Judge Donna Roth
Individual Rules, Standing Orders & Policies
Adjournments
- File motions for continuance as soon as possible, preferably 7 days prior to trial and before assignment to a trial.
Communication
Document Format Requirements3 rules
All proposed orders for substitute service or service by publication be in the format of the Court's standard format.
Please ensure any exhibit that has more than one page is stapled, binder clipped, or contained in a notebook.
Exhibits should be marked with numbers, not letters.
Document Filing Requirements26 rules
The following motions will be presented to the Judge upon filing and may not need to be set for an oral hearing. If an oral hearing is needed, the Court will contact you. All other motion must be set for either an oral or submission hearing.
Nonsuits involving minors require an oral hearing unless an affidavit states the minor has reached the age of majority.
Court's wording
Nonsuits are presented to the Judge upon filing without need for a hearing with the exception of cases involving minors. These must be set for an oral hearing. If the minor has reached the age of majority, an affidavit stating so must be filed with the nonsuit and a hearing is not required.
A motion to substitute counsel requires both attorneys' signatures or a hearing; with signatures and a proposed order, no hearing is needed.
Court's wording
Both the withdrawing and substituting attorneys' signatures must be present on the Motion to Substitute or, alternatively, it must be set for a hearing. Either submission or oral would suffice. If you have included the required signatures on the motion and filed a proposed order, it will be present to the Judge without the need for a hearing.
Motions seeking a ruling should be filed with a corresponding proposed order. Responses should also be filed with a corresponding proposed order.
- Document
- Motion
Should include
- •Proposed order
All notices must include the date and time of the hearing, the date that the motion(s) was filed, and the motion(s) to be heard.
A motion to withdraw counsel requires the withdrawing attorney's and the party's signatures or a hearing; with signatures and a proposed order, no hearing is needed.
Court's wording
Both the withdrawing attorney's and the party's signature must be present on a Motion to Withdraw or, alternatively, it must be set for a hearing. Either submission or oral would suffice. If you have included the required signatures on the motion and filed a proposed order, it will be presented to the Judge without the need for a hearing.
A written notice withdrawing the MSJ must be filed before the motion can be reset. If a written notice withdrawing the motion is not received prior to resetting the MSJ, the MSJ will be denied.
Agreed motions must include the signature of counsel for all parties.
The order of severance must contain the style of case, proposed new case number, parties, documents with filed dates, case status, and cost responsibility.
Court's wording
for the severance. The order of severance must contain the following: - Style of Case; - Proposed new case number / example 2006-00000-A; - Parties to be included in the severed case; - Each document to be included in the severed case along with the corresponding filed date and/or image number; - Whether the severed case has a final order, is to remain active, or is to be abated; and - The party paying for court cost
Attach a copy of the pleading you are excepting to (unless the exception is only to the amount of damages sought) or state verbatim the paragraph you except to in the pleading.
Be sure to attach a copy of the discovery response at issue or state verbatim the request and answer in the body of your motion.
All Motions for Default Judgment require either an oral or submission hearing. If you are requesting foreclosure or need to prove up damages, an oral hearing is required.
Unopposed motions must include a certificate of conference.
- Document
- Motion
Must include
- •Certificate of conference
If you want an oral hearing on your MSJ, then you must file a notice setting same with your motion.
Always confer before filing any motion related to discovery and include a certificate of conference.
- Document
- Motion
Include
- •Certificate of conference
When filing objections the deposition itself must be submitted.
Ex Parte Motions (Please label as ex parte in the title of the motion.)
When filing documents, the exact name as it appears on the pleading is to be used. The name of the pleading appears on the search results or summary page for the case. To simplify the search results page, please limit the title of documents to no more than 10 words, unless additional words are absolutely necessary.
Proposed orders should list each discovery issue separately.
- Document
- Proposed order
Should include
- •List each discovery issue separately
Proposed orders should list each exception separately.
- Document
- Proposed order
Should include
- •List each exception separately
Proposed orders on motions to compel and special exceptions should delineate each item.
- Document
- Proposed order
Should include
- •Delineate each item
Agreed/Unopposed Motions (Please label as such in the title of the motion.
Sanctions should not be requested unless the opponent has violated a previous order. Instead, ask for reimbursement of your costs in the form of attorney fees.
If the motion itself includes "emergency" in the title, there is no need to file a separate request.
If an agreed motion is denied without a hearing, you can request a subsequent oral hearing on the motion.
Filing & Service rules
Filing Timing and Cure Windows
Exchange and file deposition excerpts as soon as practical, but no later than 7 days before voir dire.
Deposition excerpts shall be exchanged and filed as soon as practical but no later than 7 days prior to the voir dire examination.
Civil cases
Page 3 | Deadlines
File objections to deposition excerpts no later than 3 days before voir dire.
Objections to the excerpts shall be filed no later than 3 days prior to voir dire examination.
Civil cases
Page 3 | Deadlines
Additional motions in limine and exhibits must be exchanged among all parties no later than 14 days before voir dire.
Motions in Limine which are in addition to the Court's Standing Motion in Limine, and exhibits must be exchanged among all parties pursuant to the Texas Rules of Civil Procedure, but no later than 14 days before voir dire examination.
Civil cases
Page 3 | Deadlines
An MSJ set for oral hearing must be set between the 35th and 60th day after the motion is filed.
An MSJ, if set for an oral hearing, must be set 35 days after the motion is filed and before the expiration of 60 days from the date the motion is filed. In other words, the motion must be set between the 35th and 60th day after the filing of the motion.
Civil cases
Page 1 | 1.10 Summary Judgments
If no oral hearing notice is filed, the MSJ is automatically placed on the submission docket on the first Monday after 35 days.
If no oral hearing notice is filed by the movant, the Court will automatically place the motion on the submission docket on the first Monday after the expiration of 35 days.
Civil cases
Page 1 | 1.10 Summary Judgments
Extending the MSJ setting deadline to 90 days requires a Rule 11 agreement filed into the case file.
If the movant wishes to extend the setting deadline to 90 days, a rule 11 agreement must be filed into the case file.
Civil cases
Page 1 | 1.10 Summary Judgments
Related motions, agreed orders, or nonsuits/dismissals must be on file prior to the DWOP date.
The Dismissal for Want of Prosecution (DWOP) docket is a no-appearance docket. Please have any related motions, agreed orders, or nonsuits/dismissals on file prior to your DWOP date.
Civil cases
Page 1 | 4.4 Dismissal for Want of Prosecution (DWOP)
The submission docket is every Monday at 8:00 am with at least ten days' notice; no reservation is needed.
The submission docket is every Monday at 8:00 am with at least a ten-day notice. There is no need to reserve a date with the clerk for the submission docket. Simply choose an appropriate date and file your notice.
Civil cases
Page 1 | 4.1 Submission
Oral Monday dockets close the Wednesday before at noon; notices must be filed by then.
The oral Monday dockets close the Wednesday before at 12:00 pm noon. Your notice must be filed by this date.
Civil cases
Page 1 | 3. Deadlines
Responses, replies, and sur-replies filed after Thursday at 11:00 am before a Monday hearing are unlikely to be considered.
Any responses, replies, sur-replies, etc. filed after the Thursday before at 11:00 am for a Monday oral hearing are unlikely to be considered by the Court prior to the hearing.
Civil cases
Page 1 | 3. Deadlines
Service and Proof of Service Rules
For default judgments seeking foreclosure of a lien on real property, notice of the hearing must be sent to the defaulting party (per Rule 21a) and to any mortgage company holding a lien.
Notice of the hearing for default judgment must be sent to the defaulting party after service of citation pursuant to Rule 21a of the Texas Rules of Civil Procedure and - If there is a mortgage company that also holds a lien on the subject property, notice of the hearing for default judgment must be sent to the mortgage company.
Civil cases
Page 1 | 1.5 Default Judgments
Filing Bundling Requirements
Motions, responses, replies, exhibits, and proposed orders must each be filed as stand-alone documents, though they may be filed in the same envelope.
All motions/responses/replies must be filed in a stand-alone document. All exhibits, proposed orders, and other attachments should also be in their own documents. However, they may all be filed in the same envelope with the motion/response/reply as the lead document.
Civil cases
Page 1 | 5.2 Document Separation
Adjournment & Extension Requirements
Agreed/unopposed continuances in cases older than 2 years must be set for an oral hearing.
Agreed/Unopposed Continuances (Exception: All continuances filed in cases older than 2 years must be set for an oral hearing.)
Civil cases
Page 1 | 1.1 Agreed/Unopposed Motions and Other No-Hearing Motions
File motions for continuance as soon as possible, preferably 7 days prior to trial and before assignment to a trial.
Motions for Continuances need to be filed as soon as possible preferably 7 days prior to trial and before you are assigned.
Civil cases
Page 1 | General Information
Motions for continuance should be filed as early as possible; motions filed after trial coordinator assignment are disfavored.
Motions for Continuance should be filed as early as possible. Motions filed after receiving assignment from the trial coordinator will not be looked upon favorably.
Civil cases
Page 1 | 1.3 Continuances
Continuance motions based on trial conflicts are held by the Court until the morning of the Court's trial assignment.
If counsel has a conflict with another trial setting, the motion for continuance will be held by the Court until the morning of this Court's trial assignment.
Civil cases
Page 1 | 1.3 Continuances
Chambers Communication Rules
A party passing a hearing must notify all parties involved and the court.
A party who sets a hearing and subsequently passes that hearing MUST notify all parties involved including the court.
Civil cases
Page 1 | 4.2 Oral
Emergency hearings are requested by emailing the clerk or filing a request; no separate request is needed if the motion title includes 'emergency'.
When requesting an emergency hearing, please either email the clerk or file a request for emergency hearing into the case file. If the motion itself includes "emergency" in the title, there is no need to file a separate request.
Civil cases
Page 1 | 1.2 Emergency Motions
Parties request oral hearings by calling or emailing the clerk; hearings over 15-20 minutes require a time estimate, and the hearing is not docketed until a notice is filed and accepted.
Any party requesting an oral hearing should call or email the court clerk for a date and time. If a hearing is expected to take over 15 to 20 minutes, you should inform the clerk of your rough time estimate. The clerk will reserve a time for your hearing. This hearing will not be set on the Court's docket until a notice of hearing is filed and accepted.
Civil cases
Page 1 | 4.2 Oral
Counsel must contact the court clerk before a temporary injunction hearing to confirm readiness and duration; do not bring witnesses until speaking with the clerk.
Please contact the court clerk before your scheduled hearing. It is imperative that we know whether or not you are ready to proceed with the hearing and how long the hearing will take. If it is lengthy, we may need to reschedule your hearing (because of other hearings or trial) and extend the TRO until the court is available. Do not bring your witnesses to court until you have spoken to the court clerk!
Civil cases
Page 1 | 6. Temporary Injunctions
Please contact the clerk and provide a rough time estimate for your hearing.
Please contact the clerk and provide a rough time estimate for your hearing.
Civil cases
Page 1 | 1.5 Default Judgments
Counsel requesting an oral hearing on a sanctions motion must contact the clerk with a rough time estimate.
If requesting an oral hearing on your motion for sanctions, please contact the clerk and provide a rough time estimate for the hearing.
Civil cases
Page 1 | 1.6 Sanctions
Contact the trial coordinator, Willie Frazier, by phone or email with any questions about the trial docket.
If you have any questions regarding the trial docket, please contact the trial coordinator, Willie Frazier at 832-927-1384 or Willie_Frazier@justex.net.
Civil cases
Page 1 | General Information
Direct questions about the submission or oral hearing docket to the court clerks by phone or email.
Any questions regarding the submission or oral hearing docket need to be directed to the court clerks at 832-927-1375 or by email at Joshua.Herrington@hcdistrictclerk.com or Melanie.Rosa@hcdistrictclerk.com.
Civil cases
Page 1 | General Information
If daily copy, expedited, or rough draft transcripts will be requested of the court reporter, notice should be given to the court reporter as soon as possible before the start of the hearing or trial, so that the reporter may prepare appropriately.
If daily copy, expedited, or rough draft transcripts will be requested of the court reporter, notice should be given to the court reporter as soon as possible before the start of the hearing or trial, so that the reporter may prepare appropriately.
Civil cases
Page 1 | General Information
Alert court staff as soon as possible before trial if you need technical assistance with courtroom equipment.
If you require technical assistance with the Courtroom equipment, please alert the Court staff as soon as possible prior to the start of trial.
Civil cases
Page 1 | General Information
If a pre-trial conference will need more than 30 minutes, contact the trial coordinator to schedule a separate pre-trial.
Pre-Trial Conferences are conducted at the time of trial. If more than 30 minutes is needed, please contact the trial coordinator to schedule a separate pre-trial.
Civil cases
Page 4 | Pretrial/Scheduling
Technical e-filing assistance is available at 855-839-3453 or efiling@hcdistrictclerk.com; eFileTexas support at support@efiletexas.gov.
For assistance with the technical aspect of efile support at 855-839-3453 or efiling@hcdistrictclerk.com. For eFileTexas specifically, you can contact support@efiletexas.gov.
Civil cases
Page 1 | 5.4 eFile Help Desk Contact Information