Judge Shawn Thierry
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Filings > 20 pages
Motion
Adjournments
- A summary-judgment motion cannot be passed; the party must proceed or withdraw, and a reset request must comply with Rule 166a and is allowed only if that rule authorizes it.
- An agreed motion for continuance does not bind the Court and will be granted only at the Court’s discretion.
- A first continuance may be granted for good cause or party agreement if filed sufficiently before trial; an agreed request needs no hearing unless the Court determines one is necessary.
- +1 more
Request must include
Communication
Phone
Clerk
Phone
Court-wideDocument Format Requirements8 rules
Counsel must also provide the Court Reporter with a thumb drive containing an electronic copy of their exhibits.
Any demonstrative or blow-up exhibit must also be marked and tendered in an 8½ x 11 format.
No party shall present videotaped deposition testimony at trial in which the excerpts shown to the jury exceed twenty (20) minutes without first obtaining leave of Court.
Each party shall provide the Court with an electronic copy in Microsoft Word format no later than 4:00 p.m. on the day before trial begins.
- File type
- Word
Plaintiff’s exhibits must be marked with “Plaintiff’s Exhibit” stickers; Defendant’s exhibits must be marked with “Defendant’s Exhibit” stickers. Exhibits shall be numbered, not lettered.
Formatting
- •Number exhibits; do not letter them
Exhibits must be clearly labeled (without using all capital letters) and filed as separate documents.
Formatting
- •File exhibits as separate documents
Multi-page exhibits must be stapled, bound, or otherwise securely assembled.
- Binding
- Securely bound
In some instances, the Court may require that longer or more complex proposed orders be emailed to the Clerk in Word format.
Document Filing Requirements53 rules
Any attempt at prohibited ex parte communication must be promptly disclosed to all parties involved in the case and documented in the court record.
The parties must prepare, exchange, and bring a Trial Notebook to the pretrial conference containing live pleadings, detailed witness lists, exhibit lists and copies, motions in limine and objections, deposition extracts and objections, and proposed jury charges.
Court's wording
The parties must prepare, exchange, and bring to the pretrial conference a Trial Notebook containing the following: Live pleadings; Witness lists (with a brief description of the general subject matter of each witness’s anticipated testimony and the 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.
Discovery motions and proposed orders must identify each issue, disputed request, or objection separately.
- Document
- Motion
Must include
- •Proposed order
Court's wording
The motion and proposed order must identify each discovery issue separately. Proposed orders shall list each disputed request or objection individually, allowing the Court to grant or deny relief as to each item.
When submitting documents, counsel shall enter the full title of the pleading in the description field.
When submitting a proposed order, include a cover letter stating whether the order is agreed as to form.
The parties shall exchange a proposed jury charge before trial. Each party shall provide the Court with an electronic copy in Microsoft Word format no later than 4:00 p.m. on the day before trial begins.
If the defaulting party was served at an address different from the one listed on the citation, the movant must file a Motion to Amend Citation. This motion should request that the citation be amended to reflect the address where valid service was achieved and should include a proposed Order to Amend Citation.
- Document
- Motion
Must include
- •Proposed order
If citing an unpublished opinion, counsel shall provide the Westlaw citation.
A Non-Military Affidavit that complies with recent amendments to the Soldiers and Sailors Relief Act must be submitted with the motion.
All motions and responses shall be accompanied by a proposed order. This requirement includes objections to summary judgment evidence.
- Document
- Motion
Must include
- •Proposed order
Before any hearing or trial, counsel must identify themselves to the Court Reporter, provide a business card with current contact and bar information, and provide a glossary and copies of cited cases.
Court's wording
Before any hearing or trial, counsel must identify themselves to the Court Reporter and provide a business card reflecting their current address, telephone number, and State Bar number. Counsel shall also provide the reporter with (1) a glossary of names and technical terms expected to be used and (2) copies of any case citations that will be referenced.
For Level 3 cases requiring special scheduling, the parties must prepare and submit an agreed scheduling order for Court approval.
Court's wording
For Level 3 cases requiring special scheduling considerations—such as an extended discovery period or an abbreviated trial setting—the parties shall prepare and submit an agreed scheduling order for the Court’s approval.
A Rule 106 motion for substituted service must include an affidavit detailing address verification efforts, each service attempt, people and vehicles observed, and facts showing the defendant will receive notice.
Court's wording
Motions for substituted service under Texas Rule of Civil Procedure 106 must be supported by an affidavit that includes: The efforts made to verify that the defendant resides or works at the address in question; Each attempt at service, including the date and time; The identity of any persons present at the address and what was said; The identity of any vehicles observed or other indicia that the defendant resides at the address; and Any additional facts demonstrating that the defendant will receive notice through the requested method of substituted service.
Counsel shall also submit a proposed form of judgment for the Court’s consideration.
A certificate of conference is required for motions, pleas, and special exceptions, except for the listed categories.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
A certificate of conference is required on all motions (including discovery motions), pleas, and special exceptions except: · Motions for Summary Judgment; · Default Judgments; · Agreed Judgments; · Motions for Voluntary Dismissal or Non-Suit; · Post-Verdict Motions; and · Motions involving service of citation
A party setting a matter on the submission docket shall file a Notice of Submission identifying the exact title of each motion and serve all counsel and self-represented parties.
Page and line designations for deposition testimony, along with a non-condensed copy of the transcript, must be provided to the Court Reporter before the testimony is offered.
All redactions must be completed before an exhibit is offered. If an exhibit is redacted after admission, it shall be re-marked as an “A” exhibit, and the original unredacted version shall be retained by the Court Reporter for the record.
Copies of any PowerPoint presentations and any case law to be referenced shall be provided to the Court Reporter at the same time they are provided to the Court.
When reading deposition testimony into the record, counsel must state “Question” and “Answer” before each respective portion.
A movant requesting an oral hearing on summary judgment must state the request in the motion title; otherwise, the motion will be placed on the submission docket.
Court's wording
If a movant requests an oral hearing, the request must appear in the title of the motion. For example: “[Party’s] Traditional Motion for Summary Judgment and Request for Oral Hearing.” If the request for oral hearing does not appear in the title of the motion, the motion will be placed on the Court’s submission docket.
Do not combine multiple motions into a single proposed order.
Once an exhibit is offered—whether admitted or not—it must be tendered to the Court Reporter. An exhibit number, once assigned, may not be reused.
To request an emergency hearing, a party must file a written emergency motion that provides a detailed explanation establishing the basis for emergency relief.
The number of continuance MUST be included in the order. EX. "Plaintiffs order for a 3rd continuance"
The parties shall file an Agreed Motion for Appointment of Guardian Ad Litem and a proposed Order Appointing Guardian Ad Litem.
- Document
- Motion
Must include
- •Proposed order
A certificate of conference stating only that a letter or email was sent to opposing counsel and no response was received does not constitute a proper certificate of conference.
Include
- •Certificate of conference
An email to, or telephone call with, the Clerk advising of an intent to withdraw the motion is insufficient and does not constitute withdrawal or compliance with Rule 166a.
*If the parties request or agree to a summer trial setting, they must also expressly waive any vacation letters that would conflict with that setting.
If the parties seek to amend the Docket Control Order in addition to continuing the trial setting, the motion must expressly request such relief and the proposed order state that a new scheduling order will be entered. Alternatively, the parties may submit a proposed amended scheduling order for the Court’s consideration.
- Document
- Motion
Must include
- •Proposed order
Motions that do not include a certificate confirming that counsel has actually spoken with opposing counsel regarding the requested relief—or explaining why such a discussion has not occurred—will be passed.
If a party intends to question a witness about an exhibit, counsel must have a complete set of the relevant exhibits available for that witness while the witness is on the stand.
The motion must state the basis for the severance.
- Document
- Motion
Must include
- •State the basis for the severance
To withdraw a summary-judgment motion, file a written notice titled “Notice of Withdrawal of Motion for Summary Judgment” that identifies the original filing date.
Court's wording
To withdraw a motion for summary judgment, the party must file a written notice of withdrawal with the Court. The notice shall be titled “Notice of Withdrawal of Motion for Summary Judgment” and, pursuant to Rule 166a, as amended, must identify the date the motion was originally filed.
The proposed order MUST include a date or in the alternative, a blank line for the Court to consider or insert the new trial date.
Any party seeking an oral hearing on a motion set on the submission docket must file a written request.
A Guardian Ad Litem is required in all settlements involving minor children.
If a non-movant requests an oral hearing, the request must appear in the title of the response.
In addition, counsel must prepare and exchange proposed Findings of Fact and Conclusions of Law, as well as any closing argument briefs, and provide copies to the Court.
A default-judgment motion seeking attorney’s fees must include a competent-evidence affidavit addressing counsel’s experience, work performed, time spent, and hourly rate.
Court's wording
When seeking attorney’s fees in a motion for default judgment, the movant must include an affidavit providing competent evidence to support the claim. At a minimum, the affidavit should address: (1) counsel’s experience; (2) the work performed in the case; (3) the time spent performing that work; and (4) the hourly rate charged.
Before trial begins, each party shall provide the Court Reporter with its marked original exhibits and a corresponding exhibit list.
Accurate exhibit lists must be provided to both the Court and the Court Reporter.
The Court does not use Lexis; Lexis citations are not acceptable unless a copy of the unpublished opinion is provided to the Court.
Once a hearing date is assigned, the requesting party must file a Notice of Oral Hearing and serve it on all counsel and self-represented litigants. The notice must state the exact title of each motion to be heard.
The motion must also reflect that notice has been provided to all opposing counsel or self-represented parties, or must explain with specificity why notice could not be given.
Summary judgment evidence should be filed or attached contemporaneously with the motion or response rather than incorporated by reference to materials previously filed.
The Court may pass any hearing on a motion filed without a proposed order.
The proposed Order of Severance should include the following: The style of the severed case; The cause number; The parties to be included in the severed case; The pleadings to be severed into the new file; Whether the severance order disposes of the severed case or whether the severed case will remain active; and The party responsible for payment of court costs and severance fees.
The parties shall not request a particular Guardian Ad Litem for appointment, and the Court does not appoint Guardian Ad Litems selected or agreed upon by the parties or counsel.
Such motions must be clearly labeled “Agreed” or “Unopposed.”
- Document
- Motion
Must include
- •“Agreed” or “Unopposed.”
The Court does not provide copying services. Each party is responsible for bringing sufficient copies of all exhibits for use at the hearing or trial.
It is not necessary to submit the Association’s complete declarations. Only the lien foreclosure provisions are required for the Court’s review. Likewise, only the property description from the deed must be submitted for the Court’s consideration.
The Court prefers that the Supreme Court Ad Litem Fee Report be filed in advance of the hearing; however, it is not required in order to obtain a hearing date.
Filing & Service rules
Electronic Filing Rules
All cases filed in the 515th Civil District Court must be filed electronically.
In accordance with the Local Rules of the Harris County District Courts, all cases filed in the 515th Civil District Court must be electronically filed.
Civil cases
Page 1 | MANDATORY ELECTRONIC FILING
Filing Timing and Cure Windows
The electronic jury-charge copy is due by 4:00 p.m. on the day before trial begins.
Each party shall provide the Court with an electronic copy in Microsoft Word format no later than 4:00 p.m. on the day before trial begins.
Civil cases
Page 1 | Court’s Charge
A motion challenging expert testimony must be filed and set for hearing at least 30 days before trial.
Any motion to exclude or otherwise challenge expert testimony must be filed and set for hearing at least thirty (30) days before trial.
Civil cases
Page 1 | Expert Challenges
Responsive pleadings are due by 12:00 p.m. on the last business day before the hearing, and late responses will not be considered.
Any responsive pleading must be filed by 12:00 p.m. on the last business day before the hearing. Late-filed responses will not be considered.
Civil cases
Page 1 | Oral Hearings
A no-evidence summary-judgment motion filed before discovery ends will likely be denied without prejudice; counsel should consult the Docket Control Order on timing.
Any no-evidence motion for summary judgment filed before the discovery period has elapsed will likely be DENIED without prejudice. Counsel should consult the Docket Control Order regarding the appropriate timing for filing such motions.
Civil cases
Page 1 | Motions for Summary Judgment: Rule 166a
If no final judgment or other dispositive filing is submitted within 14 days after settlement notification, the case may be dismissed, although the Court may extend the deadline.
If a final judgment or other dispositive filing is not submitted within fourteen (14) days after the Court is notified of the settlement, the case may be dismissed for want of prosecution. The Court may extend this deadline if appropriate.
Civil cases
Page 1 | Settlement Announcements
Motions for severance should be set on the submission docket for a Monday at 8:00 a.m., with 10 days’ notice.
Motions for Severance should be set on the submission docket, any Monday at 8:00 a.m. with ten days’ notice.
Civil cases
Page 1 | Motions for Severance
Service and Proof of Service Rules
If a hearing is passed, counsel must promptly notify the Clerk at 832-927-3795 and all parties.
If a hearing is passed, counsel must promptly notify the Clerk at 832-927-3795 and all parties.
Civil cases
Page 1 | Oral Hearings
The requesting party must serve the Notice of Oral Hearing on all counsel and self-represented litigants after a hearing date is assigned.
Once a hearing date is assigned, the requesting party must file a Notice of Oral Hearing and serve it on all counsel and self-represented litigants.
Civil cases
Page 1 | Oral Hearings
A Notice of Submission must be served on all counsel and self-represented parties when setting a matter on the submission docket.
A party setting a matter on the submission docket shall file a Notice of Submission identifying the exact title of each motion and serve all counsel and self-represented parties.
Civil cases
Page 1 | Submission Docket
The movant must give defaulting parties and other appearing parties 10 days’ notice of the hearing and motion by regular and certified mail, and certify service.
The Court requires the movant to provide defaulting parties, as well as any other parties who have appeared in the case, with 10 days’ notice of the hearing and the default motion. Notice must be sent via regular and certified mail, and the movant must certify this action in a certificate of service.
Civil cases
Page 1 | Motions for Default Judgment
The parties must receive written notice identifying the specific documents delivered to the Court as courtesy copies.
Written notice must also be provided to all parties identifying the specific documents delivered to the Court.
Civil cases
Page 1 | Courtesy Copies
Counsel must retain a personal copy of the exhibits and provide copies to opposing counsel and the Court.
Counsel shall retain a copy for personal use and must provide copies of their exhibits to opposing counsel and to the Court.
Civil cases
Page 1 | COURT RECORDS/TRANSCRIPTS/EXHIBITS
After the Clerk provides a hearing date, the requesting party must give all parties notice of the hearing.
The Clerk will provide a hearing date, and the requesting party must give notice of the hearing to all parties.
Civil cases
Page 1 | Submission Docket
If a courtesy copy is highlighted or otherwise marked, the submitting party must provide all other parties an identical copy.
If a courtesy copy contains highlighting or other markings, the submitting party must provide all other parties with an identical copy of what was provided to the Court.
Civil cases
Page 1 | Courtesy Copies
The parties are expected to exchange motions in limine, exhibit lists, witness lists, and deposition excerpts no later than one week before trial.
However, the parties are expected to exchange motions in limine, exhibit lists, witness lists, and deposition excerpts no later than one week before trial.
Civil cases
Page 1 | Pretrial Orders/Matters
Courtesy Copy Requirements
A courtesy copy of the filing and exhibits is required when a pleading exceeds 20 pages or contains more than 50 pages of exhibits.
Parties filing pleadings exceeding 20 pages or containing more than 50 pages of exhibits must provide the Court with a courtesy copy of the filing and exhibits.
Civil cases
Page 1 | Courtesy Copies
A courtesy copy must include the proposed order, latest live pleading and answer, current Docket Control Order, and cited unpublished authority.
The courtesy copy must also include a copy of the proposed order, the latest live pleading and answer, the current Docket Control Order, and any unpublished legal authority cited in the filing—particularly if the authority is available only through Lexis.
Civil cases
Page 1 | Courtesy Copies
For a motion containing hyperlinks, counsel may provide a USB thumb drive copy with any required courtesy copies.
If a motion contains hyperlinks, counsel may provide a courtesy copy of the motion on a USB thumb drive with any required courtesy copies.
Civil cases
Page 1 | Citations and Hyperlinks
Pre-Motion Conference Requirements
Contested motions to withdraw must always be set for oral hearing and will be granted only when absolutely necessary.
Contested motions to withdraw must be set for oral hearing in all circumstances and will be granted only when absolutely necessary.
Civil cases
Page 1 | Motions to Withdraw as Counsel
Motions to withdraw must be set for oral hearing unless they strictly comply with Texas Rule of Civil Procedure 10 and are signed by all parties and attorneys of record.
All motions to withdraw as counsel must be set on the Court’s oral hearing docket unless the motion strictly complies with Texas Rule of Civil Procedure 10 and is signed by all parties and all attorneys of record.
Civil cases
Page 1 | Motions to Withdraw as Counsel
Mediation is required in every case after the Docket Control Order issues or before the trial date.
The Court does require mediation in every case following the docket control order issued or before the trial date issued.
Civil cases
Page 1 | MEDIATION
Before the Court considers a motion requiring a conference, the movant must confer directly and person-to-person with opposing counsel.
The movant must confer directly, person-to-person, with opposing counsel before the Court will consider any motion requiring a conference.
Civil cases
Page 1 | Certificates of Conference
Motions to compel and other motions related to discovery disputes must be set on the oral hearing docket.
All motions to compel, and any motion related to discovery disputes, must be set on the oral hearing docket.
Civil cases
Page 1 | Discovery Disputes
Default-judgment motions based on unpaid assessments or deed-restriction violations must be set for oral hearing.
Motions for Default Judgment based on unpaid assessments or deed restriction violations must be set for oral hearing.
Civil cases
Page 1 | Special Note Regarding Homeowners’ Association Defaults
Parties are expected to make every reasonable effort to resolve discovery disputes before seeking judicial intervention, and may file a motion to compel if those efforts fail.
The Court expects parties to make every reasonable effort to resolve discovery disputes without judicial intervention. If those efforts are unsuccessful, a party may file a motion to compel.
Civil cases
Page 1 | Discovery Disputes
Motions for substituted service are placed on the submission docket, and no notice of submission is required.
Motions for substituted service will be placed on the submission docket; no notice of submission is required.
Civil cases
Page 1 | Rule 106 Motions for Substitute Service
Default judgments seeking liquidated damages may be set on the submission docket.
Default judgments seeking liquidated damages may be set on the submission docket.
Civil cases
Page 1 | Motions for Default Judgment
Adjournment & Extension Requirements
A summary-judgment motion cannot be passed; the party must proceed or withdraw, and a reset request must comply with Rule 166a and is allowed only if that rule authorizes it.
Passing a motion for summary judgment is not permitted under Rule 166a, as amended. A party must either proceed on the motion or withdraw it. Any request to reset the hearing or submission must strictly comply with Rule 166a and will be granted only if authorized by the rule.
Civil cases
Page 1 | Summary Judgment Settings: Submission and Oral Hearings
A continuance request after the first reset must demonstrate substantial need, be set for oral hearing whether agreed or opposed, and follow a prefiling conference with the Court Coordinator.
Any request for a continuance after the first reset must demonstrate a substantial need to delay the trial setting and must be set for oral hearing, regardless of whether the motion is agreed or opposed. Before filing such a motion, counsel must confer with the Court Coordinator regarding the Court’s procedures.
Civil cases
Page 1 | TRIAL CONTINUANCES
A first continuance may be granted for good cause or party agreement if filed sufficiently before trial; an agreed request needs no hearing unless the Court determines one is necessary.
A first continuance requested by either party (plaintiff or defendant) may be granted for good cause or upon agreement of the parties, provided the motion is filed sufficiently in advance of the trial setting. If agreed, a hearing is not required unless, upon review of the motion, the Court determines that one is necessary.
Civil cases
Page 1 | TRIAL CONTINUANCES
An agreed motion for continuance does not bind the Court and will be granted only at the Court’s discretion.
Agreed motions for continuance are not binding on the Court and will be granted only at the Court’s discretion.
Civil cases
Page 1 | TRIAL CONTINUANCES
Chambers Communication Rules
Written or email communications about substantive case issues must be shared with all parties.
Receiving written or email communications from a party or their representative about substantive issues in a case without sharing them with all parties.
Page 1 | Prohibited Ex Parte Communications
Promptly disclose any attempted prohibited ex parte communication to all parties and document it in the court record.
Any attempt at prohibited ex parte communication must be promptly disclosed to all parties involved in the case and documented in the court record.
Page 1 | Reporting Violations
Substantive matters should not be addressed through informal channels such as email, phone calls, or personal meetings outside of court.
Substantive matters should not be addressed through informal channels such as email, phone calls, or personal meetings outside of court.
Page 1 | Official Proceedings for Substantive Communications
Substantive communications with the Court that are not otherwise prohibited must occur only in official proceedings.
All substantive communications with the Court that are not otherwise prohibited by the rule against ex parte communications must take place only in official proceedings.
Page 1 | Official Proceedings for Substantive Communications
Do not discuss a case’s merits when only one party or that party’s attorney is present.
Discussions about the merits of a case with only one party or their attorney present.
Page 1 | Prohibited Ex Parte Communications
Do not discuss a case’s facts or legal arguments outside official court proceedings or properly noticed meetings.
Engaging in conversations about a case's facts or legal arguments outside of official court proceedings or properly noticed meetings.
Page 1 | Prohibited Ex Parte Communications
Ex parte communication about a pending or impending matter before the court is prohibited.
Ex parte communication regarding a pending or impending matter before the court is strictly prohibited.
Page 1 | Prohibited Ex Parte Communications
A party must obtain the Court’s advance permission to appear by telephone.
Permission to appear by telephone must be obtained in advance from the Court.
Civil cases
Page 1 | Telephonic Appearances
If a hearing is passed, counsel must promptly notify the Clerk and all parties.
If a hearing is passed, counsel must promptly notify the Clerk at 832-927-3795 and all parties.
Civil cases
Page 1 | Oral Hearings
File a proposed Final Judgment before contacting the Clerk to obtain a minor-settlement hearing date.
A proposed Final Judgment must be filed before contacting the Clerk to obtain a hearing date on the minor’s settlement.
Civil cases
Page 1 | Settlements Involving Minor Children
Before a temporary-injunction hearing, counsel must contact the Clerk to confirm service, readiness, estimated hearing length, and expected witness count.
Before the hearing, counsel must contact the Clerk to confirm that all necessary parties have been served, that the matter is ready to proceed, the estimated length of the hearing, and the number of witnesses expected to testify.
Civil cases
Page 1 | TEMPORARY INJUNCTIONS
To seek approval for a telephonic appearance, counsel must contact the Clerk for a hearing date to present specific reasons to the presiding Judge.
To request approval, counsel must contact the Clerk and request a hearing date to provide specific reasons demonstrating why a telephonic appearance is necessary to the presiding Judge.
Civil cases
Page 1 | Telephonic Appearances
Request daily transcript copy at least one week before trial and notify opposing counsel.
Requests for daily copy must be made at least one week before trial, and opposing counsel must be notified of the request.
Civil cases
Page 1 | COURT RECORDS/TRANSCRIPTS/EXHIBITS
A default judgment seeking unliquidated damages requires an oral hearing, which must be set by contacting the Clerk after filing the motion.
Default judgments seeking unliquidated damages require an oral hearing. Contact the Clerk to set the hearing after filing the motion.
Civil cases
Page 1 | Motions for Default Judgment
Hearings, trials, and properly noticed conferences are official proceedings for substantive communications.
This includes hearings, trials, and properly noticed conferences.
Page 1 | Official Proceedings for Substantive Communications
The Court may require longer or more complex proposed orders to be emailed to the Clerk in Word format.
In some instances, the Court may require that longer or more complex proposed orders be emailed to the Clerk in Word format.
Civil cases
Page 1 | Proposed Orders
Emergency communications requiring immediate attention for the safety and well-being of people involved in a case are acceptable.
Emergencies that require immediate attention for the safety and well-being of individuals involved in a case.
Page 1 | Acceptable Communications
General questions about court procedures, policy, or local rules are acceptable if no specific case details are discussed.
General questions about court procedures, policy, or local rules, provided no specific case details are discussed.
Page 1 | Acceptable Communications
Scheduling, administrative, and logistical communications that do not address substantive issues are acceptable.
Scheduling, administrative, or logistical matters that do not address substantive issues.
Page 1 | Acceptable Communications