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Court Rules
Judge Rosie Alvarado
Judge

Judge Rosie Alvarado

Individual Rules, Standing Orders & Policies

Rules last changed:
Bexar County District Courts

Limits & Logistics

Document Limits

Extended Assignment MotionCourt-wide
5 pgs

Courtesy Copies

Courtesy copies

  • 1 copy • Email • No Later Than 7 Days Before Hearing

Signed Order

Court-wide
  • After Signature by Court

Adjournments

  • MTEs set sua sponte from the bench may not be dropped by the parties unless they reschedule with the 438th court clerk or email the clerk that an agreed-to form order will be forthcoming by a date certain.
  • Even agreed resets of a summary judgment hearing must comply with the 60-day statutory deadline, and resets within the 90-day deadline require the movant's consent or good cause.
  • No setting may be dropped without leave of Court. All resets must be confirmed with the Court Clerk before filing a notice. A party requesting a different date must: 1. Contact the Court Clerk for available dates within the statutory limits; 2. Confer with opposing counsel or any self-represented party; 3. File a notice of hearing identifying the confirmed date and time, time announcement, and reason for the requested change. The Court will determine whether the requested setting is appropriate.

Request must include

Reason for RequestProposed Rescheduled Date

Communication

Email

Clerk

jessica.agonzalez@bexar.org
Scheduling
Phone
(210) 335-0448
Technical Issues
Phone
Court-wide

Clerk

210-335-2621
Status Inquiries
Phone
Court-wide

Clerk

(210) 335-2300
Phone
Court-wide

Clerk

210-335-2520
Scheduling
Phone
Court-wide

Clerk

210-335-2000
Scheduling
Filters:

Document Format Requirements1 rule

FormattingImportant

The court's preference is one party drafts the order, and the other party submits visible redline edits which can later be shared with the court via Zoom's "share screen" component. The court disfavors operating from two competing orders, however, recognizes in some instances it is necessary.

Document Filing Requirements1 rule

Filing RequirementsMandatory

A certificate of conference must be included with any unagreed upon setting.

Document
Unagreed motion setting
Placement
Certificate section

Must include

  • Certificate of conference

Filing & Service rules

Filing Timing and Cure Windows

Motions for summary judgment must be set for hearing by oral argument or submission within 60 days of the motion's filing date.

Specifically, that, motions must be set for hearing by oral argument or submission within 60 days of the motion's filing date

Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

The statutory deadlines do not apply to withdrawn motions; if a motion is withdrawn and refiled, the deadlines are calculated from the new filing date.

These deadlines do not apply to a motion that has been withdrawn. If the motion is withdrawn and refiled, the applicable deadlines will be calculated from the new filing date.

Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

Summary judgment hearings may be set within 90 days of the filing date if required by the Court's docket, for good cause, or with the movant's consent.

hearings may be set within 90 days of the filing date if required by the Court's docket, for good cause, or with the movant's consent

Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

Summary judgment motions are set and heard by the 438th District Court (not the Presiding Court), with the Clerk selecting a hearing date within 35-60 days of filing and entering settings into Odyssey.

THEREFORE: All motions for summary judgment filed in the 438th District Court will be set and heard by the 438th District Court, not the Presiding Court. After filing the motion, the Court Clerk will select a hearing date based on the court's calendar, within 35-60 days of the filing, and provide notice by email to all parties on file. Settings will also be entered into Odyssey, the court filing system.

Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

The Court must issue a written ruling on a summary judgment motion no later than 90 days after the motion is heard or submitted.

the Court must issue a written ruling no later than 90 days after the motion is heard or submitted

Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

Service and Proof of Service Rules

Please ensure all counsel of record and self-represented litigants are copied.

Please ensure all counsel of record and self-represented litigants are copied.

Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

The Court Clerk will provide notice of the selected summary judgment hearing date by email to all parties on file.

After filing the motion, the Court Clerk will select a hearing date based on the court's calendar, within 35-60 days of the filing, and provide notice by email to all parties on file.

Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

Courtesy Copy Requirements

Parties must email the Court a complete electronic courtesy copy of the summary judgment motion, response, reply, and supporting exhibits no later than seven days before the hearing.

No later than seven days before the hearing, the parties must provide the Court a complete electronic courtesy copy via email of the motion, response, reply and supporting exhibits.

Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

Pre-Motion Conference Requirements

Each MTE hearing is limited to 15 minutes.

Only 15 minutes is allowed per MTE hearing.

Page 1 | GENERALLY:

Parties must meaningfully confer before an MTE hearing, including exchanging the proposed order and proposed changes, or risk the MTE being reset or being ordered to confer in a Zoom breakout room.

The court requires the parties to meaningfully confer in advance of the hearing which includes having exchanged the proposed order and submitting proposed changes. Failure to confer may result in the MTE being reset or the parties ordered to confer in a zoom breakout room prior to the court taking up the matter.

Page 1 | GENERALLY:

Before setting any MTE, parties must contact the court for available dates and confer with the opposing pro se party or counsel on those dates before filing the setting.

Prior to setting any MTE in the 438th District Court, the parties shall contact the court to obtain dates of availability and confer with the opposing pro se party or counsel on those dates prior to filing the setting.

Page 1 | GENERALLY:

MTEs requiring up to 30 minutes may only be set during nonjury weeks starting at 4:30pm, subject to the court's availability.

MTE's requiring up to 30 minutes of time, may only be set during non-jury weeks starting at 4:30pm, and are subject to the court's availability.

Page 1 | SETTINGS DURING THE COURT'S NONJURY WEEKS:

During the court's jury weeks, no MTE settings are permitted on Mondays or on Tuesdays following a Monday court holiday.

No MTE settings are permitted on Mondays nor Tuesdays following a Monday court holiday.

Page 1 | SETTINGS DURING THE COURT'S JURY WEEKS:

During the court's nonjury weeks, no MTE settings are permitted on Mondays or Fridays.

No MTE settings are permitted on Mondays and Fridays.

Page 1 | SETTINGS DURING THE COURT'S NONJURY WEEKS:

During nonjury weeks, MTE settings are permissible on the remaining weekdays starting at 1pm and 1:30pm, subject to the court's availability.

The rest of the week, and subject to the court's availability, MTEs are permissible starting at 1pm and 1:30pm.

Page 1 | SETTINGS DURING THE COURT'S NONJURY WEEKS:

During jury weeks, MTE settings are permissible on the remaining weekdays starting at 1pm, subject to the court's availability.

The rest of the week, and subject to the court's availability, MTEs are permissible starting at 1pm.

Page 1 | SETTINGS DURING THE COURT'S JURY WEEKS:

Adjournment & Extension Requirements

MTEs set sua sponte from the bench may not be dropped by the parties unless they reschedule with the 438th court clerk or email the clerk that an agreed-to form order will be forthcoming by a date certain.

MTEs set sua sponte from the bench may not be dropped by the parties, unless the parties reschedule the setting with the 438th court clerk or the parties notify the 438th court clerk via email (jessica.agonzalez@bexar.org) that an agreed-to form order shall be forthcoming by a date certain.

Page 1 | GENERALLY:

Even agreed resets of a summary judgment hearing must comply with the 60-day statutory deadline, and resets within the 90-day deadline require the movant's consent or good cause.

Agreed resets must still comply with the statutory 60-day deadline. Resets within the 90-day deadline will be considered on movant's consent or if good cause is determined by the Court.

Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

No setting may be dropped without leave of Court. All resets must be confirmed with the Court Clerk before filing a notice. A party requesting a different date must: 1. Contact the Court Clerk for available dates within the statutory limits; 2. Confer with opposing counsel or any self-represented party; 3. File a notice of hearing identifying the confirmed date and time, time announcement, and reason for the requested change. The Court will determine whether the requested setting is appropriate.

No setting may be dropped without leave of Court. All resets must be confirmed with the Court Clerk before filing a notice. A party requesting a different date must: 1. Contact the Court Clerk for available dates within the statutory limits; 2. Confer with opposing counsel or any self-represented party; 3. File a notice of hearing identifying the confirmed date and time, time announcement, and reason for the requested change. The Court will determine whether the requested setting is appropriate.

Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

Chambers Communication Rules

Disputes over the form of an order must be set by a Motion to Enter Order (MTE) with the 438th District Court and may not be litigated via email with the court.

If there is a dispute over the form of an Order to be entered, set the dispute by way of a Motin to Enter the Order (MTE) with the 438th District Court. DO NOT attempt to litigate the form of an order to be entered via email with the court.

Page 1 | GENERALLY:

Parties may notify the 438th court clerk via email at jessica.agonzalez@bexar.org that an agreed-to form order will be forthcoming by a date certain.

the parties notify the 438th court clerk via email (jessica.agonzalez@bexar.org) that an agreed-to form order shall be forthcoming by a date certain

Page 1 | GENERALLY:

The court prefers Zoom appearances for MTE hearings; contact the court at (210) 335-0448 for the Zoom meeting ID.

The court prefers ZOOM appearance for MTEs. Please contact the court for the Zoom meeting ID at (210) 335-0448.

Page 1 | GENERALLY:

Court-wide rules

Applies court-wide

These 187 rules apply across Bexar County District Courts. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 69
  • Applies to
    Mileage reimbursement request

    Mileage reimbursement requires supporting documentation.

  • Applies to
    Agreed submitted order

    For trials listed in red, the agreed submitted order must state the time announcement.

  • Applies to
    Grand jury summons and trial subpoena

    A copy of this Order must be attached to every grand jury summons or trial subpoena directed to a consumer reporting agency.

Communication

All 27
  • Contact
    Phone
    Phone
    210-335-2520

    Call 210-335-2520 to obtain available dates for a special setting or non-jury referral.

  • Contact
    Phone to clerk
    Phone
    210-335-2621

    Questions about filings may be directed to Civil Filing at 210-335-2621.

  • Contact
    Phone to clerk
    Phone
    (210) 335-2300

    The Office of Civil District Courts Administration is located on the 5th Floor and can be reached by phone at (210) 335-2300.

E-Filing

All 25
  • Applies to
    Order

    When e-filing matters for the Presiding 8:30 am, 9:00 am, Tax, or Expunction dockets, the comment section must state Presiding, the specific docket, and the docket date.

  • Applies to
    Order

    When e-filing for the 1:30 Walk-up Docket, the comment section must state Presiding, the docket (1:30, Walk-up, or Uncontested Docket), and the planned appearance date.

  • Applies to
    Order

    Default judgments, Rule 106 matters, gestational agreements, orders of dismissal, and agreed judgments must be flagged with the 'Staff Attorney Review Required' queue comment when eFiled.

Filing Timing

All 24
  • Deadline
    60 calendar days

    All vouchers must be submitted within 60 calendar days of the hearing or service rendered.

  • Providing court staff with an envelope number will assist in locating cases. If a case number is provided, every filing shows up on that case. It’s more efficient to provide an envelope number to staff. It is the attorney’s responsibility to make sure the envelope has been accepted by Civil Filing prior to approaching Presiding Court for the walk-up docket.

  • For the 1:30 Walk-up Docket, orders must be filed before appearing in court, pleadings must already be accepted, and the order's envelope number must be available when approaching the judge.

About Judge Rosie Alvarado

Rosie Alvarado is a district judge in the Bexar County Civil District Courts, which hear civil matters in Bexar County, Texas.

The judge's published procedures are available in documents numbered 47381 and 56275, and in a document for the 438th Civil District Court.

Common questions about Judge Rosie Alvarado's rules

Are courtesy copies required for Judge Rosie Alvarado?

Details: 1 copy, delivery no later than 7 days before hearing, by email. Parties must email the Court a complete electronic courtesy copy of the summary judgment motion, response, reply, and supporting exhibits no later than seven days before the hearing.

View ruleSource: page 1, section NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

Does Judge Rosie Alvarado require a pre-motion conference or letter before filing a motion?

Before setting any MTE, parties must contact the court for available dates and confer with the opposing pro se party or counsel on those dates before filing the setting.

View ruleSource: page 1, section GENERALLY:

What must be included with unagreed motion setting filings before Judge Rosie Alvarado?

The rule requires certificate of conference. Any unagreed-upon MTE setting must include a certificate of conference.

View ruleSource: page 1, section GENERALLY:

How may parties contact Judge Rosie Alvarado's chambers?

Disputes over the form of an order must be set by a Motion to Enter Order (MTE) with the 438th District Court and may not be litigated via email with the court.

View ruleSource: page 1, section GENERALLY:

How do I request an adjournment or extension before Judge Rosie Alvarado?

MTEs set sua sponte from the bench may not be dropped by the parties unless they reschedule with the 438th court clerk or email the clerk that an agreed-to form order will be forthcoming by a date certain.

View ruleSource: page 1, section GENERALLY:

What filing deadlines does Judge Rosie Alvarado set?

Motions for summary judgment must be set for hearing by oral argument or submission within 60 days of the motion's filing date.

View ruleSource: page 1, section NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

What rule applies to service for courtesy copy email before Judge Rosie Alvarado?

Details: method: service by email, recipient: all parties. Please ensure all counsel of record and self-represented litigants are copied.

View ruleSource: page 1, section NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT
Complete rules summary for Judge Rosie Alvarado

Before setting any MTE, parties must contact the court for available dates and confer with the opposing pro se party or counsel on those dates before filing the setting.

Any unagreed-upon MTE setting must include a certificate of conference.

The court prefers Zoom appearances for MTE hearings; contact the court at (210) 335-0448 for the Zoom meeting ID.

MTEs set sua sponte from the bench may not be dropped by the parties unless they reschedule with the 438th court clerk or email the clerk that an agreed-to form order will be forthcoming by a date certain.

Parties may notify the 438th court clerk via email at jessica.agonzalez@bexar.org that an agreed-to form order will be forthcoming by a date certain.

During the court's jury weeks, no MTE settings are permitted on Mondays or on Tuesdays following a Monday court holiday.

During the court's nonjury weeks, no MTE settings are permitted on Mondays or Fridays.

During nonjury weeks, MTE settings are permissible on the remaining weekdays starting at 1pm and 1:30pm, subject to the court's availability.

Each MTE hearing is limited to 15 minutes.

Disputes over the form of an order must be set by a Motion to Enter Order (MTE) with the 438th District Court and may not be litigated via email with the court.

Parties must meaningfully confer before an MTE hearing, including exchanging the proposed order and proposed changes, or risk the MTE being reset or being ordered to confer in a Zoom breakout room.

The court prefers one party to draft the order with the other submitting visible redline edits shareable via Zoom screen share, and disfavors two competing orders though it recognizes this is sometimes necessary.

MTEs requiring up to 30 minutes may only be set during nonjury weeks starting at 4:30pm, subject to the court's availability.

During jury weeks, MTE settings are permissible on the remaining weekdays starting at 1pm, subject to the court's availability.

Summary judgment hearings may be set within 90 days of the filing date if required by the Court's docket, for good cause, or with the movant's consent.

The Court must issue a written ruling on a summary judgment motion no later than 90 days after the motion is heard or submitted.

Parties must email the Court a complete electronic courtesy copy of the summary judgment motion, response, reply, and supporting exhibits no later than seven days before the hearing.

The Court Clerk will provide notice of the selected summary judgment hearing date by email to all parties on file.

Even agreed resets of a summary judgment hearing must comply with the 60-day statutory deadline, and resets within the 90-day deadline require the movant's consent or good cause.

Please ensure all counsel of record and self-represented litigants are copied.

No setting may be dropped without leave of Court. All resets must be confirmed with the Court Clerk before filing a notice. A party requesting a different date must: 1. Contact the Court Clerk for available dates within the statutory limits; 2. Confer with opposing counsel or any self-represented party; 3. File a notice of hearing identifying the confirmed date and time, time announcement, and reason for the requested change. The Court will determine whether the requested setting is appropriate.

Summary judgment motions are set and heard by the 438th District Court (not the Presiding Court), with the Clerk selecting a hearing date within 35-60 days of filing and entering settings into Odyssey.

Motions for summary judgment must be set for hearing by oral argument or submission within 60 days of the motion's filing date.

The statutory deadlines do not apply to withdrawn motions; if a motion is withdrawn and refiled, the deadlines are calculated from the new filing date.

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