Judge Kyle Carter
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Continuances: first motion and first two agreed motions granted without oral hearing; later motions need additional explanation and must demonstrate need and client notification.
- A non-moving party requesting an oral hearing on a summary judgment motion must file a motion for continuance of the submission date.
Request must include
Communication
Document Format Requirements6 rules
The parties must file their proposed charge and must provide the court with a copy on a flash drive.
Formatting
- •Provide a copy on a flash drive
Occasionally, the Court may require the parties to submit modified orders to the Court clerk in Word format to the court clerk.
E-filed pleadings must have full un-abbreviated titles, labeled exhibits, and proposed orders must not be attached as exhibits.
Formatting
- •Type full title without abbreviations
- •Clearly label all exhibits
Court's wording
Type the entire title of your pleading. Do not abbreviate parts of the title. The clerks need the full and complete title of the pleading to insure proper filing. Do not split your documents in different envelopes. Clearly label all exhibits. Do not attach proposed orders as exhibits.
Please have all exhibits on a flash drive numerically labeled. Have a hard copy for the Court and a hard copy for the jurors.
- Exhibits
Formatting
- •Hard copy for the Court
- •Hard copy for the jurors
Exhibits over 30 must be scanned to a CD with specific resolution and pixel requirements.
- Exhibits
Formatting
- •Photographic images must be at least 2,048 x 1,536 pixels
Court's wording
If you are offering more than 30 exhibits, please scan them to a CD. Scanned exhibits must have a resolution of 300 dots per inch (dpi). Photographic images other than documents (e.g., photos of physical exhibits) must be included within the computer file as images with a resolution of not less than 2,048 x 1,536 pixels (approximately 3 megapixels). Higher resolutions are not encouraged. If a full color rendition is necessary, color depth should be between 12-bit and 18-bit. Otherwise, grayscale images are encouraged.
Please bring your proposed Jury Charge on a flash drive or cd.
Document Filing Requirements22 rules
ALL NOTICES OF ORAL HEARING MUST CONTAIN THE ABOVE ZOOM LINK AND A LINK TO THIS TAX COURT INFORMATION PAGE.
Proposed orders should include total damages and attorneys fees. The motion must contain evidence to support the amounts contained in the judgment.
Unopposed motions must contain a certificate of conference.
- Document
- Unopposed motion
Must include
- •Certificate of conference
E-File responses to motions at least 24 hours prior to the hearing and include a proposed order.
- Document
- Response
Include
- •Proposed order
Motions to withdraw as attorney of record must contain the parties telephone number, address, email address, current deadlines and trial settings.
If a party is seeking substituted service pursuant to 106 please provide a motion along with an affidavit that establishes that the person to be served can be found at the service address. Additionally, the parties should use the Court’s prescribed order.
If you are requesting the Court rule on objections, present a motion and order that contains the specific requests made along with the objections made and a blank to either overrule or sustain the objection.
When submitting a proposed order after a hearing, include a cover letter and indicate whether the proposed order is agree to in form by opposing counsel.
In motions requesting the appointment of a guardian ad litem, please include a brief description of the case and any other issues you would like the Court to consider.
Motions for severance must include an order stating the style, new cause number, parties, documents, whether the case is disposed, and who pays costs.
Court's wording
SEVERANCE Motions for severance must include an order which states: The style of the case; The new cause number, e.g. 2018-12345A Parties to be included in the severed case Documents to be included in the severed case. Whether the severed order disposes of the severed case or if the case shall remain active. The party paying the costs of court and
All motions must be accompanied by a certificate of conference detailing the efforts undertaken to discuss the motion with opposing counsel. Failure to file a certificate of conference may result in a motion being passed.
- Document
- Motion
Must include
- •Certificate of conference
All motions and responses must be filed with a corresponding order. The Court may pass motions filed without proposed orders.
Orders on motions to withdraw must include the pro se party's name, address, telephone number, and email; otherwise the motion will be denied.
Court's wording
Orders on motions to withdraw MUST include contact information for the pro se party including: name, address, telephone number and email address. Failure to include the required contact information will result in the motion being denied.
Do not file a blank request for an oral hearing date.
All unopposed or agreed motions should be titled as such. All agreed motions and proposed orders must contain the signatures of all those in agreement.
Special exception should specifically state the language objected to and the reasoning for the objection. The language excepted to should be stated verbatim in the motion and the order.
The parties must file their proposed charge and must provide the court with a copy on a flash drive.
If a party appears at a tax default judgment hearing, the Court will not proceed; the party must complete a notice of appearance and answer form.
Court's wording
The Court will not proceed with default judgment if the party appears at the hearing on default judgment. However, the party must complete a notice of appearance and answer form at the time of the hearing so that the matter can be set for trial.
Discovery motions must outline the dispute, the efforts made to resolve it, and the relief requested.
Court's wording
If the parties must seek assistance with respect to discovery matters, the movant should file a motion outlining the discovery dispute, the effort made to resolve that dispute, and the relief requested from the Court.
Default judgment motions must be set for oral docket (not submission) and include exhibits showing service, non-military affidavit, certificate of last known address, and damages.
Court's wording
The parties shall file a motion for default judgment and set the same as a motion on the Court’s oral docket. Defaults are not to be submitted for submission, those that are will be passed. Please include all exhibits demonstrating service, non-military affidavit, certificate of last known address, and damages.
Any exhibits that need to be redacted MUST be done prior to the time you arrive for the beginning of trial.
PLEASE HAVE ALL EXHIBITS PREMARKED BEFORE TRIAL AND A COPY OF YOUR EXHIBIT LIST FOR THE JUDGE, THE COURT REPORTER AND OPPOSING COUNSEL BESIDES THE ONE FILED IN YOUR PRETRIAL ORDER.
Filing & Service rules
Electronic Filing Rules
Answers may be filed by mail or by depositing them in the outside drop box at 201 Caroline.
You can mail or use the drop box at 201 Caroline, on the outside of the building to drop your answer off for filing.
Page 1 | Information Regarding Answers
Responses to motions must be e-filed at least 24 hours before the hearing and include a proposed order.
E-File responses to motions at least 24 hours prior to the hearing and include a proposed order.
Civil cases
Page 1 | MOTION RESPONSES
Litigants must electronically file documents with the Harris County District Clerk; hand-delivery or fax requires prior court authorization.
The Rules of Civil Procedure require litigants to electronically file documents and pleadings with the Harris County District Clerk. Litigants need prior authorizations from the Court before hand-delivering or faxing documents directly to the Court. The District Clerks will not accept documents delivered directly to the court for filing. Litigants are responsible for ensuring that documents become part of the Court’s record by e-filings the documents.
Civil cases
Page 1 | E-FILING
Filing Timing and Cure Windows
Answers should be mailed within a reasonable amount of time prior to the hearing date.
Please mail your answer within a reasonable amount of time prior to your hearing date.
Page 1 | Information Regarding Answers
All expert witness challenge motions must be set for hearing before the trial date.
Parties shall set all motions to challenge expert for hearing before the trial date. Parties should not wait until the day of trial to challenge expert testimony.
Civil cases
Page 1 | EXPERT WITNESSESS CHALLENGES
Responses to motions must be filed at least 24 hours before the hearing.
E-File responses to motions at least 24 hours prior to the hearing and include a proposed order.
Civil cases
Page 1 | MOTION RESPONSES
Parties must file and exchange specified trial documents 7 days before trial or per the pre-trial order.
Parties need to file and exchange exhibit lists, motions in limine, deposition offers, proposed jury charges, proposed findings of fact and conclusions of law 7 days prior to trial, or in accordance with the Courts pre-trial order.
Civil cases
Page 1 | TRIALS
File a notice of oral hearing only after the clerk provides a hearing date and time, not before.
Once the clerk has provided a hearing date and time, then file a notice of oral hearing, not before.
Civil cases
Page 1 | ORAL HEARING DOCKET
Parties must exchange motions in limine before the pre-trial conference as required by the pre-trial order.
The parties must exchange motions in limine prior to the pre-trial conference in accordance with the pre-trial order.
Civil cases
Page 1 | MOTIONS IN LIMINE
Summary judgments should be heard at least 1 month prior to trial.
Summary judgments should be heard at least 1 month prior to trial.
Civil cases
Page 1 | SUMMARY JUDGMENTS
Parties must file proposed findings of fact and conclusions of law before the day of trial per the pre-trial order.
Parties should file their proposed findings of fact and conclusions of law with the Court prior to the day of trial in accordance with the pre-trial order.
Civil cases
Page 1 | FINDINGS OF FACT CONCLUSIONS OF LAW
Service and Proof of Service Rules
Parties must exchange all exhibits before trial.
The parties shall exchange ALL exhibits prior to trial.
Page 1 | EXHIBITS
Courtesy Copy Requirements
Courtesy copies of motions are permitted; if provided, they must be given to the court clerk and will be destroyed after the hearing.
The Court permits courtesy copies of all motions. Please provide all courtesy copies to the court clerk. Once the hearing is concluded all courtesy copies will be destroyed.
Civil cases
Page 1 | COURTESY COPIES
Sealing & Redaction Procedures
Parties seeking to seal court records must comply with Texas Rule of Civil Procedure 76a.
If the parties are seeking an order that would provide that any documents filed in the records of the court shall be sealed and not open to the public, then the parties must comply with Texas Rule Civil Procedure 76a.
Civil cases
Page 1 | PROTECTIVE ORDERS
Pre-Motion Conference Requirements
Parties must confer on all discovery motions before the hearing and be prepared to discuss those efforts with the Court.
The parties should conference on all discovery motions prior to a hearing and be prepared address these efforts with the Court.
Civil cases
Page 1 | DISCOVERY MOTIONS
Adjournment & Extension Requirements
A non-moving party requesting an oral hearing on a summary judgment motion must file a motion for continuance of the submission date.
If a non-moving party would like an oral hearing, then a motion for continuance of the submission date should be filed.
Civil cases
Page 1 | SUMMARY JUDGMENTS
Continuances: first motion and first two agreed motions granted without oral hearing; later motions need additional explanation and must demonstrate need and client notification.
The Court will grant the first motion for continuance filed by either party. Additionally, the Court will grant the first two agreed motions for continuance without the need for an oral hearing. Any subsequent motion for continuance will require additional explanation. The movant must demonstrate the need for the continuance and indicate that the clients have been informed.
Civil cases
Page 1 | CONTINUANCES
Chambers Communication Rules
When mailing an answer for filing, email the lead clerk and CC the Trial Coordinator to inform the court.
Additionally, please email the lead clerk and CC the Trial Coordinator to inform the court that you have mailed your answer for filing.
Page 1 | Information Regarding Answers
For in camera review, the moving party must hand-deliver documents to the clerk and schedule an off-docket status conference.
If a party desires an in camera review of documents the moving party shall provide the documents via hand delivery to the clerk of court. Once the documents have been provided the moving party shall schedule a status conference off-docket through the court clerk.
Civil cases
Page 1 | IN CAMERA DOCUMENTS
Before scheduling the hearing, the movants should call the Court and advise 1) regarding readiness to proceed with the hearing, and 2) the estimated length of the hearing.
Before scheduling the hearing, the movants should call the Court and advise 1) regarding readiness to proceed with the hearing, and 2) the estimated length of the hearing.
Civil cases
Page 1 | TEMPORARY INJUNCTIONS
Contact the clerk to schedule a hearing date and time; failure to send notice will result in the hearing being passed.
Please contact the clerk for a date and time. Failure to send notice will result in the passing of the hearing.
Page 1 | Hearings
Parties must contact court clerk Jimmy Rodriguez by phone or email to schedule a video conference and receive the conference link.
Parties are instructed to contact the court clerk Jimmy Rodriguez; 832-927-2550 (jimmy.rodriguez@hcdistrictclerk.com) to schedule a video conference and to be provided a link to the conference website.
Civil cases
Page 1 | B. Video Conferences
Parties should not bring witnesses to court without checking with the court clerk.
Parties should not bring witnesses to court without checking with the court clerk.
Civil cases
Page 1 | TEMPORARY INJUNCTIONS
If the parties would like to use a jury questionnaire please inform the Court at the docket call, or at a status conference prior to the day of trial.
If the parties would like to use a jury questionnaire please inform the Court at the docket call, or at a status conference prior to the day of trial.
Civil cases
Page 1 | VOIR DIRE
Parties join telephonic hearings by calling (832) 927-8888 and using access code 3686141#.
The telephone conference number is (832) 927-8888 and the access code is 3686141#.
Civil cases
Page 1 | A. Telephonic Hearings
Also please make sure that you give an accurate representation to the court staff on the amount of time that you believe the hearing will require.
Also please make sure that you give an accurate representation to the court staff on the amount of time that you believe the hearing will require.
Civil cases
Page 1 | B. Video Conferences
When scheduling a hearing, parties must give the Clerk of the Court an accurate estimate of the time the hearing will require.
Be respectful when setting the hearing by giving an accurate estimate of time for your hearing to the Clerk of the Court.
Civil cases
Page 1 | A. Telephonic Hearings
However, if you do not feel you have the capability to participate in a video conference please inform the court so that accommodations can be made.
However, if you do not feel you have the capability to participate in a video conference please inform the court so that accommodations can be made.
Civil cases
Page 1 | B. Video Conferences
Call the clerk to request an expedited hearing.
Please call the clerk if you would like an expedited hearing.
Civil cases
Page 1 | EXPEDITED HEARINGS
Video conference appearances and witnesses are permitted; the movant must schedule with the clerk and set up the services.
The Court permits appearances and the calling of witnesses at hearings and trial through video conferencing services such as Skype and Face-Time. Please call the clerk to schedule a video conference appearance. It is the responsibility of the movant to set up such services.
Civil cases
Page 1 | APPEARANCE BY SKYPE/FACE-TIME
Contact Melissa Torres by phone or email for matters relating to trials, continuances, retain/reinstatement motions, and DWOP dockets.
For matters relating to trials, continuances, retain and reinstatement motions, and DWOP docket's, contact: Melissa Torres at 832-927-2553 or Melissa_torres@justex.net
Civil cases
Page 1 | CONTACTING THE COURT
Contact the lead clerk by phone for matters relating to hearings and motions.
For matters relating to hearings and motions, contact: Lead Clerk: Jimmy Rodriguez at 832-927-2550 Alyssia Henderson at (832) 927-2550
Civil cases
Page 1 | CONTACTING THE COURT
Call the court clerk to obtain an oral hearing date and time.
Call the court clerk for a hearing date and time.
Civil cases
Page 1 | ORAL HEARING DOCKET
Contact the clerk or check the District Clerk's website to determine the status of orders and motions.
Contact the clerk for the status of any agreed or unopposed orders submitted to the Court. To determine whether the Court has ruled on a motion please check the District Clerk’s website or contact the Court clerks for status.
Civil cases
Page 1 | CONTACTING THE COURT
Call the court clerk to schedule a hearing on a motion.
Please call the court clerk to schedule a hearing on a motion.
Civil cases
Page 1 | MOTIONS
Contact Elizabeth Cordova by phone for information relating to transcripts.
For information relating to transcripts, contact: Elizabeth Cordova at 832-927-2554
Civil cases
Page 1 | CONTACTING THE COURT
Tax hearing/trial dockets are every other Friday at 1:30 p.m.; contact the clerk for hearing dates and coordinator for trial questions.
The Court conducts its tax hearing and trial dockets every other Friday at 1:30p.m. Please contact the court clerk for a hearing date and time. Please contact the court coordinator regarding any questions about trial dates.
Civil cases
Page 1 | TAX DOCKET
Appearances by phone are permitted; contact the clerk to schedule a telephone appearance.
The Court permits appearances at hearings by phone. Please contact the Court’s clerk to schedule an appearance by telephone.
Civil cases
Page 1 | APPEARANCE BY PHONE
Junior Lawyer Participation Incentives
The Court encourages opportunities for lawyers practicing less than 4 years to participate in hearings or trials, especially when they drafted the underlying motion.
The Court strongly encourages the lawyers to provide opportunities for young lawyers (practicing less than 4 years) to participate in hearings or trials particularly when the young lawyer drafted or contributed significantly to the underlying motion and response.
Civil cases
Page 1 | YOUNG LAWYERS