORDERS FOR CONTESTED MATTERS
Agreed orders signed by all attorneys of record and any self-represented litigants may be e-filed as proposed orders and may be signed by the Court without a hearing.
Agreed Orders bearing the signature of all attorneys of record and self-represented litigants, if any, may be submitted via e-filing as a proposed order and may be signed by the Court without the necessity of a hearing.
Page 3 | Orders for Contested Matters
Filing Timing and Cure Windows
Final judgments/orders must be reduced to writing within 30 days and delivered to the Court for signature.
All Final Judgments/Orders of the Court shall be reduced to writing within thirty (30) days and delivered to the Court for signature.
Page 3 | ORDERS FOR CONTESTED MATTERS
Temporary orders must be reduced to writing within 10 days and delivered to the Court for signature.
All temporary orders shall be reduced to writing within ten (10) days and delivered to the Court for signature.
Page 3 | ORDERS FOR CONTESTED MATTERS
Failure to timely furnish a temporary order, final judgment, or decree may result in the Court setting a hearing or placing the case on the dismissal docket.
FAILURE TO FURNISH THE COURT WITH A TEMPORARY ORDER, FINAL JUDGMENT OR DECREE WITHIN THE APPLICABLE TIME PERIOD MAY RESULT IN THE COURT SETTING A HEARING OR PLACING THE CASE ON THE COURT'S DISMISSAL DOCKET.
Page 3 | ORDERS FOR CONTESTED MATTERS
Written motions to remove a case from the dismissal docket must be presented to the judge before the notified dismissal date.
Written motions to remove the case from the dismissal docket must be presented to the judge prior to the notified date of dismissal.
Page 7 | DISMISSAL DOCKET/ INVOLUNTARY DISMISSAL
Final judgments/orders must be reduced to writing and delivered to the Court for signature within 30 days.
All Final Judgments/Orders of the Court shall be reduced to writing within thirty (30) days and delivered to the Court for signature.
Page 3 | Orders for Contested Matters
Temporary orders must be reduced to writing and delivered to the Court for signature within 10 days.
All temporary orders shall be reduced to writing within ten (10) days and delivered to the Court for signature.
Page 3 | Orders for Contested Matters
Failure to furnish a temporary order, final judgment, or decree within the applicable time period may result in the Court setting a hearing or placing the case on the dismissal docket.
FAILURE TO FURNISH THE COURT WITH A TEMPORARY ORDER, FINAL JUDGMENT OR DECREE WITHIN THE APPLICABLE TIME PERIOD MAY RESULT IN THE COURT SETTING A HEARING OR PLACING THE CASE ON THE COURT'S DISMISSAL DOCKET.
Page 3 | Orders for Contested Matters
Written motions to remove a case from the dismissal docket must be presented to the judge before the notified dismissal date.
Written motions to remove the case from the dismissal docket must be presented to the judge prior to the notified date of dismissal.
Page 7 | DISMISSAL DOCKET/ INVOLUNTARY DISMISSAL
Service and Proof of Service Rules
The notice of hearing must include a certificate of service confirming service on all counsel of record via e-service and/or e-file manager.
By my signature below, I hereby certify that on the ________(Date) a true and correct copy of the above and foregoing Notice of Hearing was served to Tex. R. Civ. P. 21a, on all counsel of record, via e-service and/or via the e-file manager.
Page 2 | Certificate of Service
A Notice of Setting must be delivered to each attorney of record and/or self-represented litigant.
A Notice of Setting shall be delivered to each attorney of record and/or self-represented litigant.
Page 1 | COURT SETTINGS - CONTESTED MATTERS
Pre-Motion Conference Requirements
Before filing any contested motion, the movant must confer with all affected parties to determine whether the motion will be opposed and prepare a Certificate of Conference.
Before filing any contested motion, the movant shall confer with all parties affected by the requested relief to determine whether the motion will be opposed and prepare a Certificate of Conference.
Page 1 | CONFERENCE REQUIRED
The parties and all agents with settlement authority must attend mediation unless the Court grants leave excusing attendance.
Except on leave of Court, the parties and all authorized agents with the authority to settle the case must attend mediation.
Page 5 | ALTERNATE DISPUTE RESOLUTION
No jury trial may be held until all contested issues have been referred to mediation, which is discretionary, may be requested by the parties, and for which the Court will appoint a mediator if the parties cannot agree.
No jury trial on the merits shall be conducted in any case until all contested issues have been referred to Mediation. Mediation will be at the discretion of the court and may be requested by the parties. If the patties cannot agree, the Court will appoint a qualified Mediator.
Page 5 | ALTERNATE DISPUTE RESOLUTION
Summary judgment motions are decided on submission, but a hearing will be granted at the court's discretion upon request and must be scheduled by contacting the court's clerk or coordinator.
The Court currently considers Summary Judgment Motions on submission; however, if any party requests a hearing, the court will grant one at its discretion. Should a party require a hearing, they must contact the court's clerk or coordinator to schedule an appropriate date.
Page 3 | SUMMARY JUDGMENTS
Dispositive motions, Motions for New Trial, and ex parte matters are exempt from the Certificate of Conference requirement.
Dispositive motions, Motions for New Trial and Ex Parte matters do not require a Certificate of Conference.
Page 1 | Exceptions for Certificate of Conference
Summary judgment motions are decided on submission, but the Court will grant a hearing at its discretion upon request, which the party must schedule by contacting the court's clerk or coordinator.
The Court currently considers Summary Judgment Motions on submission; however, if any party requests a hearing, the court will grant one at its discretion. Should a party require a hearing, they must contact the court's clerk or coordinator to schedule an appropriate date.
Page 3 | Summary Judgments
Dispositive motions, Motions for New Trial, and Ex Parte matters are exempt from the Certificate of Conference requirement.
Dispositive motions, Motions for New Trial and Ex Parte matters do not require a Certificate of Conference.
Page 1 | EXCEPTIONS FOR CERTIFICATE OF CONFERENCE
Adjournment & Extension Requirements
Trial settings may only be passed or reset by a settlement announced in open court, an Agreed Order to Dismiss/all-party agreement with Court approval, or a Motion for Continuance granted by the Court.
No setting shall be passed or reset except by: (a) settlement agreement announced in open court complying with the Texas Rules of Civil Procedure; (b) Agreed Order to Dismiss/agreement of all parties with Court approval; or (c) a Motion for Continuance granted by the Court.
Page 7 | TRIALS
Trial settings may only be passed or reset via a settlement agreement announced in open court, an agreed order of dismissal approved by the court, or a granted motion for continuance.
No setting shall be passed or reset except by: (a) settlement agreement announced in open court complying with the Texas Rules of Civil Procedure; (b) Agreed Order to Dismiss/agreement of all parties with Court approval; or (c) a Motion for Continuance granted by the Court.
Page 7 | TRIALS
Chambers Communication Rules
For emergency matters, parties must notify the clerk immediately so the court will treat the issue as urgent and provide an expedited emergency hearing as soon as possible.
For all emergency matters, please notify the clerk immediately. Once the clerk has been advised, the court will treat the issue as urgent and recognize that you are requesting an expedited hearing. The clerk will then inform the court accordingly, and you will be provided with an emergency hearing as soon as possible.
Page 7 | EMERGENCY/EX PARTE MATTERS
For emergency matters, parties must notify the clerk immediately so the court treats the issue as urgent and provides an expedited hearing as soon as possible.
For all emergency matters, please notify the clerk immediately. Once the clerk has been advised, the court will treat the issue as urgent and recognize that you are requesting an expedited hearing.
Page 7 | EMERGENCY/EX PARTE MATTERS
Scheduling of contested matters is coordinated through the Court Clerk (Amber Martinez, amber.martinez@bexar.org); parties must contact the clerk or coordinator to obtain available hearing dates and times.
All scheduling will be coordinated through the Court Clerk, Amber Martinez at amber.martinez@bexar.org. Please contact the clerk or coordinator to obtain the available dates and times for your case to be heard.
Page 1 | Court Settings - Contested Matters
If you cannot obtain your preferred hearing setting from the clerk, contact Judge Nadine Nieto directly by email.
IF YOU CANNOT GET A SETTING FROM THE CLERK FOR YOUR PREFERRED TIME AND DATE THAT YOU WOULD LIKE, PLEASE CONTACT JUDGE NADINE NIETO DIRECTLY AT: [email protected]
Page 1 | Court Procedure for the 285th District Court
Scheduling for contested matters is coordinated through the Court Clerk (Amber Martinez, amber.martinez@bexar.org), who must be contacted to obtain available hearing dates and times.
All scheduling will be coordinated through the Court Clerk, Amber Martinez at amber.martinez@bexar.org. Please contact the clerk or coordinator to obtain the available dates and times for your case to be heard.
Page 1 | COURT SETTINGS - CONTESTED MATTERS