Judge Kathryn L. Pruitt
Individual Rules, Standing Orders & Policies
Adjournments
- A continuance or reset of the initial trial setting does not change existing deadlines unless the parties agree under Rule 11 or the court orders a change after a good-cause motion.
- A continuance of the initial trial setting does not alter existing deadlines unless the parties agree under Rule 11 or the court orders a continuance after a motion showing good cause.
Request must include
Communication
Chambers
Document Format Requirements4 rules
All signatures are distinctive written signatures or DocuSign-style signatures, not “/s/ Typed Name;”
Exhibits must be in .pdf format and pre-marked and titled by Exhibit No. For example, save each exhibit as a separate pdf, and name each pdf as PEX1, PEX2, etc.
- File type
- Exhibits
All exhibits must be produced to the court reporter pre-marked for identification (for the purpose of stipulating to the authenticity and admissibility of exhibits).
- Exhibits
Formatting
- •Pre-mark all exhibits for identification before producing them to the court reporter
For a jury case, proposed jury charges (instructions, definitions, and questions) in hard copy and emailed in editable Word format to the Court Coordinator the day of trial.
- File type
- Word
- Jury instructions
Document Filing Requirements17 rules
Before you can schedule a hearing to finalize a default judgment, you must complete the Default Judgment Checklist on the 494th District Court’s website and file it with the Court.
There is an agreed decree signed by every party and attorney involved in the case;
At least one of the parties has completed the Affidavit for Prove-up of Agreed Divorce and filed the notarized document with the District Clerk;
The Appearances section of the decree indicates that the parties “did not appear” in person and that the making of a “record was waived”.
All adoptions and requests for name changes must be set by you for a prove- up hearing with the Court. You must have a proposed order e-Filed prior to your hearing date.
Please do not contact the Court to set a final hearing until you have e-Filed a proposed Order and you have verified that the Certificate of Criminal History Record Information has been completed in your case and is on file with the District Clerk.
An adult name-change petition must be verified and include a legible, complete set of the petitioner's fingerprints on an acceptable fingerprint card.
Court's wording
Texas Family Code §45.102(6) requires that a petition to change the name of an adult be verified and include “a legible and complete set of the petitioner’s fingerprints on a fingerprint card format acceptable to the Department of Public Safety and the Federal Bureau of Investigation.”
Designation of deposition testimony to be offered in direct examination.
All exhibits must be produced to the court reporter pre-marked for identification (for the purpose of stipulating to the authenticity and admissibility of exhibits).
For a jury case, proposed jury charges (instructions, definitions, and questions) in hard copy and emailed in editable Word format to the Court Coordinator on the day of trial.
The parties must exchange the listed pretrial materials no later than 14 days before trial and confer about them before the pretrial date.
Court's wording
Parties are further required to Time: _____ a.m. exchange (not later than 14 days before trial) and confer (before the date of pretrial) regarding all materials stated in Rule 166(e)-(m), including specifically, proposed jury charges, witness lists (including any agreements on necessity for/issuance of subpoenas), Date for exchange: exhibits lists (including conference on exhibits to be pre-admitted and exchange of demonstrative aids), and also designation of deposition testimony, and motions in limine.
Parties are required to comply with Rule 194.4 (pretrial disclosures must be made at least 30 days before trial).
Completed witness lists and exhibit lists.
Include
- •Exhibit list
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.
**Per Rule 191.2, all discovery motions or requests for hearing relating to discovery must Date: contain a certificate of conference**
- Document
- Discovery motion
Must include
- •Certificate of conference
**Per Rule 191.2, all discovery motions or requests for hearing relating to discovery must contain a certificate of conference
- Document
- Discovery motion
Must include
- •Certificate of conference
Your requests to the court should be made in a written motion.
Filing & Service rules
Electronic Filing Rules
When ready for a final hearing in a contested divorce, electronically file the applicable Family Bench or Civil Jury Trial Discovery Control Plan and Scheduling Order for the case's discovery level.
When you are ready to set your case for final hearing, please eFile the 494th Family Bench Trial Discovery Control Plan and Scheduling Order or the appropriate Civil Jury Trial Discovery Control Plan and Scheduling Order (Level 1 or 2) (Level 3) for the discovery level of your case, and the Court will set the matter on the next available date.
Page 2 | Divorce Cases — Contested Divorce Cases
Once all agreed-divorce conditions are met, electronically file the agreed decree signed by all parties and attorneys and email the court at 494@co.collin.tx.us that it is ready for review.
Once ALL of the above conditions have been met, please eFile the agreed decree signed by all parties and attorneys, and email 494@co.collin.tx.us to let the Court know that the decree is ready to be reviewed by the Court.
Page 2 | Divorce Cases — Agreed (Uncontested) Divorce Cases
A proposed order must be electronically filed before the hearing date in adoption and name-change cases.
All adoptions and requests for name changes must be set by you for a prove- up hearing with the Court. You must have a proposed order e-Filed prior to your hearing date.
Page 3 | Adoptions and Name Changes (Adult and Minors)
After the stated conditions are met, the signed agreed order must be electronically filed and the Court must be notified by email that it is ready for signature.
Once the above conditions have been met, please eFile the agreed order signed by all parties and attorneys, and email 494@co.collin.tx.us to let the Court know that the order is ready to be signed by the Court.
Page 3 | Suits Affecting Parent-Child Relationship and Modification Suits
To obtain a final-hearing date in a contested parent-child or modification suit, the applicable discovery control plan and scheduling order must be electronically filed.
When you are ready to set your case for final hearing, please eFile the 494th Family Bench Trial Discovery Control Plan and Scheduling Order or the appropriate Civil Jury Trial Discovery Control Plan and Scheduling Order (Level 1 or 2) (Level 3) for the discovery level of your case, and the Court will set the matter on the next available date.
Page 3 | Suits Affecting Parent-Child Relationship and Modification Suits
Filing Timing and Cure Windows
An agreed divorce prove-up by affidavit requires the petition for divorce to have been on file for more than 60 days.
1. The Petition for Divorce has been on file for more than 60 days.
Page 2 | Divorce Cases — Agreed (Uncontested) Divorce Cases
Summary-judgment motions must be filed, set, and heard at least 30 days before trial or they are waived unless the court grants leave.
All motions for summary judgment Initial Trial Setting motions must be filed, set for hearing, and heard at least thirty (30) days before trial or they are waived, absent leave of court.
Civil cases
Page 2 | Motions for Summary Judgment
A motion to compel discovery responses must be filed within 10 days after discovery closes or the complaint is waived, except for exclusion under Rule 193.6.
Any motion to compel responses to discovery days after must be filed no later than 10 (ten) days after the close of the discovery period or such discovery period complaint is waived, except for the sanction of exclusion under Rule 193.6.
Civil cases
Page 2 | Motions to Compel Discovery
Objections and motions to exclude or limit expert testimony must be filed at least 30 days before trial and heard by the pretrial conference or they are waived.
Any objection or motion to Initial Trial Setting exclude or limit expert testimony must be filed at least thirty (30) days before trial and heard at or before the pre-trial conference or it is waived.
Civil cases
Page 2 | Motions to Exclude Expert Testimony
A request for a Zoom appearance or hearing requires a motion filed at least three days before the hearing, excluding the hearing date, and an order signed by the court granting the request.
To request a Zoom appearance or hearing, you must file a timely motion (a minimum of three days prior to the hearing, not including the hearing date) and the court must sign an order granting such motion.
Page 1 | 494th District Court Rules for Remote Hearings, Including Appearance and Exhibits
An objection or motion to exclude or limit expert testimony must be filed at least 30 days before trial and heard at or before the pre-trial conference or it is waived; the deadline cannot be moved without leave of court.
Any objection or motion to Trial Setting exclude or limit expert testimony must be filed at least thirty (30) days before trial and heard Date: at or before the pre-trial conference or it is waived. **This deadline cannot be moved without leave of court**
Civil cases
Page 3 | MOTIONS TO EXCLUDE EXPERT TESTIMONY
Summary-judgment motions must be filed, set for hearing, and heard at least 30 days before trial or they are waived unless the court grants leave; the deadline cannot be moved without leave of court.
All motions for summary judgment Trial Setting motions must be filed, set for hearing, and heard at least thirty (30) days before trial or they Date: are waived, absent leave of court. **This deadline cannot be moved without leave of court**
Civil cases
Page 3 | MOTIONS FOR SUMMARY JUDGMENT
Service and Proof of Service Rules
Before finalizing a case, verify that either a signed and notarized respondent waiver of service has been filed or citation has been served with the return on file for at least 10 days and the answer date passed, or that the respondent has answered; service must comply with the Texas Rules of Civil Procedure.
To finalize any case, you must first verify that: 1. A signed and notarized Waiver of Service by the Respondent has been filed with the District Clerk; or 2. The respondent has been served with citation, the citation return has been on file at least 10 days and respondent’s answer date has passed, or any time after respondent has filed an answer. (Service must be accomplished in compliance with the Texas Rules of Civil Procedure).
Page 1 | To finalize any case
The party seeking a final hearing must ensure that all opposing parties or attorneys receive timely notice of the trial setting in compliance with the Texas Rules of Civil Procedure.
It is your responsibility to ensure that all opposing parties or attorneys have received timely notice of the trial setting pursuant to and in compliance with the Texas Rules of Civil Procedure.
Page 2 | Divorce Cases — Contested Divorce Cases
The filing party is responsible for ensuring that all opposing parties or attorneys receive timely notice of the trial setting in compliance with the Texas Rules of Civil Procedure.
It is your responsibility to ensure that all opposing parties or attorneys have received timely notice of the trial setting pursuant to and in compliance with the Texas Rules of Civil Procedure.
Page 3 | Suits Affecting Parent-Child Relationship and Modification Suits
Every pleading filed with the court must be sent to the opposing attorney or, if that party is unrepresented, to the opposing party.
You must send a copy of every pleading you file with the court to the opposing attorney, or party (if they do not have an attorney).
Page 2 | GENERAL INFORMATION FOR SELF-REPRESENTED (PRO SE) LITIGANTS IN CIVIL CASES
Exhibits intended for a remote hearing must be emailed to all parties, the 494th Court, and the official reporter by noon on the day before the hearing.
If you intend to offer any exhibits during the Remote Hearing, please email them to all parties, the 494th Court’s email (494@co.collin.tx.us) and the court’s official reporter, Coral Wahlen (cwahlen@co.collin.tx.us), by noon the day before the hearing.
Page 1 | Requirements for Using Exhibits at the Remote Hearing
Adjournment & Extension Requirements
A continuance of the initial trial setting does not alter existing deadlines unless the parties agree under Rule 11 or the court orders a continuance after a motion showing good cause.
Reset or continuance of the Initial Trial Setting will not alter any deadline established by this Order or established by the Texas Rules of Civil Procedure, unless specifically provided by Rule 11 of the parties or Court order after motion showing good cause.
Civil cases
Page 1 | Trial Setting
A continuance or reset of the initial trial setting does not change existing deadlines unless the parties agree under Rule 11 or the court orders a change after a good-cause motion.
Reset or continuance of the Initial Trial Setting will not alter any deadline established by this Order or established by the Texas Rules of Civil Procedure, unless specifically provided by Rule 11 of the parties or Court order after motion showing good cause.
Civil cases
Page 1 | Trial Setting
Chambers Communication Rules
After filing the completed Default Judgment Checklist, email the court at 494@co.collin.tx.us to schedule the default trial.
Once it has been completed and filed, email 494@co.collin.tx.us to schedule your default trial.
Page 1 | Default Judgments
Email 494@co.collin.tx.us after e-filing the agreed divorce decree to notify the court that the decree is ready for review.
Once ALL of the above conditions have been met, please eFile the agreed decree signed by all parties and attorneys, and email 494@co.collin.tx.us to let the Court know that the decree is ready to be reviewed by the Court.
Page 2 | Divorce Cases — Agreed (Uncontested) Divorce Cases
Private ex parte communication with the judge by phone or voicemail is prohibited and will not be considered, although formal pleadings, motions, and requests for relief filed with the clerk are permitted.
You may communicate with the judge if all parties and their attorneys (if they are represented) are present. Do not attempt to communicate privately with the judge. The term “communication” includes contact by means of phone calls, letters, voice mail messages, faxes, e-mail messages, and direct conversations. Any such unilateral contact is called “ex parte” communication and the judge will not consider it or any information or argument offered in such a manner for any purpose. The court will return an ex parte communication to you unread and/or notify the other side of the communication. Prohibited communications do not include formal pleadings, motions, and request for relief filed with the clerk.
Page 2 | GENERAL INFORMATION FOR SELF-REPRESENTED (PRO SE) LITIGANTS IN CIVIL CASES
If a contested divorce case has not been set for final hearing within one week after submission, email 494@co.collin.tx.us to verify receipt of the scheduling order.
If your case has not been set for final hearing within 1 week from submission please e-mail 494@co.collin.tx.us to verify the scheduling order was received.
Page 2 | Divorce Cases — Contested Divorce Cases
If the contested case has not been set for final hearing within one week after submission, contact the listed email address to verify receipt of the scheduling order.
If your case has not been set for final hearing within 1 week from submission please contact 494@co.collin.tx.us to verify the scheduling order was received.
Page 3 | Suits Affecting Parent-Child Relationship and Modification Suits
The Court must be notified by email after the agreed order has been electronically filed and is ready for the Court's signature.
Once the above conditions have been met, please eFile the agreed order signed by all parties and attorneys, and email 494@co.collin.tx.us to let the Court know that the order is ready to be signed by the Court.
Page 3 | Suits Affecting Parent-Child Relationship and Modification Suits
To request scheduling of an adoption or name-change matter for a final hearing, email the Court's listed address and Court Staff will set the next available date.
When you are ready to set your case for final hearing, please email 494@co.collin.tx.us, and Court Staff will set the matter on the next available date.
Page 3 | Adoptions and Name Changes (Adult and Minors)