Judge Sonya L. Aston
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Proposed Findings Conclusions
Communication
Phone
Clerk
Phone
Clerk
Phone
Clerk
Document Format Requirements11 rules
All Motions and Proposed Orders MUST be double spaced.
- Line spacing
- Double
- Motion
- Proposed order
All Oral hearings are In-Person ONLY.
All hearings are held in person
Formatting
- •All hearings held in person
Motions for Summary Judgment are to be heard by Submission ONLY.
Pleas to the Jurisdictions and 91A Motions are to be heard on the Oral Docket ONLY.
Plaintiff’s exhibits are to be marked with red “Plaintiff’s Exhibit” stickers. Defendant’s exhibits are to be marked with blue “Defendant’s Exhibit” stickers.
Exhibits with multiple pages should be stapled, bound and/or assembled so that they may be accurately preserved.
Use only numbers when marking exhibits instead of letters.
- Exhibits
Formatting
- •Mark exhibits using numbers rather than letters
Further, please edit the video depositions to remove long pauses between questions and answers, etc.
Only when actually assigned to trial, the parties should make arrangements with the Trial Coordinator to e-mail their proposed charge to the court in Microsoft Word format so that the court may compile the court’s charge as the trial proceeds.
- File type
- Word
- Jury charge
For over-sized exhibits, identify an 8.5 x 11 sized copy as an exhibit.
Document Filing Requirements85 rules
New case number, court number, case type and new style name;
Identity of persons who were present at the subject address and what was said; and
Efforts taken to verify that defendant actually lives or works at the subject address;
Final orders MUST state that the order disposes of all claims and all parties and is intended to be a final, appealable order.
Indicate attorney name, address and bar number to whom costs for the severance are to be assessed; and
An indication of whether or not the client consents to the motion;
All motions AND proposed orders to withdraw as attorney of record MUST contain the following:
A printout of some public record or Public Data.com or similar online database confirming that the person to be served actually resides at the address at which service is being attempted.
This should be expressly stated one way or the other in the motion for severance.
Once you have scheduled any hearing date with the court clerk, follow up with a notice of oral hearing or (if applicable) notice of written submission.
All motions for substituted service under Rule 106 must be accompanied by an affidavit that includes the following information:
Indicate the severance case's status, and whether the new case file is interlocutory (not a final appealable matter) or whether severance will cause the newly severed matter to be final and appealable upon severance.
Motions and notices of non-suit as well as orders of non-suit should expressly state that they are being filed pursuant to Rule 162 of the Texas Rules of Civil Procedure.
An indication that the motion to withdraw and notice of the hearing or notice of submission was provided to the client, including evidence of mailing the motion to the client;
All certificates of conference must be explicit as to the party’s efforts to resolve the motion with all other parties/counsel prior to filing.
Please submit the proper non-military affidavit by visiting the Defense Manpower Data Center’s (DMDC) Military Verification service at https://scra.dmdc.osd.mil.
The last known mailing address, email, phone and fax number of client; and
Notice to client that client has the right to appear at the hearing to object to the motion or file a response prior to the submission of the motion;
Every continuance or reset motion must identify its sequence number, whether agreed, unopposed, or opposed.
Court's wording
ALL continuance or reset motions (whether agreed, unopposed or opposed) MUST state what number continuance motion is being filed (i.e. “Plaintiff’s First” or “Defendant’s Second” or “Third Agreed Motion,” etc.).
The conference-certificate requirement extends to motions, pleas, and special exceptions, except for the listed categories.
- Document
- Motions pleas and special exceptions
Must include
- •Certificate of conference
Court's wording
The certificates of conference required by the TRCP are extended to all motions, pleas and special exceptions except summary judgments, default judgments, agreed judgments, motions for voluntary dismissal or non-suit, post-verdict motions and motions involving service of citation.
List of original pleadings to be severed out and transferred to the new case (together with a listing of the document type, activity date for the document, number of pages and image number);
Reference the parties in the new suit;
Include
- •Reference the parties in the new suit
Motions for trial or pretrial deadline continuances MUST to be accompanied by an appropriate affidavit, unless they are agreed.
Every continuance or reset motion must identify its sequence number, whether agreed, unopposed, or opposed.
Court's wording
In addition, ALL continuance or reset motions (whether agreed, unopposed or opposed) MUST state what number continuance motion is being filed (i.e. “Plaintiff’s First” or “Defendant’s Second” or “Third Agreed Motion,” etc.).
All non-suits, dismissals and judgments should be titled as interlocutory or final.
File your motion or other document with a certificate of service, (include certificate of conference as required by the TRCP) and a proposed order each time you ask the Court to grant or deny relief.
- Document
- Motion or other document seeking relief
Must include
- •Proposed order
- •Certificate of service
- •Certificate of conference
If a party was unable to reach the other side prior to filing the motion, the certificate should state the efforts to communicate with that party, and should always be supplemented as soon as possible after the parties have actually conferred.
Motions must have certificates of conference as required by the Texas Rules of Civil Procedure and our local rules.
- Document
- Motion
Must include
- •Certificate of conference
All discovery motions or requests for hearings relating to discovery must contain a certificate by the party filing the motion or request that a reasonable effort has been made to resolve the dispute without the necessity of Court intervention and the effort failed.
Please make clear in your motion and proposed judgment whether the judgment will be final (disposing of all claims and all parties) or interlocutory (partial).
All motions AND orders for severance MUST contain the following:
If a motion is actually agreed, the motion and order should contain signature blocks for all parties that are agreed to the relief requested, and should state “AGREED AS TO SUBSTANCE AND FORM AND ENTRY REQUESTED.”
Any Rule 106 Motion should be accompanied by the court’s form order.
Interlocutory orders should expressly list which parties and claims are being dismissed and which remain (if any).
Each attempt at service, with date(s) and time(s)A total of 6 attempts are required. Must have at least 1 before 7:30 AM and 2 after 6:00 PM.
These motions DO require a certificate of conference, as opposing counsel has a right to be heard on these motions.
- Document
- Motion to withdraw as attorney of record
Must include
- •Certificate of conference
The parties must exchange the listed trial materials before Docket Call.
Court's wording
The Court requires the parties to actually exchange proposed Jury Charges, Motions in Limine, Exhibit Lists, actual exhibits, party/attorney lists, Witness Lists, and deposition excerpts BEFORE the Docket Call.
Throughout a case, parties, counsel, agents, and representatives must comply with the stated Texas procedural and professional-conduct rules, as applicable.
Court's wording
Throughout the pendency of a case, the parties, all counsel, and their agents or representatives shall comply with the Texas Rules of Civil Procedure, the Texas Disciplinary Rules of Professional Conduct, and the Texas Lawyers’ Creed – A Mandate for Professionalism (as applicable).
In a non-jury trial, proposed Findings of Fact and Conclusions of Law MUST be filed prior to trial to enable the court to follow along during trial.
The court’s standard docket control order requires the parties to complete ADR.
Violations of these procedures (or of other orders and/or instructions of the court) are punishable by contempt.
Any exhibit related to a criminal conviction of any witness MUST be shared with opposing counsel NO LATER than Docket Call.
Provide to opposing counsel deposition excerpts for any witness anticipated to testify by deposition PRIOR to the docket call.
Applicants seeking inclusion on the Court’s list must submit a written request and complete resume, should list special capabilities, and must confirm current professional liability coverage.
Court's wording
Those wishing to be included in the Court’s list must submit a written request with a complete resume that details the nature of the applicant’s experience as a civil trial practitioner. Special capabilities, such as fluency in languages other than English, background in finance, and the like, also should be listed. Applicants also must confirm that professional liability coverage is in effect and will remain current.
If only one side thinks it is an emergency, file a motion for emergency hearing.
Accurate exhibit lists should be furnished to Judge Aston and to the court reporter.
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.
If opposing counsel refuses to return numerous phone calls or other messages, describe your efforts to confer in your certificate of conference.
Please summarize your reasonable efforts in your certificate.
All unopposed or agreed motions should be titled as such.
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.
The Texas Supreme Court has created a new form for ad litems (of all types) and other appointees to fill out regarding the amounts of their fees and by whom they are paid.
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.
Note: sending a copy of a motion, without more, is not a conference.
Sending an e-mail or leaving a telephone message, without more, is not a conference.
If you are seeking to dismiss or nonsuit a minor's claim, the Court will want to know whether the minor is receiving a settlement to determine whether a guardian ad litem should be appointed.
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.
Please index your exhibits.
Filing & Service rules
Electronic Filing Rules
All documents must be filed electronically through efiletexas.gov, subject to the stated Texas Supreme Court rule exceptions.
All documents shall be filed electronically through efiletexas.gov except as permitted by the Texas Supreme Court's e-filing rules effective January 1, 2014.
Civil cases
Page 1 | FILINGS AND COURTESY COPIES
It is preferable to file documents electronically for emergency filings; if time is short and e-filing is impractical, contact the court clerk for instructions.
If time is short and e-filing is impractical, please contact our court clerk for further instructions. Keep in mind that processing times for e-filing have shortened a great deal lately, so it is preferable to file your documents electronically and then bring the filing to the clerk's attention.
Civil cases
Page 1 | Emergency Hearings
Filing Timing and Cure Windows
Submission docket filings are due Mondays at 8:00 AM with proper notice.
Submissions are Mondays at 8:00 AM with proper notice.
Civil cases
Page 1 | Law Day/Submission Dockets
Expert-exclusion motions should be filed and set for hearing well before trial.
All motions to exclude experts should be filed AND set for hearing WELL IN ADVANCE OF TRIAL.
Civil cases
Page 1 | MOTIONS — Daubert Motions
The Court is unlikely to consider an expert-exclusion motion on the eve of trial or the morning of trial.
The court is not likely to consider such a motion on the eve, or morning, of trial.
Civil cases
Page 1 | MOTIONS — Daubert Motions
Continuance motions should be filed early.
Continuance motions should be filed early.
Civil cases
Page 1 | MOTIONS — Trial Continuances
Service and Proof of Service Rules
Every pleading filed must be served on the opposing attorney or party.
You must send a copy of every pleading you file with the court to the opposing attorney, or party (if they do not have an attorney).
Page 1 | Information For Self-Represented Litigants
If an emergency hearing is granted, the movant must provide proper notice of the hearing to all parties.
If an emergency hearing is granted, the movant is responsible for providing proper notice of the hearing to all parties.
Civil cases
Page 1 | Emergency Hearings
Notify the opposing side when requesting a daily copy.
You must notify the other side of your request.
Civil cases
Page 1 | COURT DECORUM
Courtesy Copy Requirements
The Court no longer accepts paper courtesy copies or e-mails of courtesy copies.
The Court no longer accepts paper courtesy copies or e-mails of courtesy copies.
Civil cases
Page 1 | FILINGS AND COURTESY COPIES
If a courtesy copy is necessary, please bring a paper copy.
If a courtesy copy is necessary, please bring a paper copy.
Civil cases
Page 1 | FILINGS AND COURTESY COPIES
Courtesy copies of the proposed findings and conclusions should be emailed to the Trial Coordinator in Microsoft Word format.
Courtesy copies should be filed via e-mail to the Trial Coordinator in Microsoft Word format.
Civil cases
Page 1 | Findings of Fact/Conclusions of Law
Filing Bundling Requirements
The parties are asked to eliminate duplicate exhibits by agreement when possible.
Please eliminate duplicate exhibits if possible by agreement.
Civil cases
Page 1 | Pretrial Orders/Exhibits/Motions in Limine
The parties are asked to work with opposing counsel or self-represented parties to narrow motion-in-limine issues by agreement.
Then work with opposing counsel or pro se parties to narrow those issues by agreement.
Civil cases
Page 1 | Pretrial Orders/Exhibits/Motions in Limine
Pre-Motion Conference Requirements
A late expert-exclusion motion will not be considered without a motion for leave showing exceptionally good cause.
The court will NOT consider such motions filed after the deadline in the docket control order without a motion for leave demonstrating exceptionally good cause.
Civil cases
Page 1 | MOTIONS — Daubert Motions
Before an emergency hearing, parties must consult with each other, preferably lead attorney to opposing lead attorney.
Parties must consult with each other about the matter (preferably lead attorney on the case to opposing lead attorney on the case).
Civil cases
Page 1 | Emergency Hearings
Default judgments are placed on the submission docket unless unliquidated damages must be proved up.
Default judgments are set on the submission docket unless you need to prove up unliquidated damages.
Civil cases
Page 1 | MOTIONS — Default Judgments
Agreed or unopposed motions, including unopposed continuance motions, are presented expeditiously without a hearing.
These motions are expeditiously presented to Judge Aston without the necessity of a hearing (this includes unopposed motions for continuance).
Civil cases
Page 1 | AGREED AND UNOPPOSED MOTIONS
Agreed and unopposed motions need not be placed on the oral-hearing or submission docket.
Agreed or unopposed motions do not have to be placed on the court’s oral hearing or submission docket.
Civil cases
Page 1 | AGREED AND UNOPPOSED MOTIONS
Non-suit motions are presented immediately to Judge Aston without submission or an oral hearing.
These motions are immediately presented to Judge Aston without the necessity of submission or oral hearing.
Civil cases
Page 1 | VOLUNTARY NON-SUITS/DISMISSALS/JUDGMENTS
Adjournment & Extension Requirements
When passing (adjourning) a hearing, call the court clerk and all parties as soon as possible.
When passing a hearing, call the court clerk and all parties as soon as possible.
Civil cases
Page 1 | Law Day/Submission Dockets
Chambers Communication Rules
If a party needs more than 60 jurors, it should notify the Trial Coordinator at least 45 days before trial so the ceremonial courtroom can be reserved.
If you need a panel larger than 60, please advise the Trial Coordinator at least 45 days before trial so that we may reserve the ceremonial courtroom.
Civil cases
Page 1 | Jury Panel
Self-represented litigants must not communicate privately with the judge; ex parte communications are returned unread and the other side is notified.
Do not attempt to communicate privately with the judge. The term “communication” includes contact by means of phone calls, letters, voice mail messages, faxes, e-mail messages, and direct conversations. You may communicate with the judge if all parties and their attorneys (if they are represented) are present. Any such unilateral contact is called “ex parte” communication and the district judge will not considered it for any information or argument offered in such a manner for any purpose. The court will return an ex parte communication to you unread and notify the other side of the communication. Prohibited communications do not include formal pleadings, motions, and request for relief filed with the clerk.
Page 1 | Information For Self-Represented Litigants
If both sides agree to an emergency hearing, call the court clerk to set up a conference by phone or in person with Judge Aston.
If both sides agree to an emergency hearing, call the court clerk to set up a conference, by phone, or in person with Judge Aston.
Civil cases
Page 1 | Emergency Hearings
Unopposed or non-agreed motions are set on the Monday oral hearing docket; call the clerk at 832-927-2680 to set a hearing and do not request a hearing within the motion itself.
All motions that are unopposed or not agreed to are set on the Court's Monday oral hearing docket. Please call the clerk at 832-927-2680 to set a hearing. Please do not request a hearing in your motion.
Civil cases
Page 1 | Law Day/Submission Dockets
To call a filing to the Court's attention, file it electronically and then call the Court to ask it to review the document in its electronic file system.
Instead, if a party wishes to bring a particular filing to the Court's attention, the party may (1) file the document electronically with the clerk's office as it normally does and then (2) call the Court to bring the document to the Court's attention, and ask the Court to view and consider the document that is already in the Court's electronic file system.
Civil cases
Page 1 | FILINGS AND COURTESY COPIES
Notify the court reporter one week before a hearing or trial if a daily copy is required.
Please advise the court reporter a week before a hearing or trial if a daily copy is required.
Civil cases
Page 1 | COURT DECORUM
A party planning to use a jury questionnaire should notify the court coordinator 30 days before trial.
If you are going to use a jury questionnaire, let the court coordinator know 30 days before trial.
Civil cases
Page 1 | Voir Dire
If a party needs more than 40 jurors, it should notify the Trial Coordinator at trial Docket Call.
If you need a panel of more than 40 jurors, please let the Trial Coordinator know at trial docket call.
Civil cases
Page 1 | Jury Panel
Contact the Court Clerk at 832-927-2680 for inquiries about hearings, signed orders, or rulings.
For inquiries about hearings, signed orders, or rulings, please contact the Court Clerk at 832-927-2680.
Civil cases
Page 1 | General Inquiries
Contact the Court Coordinator at 832-927-2698 for inquiries about trial settings, docket call, DWOP docket, and docket control orders.
For inquiries about trial settings, docket call, DWOP docket, and docket control orders, please contact the Court Coordinator at 832-927-2698.
Civil cases
Page 1 | General Inquiries
A party may call the clerk to follow up on a motion when additional evidence has been filed for an unopposed motion, default-judgment request, or expedited foreclosure request.
Feel free to call the clerk to follow up on your motion.
Civil cases
Page 1 | AGREED AND UNOPPOSED MOTIONS
The Trial Coordinator usually conducts Docket Call by email, or by telephone if necessary, on the Friday 10 days before the two-week Trial Docket begins.
The Trial Coordinator usually conducts the Docket Call by email and if necessary by telephone the Friday that is 10 days before the beginning of the two-week Trial Docket.
Civil cases
Page 1 | Pretrial Orders/Exhibits/Motions in Limine