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Court Rules
Judge

Judge Brian K. Gary

Individual Rules, Standing Orders & Policies

Rules last changed:
Grayson County District Courts

Limits & Logistics

Courtesy Copies

Filings > 25 pages

Ex Parte Motion

Court-wide

Adjournments

3Business Daysnotice
  • A continuance of a final hearing or trial will not be granted unless a proper motion is filed more than three business days before the scheduled hearing.

Communication

Email

Clerk

397@co.grayson.tx.us
Email

Clerk

trusty@co.grayson.tx.us
Cases:
Filters:

Document Format Requirements4 rules

FormattingImportantCivil cases

The documents must be in .pdf format.

File type
PDF
FormattingImportantCivil cases

Video or audio exhibits should be submitted by flash drive, and the party offering the exhibit should be able to play the exhibit from their own device.

FormattingNoteCivil cases

A. All motions filed with the Court that are Agreed or Unopposed should be styled as such and include a certificate from the filing attorney that the motion is agreed or unopposed.

Applies to
  • Motion

Formatting

  • Style an agreed or unopposed motion as such
LOCAL RULES 397TH SPECIFIC · p. 1
|SectionCERTIFICATES OF CONFERENCE
FormattingNoteCivil cases

It is recommended that each party file this inventory in a form substantially similar to Form 5-1 of the Texas Family Law Practice Manual published by the State Bar

LOCAL RULES 397TH SPECIFIC · p. 2
|SectionInventory and Appraisement Required

Document Filing Requirements48 rules

Filing RequirementsMandatoryCivil cases

If a party desires relief from or modification of the Court’s Standing Family Law Order, that party must file a motion with the Court setting out specifically the grounds for the requested relief.

FAMILY LAW PROCEEDINGS 397th · p. 1
|Section1.1. TEMPORARY RESTRAINING ORDERS
Filing RequirementsMandatoryCivil cases

No hearing will be granted on such motion unless the requesting party files a Certificate of Conference indicating agreement could not be reached on the specific grounds mentioned in the motion.

FAMILY LAW PROCEEDINGS 397th · p. 1
|Section1.1. TEMPORARY RESTRAINING ORDERS
Filing RequirementsMandatoryCivil cases

The order is accompanied by a letter that notifies the opposing counsel/party of their right to object to the order within ten days of the date that the letter was mailed;

FAMILY LAW PROCEEDINGS 397th · p. 3
|SectionF. Signing Temporary Orders
Filing RequirementsMandatoryCivil cases

Orders may be signed by the Court without the necessity of a hearing under the following circumstances:

FAMILY LAW PROCEEDINGS 397th · p. 3
|SectionF. Signing Temporary Orders
Filing RequirementsMandatoryCivil cases

After each party's sworn inventory and appraisement has been filed, the parties shall file a composite inventory and appraisement in a form substantially similar to the one available from the Coordinator of the 397th District Court.

FAMILY LAW PROCEEDINGS 397th · p. 4
|SectionE. Inventory and Appraisement - 2. Composite Inventory and Appraisement
Filing RequirementsMandatoryCivil cases

When property or debts are at issue, each party must file a sworn inventory and appraisement of all separate and community property and all debts and liabilities at least 30 days before trial or the final hearing.

Court's wording

In all cases in which the character, value or division of property or debts is in issue, each party shall file, not less than thirty (30) days prior to trial or the final hearing, a sworn inventory and appraisement of all of the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.

FAMILY LAW PROCEEDINGS 397th · p. 4
|SectionE. Inventory and Appraisement - 1. Inventory and Appraisement Required
Filing RequirementsMandatoryCivil cases

If both parties are in agreement to the terms of the divorce, a proposed Final Decree of Divorce may be submitted with both parties *notarized signatures*.

Uncontested-Dicvorce-ProveUp · p. 1
|SectionUncontested Divorce Prove-Up by Submission Instructions
Filing RequirementsMandatoryCivil cases

If the Respondent filed a General Waiver (different than a Specific Waiver regarding service) waiving the right to be notified of a hearing, you will need to submit a completed proposed Final Decree of Divorce with your *notarized signature*.

Uncontested-Dicvorce-ProveUp · p. 1
|SectionUncontested Divorce Prove-Up by Submission Instructions
Filing RequirementsMandatoryCivil cases

Proposed Final Decrees of Divorce must be completed by the parties. The Court does not provide or complete the decrees.

Uncontested-Dicvorce-ProveUp · p. 1
|SectionUncontested Divorce Prove-Up by Submission Instructions
Filing RequirementsMandatoryCivil cases

An original and at least 2 additional copies of the proposed Final Decree of Divorce need to be submitted.

Uncontested-Dicvorce-ProveUp · p. 1
|SectionUncontested Divorce Prove-Up by Submission Instructions
Filing RequirementsMandatoryCivil cases

With the exception of dispositive motions, no hearing will be set by the Court unless the motion contains a Certificate of Conference indicating that the parties have conferred in good faith and agreement could not be reached.

LOCAL RULES 397TH SPECIFIC · p. 1
|SectionCERTIFICATES OF CONFERENCE
Filing RequirementsMandatoryCivil cases

Certificates of conference will contain detailed information about attempts to confer. It will not be acceptable for a simple conclusory statement to be provided that an attempt to confer was made. The Court reserves the right to refuse a hearing if an adequate attempt to confer was not made.

LOCAL RULES 397TH SPECIFIC · p. 1
|SectionCERTIFICATES OF CONFERENCE
Filing RequirementsMandatoryCivil cases

A party opposing entry of a proposed order must file written objections within 10 days after submission, failing which the Court will treat the order as unopposed and sign it.

Court's wording

Accordingly, anyone opposing the entry of orders submitted to the Court must file written objections to the proposed orders. If written objections are not filed within 10 days of submission of the proposed orders, the Court will assume there are no objections and will sign the proposed orders.

LOCAL RULES 397TH SPECIFIC · p. 1
|SectionENTRY OF ORDERS
Filing RequirementsMandatoryCivil cases

If a party desires relief from or modification of the Court's Standing Family Law Order, that party must file a motion with the Court setting out specifically the grounds for the requested relief.

LOCAL RULES 397TH SPECIFIC · p. 2
|SectionTEMPORARY RESTRAINING ORDERS – Application Without Supporting Affidavit
Filing RequirementsMandatoryCivil cases

In all cases in which the character, value or division of property or debts is in issue, each party shall file, an inventory and appraisement consistent with the guidelines of the Local Rules of Court of the District Courts and the County Courts at Law of Grayson County.

LOCAL RULES 397TH SPECIFIC · p. 2
|SectionInventory and Appraisement Required
Filing RequirementsMandatoryCivil cases

No hearing will be granted on such motion unless the requesting party files a Certificate of Conference indicating agreement could not be reached on the specific grounds mentioned in the motion.

LOCAL RULES 397TH SPECIFIC · p. 2
|SectionTEMPORARY RESTRAINING ORDERS – Application Without Supporting Affidavit
Filing RequirementsMandatoryCivil cases

After each party's sworn inventory and appraisement has been filed, the parties shall file a composite inventory and appraisement in a form substantially similar to the one available from the Coordinator of the 397th District Court.

LOCAL RULES 397TH SPECIFIC · p. 3
|SectionE. Composite Inventory and Appraisement
Filing RequirementsMandatoryCivil cases

The Petitioner shall initiate the composite inventory and forward it to the Respondent for completion not less than fourteen (14) days prior to trial or final hearing.

LOCAL RULES 397TH SPECIFIC · p. 3
|SectionE. Composite Inventory and Appraisement
Filing RequirementsMandatory

If any party wishes to exercise their right to a jury trial, that party must file a written jury request and pay the jury fee prior to the entry of this Order.

Sch Order family law · p. 1
|SectionScheduling Order and Discovery Control Plan in Family Law Proceeding
Filing RequirementsMandatory

Each party shall present their proposed parenting plan to the Judge prior to trial.

Sch Order family law · p. 2
|SectionScheduling Order and Discovery Control Plan in Family Law Proceeding
Filing RequirementsMandatory

In contested conservatorship cases, each party shall serve the other party with a proposed parenting plan.

Sch Order family law · p. 2
|SectionScheduling Order and Discovery Control Plan in Family Law Proceeding
Filing RequirementsMandatory

the parties shall file a composite inventory and appraisement in a form substantially similar to the one available from the Coordinator of the 397th District Court.

Sch Order family law · p. 2
|SectionScheduling Order and Discovery Control Plan in Family Law Proceeding
Filing RequirementsMandatory

In contested conservatorship cases, each party must attend the approved course and file proof of attendance within 30 days after the order.

Court's wording

In contested conservatorship cases, each party shall attend an approved parent education and family stabilization course and file proof of attendance within 30 days from the date of this order in accordance with Amended Standing Order 2007-1.

Sch Order family law · p. 2
|SectionScheduling Order and Discovery Control Plan in Family Law Proceeding
Filing RequirementsMandatory

When property or debts are at issue, each party must file a sworn inventory and appraisement at least 30 days before the applicable hearing or trial.

Court's wording

In all cases in which the character, value or division of property or debts is in issue, each party shall file, not less than 30 days prior to the pretrial hearing in jury trials, and at least 30 days before the trial date in bench trials, a sworn inventory and appraisement of all of the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.

Sch Order family law · p. 2
|SectionScheduling Order and Discovery Control Plan in Family Law Proceeding
Filing RequirementsMandatory

A list including each expert's name, address, the subject matter of the expert’s testimony, and the opinions to be offered must be filed by this date unless modified by Rule 11 agreement.

Sch Order family law · p. 3
|SectionEXPERT WITNESS DESIGNATION
Filing RequirementsMandatory

The challenge to the expert must specify every aspect of the expert or the opinion or the basis for the opinion that is being challenged; failure to do so is a waiver of that challenge.

Sch Order family law · p. 3
|SectionEXPERT WITNESS CHALLENGES
Filing RequirementsMandatory

Affidavits, deposition excerpts and all evidence for the prima facie challenge to an expert or expert testimony must be filed with the challenge.

Sch Order family law · p. 3
|SectionEXPERT WITNESS CHALLENGES
Filing RequirementsMandatoryCivil cases

The petitioner in a divorce case or SAPCR shall attach a copy of this Order to the original petition filed in the case and each copy of the petition.

Grayson County Standing Orders Family Law february 1 2025 · Feb 2025 · p. 1
|Section1.4 Petitioner Must Attach Copy of this Order to Petition
Filing RequirementsMandatoryCivil cases

At the time the petition is filed, if the petitioner has not attached a copy of this Order to the petition, the District Clerk shall ensure that a copy of this Order is attached to the petition and every copy of the petition presented.

Grayson County Standing Orders Family Law february 1 2025 · Feb 2025 · p. 1
|Section1.4 Petitioner Must Attach Copy of this Order to Petition
Filing RequirementsMandatoryCivil cases

the materials stated in Rule 166(d)-(m);

SCH-Order3 · p. 3
|SectionUNIFORM SCHEDULING ORDER (LEVEL 3)
Filing RequirementsMandatoryCivil cases

By 4 p.m. on the Tuesday preceding the Pretrial Conference, the parties shall file with the Court:

SCH-Order3 · p. 3
|SectionUNIFORM SCHEDULING ORDER (LEVEL 3)
Filing RequirementsMandatoryCivil cases

A petitioner's signed and notarized composite inventory must state under oath that it fully and completely lists community property with values, separate property with values, and claimed debts.

Court's wording

I, Petitioner in the above-styled and numbered cause, state- on oath that, to the best of my knowledge and belief, the foregoing composite inventory contains: (1) a full and complete list of all properties in my posse-ssion or subject to my control that I claim belong to the community estate of myself and my spouse, with the values thereof; (2) a full and complete list of all properties in my possession or subject to my control that I claim or admit as my or my spouse's separate property and estate, with the values thereof; (3) a full and complete list of the debts claimed by me or my spouse. SIGNED on the _ _ _ day of _ _ _ _ _ _ _ __ PETITIONER SIGNED under oath before me on the _day of _ _ _ _ _ , . NOTARY PUBLIC, State of Texas

family law financial · p. 5
|SectionCOMPOSITE INVENTORY
Filing RequirementsMandatoryCivil cases

A respondent's signed and notarized composite inventory must state under oath that it fully and completely lists community property with values, separate property with values, and claimed debts.

Court's wording

I, Respondent in the above-styled and numbered cause, state on oath that, to the best of my knowledge and belief, the foregoing composite inventory contains: (1) a full and complete list of all properties in my possession or subject to my control that I claim belong to the community estate of myself and my spouse, with the values thereof; (2) a full and complete list of all properties in my possession or subject to my control that I claim or admit as my or my spouse's separate property and estate, with the values thereof; (3) a full and complete list of the debts claimed by me or my spouse. SIGNED on the _ _ _ _ day of _ _ _ _ _ __ RESPONDENT NOTARY PUBLIC, State of Texas

family law financial · p. 6
|SectionCOMPOSITE INVENTORY
Filing RequirementsMandatoryCivil cases

INSERT CAPTION OF CASE

Placement
Caption
Filing RequirementsMandatoryCivil cases

I hereby certify this Notice of Hearing was served in accordance with the Texas Rules of Civil Procedure (or identify other method of service) on

Sample of Notice of Remote Hearing · p. 1
|SectionCertificate of Service
Filing RequirementsImportantCivil cases

Copies of that party's federal income tax returns for the two calendar years prior to the temporary hearing.

FAMILY LAW PROCEEDINGS 397th · p. 2
|SectionE. Documents Required
Filing RequirementsImportantCivil cases

All payroll statements, pay stubs, W2 forms, and 1099 forms which evidence that party's earnings for the calendar year prior to the temporary hearing and from January 1 of the current year through the date of the temporary hearing.

FAMILY LAW PROCEEDINGS 397th · p. 2
|SectionE. Documents Required
Filing RequirementsImportantCivil cases

Copies of any financial statements filed by that party with any financial institution in the two years prior to the hearing.

FAMILY LAW PROCEEDINGS 397th · p. 2
|SectionE. Documents Required
Filing RequirementsImportantCivil cases

All checking account statements, including all canceled checks, deposit slips and check registers, all savings account statements, including all deposit and withdrawal slips, to or from which that party has made any deposits or withdrawals during the two years prior to the temporary hearing.

FAMILY LAW PROCEEDINGS 397th · p. 2
|SectionE. Documents Required
Filing RequirementsImportantCivil cases

In all cases in which temporary support of a spouse and /or the child is in issue, each party shall be required to furnish: a. a statement of monthly income and expenses in a form substantially similar to that attached to these rules as Appendix 1.

FAMILY LAW PROCEEDINGS 397th · p. 2
|SectionE. Documents Required
Filing RequirementsImportantCivil cases

Any notice of hearing should specify that the hearing will be by Zoom, and include the Zoom link for the hearing.

Filing RequirementsImportant

The attorney or party filing the challenge is obligated to obtain a timely setting through the court coordinator.

Sch Order family law · p. 3
|SectionEXPERT WITNESS CHALLENGES
Filing RequirementsImportantCivil cases

an estimate of the length of trial;

Include

  • An estimate of the length of trial
SCH-Order3 · p. 3
|SectionUNIFORM SCHEDULING ORDER (LEVEL 3)
Filing RequirementsImportantCivil cases

designation of deposition testimony to be offered in direct examination;

SCH-Order3 · p. 3
|SectionUNIFORM SCHEDULING ORDER (LEVEL 3)
Filing RequirementsImportantCivil cases

any motions in limine.

Document
Motion in limine

Include

  • Any motions in limine
SCH-Order3 · p. 3
|SectionUNIFORM SCHEDULING ORDER (LEVEL 3)
Filing RequirementsImportantCivil cases

list of exhibits expected to be offered at trial; and

Include

  • Exhibit list
SCH-Order3 · p. 3
|SectionUNIFORM SCHEDULING ORDER (LEVEL 3)
Filing RequirementsNoteCivil cases

Parties are recommended, but not required, to use a form substantially similar to Form 5-1 of the Texas Family Law Practice Manual or the form available from the court coordinator.

Court's wording

It is recommended that each party file this inventory in a form substantially similar to Form 5-1 of the Texas Family Law Practice Manual published by the State Bar of Texas, or in a form substantially similar to the one available from the Coordinator of the 397th District Court.

FAMILY LAW PROCEEDINGS 397th · p. 4
|SectionE. Inventory and Appraisement - 1. Inventory and Appraisement Required
Filing RequirementsNoteCivil cases

A. All motions filed with the Court that are Agreed or Unopposed should be styled as such and include a certificate from the filing attorney that the motion is agreed or unopposed.

LOCAL RULES 397TH SPECIFIC · p. 1
|SectionCERTIFICATES OF CONFERENCE

Filing & Service rules

Filing Timing and Cure Windows

Expert-qualification and reliability objections must be filed no later than 30 days before the Initial Trial Setting, and the deadline cannot be moved without leave of court.

Any objection or motion to exclude or limit expert testimony due to qualification of the expert or reliability of the opinions must be filed no later than thirty (30) days before the Initial Trial Setting, or such objection is waived. This deadline cannot be moved without leave of Court.

Civil cases

Page 1 | UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)

Amended pleadings asserting new claims or defenses are due 30 days before discovery ends, while other amended pleadings are due 7 days after discovery ends.

Any amended pleadings asserting new causes of action or affirmative defenses must be filed no later than thirty (30) days before the end of the discovery period, and any other amended pleadings must be filed no later than seven (7) days after the end of the discovery period.

Civil cases

Page 1 | UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)

A motion to compel responses to discovery generally must be filed within 7 days after discovery closes, subject to the stated exception for exclusion sanctions under Rule 193.6.

Any motion to compel responses to discovery (other than relating to factual matters arising after the end of the discovery period) must be filed no later than seven (7) days after the close of the discovery period or such complaint is waived, except for the sanction of exclusion under Rule 193.6.

Civil cases

Page 1 | UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)

Additional parties generally may not be joined more than 5 months after the case begins unless leave is granted for good cause.

No additional parties may be joined more than five (5) months after the commencement of this case except on motion for leave showing good cause.

Civil cases

Page 2 | UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)

The parties must file the listed pretrial materials with the court by 4 p.m. on the Tuesday before the Pretrial Conference.

By 4 p.m. on the Tuesday before the Pretrial Conference, the parties shall file with the Court:

Civil cases

Page 2 | UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)

A party who completes the course must file a certificate of completion within 30 days after completion or by the next court appearance, whichever occurs sooner.

Each party completing the course shall file a certificate of completion with the court within thirty (30) days of completion of the course, or at the time of that party’s next court appearance, whichever is sooner.

Civil cases

Page 5 | D. Verification of Attendance

The Court will not consider untimely exhibits, and the court reporter will not place them in the record when the stated requirements are not met.

The Court cannot consider exhibits not provided to the Court in a timely manner. If these requirements are not met the court reporter will not maintain these documents in the record.

Civil cases

Page 1 | PROCEDURES FOR LITIGANTS

All discovery must be completed by the discovery deadline in the order.

All discovery must be completed by this date.

Page 1 | Scheduling Order and Discovery Control Plan in Family Law Proceeding

The pretrial hearing must be scheduled at least 10 days before trial.

This date must be at least 10 days prior to the trial date.

Page 1 | Scheduling Order and Discovery Control Plan in Family Law Proceeding

All pleading amendments and supplements must be filed by the scheduled pleading-amendment deadline, unless modified by Rule 11 agreement.

All amendments and supplements to pleadings must be filed by this date unless modified by Rule 11 agreement.

Page 1 | Scheduling Order and Discovery Control Plan in Family Law Proceeding

Mediation must occur at least 30 days before trial.

This date must be at least 30 days prior to the trial date.

Page 1 | Scheduling Order and Discovery Control Plan in Family Law Proceeding

The petitioner must initiate and forward the composite inventory to the respondent at least 14 days before the applicable hearing.

The Petitioner shall initiate the composite inventory and forward it to the Respondent for completion not less than fourteen (14) days prior to the pretrial hearing in jury trials, or the final hearing in bench trials.

Page 2 | Scheduling Order and Discovery Control Plan in Family Law Proceeding

Proof of parent-education attendance must be filed within 30 days after the date of the order.

file proof of attendance within 30 days from the date of this order

Page 2 | Scheduling Order and Discovery Control Plan in Family Law Proceeding

The respondent must complete and file the composite inventory and serve the petitioner at least seven days before the applicable hearing.

The Respondent shall complete and file the composite inventory with the Court and serve a copy of the same on the Petitioner not less than seven (7) days prior to the pretrial hearing in jury trials, or the final hearing in bench trials.

Page 2 | Scheduling Order and Discovery Control Plan in Family Law Proceeding

Expert challenges must be timely, properly filed, and heard by the pretrial hearing in jury trials or at least 10 days before trial in bench trials.

Any challenges to experts or expert testimony must be timely and properly filed and heard no later than the pretrial hearing in jury trials, and at least 10 days before the trial in bench trials.

Page 3 | EXPERT WITNESS CHALLENGES

Other amended pleadings are due 45 days before the Initial Trial Setting.

Other amended pleadings 45 days before the Initial Trial Setting

Civil cases

Page 1 | UNIFORM SCHEDULING ORDER (LEVEL 3)

Rebuttal experts must be designated and their reports provided 60 days before the Initial Trial Setting.

Designation of rebuttal experts & provide reports 60 days before the Initial Trial Setting

Civil cases

Page 1 | UNIFORM SCHEDULING ORDER (LEVEL 3)

The case is set for jury or nonjury trial at 9:00 a.m. on the stated Initial Trial Setting date.

This case will be ready and is set for Jury/Non Jury trial on ________________________ at 9:00 a.m. (the "Initial Trial Setting").

Civil cases

Page 1 | UNIFORM SCHEDULING ORDER (LEVEL 3)

Discovery must close 45 days before the Initial Trial Setting.

Discovery closes 45 days before the Initial Trial Setting

Civil cases

Page 1 | UNIFORM SCHEDULING ORDER (LEVEL 3)

Amended pleadings asserting new causes of action or defenses are due 120 days before the Initial Trial Setting.

Amended pleadings asserting new causes of action or defenses 120 days before the Initial Trial Setting

Civil cases

Page 1 | UNIFORM SCHEDULING ORDER (LEVEL 3)

A party seeking affirmative relief must designate experts and provide their reports 105 days before the Initial Trial Setting.

Party seeking affirmative relief to designate experts & provide reports 105 days before the Initial Trial Setting

Civil cases

Page 1 | UNIFORM SCHEDULING ORDER (LEVEL 3)

A party opposing affirmative relief must designate experts and provide their reports 75 days before the Initial Trial Setting.

Party opposing affirmative relief to designate experts & provide reports 75 days before the Initial Trial Setting

Civil cases

Page 1 | UNIFORM SCHEDULING ORDER (LEVEL 3)

Unless the court grants leave, dispositive motions must be heard no later than 30 days before trial.

Except on leave of court, dispositive motions must be heard no later than thirty (30) days before trial.

Civil cases

Page 2 | UNIFORM SCHEDULING ORDER (LEVEL 3)

The court will not consider a dispositive-motion request that does not provide proper notice and time for a response, and parties cannot move the deadline without court approval.

Any motion that does not allow for proper notice of for a response to be filed shall not be considered by the Court. **This deadline cannot be moved by the parties without approval of the Court.**

Civil cases

Page 2 | UNIFORM SCHEDULING ORDER (LEVEL 3)

A motion compelling responses to discovery generally must be filed within seven days after fact discovery closes or the complaint is waived, subject to the stated exceptions.

Any motion to compel responses to discovery (other than relating to factual matters arising after the end of fact discovery) must be filed no later than seven (7) days after the close of fact discovery or such complaint is waived, except for the sanction of exclusion under Rule 193.6

Civil cases

Page 2 | UNIFORM SCHEDULING ORDER (LEVEL 3)

An objection or motion challenging expert qualification or opinion reliability must be filed at least 40 days before trial, and that deadline may not be moved without leave of court.

Any objection or motion to exclude or limit expert testimony due to qualification of the expert or reliability of the opinions must be filed no later than forty (40) days prior to the Initial Trial Setting. **This deadline cannot be moved without leave of Court.**

Civil cases

Page 2 | UNIFORM SCHEDULING ORDER (LEVEL 3)

The parties must complete mediation no later than 30 days before the Initial Trial Setting unless the court orders otherwise.

The parties shall mediate this case no later than thirty (30) days before the Initial Trial Setting, unless otherwise provided by court order.

Civil cases

Page 2 | UNIFORM SCHEDULING ORDER (LEVEL 3)

Unless the court grants leave, a hearing on an expert-qualification or reliability objection or motion must occur no later than the Pretrial Conference.

Except on leave of court, any hearings over any such motion or objection must be conducted no later than the Pretrial Conference.

Civil cases

Page 2 | UNIFORM SCHEDULING ORDER (LEVEL 3)

Responsive amended pleadings may be filed late if filed within 2 weeks after the timely pleading they respond to.

Amended pleadings responsive to timely filed pleadings under this schedule may be filed after the deadline for amended pleadings if filed within two (2) weeks after the pleading to which they respond.

Civil cases

Page 1 | UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)

For a temporary restraining order application supported by an appropriate affidavit, the Court will set a hearing within 14 days.

Upon application for a temporary restraining order supported by appropriate affidavit, the Court will set a hearing within 14 days.

Civil cases

Page 1 | 1.1. TEMPORARY RESTRAINING ORDERS

Expert designation deadlines must be spaced 30 days apart unless the parties agree otherwise.

Designation dates shall be spaced 30 days apart unless otherwise agreed by the parties.

Page 3 | EXPERT WITNESS DESIGNATION

Responsive amended pleadings may be filed late if submitted within two weeks after the timely pleading they respond to.

Amended pleadings responsive to timely filed pleadings under this schedule may be filed after the deadline for amended pleadings if filed within two (2) weeks after the pleading to which they respond.

Civil cases

Page 1 | UNIFORM SCHEDULING ORDER (LEVEL 3)

Service and Proof of Service Rules

A party joining an additional party must serve the new party with a copy of the scheduling order concurrently with the pleading joining the party.

The party joining an additional party shall serve a copy of this Order on the new party concurrently with the pleading joining that party.

Civil cases

Page 2 | UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)

Plaintiff or plaintiff's counsel must serve the Scheduling Order on every currently named defendant that answers after the order's date.

Plaintiff/Plaintiff's counsel shall serve a copy of this Order on any currently named defendant(s) answering after this date.

Civil cases

Page 3 | UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)

A responsive temporary-order application and notice of its hearing must be served on the adverse party in accordance with Texas Rules of Civil Procedure 5 and 21a.

An application to the Court for a temporary order and notice of any hearing thereon which is presented by a party responding to an application for temporary orders in which that party is seeking affirmative relief shall be served on the adverse party in accordance with Rule 5 and Rule 21a of the Texas Rules of Civil Procedure, as amended.

Civil cases

Page 2 | B. Notice Required When Responding Party Seeking Affirmative Relief

the submitting attorney certifies the order and letter were sent to the opposing counsel via eFile, or to the opposing party at their last known address or email address if there is previous correspondence with the opposing party via that email; and

the submitting attorney certifies the order and letter were sent to the opposing counsel via eFile, or to the opposing party at their last known address or email address if there is previous correspondence with the opposing party via that email; and

Civil cases

Page 3 | F. Signing Temporary Orders

The Petitioner must start the composite inventory and send it to the Respondent to complete at least fourteen (14) days before trial or final hearing.

The Petitioner shall initiate the composite inventory and forward it to the Respondent for completion not less than fourteen (14) days prior to trial or final hearing.

Civil cases

Page 4 | E. Inventory and Appraisement - 2. Composite Inventory and Appraisement

The Respondent shall complete and file the composite inventory with the Court and serve a copy of the same on the Petitioner not less than seven (7) days prior to trial or final hearing.

The Respondent shall complete and file the composite inventory with the Court and serve a copy of the same on the Petitioner not less than seven (7) days prior to trial or final hearing.

Civil cases

Page 4 | E. Inventory and Appraisement - 2. Composite Inventory and Appraisement

Exhibits expected at a hearing must be emailed to all parties and the court reporter no later than noon on the preceding day.

Any exhibits expected to be offered during a hearing will need to be emailed to all parties and the court reporter (thomasp@co.grayson.tx.us) no later than 12:00 p.m. the day before the hearing.

Civil cases

Page 1 | PROCEDURES FOR LITIGANTS

The respondent must complete and file the composite inventory with the court and serve a copy on the petitioner at least 7 days before trial or the final hearing.

The Respondent shall complete and file the composite inventory with the Court and serve a copy of the same on the Petitioner not less than seven (7) days prior to trial or final hearing.

Civil cases

Page 3 | E. Composite Inventory and Appraisement

Discovery must be served early enough for the other party to respond timely before the discovery deadline.

Discovery must be served promptly enough to permit timely response by the other party (per TRCP) no later than this deadline.

Page 1 | Scheduling Order and Discovery Control Plan in Family Law Proceeding

A party joining an additional party must serve the scheduling order on the new party at the same time it files the joining pleading.

The party joining an additional party shall serve a copy of this Order on the new party concurrently with the pleading joining that party.

Civil cases

Page 2 | UNIFORM SCHEDULING ORDER (LEVEL 3)

Plaintiff's counsel must serve a copy of the scheduling order on currently named defendants who answer after the order's date.

Plaintiff/Plaintiff's counsel shall serve a copy of this order on any currently named defendants answering after the date of this order.

Civil cases

Page 3 | UNIFORM SCHEDULING ORDER (LEVEL 3)

Filing Fees and Waivers

A party seeking a jury trial must pay the jury fee before entry of the scheduling order.

If any party wishes to exercise their right to a jury trial, that party must file a written jury request and pay the jury fee prior to the entry of this Order.

Page 1 | Scheduling Order and Discovery Control Plan in Family Law Proceeding

Courtesy Copy Requirements

A courtesy copy of the exhibits must be provided to the Court when the exhibits exceed 25 pages.

If the exhibits are more than 25 pages, a courtesy copy must be provided to the Court.

Civil cases

Page 1 | PROCEDURES FOR LITIGANTS

Adjournment & Extension Requirements

A party seeking removal from a criminal trial docket must file and obtain a ruling on a continuance motion before the pre-trial hearing; otherwise, the case remains on the docket and may be called to trial.

To be removed from a criminal trial setting, a party must file a motion for continuance before the pre-trial hearing and obtain a ruling on that motion to be removed from the trial docket. If a continuance is not filed and heard in a timely manner, that case will remain on the docket and is subject to being called to trial.

Criminal cases

Page 1 | Continuances in Criminal Cases

A temporary-orders hearing that the Court has set and announced may not be continued without a proper motion for continuance.

Once a hearing has been set and announced by the Court, it may not be continued unless a proper motion for continuance has been filed.

Civil cases

Page 1 | 1.2. TEMPORARY HEARINGS

A continuance of a final hearing or trial will not be granted unless a proper motion is filed more than three business days before the scheduled hearing.

No continuance of a final hearing or trial shall be granted unless a proper motion has been filed more than three (3) business days before the date set for final hearing.

Civil cases

Page 3 | 1.3 FINAL HEARINGS/TRIALS - A. Scheduling

Counsel must give the Court prior notice of a potentially conflicting setting and, when appropriate, file a continuance motion.

All settings for which counsel may have a conflict require prior notice to the Court, and when appropriate, a motion for continuance.

Civil cases

Page 1 | CONFLICTING SETTINGS

Continuances require timely presentation to the court and a showing of good cause.

Continuances will not be granted unless presented to the Court in a timely manner, and for good cause.

Page 1 | Scheduling Order and Discovery Control Plan in Family Law Proceeding

Resetting or continuing the Initial Trial Setting does not change deadlines in the scheduling order or under the Texas Rules of Civil Procedure unless the court orders 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 otherwise provided by order.

Civil cases

Page 1 | UNIFORM SCHEDULING ORDER (LEVEL 3)

If the case is not reached on its scheduled trial date, a new trial date will be set, but the scheduling deadlines will not extend unless the court approves an extension through a new scheduling order.

If the case is not reached for trial on the scheduled date, a new trial date will be set; however, these deadlines will not be extended unless approved by the Court through the entry of a new scheduling order.

Page 3 | EXPERT WITNESS DESIGNATION

Chambers Communication Rules

Counsel must contact the court coordinator by email before the trial date to ensure that a required child interview is scheduled on the court calendar.

Contact the court coordinator at 397@co.grayson.tx.us before the trial date to ensure the child interview is properly scheduled on the Court’s calendar.

Civil cases

Page 4 | D. Child Interviews

The Court Coordinator must have the email addresses of attorneys for all participating parties when a hearing is requested so that the Zoom link can be forwarded.

After a hearing is requested by a party, or set by the Court, an email containing a link to the Zoom hearing will be forwarded to the attorneys of record. Accordingly, it will be necessary to make sure the Court Coordinator (trusty@co.grayson.tx.us) has the email of the attorneys of all participating parties at the time a hearing is requested.

Civil cases

Page 1 | PROCEDURES FOR LITIGANTS

Court-wide rules

Applies court-wide

These 42 rules apply across Grayson County District Courts. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 13
  • Applies to
    Ai generated pleading
    Must include
    ai disclosure

    The required AI certification must acknowledge responsibility and potential sanctions for the filer's or co-counsel's failure to comply with the rules.

  • Applies to
    Motion
    Must include
    proposed order

    Every motion requesting relief must be accompanied by a proposed order filed simultaneously.

  • Applies to
    Exhibit list

    A complete exhibit list identifying each marked exhibit, its description, and exhibit number must be provided to counsel, the Court, and the Court Reporter before trial.

Formatting

All 7
  • Exhibits should be marked in the bottom-right corner whenever possible.

  • Each scanned exhibit file may not exceed 100 MB.

  • Oversized exhibits must include 8½-by-11-inch copies bearing a marked-exhibit sticker on the front for the Court Reporter's appellate record.

Communication

All 6
  • A party filing one of the listed post-trial pleadings must give direct notice to the trial judge because the District Clerk does not forward the pleading.

  • When requesting or resetting a hearing, counsel should tell the Court Coordinator how much hearing time is estimated to be needed.

  • A hearing cancellation or delay should be reported as soon as possible by both phone and email to the Court Coordinator and to opposing counsel or the non-represented party.

Filing Timing

All 5
  • A party objecting to an ADR referral order must file a written objection within ten days after receiving notice of the referral.

  • Deadline
    10 calendar days

    Temporary orders should be presented for entry within ten days after the hearing or by the Court's entry date.

  • For arrests not made pursuant to a warrant or judicial order, the forms establishing probable cause must be completed and filed when the arrestee is booked into jail.

About Judge Brian K. Gary

Honorable Brian K. Gary is the judge the county lists for the 397th District Court of Grayson County, Texas. That court publishes more than the other two: rules specific to the court, uniform scheduling orders for civil cases, family law orders, rules for non-criminal remote proceedings, a tax case disclosure order, and a letter on continuances in criminal cases. The court states that parties should read its courtroom policies, courtroom conduct and dress code before appearing, and that in inclement weather parties should check the county's main site for delays and closings. The court's page lists the court's coordinator, Katy Milam, its bailiff, Kevin Hudson, and its reporter, Paula Thomas.

Court: 397th District Court, Grayson County Justice Center Address: 200 S. Crockett St., Sherman, Texas 75090 Hours: Monday to Friday, 8:00am to 5:00pm Coordinator: Katy Milam, (903) 813-4200 x4311, Katy.milam@co.grayson.tx.us

Common questions about Judge Brian K. Gary's rules

Are courtesy copies required for Judge Brian K. Gary?

Courtesy-copy rule applies when a filing is > 25 pages. A courtesy copy of the exhibits must be provided to the Court when the exhibits exceed 25 pages.

View ruleSource: page 1, section PROCEDURES FOR LITIGANTS

What formatting rules apply to filings before Judge Brian K. Gary?

Judge Brian K. Gary's formatting rule includes file format PDF. Exhibits submitted for a hearing must be in PDF format.

View ruleSource: page 1, section PROCEDURES FOR LITIGANTS

What must be included with temporary order filings before Judge Brian K. Gary?

The Court may sign temporary orders without a hearing only when the stated circumstances are satisfied.

View ruleSource: page 3, section F. Signing Temporary Orders

What must be included with motion filings before Judge Brian K. Gary?

A party seeking relief from or modification of the Standing Family Law Order must file a motion stating the specific grounds for the requested relief.

View ruleSource: page 1, section 1.1. TEMPORARY RESTRAINING ORDERS

How may parties contact Judge Brian K. Gary's chambers?

The rule lists email 397@co.grayson.tx.us. Counsel must contact the court coordinator by email before the trial date to ensure that a required child interview is scheduled on the court calendar.

View ruleSource: page 4, section D. Child Interviews

How do I request an adjournment or extension before Judge Brian K. Gary?

A party seeking removal from a criminal trial docket must file and obtain a ruling on a continuance motion before the pre-trial hearing; otherwise, the case remains on the docket and may be called to trial.

View ruleSource: page 1, section Continuances in Criminal Cases

Are filing fees or waivers addressed before Judge Brian K. Gary?

A fee is required for covered filings. A party seeking a jury trial must pay the jury fee before entry of the scheduling order.

View ruleSource: page 1, section Scheduling Order and Discovery Control Plan in Family Law Proceeding

What filing deadlines does Judge Brian K. Gary set?

A motion to compel responses to discovery generally must be filed within 7 days after discovery closes, subject to the stated exception for exclusion sanctions under Rule 193.6.

View ruleSource: page 1, section UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)

What rule applies to service for scheduling order before Judge Brian K. Gary?

Details: timing: at filing. A party joining an additional party must serve the new party with a copy of the scheduling order concurrently with the pleading joining the party.

View ruleSource: page 2, section UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)
Complete rules summary for Judge Brian K. Gary

A motion to compel responses to discovery generally must be filed within 7 days after discovery closes, subject to the stated exception for exclusion sanctions under Rule 193.6.

Amended pleadings asserting new claims or defenses are due 30 days before discovery ends, while other amended pleadings are due 7 days after discovery ends.

Expert-qualification and reliability objections must be filed no later than 30 days before the Initial Trial Setting, and the deadline cannot be moved without leave of court.

Responsive amended pleadings may be filed late if filed within 2 weeks after the timely pleading they respond to.

Additional parties generally may not be joined more than 5 months after the case begins unless leave is granted for good cause.

The parties must file the listed pretrial materials with the court by 4 p.m. on the Tuesday before the Pretrial Conference.

A party joining an additional party must serve the new party with a copy of the scheduling order concurrently with the pleading joining the party.

Plaintiff or plaintiff's counsel must serve the Scheduling Order on every currently named defendant that answers after the order's date.

A party seeking removal from a criminal trial docket must file and obtain a ruling on a continuance motion before the pre-trial hearing; otherwise, the case remains on the docket and may be called to trial.

The Court may sign temporary orders without a hearing only when the stated circumstances are satisfied.

A party seeking relief from or modification of the Standing Family Law Order must file a motion stating the specific grounds for the requested relief.

A responsive temporary-order application and notice of its hearing must be served on the adverse party in accordance with Texas Rules of Civil Procedure 5 and 21a.

When temporary spousal or child support is at issue, each party must furnish a monthly income-and-expense statement substantially similar to Appendix 1.

Each party must furnish copies of the federal income tax returns for the two calendar years before the temporary hearing.

Each party must furnish all payroll statements, pay stubs, W-2 forms, and 1099 forms evidencing earnings from the prior calendar year through the date of the temporary hearing.

For a temporary restraining order application supported by an appropriate affidavit, the Court will set a hearing within 14 days.

Each party must furnish checking and savings account statements, canceled checks, deposit slips, check registers, and deposit and withdrawal slips for accounts used during the two years before the temporary hearing.

A temporary order submitted for signature without a hearing must be accompanied by a letter notifying the opposing counsel or party of the right to object within ten days after the letter is mailed.

A continuance of a final hearing or trial will not be granted unless a proper motion is filed more than three business days before the scheduled hearing.

the submitting attorney certifies the order and letter were sent to the opposing counsel via eFile, or to the opposing party at their last known address or email address if there is previous correspondence with the opposing party via that email; and

When property or debts are at issue, each party must file a sworn inventory and appraisement of all separate and community property and all debts and liabilities at least 30 days before trial or the final hearing.

Parties are recommended, but not required, to use a form substantially similar to Form 5-1 of the Texas Family Law Practice Manual or the form available from the court coordinator.

After the parties' sworn inventories are filed, the parties must file a composite inventory and appraisement substantially similar to the form available from the court coordinator.

The Petitioner must start the composite inventory and send it to the Respondent to complete at least fourteen (14) days before trial or final hearing.

Counsel must contact the court coordinator by email before the trial date to ensure that a required child interview is scheduled on the court calendar.

A party who completes the course must file a certificate of completion within 30 days after completion or by the next court appearance, whichever occurs sooner.

A temporary-orders hearing that the Court has set and announced may not be continued without a proper motion for continuance.

Each party must furnish copies of financial statements filed with any financial institution during the two years before the hearing.

The Respondent shall complete and file the composite inventory with the Court and serve a copy of the same on the Petitioner not less than seven (7) days prior to trial or final hearing.

A motion seeking relief from or modification of the Standing Family Law Order will not receive a hearing unless the requesting party files a Certificate of Conference showing that agreement could not be reached.

More Judges in Grayson County District Courts

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