Judge Michael Gomez
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Emergency Hearing Motions
- 1 copy
Letter
Pleadings
Adjournments
Court-wideRequest must include
Communication
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Court-wideDocument Filing Requirements7 rules
You must attach a copy of the discovery response at issue or state verbatim the request and answer in the body of your motion. Proposed orders should list each discovery issue separately.
Motions for substituted service under Rule 106 must include an affidavit with specified information regarding service attempts and residence verification.
Court's wording
All motions for Substituted Service under Rule 106 must be accompanied by an affidavit that includes the following information or they are subject to being denied: Efforts taken 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 the driveway or other indications that defendant actually resides at the subject address.
Please include an order denying your opponent’s motion.
Please include an order with every motion filed.
Motions to withdraw as attorney of record will be considered only if the motion includes the required notices, statements, certificates, and client notification letters.
Court's wording
Because motions to withdraw as attorney of record usually impose the burden of a pro se case on opposing parties and the Court, they will be granted on a case by case basis. The following must be filed before any such motion will be considered: 1. Notice of hearing or submission. 2. A statement of the particular circumstances and disciplinary rules requiring withdrawal. A general statement such as “irreconcilable conflicts” is not enough. Matters which are confidential may be filed under seal. 3. A certificate by the attorney of record of the client’s name, address, and telephone number, whether such information is current, or if not current, when it was last known to be correct. 4. 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 extension will be granted to the pro se client in order to obtain other counsel; & (e) notice of submission or hearing at which the motion to withdraw will be considered. 5. In addition to the items described in #4 above, if the client is a corporation, the attorney must notify the client that a corporation cannot proceed pro se and if the corporation has not obtained new counsel within 30 days, a default judgment may be entered against the corporation if it is a defendant or its claims will be dismissed if it is a plaintiff. 6. A signed acceptance of the terms of the letter described in item 4, if the client has agreed to the withdrawal. If the client has not agreed to the withdrawal, proof of service of the letter described in items 4 & 5 must be filed.
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 to which you except. Proposed orders should list each exception separately.
Severance orders must delineate the parties, claims, and pleadings incorporated into the severed case.
Court's wording
The order granting severance should properly delineate the parties and claims remaining and being severed, respectively, as well as the pleadings being incorporated into the severed case, as appropriate.
Filing & Service rules
Electronic Filing Rules
The court requires mandatory electronic filing and does not accept filings by email or fax except for free fax filing until new e-filing rules take effect.
The 129th District Court is a mandatory e-file Court. The Court does not accept filings by e-mail or fax (except via free fax filing and only until the newly promulgated e-filing rules take effect).
Civil cases
Page 1 | I. FILING
Filing Timing and Cure Windows
Motions set for submission must be noticed for submission at least ten (10) days from filing, except on leave of the Court.
Motions set for submission must be noticed for submission at least ten (10) days from filing, except on leave of the Court.
Civil cases
Page 1 | IV. SUBMISSION DOCKET
Service and Proof of Service Rules
At least five days written notice of a hearing must be given to all parties, subject to exceptions.
The Court requires at least five (5) days written notice (usually the Wednesday before the Monday hearing) to all parties, unless otherwise shortened by the Court, agreed to by all parties or the Texas Rules of Civil Procedure require different deadlines.
Civil cases
Page 1 | II. ORAL HEARING DOCKET
Courtesy Copy Requirements
When filing a motion for an emergency hearing, a courtesy copy must be sent directly to the Clerk.
If only one side thinks it is an emergency, please file a motion for emergency hearing. Please send a courtesy copy directly to the Clerk who will then give it to the judge to review and set an expedited hearing time or provide further guidance to the parties, as appropriate.
Civil cases
Page 1 | V. EMERGENCIES
A courtesy copy of any pleading filed within 24 hours of a hearing or submission date must be submitted.
The Court requires a courtesy copy of any pleadings that are filed within 24 hours of the hearing or submission date.
Civil cases
Page 1 | VI. MOTIONS IN GENERAL
A courtesy copy of a special setting request letter must be sent to the Clerk.
that you are unable to secure a hearing date as soon as necessary on the Court's regular oral hearing docket, or if you require a special setting, please file a letter with the Court, and serve it on all parties, requesting a special setting with alternative dates that are convenient for all parties and the date by which you are requesting the matter be heard by the Court. Please send a courtesy copy of the letter to the Clerk who will then give it to the judge for review.
Civil cases
Page 1 | II. ORAL HEARING DOCKET
Sealing & Redaction Procedures
Confidential matters in withdrawal motions may be filed under seal.
Matters which are confidential may be filed under seal.
Civil cases
Page 1 | XII. Motions to Withdraw as Attorney of Record
Pre-Motion Conference Requirements
Before filing most motions, counsel must confer with opposing counsel and include a detailed certificate of conference, with exceptions for specified motion types.
With the exception of dispositive motions, motions for voluntary dismissal non-suits, post-verdict motions, and motions involving service of process, you must confer with opposing counsel prior to filing a motion and include a detailed certificate of conference.
Civil cases
Page 1 | VI. MOTIONS IN GENERAL
Chambers Communication Rules
For temporary injunction hearings, counsel must call the Clerk before the scheduled hearing to advise readiness and duration, and must not bring witnesses until after speaking with the Clerk.
Please call the Clerk before your scheduled hearing. Temporary Injunctions are automatically set on Monday at 3:30 p.m. It is imperative that we know whether or not you are ready to proceed with the hearing and how long the hearing will take. We may need to reschedule your hearing and extend the TRO until a convenient time for the Court. Do not bring your witnesses to Court until you have spoken to the Clerk!
Civil cases
Page 1 | XVI. TEMPORARY INJUNCTIONS
If both sides agree to an emergency hearing, counsel must call the Clerk to request a phone conference or oral hearing with the judge.
If both sides agree to an emergency hearing, please call the Clerk and request a phone conference or an oral hearing with the judge.
Civil cases
Page 1 | V. EMERGENCIES