Judge Cheryl Elliott Thornton
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Deposition Excerpts
Exhibit List, Exhibits
- 2 copies • 2 Business Days Prior to Proceedings
Binding: Stapled
Pleading, Exhibits
- 2 copies • Upon Filing
Adjournments
Court-wideRequest must include
Communication
Phone
Phone
Court-wideDocument Format Requirements4 rules
If an exhibit is referring to depositions in trial, please provide a CONDENSED version of the full deposition.
The exhibits must be in binders with individual tabs.
Exhibits must be marked with party-specific stickers using numbers only (not letters), and parties must provide their own stickers.
- Exhibits
Formatting
- •Use numbers only, not letters, when marking exhibits
- •Parties provide their own exhibit stickers
Court's wording
Plaintiff’s exhibits are to be marked with “Plaintiff’s Exhibit” stickers. Defendant’s exhibits are to be marked with “Defendant’s Exhibit” stickers. Use only numbers when marking exhibits instead of letters. Parties should provide their own. In an emergency, a limited number of exhibit stickers may be obtained from the court reporter.
Once an exhibit number has been assigned, the same exhibit number may not be used for another exhibit, even if the original exhibit is withdrawn or not used in the hearing or trial.
Document Filing Requirements26 rules
Rule 106 motions must be set on the submission docket and include an affidavit with specified information about service attempts and address verification.
Court's wording
Rule 106 Motions must be placed on our submission docket and 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.
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.
- Document
- Motion
Must include
- •Proposed order
All parties must comply with the order prior to the pretrial conference.
A motion to withdraw must contain the specific circumstances, certificate of client information, notice letter with specified advisements, and signed acceptance or proof of service.
Court's wording
However, 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.
The parties are to submit an agreed motion and order for appointment of a Guardian Ad Litem.
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.
Proposed continuance orders must be agreed to by all parties. If parties cannot agree to a proposed order, the reasons for non-agreement should be stated with specificity.
A certificate of conference is required for all motions, pleas, and special exceptions, with listed exceptions.
- 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.
Discovery motion must include a brief description, a detailed certificate of conference, and a copy or verbatim reproduction 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.
The Non-Military Affidavit must comply with recent amendments to the Soldiers and Sailors Relief Act.
Before the pretrial conference, parties must exchange, e-file, and submit all motions and trial documents, including pleadings, witness lists, exhibit lists, in limine motions, deposition extracts, and proposed jury charges.
- Document
- Trial documents
Include
- •Exhibit list
Court's wording
All motions and trial documents need exchanged by parties, e-filed and submitted to the court before your pretrial conference. This includes, but is not limited to: 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.
If you set a matter on the submission docket file a notice of submission with the exact title of the motion set for consideration and serve it on all counsel and self-represented parties.
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.
At the time of the hearing, the parties are to present the proposed Judgment, as well as the Supreme Court ad litem fee report.
The hearing notice must state the exact title of the motion or motions to be heard.
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.
- Document
- Courtesy copy
Include
- •Proposed order
The proposed Order of Severance must include specified details about styling, cause number, parties, pleadings, disposition, and costs.
Court's wording
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.
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
Please e-file a proposed Order to accompany your Motion.
- Document
- Motion to retain
Include
- •Proposed order
The motion must state the basis for the severance.
Page/line designations of deposition testimony, along with a non-condensed copy of the transcript, are to be furnished to the court reporter prior to the offer. When one person is reading from written deposition testimony, the reader must say “Question” prior to reading each question and “Answer” prior to reading each answer.
Identify yourself to the Judge and the court reporter before a hearing begins. Provide a business card with your name, correct address, phone number, fax number and e-mail address. Also include party representation.
Parties requesting an Order for Substituted Service under Rule 106 should use the court’s suggested form: 164th Order Granting Rule 106 Substitute Service.pdf.
Parties requesting an Order for Substituted Service by Publication under Rule 109 should use the court’s suggested form: ORDER GRANTING SERVICE BY PUBLICATION(revised Aug. 2022).pdf
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.
If any party wants an oral hearing on a motion that has been placed on the submission docket that party should file a written request with the Court.
Filing & Service rules
Electronic Filing Rules
All cases in the 164th Civil District Court must be electronically filed.
In accordance with the Local Rules of Harris County District Courts, all cases in the 164th Civil District Court shall be electronically filed.
Civil cases
Page 1 | Mandatory Electronic Filing
Filing Timing and Cure Windows
If no judgment is filed within 14 days after the court is notified of settlement, the case is dismissed for want of prosecution.
Cases are dismissed for want of prosecution if no judgment is filed within 14 days after the court is notified of settlement (this time may be extended where necessary).
Civil cases
Page 1 | Motions - Settlements, Nonsuits, and Agreed Judgments
Final Judgments must be filed at least 1-2 days before the Minor Settlement hearing.
All Final Judgments must be filed at least 1-2 days before the Minor Settlement hearing.
Civil cases
Page 1 | Motions - Settlements Involving Minor Children
All pleadings must be filed by 4:00 pm on the Monday before the hearing; late pleadings will not be considered.
All pleading must be filed by 4:00 pm the Monday before the hearing. Late filed pleadings will not be considered by the court.
Civil cases
Page 1 | Hearings - Oral Hearings
Motions to exclude or challenge expert evidence must be filed and set for hearing at least thirty 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 | Trial - Expert Witnesses
Service and Proof of Service Rules
The party requesting an oral hearing must file and serve a notice of oral hearing on all counsel and self-represented parties.
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 | Hearings - Oral Hearings
After approval, the original filing party must give notice of the hearing to all parties.
Once your request has been approved by the court clerk, they will contact the original filing party with a hearing date, and that party must give notice to all parties of the hearing.
Civil cases
Page 1 | Hearings - Submission Docket
If a courtesy copy is marked, the party must provide an exact copy to all other parties.
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.
Civil cases
Page 1 | Motions - Courtesy Copies for Trials Only
Courtesy Copy Requirements
After e-filing pleadings and exhibits for trial, parties must provide two courtesy copies to the Court and written notice to all parties.
After parties e-file their pleadings and exhibits along with a cover letter, they must provide two (2) courtesy copies of those pleadings and accompanying exhibits to the Court (one for the Judge and one for the Court Reporter) and give written notice to all parties stating the specific documents that were provided.
Civil cases
Page 1 | Motions - Courtesy Copies for Trials Only
For deposition excerpts, deliver two hard copies (judge and court reporter) tabbed and in binders along with a USB thumb drive.
If there will be any deposition excerpts, we will need a hard copy of the deposition(s) and during the trial the line and page should be quoted into the record in real time. Please deliver one hard copy for the judge and one hard copy for the court reporter, tabbed and in binders along with a USB thumb drive to:
Civil cases
Page 1 | Trial - Pretrial Conferences
A hard copy of the exhibit list and a hard copy of the exhibits should be delivered to Judge C. Elliott Thornton and the court reporter 2 business days prior to the court proceedings. Exhibits with multiple pages should be stapled, bound and/or assembled so that they may be accurately preserved.
A hard copy of the exhibit list and a hard copy of the exhibits should be delivered to Judge C. Elliott Thornton and the court reporter 2 business days prior to the court proceedings. Exhibits with multiple pages should be stapled, bound and/or assembled so that they may be accurately preserved.
Page 1 | COURT DECORUM
Sealing & Redaction Procedures
Exhibits should be redacted before being offered; exhibits redacted after admission are marked as 'A' exhibits with the unredacted original kept by the court reporter, and any offered exhibit must be tendered to the court reporter.
Redactions should be made prior to the exhibit being offered. Exhibits redacted after the exhibit is admitted (subject to redaction or without initial objection) are to be marked as an “A” exhibit and the original, unredacted exhibit is kept by the court reporter for the record. Once an exhibit is offered (even if not admitted), it must be tendered to the court reporter.
Page 1 | COURT DECORUM
Pre-Motion Conference Requirements
The motion must be filed before setting a hearing.
You must file your motion first before setting your hearing.
Civil cases
Page 1 | Hearings - Oral Hearings
Oral hearing is required only for expedited foreclosure default judgments; other default judgments may be set for submission.
An oral hearing is required on expedited foreclosure default judgments only. All other default judgments can be set for submission.
Civil cases
Page 1 | Motions - Default Judgments
All summary judgment motions must be set for oral hearing on the law day docket within 30 days of filing.
ALL Summary Judgment Motions MUST be set for an ORAL HEARING ONLY and placed on our LAW DAY DOCKET within 30 days of filing.
Civil cases
Page 1 | Motions - Summary Judgment Motions
HOA default judgment motions based on unpaid assessments or deed restriction violations must be set for an oral hearing; board member or property manager need not be present.
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.
Civil cases
Page 1 | Motions - Homeowners' Association Defaults
All show cause matters must be heard orally.
All Show Causes must be done by oral hearing.
Civil cases
Page 1 | Hearings - Show Causes
Chambers Communication Rules
Telephonic appearances require advance special permission from the Court; request must be made to the Court Clerk with 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 | Hearings - Telephonic Appearances
For Zoom hearings, video must be on to be recognized as a participant.
Also, if your hearing is scheduled as a Zoom hearing, you must have your video on to be recognized as a participant.
Civil cases
Page 1 | Hearings - Oral Hearings
Please contact the Court Clerk before your hearing date to confirm that all necessary parties have been served, that you are ready to proceed, how long your hearing will take, and how many witnesses will be called.
Please contact the Court Clerk before your hearing date to confirm that all necessary parties have been served, that you are ready to proceed, how long your hearing will take, and how many witnesses will be called.
Civil cases
Page 1 | Temporary Injunctions
Arrangements for acquiring testimony may be made directly with the court reporter; advise a week in advance if a daily copy is required, notify the other side, and contact via email or phone.
Arrangements for acquiring testimony after a hearing or during a trial may be made directly with the court reporter. Please advise the court reporter a week before a hearing or trial if a daily copy is required. You must notify the other side of your request. You may reach the court reporter at Cynthia_Daugherty@justex.net or call 832-927-2384.
Page 1 | COURT DECORUM