Judge Beau A. Miller
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Filings > 20 pages
Motion
Communication
Phone
Court-wideDocument Filing Requirements16 rules
Parties must prepare and bring a Trial Notebook with specified contents to pretrial conference.
Court's wording
parties must prepare, exchange and bring to the pretrial conference, one Trial Notebook that contains: · live pleadings; · witness lists (with estimated time for examination and cross-examination of each); · exhibit lists (including copies of exhibits and any objections); · motions in limine and objections; · deposition extracts and objections; and · proposed jury charges.
Motion to withdraw must be set on oral hearing/submission docket and contain specific information and documents.
Court's wording
Motions for withdrawal of counsel must be set on the oral hearing/submission docket. The motion must contain: a statement of the particular circumstances and disciplinary rules requiring withdrawal; a certificate of the attorney of record of the client’s name, address, telephone number, and the last known time the information was correct; a copy of a letter from the attorney of record to the client giving notice: (a) that the attorney is withdrawing; (b) that the client is deemed to have knowledge of and is required to abide by the Texas Rules of Civil Procedure if the client proceeds pro se; (c) that all notices from the Court to the client's current address will be deemed to have been received unless the client notifies the Court of any change of address; (d) that no continuances or extensions will be granted to the pro se client in order to obtain other counsel; and (e) notice of the hearing at which the motion to withdraw will be considered; and a signed acceptance of the terms of the letter described above, if the client has agreed to the withdrawal. If the client has not agreed to the withdrawal, proof of service of the letter described above must be filed.
All motions and responses must include a proposed order with exact motion title, and each motion must have its own order.
- Document
- Motion
Must include
- •Proposed order
Court's wording
All motions and responses must have a proposed order. The Court may pass hearings on motions filed without a proposed order. All motions should have their own proposed order (Please do not combine multiple motions into one order). The proposed order should include the exact title of the motion being considered. Do not title the order submitted as “proposed”.
An oral hearing is required on all default judgments. For default judgments, Parties must file a notice of an oral hearing, a Non-Military Affidavit compliant with the Soldiers and Sailors Relief Act, a certificate of last known address, a citation/receipt of service, and a proposed final judgment order.
Certificate of conference required for motions, pleas, and special exceptions except summary judgment, default judgments, voluntary dismissal/non-suit, and service of citations motions.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
A certificate of conference is required for all motions (including discovery motions), pleas, and special exceptions except for: motions for summary judgment; default judgments; motions for voluntary dismissal or non-suit; and motions involving service of citations. Certificates of conference must state how and when parties have conferred on the matters on which relief is sought, and whether the relief is opposed, agreed, or agreed in part. For all motions which a certification of conference is required, the Court reserves the right to deny all motions that do not have a certificate of conference.
Discovery motion must include description of dispute, certificate of conference with details, and copy of discovery requests/responses.
- Document
- Discovery motion
Should include
- •Certificate of conference
Court's wording
The complaining party should file a motion containing: a brief description of the dispute; a certificate of conference stating the name of all counsel participating in the discussions, including the date, time, and place the parties have had out of-court discovery discussions, and the results of those discussions; and a copy or verbatim reproduction of the discovery requests and responses at issue.
Party requesting oral hearing must file notice of hearing stating exact motion titles and serve on all parties.
Court's wording
Once the clerk assigns a hearing date the party requesting the hearing must file a notice of oral hearing and serve it on all counsel and self-represented parties. The hearing notice must state the exact title of the motion or motions to be heard.
Your requests to the court should be made in a written motion.
Severance motion must state basis and proposed order must include listed items.
- Document
- Motion for severance
Must include
- •Proposed order
Court's wording
Motions for Severance may be set either for submission or oral hearing. The motion must state the basis for the severance. The proposed Order of Severance should include the following: how the severed case is to be styled; the cause number; the parties to be included in the severed case; all the pleadings that are to be severed into the new file; whether the Order disposes of the severed case, or whether it will remain an active case; and who will pay for the costs of severance.
E-filed documents must have full title in description field, separately filed exhibits with numbers, and no all caps.
Court's wording
When filing documents, please type the entire title of your pleading in the description field and clearly label all exhibits. Do not use all caps. Each exhibit should be filed separately. Exhibits should be numbered, not by letter.
Parties requesting an Order for Substituted Service under Rule 106 should use the court’s suggested form: 190TH Order Granting Rule 106 Substitute Service.docx. Rule 106 Motions can be submitted to the Court without the need for an oral hearing but must be accompanied by an affidavit that includes the following information: efforts taken to verify that defendant actually lives or works at the subject address; each attempt at service, with date and time; identity of persons who were present at the subject address and what was said; and identity of cars in driveway or other indications that defendant resides at the subject address.
The moving party must submit a proposed temporary injunction order before the hearing begins.
Proposed orders should list each discovery issue separately. Both the movant and non-movant must submit a proposed order.
- Document
- Discovery motion
Must include
- •Proposed order
HOA default judgment motions must be set for oral hearing and include review of lien language, deed, and accounting.
Court's wording
Motions for Default Judgment based upon unpaid assessments or deed restriction violations must be set for an oral hearing; however, a board member or property manager does not need to be present at the hearing. The Court would like to review the following three documents at the hearing: the lien foreclosure language in the declarations; the deed; and the accounting.
For settlements involving minors with conflict of interest, parties must submit agreed motion/order for Guardian Ad Litem, and at hearing present proposed judgment and ad litem fee report.
- Document
- Minor settlement
Must include
- •Proposed order
Court's wording
A Guardian Ad Litem will be required for all settlements involving minor children. This applies when there is a conflict of interest between the minor(s) and the parent or legal guardian. The parties are to submit an agreed motion and order for appointment of a Guardian Ad Litem. The Court will then select the Guardian Ad Litem for that case, and will inform the parties of the Court's decision. Once a Guardian Ad Litem has been appointed, the parties may contact the Court Clerk in order to obtain a Minor Settlement hearing date. At the time of the hearing, the parties are to present the proposed Judgment, as well as the Supreme Court ad litem fee report.
If you set a matter on the submission docket file a notice of submission with the exact title of the motion or motions set for consideration and serve it on all counsel and self-represented parties.
Filing & Service rules
Electronic Filing Rules
All cases in the 190th District Court must be electronically filed.
In accordance with the Local Rules of Harris County District Courts, all cases in the 190th District Court shall be electronically filed.
Civil cases
Page 1 | 4. Mandatory Electronic Filing
Filing Timing and Cure Windows
Motions to exclude or challenge expert evidence must be filed and set for hearing at least 30 days before trial.
Any Motions to exclude or challenge expert evidence must be filed and set for hearing on a date at least thirty days prior to trial.
Civil cases
Page 1 | 9.4 Expert Witnesses
Responsive pleadings must be filed by 3:00 PM on the last business day before the hearing, with holiday adjustment; late filings not considered.
Any responsive pleading must be filed by 3:00 pm the last business day before the hearing. If Friday before oral hearing setting is a Court holiday, then responsive pleadings must be filed by 3:00 PM on the Thursday before. Late filed responsive pleadings will not be considered by the court.
Civil cases
Page 1 | 6.1 Oral Hearings
Self-represented litigants should arrive at least thirty minutes early for court to allow time for parking, security, and locating the courtroom.
Always get to court on time. A good rule of thumb is to arrive at least thirty minutes early in order to allow for time to locate parking, clear the security check and locate the proper courtroom.
Page 1 | Timeliness
After settlement notice, parties have 45 days to submit proposed final judgment/dismissal, with consequences for failure.
Once the Court is notified of the settlement, the Parties have 45 days to submit a proposed final judgement/dismissal. Parties who fail to submit a proposed judgment/dismissal will be ordered to appear in person. If the Parties do not appear, the case will be dismissed for want of prosecution. Failure to obtain an enforceable settlement agreement will not be good cause to avoid dismissal or to reinstate the case.
Civil cases
Page 1 | 5.5.1 Settlement Announcements
Parties must not file responses to motions within 2 days of the hearing on that motion.
Unless otherwise governed by statute or by the Texas Rules of Civil Procedure, parties are not to file a response to any motion within two (2) days of their hearing date on that motion.
Civil cases
Page 1 | 6.1 Filings
Service and Proof of Service Rules
Self-represented litigants must serve a copy of every pleading filed with the court on the opposing attorney or 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 1 | Information For Self-Represented Litigants
Notice of oral hearing must be served on all counsel and self-represented parties.
Once the clerk assigns a hearing date the party requesting the hearing must file a notice of oral hearing and serve it on all counsel and self-represented parties.
Civil cases
Page 1 | 6.1 Oral Hearings
Notice of submission must be served on all counsel and self-represented parties.
If you set a matter on the submission docket file a notice of submission with the exact title of the motion or motions set for consideration and serve it on all counsel and self-represented parties.
Civil cases
Page 1 | 6.2 Submission Docket
Courtesy Copy Requirements
Courtesy copy required for pleadings over 20 pages or with over 50 pages of exhibits, with written notice to all parties and additional documents.
Parties filing pleadings more than twenty pages in length or with more than 50 pages of exhibits must provide a courtesy copy of those pleadings and accompanying exhibits to the Court, and give written notice to all parties stating the specific documents that were provided. If a party highlights or otherwise marks a document in a courtesy copy provided to the Court, that party shall provide all other parties to the litigation an exact copy of what was provided to the Court. Also include a copy of the proposed order, latest live pleading and answer, latest DCO, and any legal authority, with any courtesy copy provided to the court.
Civil cases
Page 1 | 5.3 Courtesy Copies
Motions with hyperlinks may have courtesy copy delivered on a USB thumb drive.
If you have hyperlinks on motions that have been filed, you can provide a courtesy copy of the motion in a USB thumb drive with your courtesy copies.
Civil cases
Page 1 | 5.3.1 Footnotes and Hyperlinks
Adjournment & Extension Requirements
Continuance/reset requires agreed motion and proposed amended DCO; if no agreement, state reasons; deadlines remain until new DCO.
Parties seeking continuance/reset, must submit an agreed motion for continuance/reset, along with a proposed amended DCO agreed to by all parties. If parties cannot agree to a proposed amended DCO, the reasons for non-agreement should be stated with specificity. All deadlines remain in effect until a new DCO is entered. The Court prefers motions to reset the trial date instead of motions for continuences.
Civil cases
Page 1 | 8. Trial Continuances/Resets
Chambers Communication Rules
Self-represented litigants must not communicate privately (ex parte) with the judge; such communications are returned unread, while formal pleadings and motions filed with the clerk are permitted.
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. You may communicate with the judge if all parties and their attorneys (if they are represented) are present. Any such unilateral contact is called “ex parte” communication and the district judge will not considered it for any information or argument offered in such a manner for any purpose. The court will return an ex parte communication to you unread and notify the other side of the communication. Prohibited communications do not include formal pleadings, motions, and request for relief filed with the clerk.
Page 1 | Information For Self-Represented Litigants
Self-represented litigants must keep the court and clerk informed of a current mailing address and telephone number, updating them upon any move.
It is your responsibility to provide the Court with a current and reliable mailing address and telephone number. Once you file your pleadings in the case, the clerk will notify you by mail of hearings and / or motions. If you move, you must provide your new address and telephone number to the clerk and the court. If you move and you do not get your mail, you may permanently lose important rights.
Page 1 | Information For Self-Represented Litigants
Telephonic appearances only with advance permission from Court, requiring specific reasons.
Telephonic appearances on contested matters are strongly discouraged. You may only appear by telephone upon receiving special permission from the Court in advance of the hearing. Please contact our Court Clerk with your request and state the reasons, with specificity, as to why you need to appear by telephone.
Civil cases
Page 1 | 6.4 Telephonic Appearances
Emergency oral hearings or telephonic conferences may be requested by contacting the Court Clerk.
Parties may request an emergency oral hearing or telephonic conference by contacting the Court Clerk.
Civil cases
Page 1 | 6.3 Emergency Hearing Requests