Judge Brook Fulks
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Adjournments
- The court generally will not continue an agreed trial setting except in an emergency or for other good cause shown.
- Resetting or continuing the initial trial setting will not alter established deadlines unless the court orders otherwise after a motion showing good cause.
- The court ordinarily will not continue an agreed trial date unless an emergency or other good cause is shown.
- +5 more
Request must include
Communication
Clerk
Phone
Clerk
Page & Word Limits1 rule
This summary is intended to be an aid for the Court and should be limited to one page.
- Page limit
- Up to 1 page
Document Format Requirements5 rules
Proposed jury charges (instructions, definitions, and questions) emailed in editable Word format to the court coordinator.
- File type
- Word
- Proposed jury charges
If you are offering audios or videos as exhibits, please provide the court reporter your exhibits on a flash drive. The Court cannot accept as an exhibit any video or audio recording that is not on a flash drive.
Recording devices (audio or video) and transcription programs (Otter.ai; Temi; Amberscript; etc.) are prohibited in the Courtroom.
Exhibits must be labeled chronologically, and subparts or sub-exhibits must not use labels such as Exhibit 1a or Exhibit 1.a.i.
Formatting
- •Label exhibits chronologically
Court's wording
Please have your exhibits labeled or have exhibit stickers already applied and ready to be labeled. When labeling, please label chronologically (i.e., Exhibit 1, Exhibit 2, Exhibit 3). Do not label Exhibit 1a, Exhibit 1b, Exhibit 1.a.i, Exhibit 1.a.ii, Exhibit 1.a.iii, etc.
In addition to the printed property division spreadsheet, the Court requests an editable format, such as an Excel spreadsheet.
Formatting
- •Printed property division spreadsheet
Document Filing Requirements36 rules
A Proposed Property Division shall be provided to the Court at trial stating a party’s requested division of all assets and liabilities, whether community, separate, or mixed character.
Any expert not properly disclosed will not be permitted to testify. A testifying expert disclosure must include all information required by the rules.
Only file an identification of your exhibits. Do not file your trial exhibits.
Completed witness lists and exhibit lists.
Include
- •Exhibit list
A trial summary for any cause of action outside the Family Code, including each element of each cause of action and defense and, if appropriate, a precise legal standard for measure of damages.
All exhibits present and pre-marked for identification (for the purpose of stipulating to the authenticity and admissibility of exhibits).
Each party must produce the following at the pre-trial conference:
If a child interview is requested in the pleadings, it must be listed in your pre-trial scheduling order or docketed on the court’s docket in advance. Requests made on the day of trial will not be considered.
A completed Default Judgment checklist must be filed with the court before a hearing to finalize a default judgment can be scheduled.
Court's wording
Before you can schedule a hearing to finalize a default judgment, you must complete the Default Judgment checklist (located at https://www.collincountytx.gov/Courts/District-Courts/470dc) and file it with the court.
For any motion set for hearing by submission, the movant shall submit a Notice of Court Proceeding.
In every case involving children, the parties must file a pleading or statement describing the children’s health insurance.
Please attach a Certificate of Ex Parte Relief to your pleading which indicates that the party or attorney has complied with Collin County Local Rule 3.4.
The Conference Requirement certification for a motion to compel must include the date of a phone call between the two attorneys made in an effort to resolve the dispute, which is in addition to any deficiency letter which may have been sent.
- Document
- Motion to compel
Must include
- •Certificate of conference
Scheduling orders without a mediator’s name will be rejected.
Please do not file any proposed order on the motion until you receive a ruling.
If you are asking the Court to divide property, you must provide a proposed property division which lists all assets and debts and their values.
If you do not bring a proposed property division with you on the date of your trial, you will be required to fill one out prior to trial.
The Court will not sign any order where possession of a child or children is solely by agreement of the parties. The non-primary or possessory conservator must have a set possession schedule.
All other filings should not contain unredacted sensitive data and should not be marked CONTAINS SENSITIVE DATA.
You must redact the sensitive data and use initials for each child’s name in all pleadings. Do not mark filings as containing sensitive data– it is not a substitute for redacting.
Parent-child and divorce petitions involving children must state the child’s name and birth date and are the only filings that may contain that information and bear the sensitive-data notice.
Court's wording
Tex. Fam. Code § 102.008(b)(2) requires a child’s name and date of birth to be included in a petition in a suit affecting the parent-child relationship or a divorce petition involving children. These are the only filings that should contain a child’s name or birth date. Since the inclusion of unredacted sensitive data is required, these petitions are the only filings that should be marked “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.”
A Jury Trial Discovery Control Plan and Scheduling Order must be completed and signed when the trial is set.
Please e-file the Court’s form Scheduling Order with the trial date and mediation details filled in.
Please e-file a notice of court proceeding with the date filled in. The coordinator does not add the case to the Court’s calendar until a completed notice of court proceeding is submitted.
If you cannot get an opposing counsel or party to sign this order or agree to a trial date, please file a letter describing your efforts and submit your proposed scheduling order to the court
A Proposed Property Division shall be provided to the Court at trial stating a party’s requested division of all assets and liabilities, whether community, separate, or mixed character.
In divorce cases, each party must serve a sworn inventory on the other party within 30 days of the order, identifying and valuing all property and listing all debts with creditors and amounts.
Court's wording
For Divorce cases, each party shall serve the other party within 30 days of this order with a sworn inventory setting forth a description, identification of characterization (community; separate; mixed) and value of all property (real or personal) owned or claimed by the parties and a list of all debts (stating the creditor and amount) owed by the parties.
If you cannot get an opposing counsel or party to sign this order or agree to a trial date, please file a letter describing your efforts and submit your proposed scheduling order to the court
The Court will not hear pre-trial motions on the day of jury selection without prior leave of court.
Check in with the bailiff before the time of your hearing. Provide a copy of your summary of requested relief. If you plan to leave our courtroom, give the bailiff your cell phone number.
Please bring at least three copies of each exhibit and an exhibit list for the court reporter.
- Document
- Exhibits
Include
- •Exhibit list
A proposed order in Word should be submitted to the court coordinator at 470@co.collin.tx.us two days before the hearing.
Any objections to a proposed order should be on file one day before the hearing.
If, after several attempts, you are unable to get an agreed date, please e-file a proposed scheduling order with a letter describing your efforts.
No additional affirmative defenses, inferential rebuttal defenses, or any other defensive theories shall be pled after this date without prior leave of court based upon a showing of good cause or by written Rule 11 agreement of the parties.
The Court prefers descriptive marking, for example “H-1” for husband’s exhibits or “M-1” for mother’s exhibits, as appropriate.
Filing & Service rules
Electronic Filing Rules
The notice of court proceeding with the agreed date must be e-filed.
Please e-file a notice of court proceeding with the date filled in.
Civil cases
Page 9 | Settings — Hearing
The completed court Scheduling Order must be e-filed when setting a trial.
Please e-file the Court’s form Scheduling Order with the trial date and mediation details filled in.
Civil cases
Page 9 | Settings — Trial
When an agreed trial date cannot be obtained after several attempts, a proposed scheduling order and an efforts letter must be e-filed.
If, after several attempts, you are unable to get an agreed date, please e-file a proposed scheduling order with a letter describing your efforts.
Civil cases
Page 9 | Settings — Trial
Filing Timing and Cure Windows
Motions to compel must be filed and heard at least 31 days before trial.
All Motions to Compel must be filed and heard at least 31 days before trial.
Civil cases
Page 1 | Jury Trial Discovery Control Plan and Scheduling Order
Applicable pretrial disclosures must be completed and filed before the pretrial conference.
All pretrial disclosures (for cases filed between 1/1/2021 & 8/31/2023 or for cases with causes of action not governed by the Texas Family Code) must have been timely completed and filed before the pretrial conference.
Civil cases
Page 1 | Jury Trial Discovery Control Plan and Scheduling Order
Initial-disclosure objections must be filed at least 30 days before trial or are waived.
All objections or complaints about initial disclosures (for causes of action not governed by the Texas Family Code) must be filed at least 30 days before trial or they are waived.
Civil cases
Page 1 | Jury Trial Discovery Control Plan and Scheduling Order
Dispositive motions must be filed early enough for responses to be due and must be heard no later than 31 days before trial.
All dispositive motions (summary judgment, plea to jurisdiction, plea in abatement, etc.) must be filed in such a time that all responses are due and the motion is heard no later than 31 days before trial.
Civil cases
Page 1 | Jury Trial Discovery Control Plan and Scheduling Order
Pretrial motions must be filed at least 10 days before the formal pretrial conference and will be heard at that conference.
All pre-trial motions (motions in limine, etc.) shall be filed at least 10 days before the formal pre-trial conference and will be heard at the formal pre-trial conference.
Civil cases
Page 2 | Formal Pre-Trial Conference
Expert challenges must be heard by the formal pretrial conference absent good cause, with written objections filed at least 10 days before the hearing.
Unless good cause is shown, all expert challenges (Daubert/Dupont) shall be heard no later than the formal pre-trial, and written objections must be on file at least 10 days before hearing.
Civil cases
Page 2 | Formal Pre-Trial Conference
A responsive pleading to a motion set for submission is due at 11:59 p.m. on the day before the setting unless the Court orders another deadline.
Any responsive pleading to the set motion is due at 11:59 p.m. the day before the setting unless another deadline is ordered by the Court.
Civil cases
Page 4 | Hearings by Submission
Mediation must occur at least 45 days before trial.
Mediation is required at least 45 days before trial.
Civil cases
Page 5 | Mediation
Summary-judgment motions must be filed sufficiently early for the court to rule at least 31 days before trial.
All motions for summary judgment must be filed in such a time that the Court can rule at least 31 days before trial.
Civil cases
Page 6 | Motions for Summary Judgment
All motions to deem admissions admitted must be both filed and heard at least 15 days before trial.
All Motions to Deem Admissions Admitted must be filed and heard at least 15 days before trial.
Civil cases
Page 1 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER - CIVIL
Amended pleadings asserting new claims or defenses must be filed and served on all other parties at least 30 days before discovery ends.
Amended Pleadings – Parties shall file with the Court and serve all other parties with any amended pleadings asserting new causes of action or defenses no later than thirty (30) days before the end of the discovery period.
Civil cases
Page 1 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER - CIVIL
Objections or complaints about initial disclosures are waived unless filed at least 30 days before trial.
All objections or complaints about initial disclosures must be filed at least 30 days before trial or they are waived.
Civil cases
Page 1 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER - CIVIL
Responses to amended pleadings, including affirmative defenses or special exceptions, must be filed within two weeks after the amended-pleading deadline.
Responses to such Amended Pleadings, including any and all affirmative defenses and/or special exceptions may be filed within two (2) weeks after this deadline.
Civil cases
Page 1 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER - CIVIL
All motions to compel must be both filed and heard at least 31 days before trial.
All Motions to Compel must be filed and heard at least 31 days before trial.
Civil cases
Page 1 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER - CIVIL
Expert challenges must be filed at least 28 days before trial.
All expert challenges (Daubert/Dupont) must be filed at least 28 days before trial
Civil cases
Page 2 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER - CIVIL
Dispositive motions must be filed early enough for responses to be due and must be heard no later than 31 days before trial.
All dispositive motions (summary judgment, plea to jurisdiction, plea in abatement, etc.) must be filed in such a time that all responses are due and the motion is heard no later than 31 days before trial.
Civil cases
Page 2 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER - CIVIL
Expert challenges must be filed at least 28 days before trial and heard at least 14 days before trial or they are waived.
All expert challenges (Daubert/Dupont) must be filed at least 28 days before trial and heard at least 14 days before trial or they are waived.
Civil cases
Page 2 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER - CIVIL
Expert challenges must be heard at least 14 days before trial or they are waived.
and heard at least 14 days before trial or they are waived.
Civil cases
Page 2 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER - CIVIL
Amended pleadings asserting new claims or defenses must be filed with the court and served on all other parties no later than 30 days before the discovery period ends.
Amended Pleadings – Parties shall file with the Court and serve all other parties with any amended pleadings asserting new causes of action or defenses no later than thirty (30) days before the end of the discovery period.
Civil cases
Page 1 | Amended Pleadings
All motions to deem admissions admitted must be filed and heard at least 15 days before trial.
All Motions to Deem Admissions Admitted must be filed and heard at least 15 days before trial.
Civil cases
Page 1 | Discovery
Dispositive motions must be filed early enough for all responses to be due and for the motion to be heard no later than 31 days before trial.
All dispositive motions (summary judgment, plea to jurisdiction, plea in abatement, etc.) must be filed in such a time that all responses are due and the motion is heard no later than 31 days before trial.
Civil cases
Page 1 | Dispositive Motions
All motions to compel must be filed and heard at least 31 days before trial.
All Motions to Compel must be filed and heard at least 31 days before trial.
Civil cases
Page 1 | Discovery
Objections or complaints about initial disclosures for causes of action not governed by the Texas Family Code must be filed at least 30 days before trial or are waived.
All objections or complaints about initial disclosures (for causes of action not governed by the Texas Family Code) must be filed at least 30 days before trial or they are waived.
Civil cases
Page 1 | Initial Disclosures
A motion for a child interview under Texas Family Code section 153.009 must be filed and heard at least 30 days before trial or the request is waived.
Any motion for child interview under Tex. Fam. Code 153.009 must be filed and heard at least 30 days before trial or the request is waived.
Civil cases
Page 2 | Interview of Child
Daubert or Dupont expert challenges must be filed at least 28 days before trial and heard at least 14 days before trial or be waived.
All expert challenges (Daubert/Dupont) must be filed at least 28 days before trial and heard at least 14 days before trial or they are waived.
Civil cases
Page 2 | Expert Challenges
Mediation is required in all cases at least 45 days before the trial date.
Mediation is required in ALL cases at least 45 days prior to the trial date.
Civil cases
Page 2 | Mediation
Responses to amended pleadings, including affirmative defenses or special exceptions, may be filed within two weeks after the amended-pleadings deadline.
Responses to such Amended Pleadings, including any and all affirmative defenses and/or special exceptions may be filed within two (2) weeks after this deadline.
Civil cases
Page 1 | Amended Pleadings
Service and Proof of Service Rules
In divorce cases, each party must serve the other party with a sworn inventory within 30 days of the order.
Sworn Inventory: For Divorce cases, each party shall serve the other party within 30 days of this order with a sworn inventory setting forth a description, identification of characterization (community; separate; mixed) and value of all property (real or personal) owned or claimed by the parties and a list of all debts (stating the creditor and amount) owed by the parties.
Civil cases
Page 2 | Sworn Inventory and Proposed Property Division
If the OAG was previously a party, it must be served with all pleadings and noticed for all hearings and trial until the court orders otherwise or the OAG asks to be excused.
If the OAG was ever a party in the case, the OAG must be served with all pleadings and noticed for all hearings and trial until further order of the Court or until the OAG requests to be excused.
Civil cases
Page 6 | Office of the Attorney General (OAG)
Proof of notice must be filed or offered as a court-reporter exhibit before proceeding with a motion or hearing without the opposing side present.
If you want to go forward on a motion/hearing without the other side present, you must tender proof of notice to the court either by filing your proof of notice or by offering it as an exhibit for the court reporter.
Civil cases
Page 7 | Proof of Notice
All other parties must be served with amended pleadings asserting new causes of action or defenses.
Amended Pleadings – Parties shall file with the Court and serve all other parties with any amended pleadings asserting new causes of action or defenses no later than thirty (30) days before the end of the discovery period.
Civil cases
Page 1 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER - CIVIL
In divorce cases, each party must serve the other party with the required sworn inventory within 30 days after the order.
For Divorce cases, each party shall serve the other party within 30 days of this order with a sworn inventory setting forth a description, identification of characterization (community; separate; mixed) and value of all property (real or personal) owned or claimed by the parties and a list of all debts (stating the creditor and amount) owed by the parties.
Civil cases
Page 2 | Sworn Inventory
Notice of the order must be posted outside the courtroom and served upon lead counsel.
Notice of this order shall be given by its posting outside the courtroom and service upon lead counsel.
Civil cases
Page 4 | VI. NOTICE OF THIS ORDER
Sealing & Redaction Procedures
Attorneys may not file documents containing unredacted sensitive data.
Under TRCP 21c, attorneys are prohibited from filing documents containing unredacted sensitive data.
Civil cases
Page 8 | Sensitive Data and Children’s Initials
A motion to seal a civil case must allege the grounds specified by Texas Rule of Civil Procedure 76a.
A motion to seal case must allege the grounds in Texas Rules of Civil Procedure 76a.
Civil cases
Page 8 | Sealing Cases
The court will not seal a case before final trial.
Cases will not be sealed before final trial.
Civil cases
Page 8 | Sealing Cases
Adjournment & Extension Requirements
Resetting or continuing the initial trial setting will not alter established deadlines unless the court orders otherwise after a motion showing good cause.
Reset or continuance of the Initial Trial Setting will not alter any deadlines established in this Order or established by the Texas Rules of Civil Procedure, unless specifically provided by Order after Motion showing good cause.
Civil cases
Page 2 | Bench Trial
A continuance, even an agreed one, in a case filed more than nine months ago requires a hearing and court approval.
Any continuance (even if agreed) for a case that was filed more than 9 months ago requires a hearing and court approval.
Civil cases
Page 1 | Continuances
Failure to mediate or to schedule mediation does not justify a continuance.
Failure to mediate or failure to schedule mediation are not grounds for a continuance.
Civil cases
Page 1 | Continuances
The court ordinarily will not grant a continuance of an agreed trial date except in an emergency or for other good cause shown.
It is the policy of this Court not to grant a continuance of any trial setting when such date has been agreed to by the parties or attorneys, except in an emergency or for other good cause shown.
Civil cases
Page 2 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER - CIVIL
Resetting or continuing the initial trial setting does not alter deadlines in the order or Texas Rules of Civil Procedure unless a court order entered after a good-cause motion provides otherwise.
Reset or continuance of the Initial Trial Setting will not alter any deadlines established in this Order or established by the Texas Rules of Civil Procedure, unless specifically provided by Order after Motion showing good cause.
Civil cases
Page 2 | BENCH TRIAL DISCOVERY CONTROL PLAN AND SCHEDULING ORDER - CIVIL
The court generally will not continue an agreed trial setting except in an emergency or for other good cause shown.
It is the policy of this Court not to grant a continuance of any trial setting when such date has been agreed to by the parties or attorneys, except in an emergency or for other good cause shown.
Civil cases
Page 2 | Bench Trial
The court ordinarily will not continue an agreed trial date unless an emergency or other good cause is shown.
It is the policy of this Court not to grant a continuance of any trial setting when such date has been agreed to by the parties or attorneys, except in an emergency or for other good cause shown.
Civil cases
Page 2 | Bench Trial
Failure to schedule or attend mediation before final trial does not support a continuance.
Failure to schedule mediation or attend mediation prior to final trial are not grounds for a continuance.
Civil cases
Page 5 | Mediation
The court generally will not continue an agreed trial setting except in an emergency or for other good cause shown.
It is the policy of this Court not to grant a continuance of any trial setting when such date has been agreed to by the parties or attorneys, except in an emergency or for other good cause shown.
Civil cases
Page 2 | Bench Trial
Chambers Communication Rules
When requesting ex parte relief by e-filing, the filer must call or email the court coordinator to notify the coordinator that action is requested.
If you file a motion requesting ex parte relief and submit your proposed order through e-filing, please call (972-548-5670) or email the court coordinator (470@co.collin.tx.us) to let her know that you want action taken on the request.
Civil cases
Page 4 | Ex Parte Relief – TROs, etc.
When requesting ex parte relief by e-filing, the filer must call or email the court coordinator to notify the coordinator that action is requested.
Request for ex parte relief will be decided on the pleadings and will be reviewed by submission. If you file a motion requesting ex parte relief and submit your proposed order through e-filing, please call (972-548-5670) or email the court coordinator (470@co.collin.tx.us) to let her know that you want action taken on the request.
Civil cases
Page 4 | Ex Parte Relief – TROs, etc.
Before trial, email the court coordinator to ensure that a required child interview is properly scheduled on the court calendar.
Contact the court coordinator at 470@co.collin.tx.us before your trial date to ensure the child interview is properly scheduled on the Court’s calendar.
Civil cases
Page 1 | Child Interview
After the Default Judgment checklist and documents required to be filed have been completed and filed, email the court coordinator to schedule the default.
Once it has been completed and filed, including filing documents required to be filed, email the court coordinator at 470@co.collin.tx.us to schedule your default.
Civil cases
Page 2 | Default Judgments
A party must appear at the in-person DWOP docket unless the court coordinator removes the case after the party follows the notice instructions.
The DWOP docket is held in person on the date/time stated in the notice. Every case is called. You must appear for the DWOP docket unless you have been removed from the DWOP docket by the court coordinator after following the instructions in the DWOP notice.
Civil cases
Page 3 | Dismissal for Want of Prosecution (DWOP)
A party with a fever-causing illness must not come to the courthouse and may request a remote Zoom appearance by emailing the court promptly after learning of the illness.
If you have tested positive for COVID-19, have the flu, strep throat, or any other illness causing fever, DO NOT come to the courthouse. You may request to appear remotely by Zoom. Contact the court at 470@co.collin.tx.us as soon as you know.
Civil cases
Page 4 | Illness
A request to seal a case must be coordinated with the court coordinator by email at 470@co.collin.tx.us to schedule the hearing.
If you are requesting to seal a case, please contact the court coordinator at 470@co.collin.tx.us to schedule the hearing.
Civil cases
Page 8 | Sealing Cases
To set a trial, email the court coordinator, obtain the court’s available dates, and work with the other side to agree on a date.
To set a trial, please email the court coordinator at 470@co.collin.tx.us. You will be provided with the Court’s available dates and should work with the other side to get an agreed date.
Civil cases
Page 9 | Settings — Trial
To set a hearing, email the court coordinator, obtain the court’s available dates, and work with the other side to agree on a date.
To set a hearing, please email the court coordinator at 470@co.collin.tx.us. You will be provided with the Court’s available dates and should work with the other side to get an agreed date.
Civil cases
Page 9 | Settings — Hearing
The court may call expert or professional witnesses out of order to accommodate their other duties and reduce litigants' costs.
The court will allow these witnesses to be called out of order to respect their other duties and reduce cost to the litigants.
Civil cases
Page 3 | Docket – Checking In and Calling Cases