Harris County District Courts Document Filing Requirements

CRITICAL

Applies to

Proposed order

Must include

proposed order

If an uncontested order has all signatures, file the proposed order before the entry date for the judge’s signature.

If the order has all signatures, file the proposed order before your entry date for the judge’s signature.

CRITICAL

Applies to

Inventory and appraisement

In all divorces, a sworn, pre-marked inventory and appraisement must be submitted as an exhibit before a default trial begins.

In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before the trial by default begins.

CRITICAL

Applies to

Exhibit submission email

The exhibit email’s subject line must include the full cause number, party identification, and proceeding date.

The subject line of the email shall state the full cause number, your party identification, and the date of the court proceeding.

CRITICAL

Applies to

Trial by default

If the respondent has not answered or appeared, a certificate of last known address and a nonmilitary affidavit or declaration must be on file before trial.

If the respondent has not filed an answer or appeared in the case, a certificate of last known address and nonmilitary affidavit/declaration must be on file before trial.

CRITICAL

Applies to

Motion to enter

Must include

proposed order

The movant must attach an unlabeled proposed order to the motion to enter, and the proponent must sign it to indicate approval as to form.

Movant must attach a proposed order to the motion to enter (do not mark with exhibit label) and the proponent must sign indicating approval as to form.

CRITICAL

Applies to

Exhibits

For a property division involving a marital estate with numerous assets or debts, include an editable file, such as an .xls file, containing the party’s proposed division with the exhibits.

For property divisions involving marital estates with numerous assets or debts, include with the exhibits an editable file (i.e., .xls) containing the party’s proposed property division.

CRITICAL

Applies to

Pretrial conference

Before a jury-trial pretrial conference, the parties must complete all actions in the Pretrial Conference Checklist.

Prior to the pre-trial conference for a jury trial, the parties must complete all actions identified in the Pretrial Conference Checklist (See Court’s website).

CRITICAL

Applies to

Exhibit

A rebuttal or impeachment exhibit not exchanged before the hearing must respond to a matter raised by the other side.

Rebuttal or impeachment exhibits that were not exchanged before the hearing must be responsive to a matter raised by the other side.

CRITICAL

Applies to

Contested entry submission

The nonmovant must attach markup identifying proposed edits and a clean copy signed to indicate approval as to form.

Nonmovant must attach markup identifying proposed edits and a clean copy signed indicating approval as to form.

CRITICAL

Applies to

Notice of submission

The notice must state that: (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least 3 days before the submission date, or longer if required by statute or rule.

The notice must state that: (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least 3 days before the submission date, or longer if required by statute or rule.

CRITICALCivil cases

Applies to

Trial notebook

Parties must prepare and bring a Trial Notebook with specified contents to pretrial conference.

parties must prepare, exchange and bring to the pretrial conference, one Trial Notebook that contains: · live pleadings; · witness lists (with 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.

CRITICALCivil cases

Applies to

Motion to withdraw

Motion to withdraw must be set on oral hearing/submission docket and contain specific information and documents.

Motions for withdrawal of counsel must be set on the oral hearing/submission docket. The motion must contain: a statement of the particular circumstances and disciplinary rules requiring withdrawal; a certificate of the attorney of record of the client’s name, address, telephone number, and the last known time the information was correct; 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 extensions will be granted to the pro se client in order to obtain other counsel; and (e) notice of the hearing at which the motion to withdraw will be considered; and a signed acceptance of the terms of the letter described above, if the client has agreed to the withdrawal. If the client has not agreed to the withdrawal, proof of service of the letter described above must be filed.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

All motions and responses must include a proposed order with exact motion title, and each motion must have its own order.

All motions and responses must have a proposed order. The Court may pass hearings on motions filed without a proposed order. All motions should have their own proposed order (Please do not combine multiple motions into one order). The proposed order should include the exact title of the motion being considered. Do not title the order submitted as “proposed”.

CRITICALCivil cases

Applies to

Default judgment

Must include

proposed order

Default judgments require oral hearing and filing of notice of hearing, Non-Military Affidavit, certificate of last known address, citation/receipt of service, and proposed final judgment order.

An oral hearing is required on all default judgments. For default judgments, Parties must file a notice of an oral hearing, a Non-Military Affidavit compliant with the Soldiers and Sailors Relief Act, a certificate of last known address, a citation/receipt of service, and a proposed final judgment order.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Certificate of conference required for motions, pleas, and special exceptions except summary judgment, default judgments, voluntary dismissal/non-suit, and service of citations motions.

A certificate of conference is required for all motions (including discovery motions), pleas, and special exceptions except for: motions for summary judgment; default judgments; motions for voluntary dismissal or non-suit; and motions involving service of citations. Certificates of conference must state how and when parties have conferred on the matters on which relief is sought, and whether the relief is opposed, agreed, or agreed in part. For all motions which a certification of conference is required, the Court reserves the right to deny all motions that do not have a certificate of conference.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

Discovery motion must include description of dispute, certificate of conference with details, and copy of discovery requests/responses.

The complaining party should file a motion containing: a brief description of the dispute; a certificate of conference stating the name of all counsel participating in the discussions, including the date, time, and place the parties have had out of-court discovery discussions, and the results of those discussions; and a copy or verbatim reproduction of the discovery requests and responses at issue.

CRITICALCivil cases

Applies to

Notice of oral hearing

Party requesting oral hearing must file notice of hearing stating exact motion titles and serve on all parties.

Once the clerk assigns a hearing date the party requesting the hearing must file a notice of oral hearing and serve it on all counsel and self-represented parties. The hearing notice must state the exact title of the motion or motions to be heard.

CRITICAL

Applies to

Final trial information

The specified final inventory, financial information, suggested child-support findings, and proposed property division must be filed before trial begins.

A party's final Inventory, Financial Information Statement and financial information required under the Tex. Fam. Code including, but not limited to, the party's income tax returns for the past two years and the party's two most recent payroll stubs, as well as suggested findings regarding child support and a proposed division of property shall be exchanged no later than ten (10) days before trial, and shall be filed before the commencement of trial.

CRITICAL

Applies to

Notice of submission

The submission notice must state that the motion will be heard by submission, parties may not appear in person, and responses must be on file at least 3 days before submission or earlier if required.

The notice must state that: (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least 3 days before the submission date, or longer if required by statute or rule.

CRITICAL

Applies to

Initial pleading

An attorney representing a party must file an appropriate initial pleading with the court.

Any attorney representing a party in a case shall file an appropriate initial pleading with the court, be it a Petition, Answer, Notice of Appearance as Attorney of Record, or Motion and Order for Substitution of Counsel.

CRITICAL

Applies to

Unopposed motion

An unopposed motion must be labeled “Unopposed” in its caption.

Unopposed motions shall be labeled "Unopposed" in the caption.

CRITICAL

Applies to

Pleading

A pleading must contain all information required under Rule 57 of the Texas Rules of Civil Procedure.

The pleading shall contain all information required under Rule 57 of the Texas Rules of Civil Procedure (“T.R.C.P”).

CRITICAL

Applies to

Inventory

Each inventory must provide the listed property, liability, separate-property, insurance, employment-benefit, retirement-plan, QDRO, summary, and estate-net-worth information.

Each inventory shall list each item of property and its value, and shall also list each liability, together with the amount of the liability, the number of periodic payments in arrears, if any, the property securing its payment, and the name of the creditor. Any property or liability claimed to be separate property shall be so characterized. All beneficial interests in insurance and all benefits arising from a party's employment (such as pensions, profit sharing plans, savings or thrift plans, whether vested or non- vested) shall be identified. Each party shall incorporate as an exhibit to the inventory the last information furnished about to the employee’s rights and monetary interest in the retirement and savings plans. Each party shall also furnish sufficient information so the court may render a qualified domestic relations order, if applicable. A summary attached to the inventory shall list and total, in columnar format, the property values and liabilities. Each inventory shall show the net worth of the community estate and the net worth of any claimed separate estate.

CRITICAL

Applies to

Vacation designation

A vacation designation is honored only if it uses the approved form and includes the designation of at least one attorney who has consented to act for the vacationing attorney.

The vacation designation shall be honored only if it is made on the vacation letter form approved by the Board of District judges of the Family Trial Division and is accompanied by the attorney's designation of at least one attorney who has consented to act for the vacationing attorney.

CRITICAL

Applies to

Notice of disclosure

Each party making a disclosure must promptly file a notice with the court stating that the required disclosure occurred.

Each party making a disclosure shall promptly file a notice with the court advising that the required disclosure has taken place.

CRITICAL

Applies to

Motion to enter

Must include

proposed order

The movant must attach a proposed order to a motion to enter, and the proponent must sign to indicate approval as to form.

Movant must attach a proposed order to the motion to enter (do not mark with exhibit label) and the proponent must sign indicating approval as to form.

CRITICAL

Applies to

Inventory and appraisement

In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before a default trial begins.

In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before the trial by default begins. (See Rule 6.4, above.)

CRITICAL

Applies to

Inventory

When children are involved, the inventory must contain enough information for the court to render a qualified medical child support order concerning their health insurance.

If children are involved in the proceeding, the inventory shall contain sufficient information so the court may render a qualified medical child support order regarding health insurance for the children.

CRITICAL

Applies to

Judgment or order

Any forms required by governmental entities must be submitted with the judgment or order.

All forms required by governmental entities shall be submitted at the time the judgment or order is submitted.

CRITICAL

Applies to

Trial by default

If the respondent has not answered or appeared, a certificate of last known address and nonmilitary affidavit or declaration must be on file before trial.

If the respondent has not filed an answer or appeared in the case, a certificate of last known address and nonmilitary affidavit/declaration must be on file before trial.

CRITICAL

Applies to

Exhibits

For property divisions involving marital estates with numerous assets or debts, the exhibits must include an editable file containing the party’s proposed property division.

b. For property divisions involving marital estates with numerous assets or debts, include with the exhibits an editable file (i.e., .xls) containing the party’s proposed property division.

CRITICAL

Applies to

Motion to enter

The nonmovant must attach markup identifying proposed edits and a clean copy signed to indicate approval as to form.

Nonmovant must attach markup identifying proposed edits and a clean copy signed indicating approval as to form.

CRITICAL

Applies to

Judgment or order

Judgments or orders in uncontested matters, except Rule 11 settlements, and in qualifying default matters must be presented at the hearing.

All judgments or orders in uncontested matters (except for settlements made pursuant to T.R.C.P. 11) and in default matters (where citation has been served and there has been no answer filed or other general appearance) must be presented at the time of hearing on the uncontested or default matter.

CRITICAL

Applies to

Opposed motion

Must include

certificate of conference

An opposed motion must include a certificate describing the parties’ good-faith conference and disagreement, or detailing the efforts to confer if they could not confer; this requirement does not apply to the listed motion types.

Opposed motions shall contain a certificate that: 1) states that the movant and respondent have conferred with each other and in good faith have attempted to resolve the matter; and 2) identifies the basis of disagreement between counsel; or 3) states that the parties have not been able to confer, and states in detail all efforts made to confer, including dates and methods of attempted communication. The provisions of subparts 5.1.2 and 5.1.3 do not apply to motions for summary judgment, default judgments, agreed judgments, motions for voluntary dismissal or non suit, and motions involving service of citation.

CRITICAL

Applies to

Notice of review

Once satisfied that the final order meets form, the DRO attorney will file a Notice of Review.

When satisfied that the final order meets form, the attorney will file a *Notice of Review*.

CRITICAL

Applies to

Review application

For qualifying cases ready for finalization, self-represented litigants must apply and attach their final documents through the DRO website, then contact the DRO Legal Services Division to request review.

For cases meeting the above criteria that are ready to be finalized, the self-represented litigant(s) shall apply and attach their final documents for review at www.dro.hctx.net under the “Self-Represented Assistance” tab, then contact the Domestic Relations Office, Legal Services Division (713-274-7393) to request a review.

CRITICAL

Applies to

Motion

A nonmovant must attach markup identifying proposed edits and a clean copy signed to indicate approval as to form.

Nonmovant must attach markup identifying proposed edits and a clean copy signed indicating approval as to form.

CRITICAL

Applies to

Sworn inventory and appraisement

In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before the trial by default begins. (See Rule 6.4, above.)

In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before the trial by default begins. (See Rule 6.4, above.)

CRITICAL

Applies to

Prove up

The litigant presenting the suit should wait to proceed to prove-up or submission until the DRO Notice of Review has been filed.

The litigant presenting the suit should not proceed to prove-up or submission until a DRO *Notice of Review* has been filed.

CRITICAL

Applies to

Motion

Must include

proposed order

A movant must attach a proposed order to a motion to enter, and the proponent must sign to indicate approval as to form.

Movant must attach a proposed order to the motion to enter (do not mark with exhibit label) and the proponent must sign indicating approval as to form.

CRITICAL

Applies to

Notice

A submission notice must state that the motion will be heard by submission, parties may not appear in person, and responses must be on file by the stated deadline.

The notice must state that: (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least 3 days before the submission date, or longer if required by statute or rule.

CRITICAL

Applies to

Certificate of last known address

If the respondent has not filed an answer or appeared in the case, a certificate of last known address and nonmilitary affidavit/declaration must be on file before trial.

If the respondent has not filed an answer or appeared in the case, a certificate of last known address and nonmilitary affidavit/declaration must be on file before trial.

CRITICAL

Applies to

Application for inclusion on wheel

Counsel seeking placement on an appointment wheel must send the application from the court’s website.

Counsel wanting to be placed on a wheel shall send the application located on the court’s website to Melissa_Love@justex.net.

CRITICAL

Applies to

Proposed order

Must include

proposed order

If an order has all signatures, the proposed order must be filed before the entry date for the judge’s signature.

If the order has all signatures, file the proposed order before your entry date for the judge’s signature.

CRITICALCivil cases

Applies to

Rule 106 motion

Rule 106 motions must be set on the submission docket and include an affidavit with specified information about service attempts and address verification.

Rule 106 Motions must be placed on our submission docket and an affidavit that includes the following information: efforts taken to 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 driveway or other indications that defendant resides at the subject address.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

All motions and responses must have a proposed order. The Court may pass hearings on motions filed without a proposed order. All motions should have their own proposed order (Please do not combine multiple motions into one order). The proposed order should include the exact title of the motion being considered.

All motions and responses must have a proposed order. The Court may pass hearings on motions filed without a proposed order. All motions should have their own proposed order (Please do not combine multiple motions into one order). The proposed order should include the exact title of the motion being considered.

CRITICALCivil cases

Applies to

Pretrial order

All parties must comply with the standing Pretrial Order prior to the pretrial conference.

All parties must comply with the order prior to the pretrial conference.

CRITICALCivil cases

Applies to

Motion to withdraw

A motion to withdraw must contain the specific circumstances, certificate of client information, notice letter with specified advisements, and signed acceptance or proof of service.

However, the motion must contain: a statement of the particular circumstances and disciplinary rules requiring withdrawal; a certificate of the attorney of record of the client’s name, address, telephone number, and the last known time the information was correct; 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 extensions will be granted to the pro se client in order to obtain other counsel; and (e) notice of the hearing at which the motion to withdraw will be considered; and a signed acceptance of the terms of the letter described above, if the client has agreed to the withdrawal. If the client has not agreed to the withdrawal, proof of service of the letter described above must be filed.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Parties must submit an agreed motion and order for appointment of a Guardian Ad Litem for minor settlements.

The parties are to submit an agreed motion and order for appointment of a Guardian Ad Litem.

CRITICALCivil cases

Applies to

Certificate of conference

Certificates of conference must state how and when parties conferred and whether relief is opposed or agreed.

Certificates of conference must state how and when parties have conferred on the matters on which relief is sought, and whether the relief is opposed, agreed, or agreed in part.

CRITICALCivil cases

Applies to

Continuance order

Must include

proposed order

Proposed continuance orders must be agreed to by all parties; if not, reasons for non-agreement must be stated with specificity.

Proposed continuance orders must be agreed to by all parties. If parties cannot agree to a proposed order, the reasons for non-agreement should be stated with specificity.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A certificate of conference is required for all motions, pleas, and special exceptions, with listed exceptions.

A certificate of conference is required for all motions (including discovery motions), pleas, and special exceptions except for: motions for summary judgment; default judgments; motions for voluntary dismissal or non-suit; and motions involving service of citations.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

Discovery motion must include a brief description, a detailed certificate of conference, and a copy or verbatim reproduction of discovery requests/responses.

The complaining party should file a motion containing: a brief description of the dispute; a certificate of conference stating the name of all counsel participating in the discussions, including the date, time, and place the parties have had out of-court discovery discussions, and the results of those discussions; and a copy or verbatim reproduction of the discovery requests and responses at issue.

CRITICALCivil cases

Applies to

Non military affidavit

The Non-Military Affidavit must comply with recent amendments to the Soldiers and Sailors Relief Act.

The Non-Military Affidavit must comply with recent amendments to the Soldiers and Sailors Relief Act.

CRITICALCivil cases

Applies to

Trial documents

Before the pretrial conference, parties must exchange, e-file, and submit all motions and trial documents, including pleadings, witness lists, exhibit lists, in limine motions, deposition extracts, and proposed jury charges.

All motions and trial documents need exchanged by parties, e-filed and submitted to the court before your pretrial conference. This includes, but is not limited to: live pleadings; witness lists (with 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.

CRITICALCivil cases

Applies to

Notice of submission

When setting a matter on the submission docket, file a notice of submission with the exact motion title and serve it on all counsel and self-represented parties.

If you set a matter on the submission docket file a notice of submission with the exact title of the motion set for consideration and serve it on all counsel and self-represented parties.

CRITICAL

Applies to

Proposed order

Orders on motions to withdraw must include contact information for the pro se party.

Orders on motions to withdraw must include contact information for the pro se party.

CRITICAL

Applies to

Proposed order

The order for severance must include the documents to be included in the severed case.

The order for severance must include the documents to be included in the severed case.

CRITICAL

Applies to

Motion

Motions for substituted service under Rule 106 must be accompanied by an affidavit containing the specified verification and attempt details.

All Motions for Substituted Service under Rule 106 must be accompanied by an affidavit that: Describes the efforts taken to verify that the Defendant actually lives or works at the subject address; Shows at least four attempts of service at different times of day with the specific dates and times; Details regarding the identity of the person/people present at the subject address and state what was said; Provide the identity of the owners of any vehicles in the driveway; and Include any other information or indications that the Defendant resides at the subject address.

CRITICAL

Applies to

Motion

Motions to withdraw leaving a party pro se must include the party's contact information, a consultation statement, and current deadlines and trial settings.

Motions in which party will be pro se after the attorney withdraws must include: the party's telephone number; the party's address; the party's email address; a statement regarding consultation with the party regarding the motion; and current deadlines and trial settings.

CRITICAL

Applies to

Motion

Motions requesting attorney's fees require, in addition to the attorney affidavit, an itemization of work showing date, work performed, time expended per task, and billable rate.

Motions that request attorneys fees will require, in addition to the attorney affidavit, an itemization of the work done including: i. the date the work was performed; ii. the work that was performed; iii. the amount of time expended for each task; and iv. the billable

CRITICAL

Applies to

Motion

A withdrawing attorney representing a corporation must notify the corporation that it cannot proceed pro se and of the consequences of not obtaining counsel within 30 days.

If the withdrawing attorney represents a corporation, she/he must notify the corporation that: Corporations cannot proceed pro se in Texas courts; and That if the corporation has not obtained counsel within 30 days of the order of withdrawal, either its claims may be dismissed if it is the plaintiff or their pleadings may be struck and a default judgment may be entered if it is the defendant.

CRITICAL

Applies to

Discovery motion

Discovery motions must attach a copy of the discovery response at issue or state verbatim the request and answer in the body of the motion.

Attach a copy of the discovery response at issue or state verbatim the request and answer in the body of your motion.

CRITICAL

Applies to

Motion

Must include

proposed order

All motions and responses must include a proposed order.

All motions and responses must include a proposed order.

CRITICAL

Applies to

Certificate

Must include

certificate of conference

The Certificate of Conference must state the dates and methods of contact, and should describe efforts to communicate if the other side was not reached.

The Certificate of Conference must contain the dates and methods by which contact was made. 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 including the date and means.

CRITICAL

Applies to

Motion

Must include

certificate of service, certificate of conference

A motion to substitute counsel must indicate whether the replaced attorney agreed to the substitution and must include the appropriate certificates of conference and service.

Motion to substitute counsel must indicate whether the attorney being replaced has agreed to the substitution and must have the appropriate certificates of conference and service.

CRITICALCivil cases

Applies to

Order of severance

Must include

caption, case number

The order of severance must include styling, case number, parties, documents (with exact titles and dates), disposition, and cost responsibility.

The order of severance must include the following information: How you want the case to be styled. Case number, i.e. 2006-32041-A. What parties are to be severed into the severed case. What documents are to be severed into the severed case, (need exact title of document, image number and exact date filed) . State if the severed order disposes of the severed case or will it remain an active case. State who will pay for the cost of the severance.

CRITICALCivil cases

Applies to

Default judgment

Default judgments require an affidavit establishing that the defendant is not in active military service.

The federal Servicemembers’ Civil Relief Act (50 U.S.C. App. 521, § 201) requires that before granting a default judgment, state courts first obtain an affidavit that sets forth facts (i.e., not hearsay, and not matters asserted “on information and belief,” etc.) sufficient to show that the defendant against whom a default judgment is sought is not currently active and serving in the United States Armed Forces

CRITICALCivil cases

Applies to

Notice of oral hearing

Zoom hearings are limited to 15-minute increments total; movants must include this statement in the Notice of Oral Hearing.

All zoom hearings will be heard in 15 minute increments--total. Movants are to include this in the Notice of Oral Hearing.

CRITICALCivil cases

Applies to

Order

If agreeing to a summer Monday, the order must include vacation waiver language and be signed by all counsel and pro se parties.

You can agree to any Monday of your choice, if you choose a Monday in the summer months of June, July or August, you must include the language on the order, that everyone agrees to waive their vacation for that two week period, the order needs to be signed by all counsel and prose parties if any in your case.

CRITICALCivil cases

Applies to

Discovery motion

Must include

proposed order

Discovery motions must include a proposed order enumerating each disputed request/response with a Sustained/Overruled line.

With all discovery motions, parties MUST submit a proposed Order, enumerating each discovery request/response in dispute. Next to each discovery request/dispute should be the words: “_____Sustained _____ Overruled”.

CRITICALCivil cases

Applies to

Motion for severance

Motions for severance must state the basis for the severance.

The motion for severance must state the basis for the severance.

CRITICALCivil cases

Applies to

Proposed findings conclusions

Be prepare and exchange proposed findings of fact and conclusions of law with all counsel and provide them to the judge. In addition, prepare a proposed form of judgment.

Be prepare and exchange proposed findings of fact and conclusions of law with all counsel and provide them to the judge. In addition, prepare a proposed form of judgment.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

All motions must be accompanied by a proposed order filed at least 48 hours before submission or oral hearing.

You must file a proposed order with your motion at least 48 hours prior to your submission or oral hearing.

CRITICAL

Applies to

Notice of settlement

A notification of settlement must be filed to remove the case from the active trial docket.

Upon announcing settlement, a notification of settlement must be filed with the Court to remove the case from the active trial docket.

CRITICAL

Applies to

Motion

A certificate of conference must state how and when parties conferred and whether the relief is opposed, agreed, or agreed in part.

Certificates of conference must state how and when parties have conferred on the matters on which relief is sought, and whether the relief is opposed, agreed, or agreed in part.

CRITICAL

Applies to

Rule 106 motion

Rule 106 motions for substituted service must be accompanied by an affidavit verifying that the defendant lives/works at the address, listing each service attempt (minimum seven, including two before 7:30am and two after 7:30pm), identifying persons present, and noting cars or other indications of residence.

All Motions for Substituted Service under Rule 106 must be accompanied by an affidavit that includes the following information: Efforts taken to verify that defendant actually lives or works at the subject address. Each attempt at service, with date and time, there should be a minimum of seven attempts. Identify of persons who were present at the subject address and what was said. Identify of cars in the driveway or other indications that defendant resides at the subject address. At least two attempts before 7:30am AND two attempts after 7:30pm.

CRITICAL

Applies to

Motion to retain

Must include

proposed order

A proposed order must be filed for a verified motion to retain to be granted and to avoid dismissal for want of prosecution.

A proposed order must be filed in order for a verified motion to retain to be granted and avoidance of DWOP.

CRITICAL

Applies to

Motion to withdraw

Motions to withdraw must comply with Rule 10 TRCP; where the party will be pro se, the motion must include the party's phone number, address, email, a statement about consultation, and current deadlines and trial settings.

Motions to withdraw as attorney of record require strict compliance with Rule 10 of the Texas Rules of Civil Procedure. Motions in which the party will be pro-se litigant after the attorney withdraws must include: the party's telephone number; the party's address; the party's email address; a statement regarding consultation with the party regarding the motion; and current deadlines and trial settings.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A certificate of conference is required on all motions, pleas, and special exceptions, except for summary judgments, default judgments, non-suits, post-verdict motions, service-of-citation motions, and writs of sequestration.

A certificate of conference is required on all motions, pleas, and special exceptions EXCEPT for: * Motions for Summary Judgments * Defaults Judgments * Motions for voluntary dismissal or non-suit * Post-verdict motions * Motions involving service of citation * Writ of Sequestration

CRITICALCivil cases

Applies to

Motion

Certain listed motions are presented to the Judge upon filing without an oral hearing; all other motions must be set for an oral or submission hearing.

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.

CRITICALCivil cases

Nonsuits involving minors require an oral hearing unless an affidavit states the minor has reached the age of majority.

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.

CRITICALCivil cases

Applies to

Motion

A motion to substitute counsel requires both attorneys' signatures or a hearing; with signatures and a proposed order, no hearing is needed.

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.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Motions seeking a ruling and responses must be filed with a corresponding proposed order.

Motions seeking a ruling should be filed with a corresponding proposed order. Responses should also be filed with a corresponding proposed order.

CRITICALCivil cases

Applies to

Notice of motion

All hearing notices must include the hearing date and time, the motion filing date, and the motions to be heard.

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.

CRITICALCivil cases

Applies to

Motion

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.

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.

CRITICALCivil cases

Applies to

Motion

A written notice withdrawing the MSJ must be filed before it can be reset; otherwise the MSJ will be denied.

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.

CRITICALCivil cases

Applies to

Motion

Agreed motions must include the signature of counsel for all parties.

Agreed motions must include the signature of counsel for all parties.

CRITICALCivil cases

Applies to

Proposed order

The order of severance must contain the style of case, proposed new case number, parties, documents with filed dates, case status, and cost responsibility.

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

CRITICALCivil cases

Applies to

Motion

Special exceptions must attach the excepted pleading or state the excepted paragraph verbatim.

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.

CRITICALCivil cases

Applies to

Motion

Discovery motions must attach the discovery response at issue or state the request and answer verbatim in the body of the motion.

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.

CRITICALCivil cases

Applies to

Motion

All default judgment motions require an oral or submission hearing; foreclosure or damages proof-up requires an oral hearing.

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.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Unopposed motions must include a certificate of conference.

Unopposed motions must include a certificate of conference.

CRITICALCivil cases

Applies to

Motion

A notice setting an oral hearing must be filed with a motion for summary judgment.

If you want an oral hearing on your MSJ, then you must file a notice setting same with your motion.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Parties must confer before filing discovery motions and include a certificate of conference.

Always confer before filing any motion related to discovery and include a certificate of conference.

CRITICALCivil cases

Applies to

Discovery motion and proposed order

A discovery motion and proposed order must separately identify each issue, disputed request, or objection so the Court can rule on each item.

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.

CRITICALCivil cases

Applies to

Filing with citations

Counsel must ensure that cited authorities exist and are quoted accurately.

Counsel are responsible for ensuring that all cited authorities exist and are accurately quoted.

CRITICALCivil cases

Applies to

Special exception

A special exception must identify the challenged pleading or portion by page and paragraph, except when it challenges only the maximum damages amount under TRCP 47.

Please explicitly identify by page and paragraph the pleading or portion thereof to which you are specially excepting (unless the special exception is only to the maximum amount of damages sought pursuant to TRCP 47).

CRITICALCivil cases

Applies to

Deposition designations

Provide page and line citations for deposition testimony anticipated at trial before docket call.

Provide page/line for any witness anticipated to testify by deposition PRIOR to the docket call.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include an explicit certificate of conference.

Include an explicit certificate of conference as described in the section of these procedures titled “Certificates of Conference”.

CRITICALCivil cases

Applies to

Continuance or reset motion

Every continuance or reset motion must identify its number, whether agreed, unopposed, or opposed.

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.).

CRITICALCivil cases

Applies to

Rule 106 motion

A Rule 106 motion must include an affidavit detailing residence-verification efforts, each service attempt, persons encountered and statements, and evidence confirming the address, with the specified identifying details.

All motions for substituted service under Rule 106 must be accompanied by an affidavit that includes the following information: ·Efforts taken to verify that defendant actually lives or works at the subject address; ·Each attempt at service, with date(s) and time(s); ·Identity of persons who were present at the subject address and what was said; and · 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 can also include a statement identifying license plates of cars in the driveway and attaching a printout of license plates registered to the person to be served. Statements by neighbors or by people residing in the abode must include the full name of the person and a description. The idea is to give the court some assurance that the person resides at that address.

CRITICALCivil cases

Applies to

Summer trial setting

Parties requesting or agreeing to a summer trial setting must expressly waive conflicting vacation letters.

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.

CRITICALCivil cases

Applies to

Default judgment filing

A party seeking damages or fees in a default judgment must provide exhibits proving the requested amounts.

If you are requesting damages or fees, the Court requires you to provide exhibits to prove up the damages sought.

CRITICALCivil cases

Applies to

Certificate of conference

Certificates should summarize reasonable conference efforts; sending a motion, email, or voicemail alone is not a conference, and repeated unanswered contact attempts should be described.

Please summarize your reasonable efforts in your certificate. 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 opposing counsel refuses to return numerous phone calls or other messages, describe your efforts to confer in your certificate of conference.

CRITICALCivil cases

Applies to

Summary judgment withdrawal notice

To withdraw a summary-judgment motion, file a written notice with the specified title and identify the motion’s original filing date.

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.

CRITICALCivil cases

Applies to

Tax trial hearing notice

In tax trial cases, request that the lien holder issue a hearing notice.

Request the Lien Holder issue a notice for hearing.

CRITICALCivil cases

Applies to

Sanctions request for attorney fees

Sanctions attorney’s fees must be supported by an affidavit or live testimony establishing reasonableness and necessity, unless the parties agree to the amount in one of the specified ways.

All requests for attorney’s fees as sanctions MUST be established by affidavit (preferred) or live testimony as to reasonableness and necessity (and meet other legal requirements), unless the parties agree on the record, in a filed Rule 11 Agreement, or an agreed order as to the amount.

CRITICALCivil cases

Applies to

Default judgment motion and proposed judgment

The motion and proposed judgment must identify whether the default judgment is final or interlocutory.

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).

CRITICALCivil cases

Applies to

Default judgment filing

Submit a proper non-military affidavit using the DMDC Military Verification service and file a Certificate of Last Known Address.

Please submit the proper non-military affidavit by visiting the Defense Manpower Data Center’s (DMDC) Military Verification service athttps://scra.dmdc.osd.mil. A Certificate of Last Known Address must be filed.

CRITICALCivil cases

Applies to

Tax trial notice

In tax trial cases, the address on the notice must match the last known address in the petition.

The address on the notice must match the last known address in the petition.

CRITICALCivil cases

Applies to

Motions pleas and special exceptions

Must include

certificate of conference

Certificates of conference extend to motions, pleas, and special exceptions, except summary judgments, default judgments, agreed judgments, voluntary dismissal or nonsuit motions, post-verdict motions, and motions involving service of citation.

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.

CRITICALCivil cases

Applies to

Hearing notice

After scheduling a hearing date with the clerk, file a notice of oral hearing or, when applicable, notice of written submission.

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.

CRITICALCivil cases

Applies to

Late response

Must include

proposed order

A response filed after its deadline must be accompanied by a separate motion for leave to file late and a proposed order.

Responses that are filed after the response deadline provided for in the rules MUST be accompanied by a separate motion for leave to late file the response with a proposed order.

CRITICALCivil cases

Applies to

Summary judgment motion

A summary-judgment motion requesting an oral hearing must state that request in its title.

If a movant requests an oral hearing, the request must appear in the title of the motion.

CRITICALCivil cases

Applies to

Discovery motion

When e-filing a discovery motion, submit the disputed responses as sub-documents or quote the request and answer verbatim in the motion.

Be sure to submit the discovery response(s) at issue as sub-documents when e-filing, or state verbatim the request and answer in the body of your motion.

CRITICALCivil cases

Applies to

Filing citing unpublished opinion

Counsel citing an unpublished opinion must provide its Westlaw citation; a Lexis citation is acceptable only if a copy of the opinion is provided.

If citing an unpublished opinion, counsel shall provide the Westlaw citation. The Court does not use Lexis; Lexis citations are not acceptable unless a copy of the unpublished opinion is provided to the Court.

CRITICALCivil cases

Applies to

Discovery motion or hearing request

Must include

certificate of conference

A discovery motion or hearing request must certify that a reasonable effort to resolve the dispute without court intervention was made and failed.

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.

CRITICALCivil cases

Applies to

Motion or other document seeking relief

Must include

proposed order, certificate of service, certificate of conference

A filing seeking relief must include a certificate of service, any certificate of conference required by the TRCP, and a proposed order.

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.

CRITICALCivil cases

Applies to

Minor settlement hearing notice

A notice for a virtual minor-settlement hearing must include the 151st District Court’s Zoom link and be filed with that information.

The attorney filing the notice must include the Zoom link for the 151st District Court. The notice MUST be filed with the Zoom information.

CRITICALCivil cases

Applies to

Proposed order

A proposed order must not combine multiple motions.

Do not combine multiple motions into a single proposed order.

CRITICALCivil cases

Applies to

Severance motion and order

Severance motions and orders must include the new case details, parties, transferred pleadings and document metadata, cost-assessed attorney, case status and finality, whether the severed case remains active, and responsibility for costs and fees.

All motions and orders for severance must contain the following: ·New case number, court number, case type and new style name; ·Reference the parties in the new suit; ·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); ·Indicate attorney name, address and bar number to whom costs for the severance are to be assessed; and ·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. As an example, if a plaintiff obtains a summary judgment as to one of multiple defendants and severs the disposed claims against that defendant into a new cause, that severance order will start the appellate timelines because all claims in the new cause will be resolved as to all claims and all parties. This should be expressly stated one way or the other in the motion for severance. 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.

CRITICALCivil cases

Applies to

Request for oral hearing or to continue hearing

Must include

proposed order

Requests for an oral hearing or to continue a hearing must be filed separately from the response and include proposed orders.

Please clearly identify your request for an oral hearing or your request to continue the hearing by filing them separately from your response with proposed orders attached.

CRITICALCivil cases

Applies to

Notice to pass hearing

To pass an oral hearing or submission setting, use the e-Hearing system and/or e-file a notice specifying the time, date, and motion.

If you wish to pass an oral hearing or submission setting. Pass the setting on the e-Hearing system and/or efile a Notice to Pass the hearing. Specify the time, date and motion to be discussed.

CRITICALCivil cases

Applies to

Settlement involving minor children

Must include

proposed order

Every settlement involving minor children requires a Guardian ad Litem, and the parties must file an agreed motion and proposed appointment order.

A Guardian ad Litem is required in all settlements involving minor children. The parties shall file an Agreed Motion and Proposed Order for Appointment of Guardian ad Litem.

CRITICALCivil cases

Applies to

Continuance or reset motion

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 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.).

CRITICALCivil cases

Applies to

Motion and order to withdraw as attorney

Must include

certificate of conference

A motion and proposed order to withdraw must address client notice and mailing evidence, consent, client contact details, the client’s right to object or respond, reasonable efforts to find substitute counsel, and a certificate of conference.

All motions and proposed orders to withdraw as attorney of record must contain the following: ·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; ·An indication of whether or not the client consents to the motion; ·The last known mailing address, email, phone and fax number of client(s); 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; ·Please make reasonable efforts to find substitute counsel in the appropriate case so that the client’s interests are protected; ·These motions DO require a certificate of conference, as opposing counsel has a right to be heard on these motions.

CRITICALCivil cases

Applies to

Final order

A final order must state that it disposes of all claims and parties and is intended to be final and appealable.

Final orders MUST state that the order disposes of all claims and all parties and is intended to be a final, appealable order.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Motions must include required certificates of conference explicitly describing efforts to resolve the motion with all other parties or counsel before filing.

All motions must have certificates of conference as required by the Texas Rules of Civil Procedure and our local rules. 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.

CRITICALCivil cases

Applies to

Amended proposed final judgment

If the proposed minor-settlement judgment is amended, file the amended version or present it at the hearing with all changes clearly highlighted.

If amendments are made, the parties must either file the amended proposed judgment or present a copy at the hearing with all changes from the previously filed version clearly highlighted.

CRITICALCivil cases

Applies to

Default judgment motion for attorney fees

A default-judgment request for attorney’s fees must include an affidavit with competent evidence addressing counsel’s experience, work performed, time spent, and hourly rate.

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.

CRITICALCivil cases

Applies to

Motion to amend citation

Must include

proposed order

If service occurred at an address different from the citation address, the movant must file a motion to amend the citation and should request correction to the valid service address with a proposed order.

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.

CRITICALCivil cases

Applies to

Proposed findings conclusions

In a non-jury trial, proposed findings of fact and conclusions of law must be filed before trial.

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.

CRITICAL

Applies to

Contested entry submission

The nonmovant must attach markup identifying proposed edits and a clean copy signed to indicate approval as to form.

Nonmovant must attach markup identifying proposed edits and a clean copy signed indicating approval as to form.

CRITICAL

Applies to

Wheel inclusion application

Counsel seeking placement on a wheel must send the court website application to Melissa_Love@justex.net.

Counsel wanting to be placed on a wheel shall send the application located on the court’s website to Melissa_Love@justex.net.

CRITICAL

Applies to

Motion to enter

Must include

proposed order

The movant must attach a proposed order to a motion to enter, and the proponent must sign approval as to form.

Movant must attach a proposed order to the motion to enter (do not mark with exhibit label) and the proponent must sign indicating approval as to form.

CRITICAL

Applies to

Certificate of last known address

When the respondent has not answered or appeared, a certificate of last known address must be on file before trial.

If the respondent has not filed an answer or appeared in the case, a certificate of last known address and nonmilitary affidavit/declaration must be on file before trial.

CRITICAL

Applies to

Proposed order

Must include

proposed order

If an order has all signatures, the proposed order must be filed before the entry date for the judge’s signature.

If the order has all signatures, file the proposed order before your entry date for the judge’s signature.

CRITICAL

Applies to

Notice of submission

A submission notice must state that the motion will be heard by submission, parties may not appear in person, and responses are due at least 3 days before submission or earlier if required.

The notice must state that: (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least 3 days before the submission date, or longer if required by statute or rule.

CRITICAL

Applies to

Sworn inventory and appraisement

In divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before a default trial begins.

In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before the trial by default begins. (See Rule 6.4, above.)

CRITICAL

Applies to

Motion

The nonmovant must attach markup identifying proposed edits and a clean copy signed to indicate approval as to form.

Nonmovant must attach markup identifying proposed edits and a clean copy signed indicating approval as to form.

CRITICAL

Applies to

Inventory and appraisement

In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before a default trial begins.

In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before the trial by default begins. (See Rule 6.4, above.)

CRITICAL

Applies to

Proposed order

Must include

proposed order

If the order has all signatures, file the proposed order before the entry date for the judge’s signature.

If the order has all signatures, file the proposed order before your entry date for the judge’s signature.

CRITICAL

Applies to

Notice of submission

A submission notice must state that the motion will be heard by submission, parties may not appear in person, and responses must be on file at least 3 days before submission or earlier if required.

The notice must state that: (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least 3 days before the submission date, or longer if required by statute or rule.

CRITICAL

Applies to

Default trial

If the respondent has not answered or appeared, a certificate of last known address and a nonmilitary affidavit or declaration must be on file before trial.

If the respondent has not filed an answer or appeared in the case, a certificate of last known address and nonmilitary affidavit/declaration must be on file before trial.

CRITICAL

Applies to

Motion

Must include

proposed order

The movant must attach a proposed order to a motion to enter without an exhibit label, and the proponent must sign to indicate approval as to form.

Movant must attach a proposed order to the motion to enter (do not mark with exhibit label) and the proponent must sign indicating approval as to form.

CRITICAL

Applies to

Pretrial conference

For a jury trial, the parties must complete all actions in the Pretrial Conference Checklist before the pretrial conference.

Prior to the pre-trial conference for a jury trial, the parties must complete all actions identified in the Pretrial Conference Checklist (See Court’s website).

CRITICALCivil cases

Applies to

Summary judgment order

Proposed orders should include total damages and attorneys fees. The motion must contain evidence to support the amounts contained in the judgment.

Proposed orders should include total damages and attorneys fees. The motion must contain evidence to support the amounts contained in the judgment.

CRITICALCivil cases

Applies to

Unopposed motion

Must include

certificate of conference

Unopposed motions must include a certificate of conference.

Unopposed motions must contain a certificate of conference.

CRITICALCivil cases

Applies to

Response

Must include

proposed order

Responses to motions must include a proposed order.

E-File responses to motions at least 24 hours prior to the hearing and include a proposed order.

CRITICALCivil cases

Applies to

Motion to withdraw

Motions to withdraw must include the party's telephone number, address, email address, current deadlines, and trial settings.

Motions to withdraw as attorney of record must contain the parties telephone number, address, email address, current deadlines and trial settings.

CRITICALCivil cases

Applies to

Motion

A motion for substituted service under Rule 106 must include an affidavit establishing the person can be found at the address and must use the Court's prescribed order.

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.

CRITICALCivil cases

Applies to

Discovery motion

Motions seeking rulings on discovery objections must include an order with the specific requests, objections, and blanks to overrule or sustain.

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.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

A proposed order submitted after a hearing must include a cover letter indicating whether opposing counsel agrees to its form.

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.

CRITICALCivil cases

Applies to

Motion

Motions requesting appointment of a guardian ad litem must include a brief description of the case and any other issues for the Court.

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.

CRITICALCivil cases

Applies to

Severance motion

Motions for severance must include an order stating the style, new cause number, parties, documents, whether the case is disposed, and who pays costs.

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

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Every motion must be accompanied by a certificate of conference detailing efforts to discuss with opposing counsel; failure may result in the motion being passed.

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.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Motions and responses must include a proposed order; motions without proposed orders may be passed.

All motions and responses must be filed with a corresponding order. The Court may pass motions filed without proposed orders.

CRITICALCivil cases

Applies to

Order

Orders on motions to withdraw must include the pro se party's name, address, telephone number, and email; otherwise the motion will be denied.

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.

CRITICALCivil cases

Applies to

Request for oral hearing

Do not file a blank request for an oral hearing date.

Do not file a blank request for an oral hearing date.

CRITICALCivil cases

Applies to

Agreed motion

Must include

caption

Agreed/unopposed motions must be titled as such and contain the signatures of all parties in agreement.

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.

CRITICAL

Applies to

Notice of hearing

All notices of oral hearing must contain the Zoom link and a link to the Tax Court Information Page.

ALL NOTICES OF ORAL HEARING MUST CONTAIN THE ABOVE ZOOM LINK AND A LINK TO THIS TAX COURT INFORMATION PAGE.

CRITICALCivil cases

Applies to

Special exception

Special exceptions must state the objected language verbatim and the reasoning in both the motion and the order.

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.

CRITICALCivil cases

Applies to

Jury charge

Parties must file the proposed jury charge and provide a copy to the court on a flash drive.

The parties must file their proposed charge and must provide the court with a copy on a flash drive.

CRITICALCivil cases

Applies to

Notice of appearance

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.

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.

CRITICALCivil cases

Applies to

Discovery motion

Discovery motions must outline the dispute, the efforts made to resolve it, and the relief requested.

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.

CRITICAL

Applies to

Exhibits

Redaction of exhibits must be completed before arriving for trial.

Any exhibits that need to be redacted MUST be done prior to the time you arrive for the beginning of trial.

CRITICALCivil cases

Applies to

Default judgment

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.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

All motions and responses must include a proposed order.

All motions and responses must include a proposed order.

CRITICAL

Applies to

Default judgment motion

Must include

certificate of service

Default judgment motions require an oral hearing, proof of service of the hearing notice, a certificate of last known address, and a non-military service affidavit.

All motions for default are heard in an oral hearing only. Default motions are heard at 9:30 a.m. (with live testimony) and 9:45 a.m. (all others) on Monday. A certificate of service providing proof of service of the notice of hearing on the default on non-movant(s) must be attached to all Default motions. A separate certificate of last known address and a proper non-military service affidavit must be attached to the motion. A non-military verification may be obtained by visiting the Defense Manpower Data Center’s (DMDC) Military Verification service at https://scra.dmdc.osd.mil.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

Discovery motions and discovery hearing requests must include a certificate stating a reasonable effort to resolve the dispute was made and failed.

The Court requires compliance with Texas Rule of Civil Procedure 191.2, which states as follows: “Parties and their attorneys are expected to cooperate in discovery and to make any agreements reasonably necessary for the efficient disposition of the case. 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 or Court intervention and the effort failed."

CRITICAL

Applies to

Motion

Must include

certificate of conference

A detailed certificate of conference is required for all motions except enumerated types; noncompliance may cause the court to pass the hearing.

You must confer with opposing counsel prior to filing all motions and include a detailed certificate of conference, with the following exceptions: motions for default judgments, motions for summary judgment, motions to dismiss, plea to jurisdiction, motions to transfer venue, motions for voluntary dismissal/ nonsuits, post-verdict motions, special appearances, and motions involving service of process. Failure to comply may result in the Court passing the hearing.

CRITICAL

Applies to

Discovery motion

The complaining party should file a motion containing: A brief description of the dispute; The date, time, and place the parties have had out-of-court discovery discussions; The names of all counsel participating in the discussions; and A copy or verbatim reproduction of the discovery requests and responses at issue.

The complaining party should file a motion containing: A brief description of the dispute; The date, time, and place the parties have had out-of-court discovery discussions; The names of all counsel participating in the discussions; and A copy or verbatim reproduction of the discovery requests and responses at issue.

CRITICAL

Applies to

Severance order

A severance order must contain the case style and number, parties, documents, disposition status, and allocation of severance costs.

The order of the severance must contain the following information: Style of the case; Case number; Parties to be included in the severed case; Documents to be included; whether the severed case is disposed of or remains active; and the party paying for the costs of court and severance.

CRITICAL

Applies to

Certificate of conference

Persons preparing a certificate of conference must confer personally with opposing counsel or explain why they could not; sending a letter/email and receiving no response is insufficient.

The movant must confer person-to-person with opposing counsel before the Court will consider a motion that requires a conference. The Court will pass motions that do not have a certificate stating (1) that the movant has actually talked to opposing counsel, or (2) why counsel have not been able to discuss motion. A certificate of conference stating that you sent a letter or email to opposing counsel and received no response is not a proper certificate of conference

CRITICAL

Applies to

Motion to amend citation

Must include

proposed order

If default service was made at a different address than stated in the citation, a motion to amend citation and proposed order to amend citation must be filed.

If the defaulting party was served at an address other than the address for which the citation was issued, the Court requires filing a Motion to Amend Citation, requesting that the citation be amended to reflect the actual address of service, along with a proposed Order to Amend Citation.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A certificate of conference is required on all motions, pleas and special exceptions except: Summary Judgments Default Judgments Agreed Judgments Motions for voluntary dismissal or non-suit Post-verdict motions; or Motions involving service of citation

A certificate of conference is required on all motions, pleas and special exceptions except: Summary Judgments Default Judgments Agreed Judgments Motions for voluntary dismissal or non-suit Post-verdict motions; or Motions involving service of citation

CRITICAL

Applies to

Agreed motion and order gal appointment

Must include

proposed order

All settlements involving minor children require a Guardian Ad Litem and the parties must submit an agreed motion and order for the GAL's appointment.

A Guardian Ad Litem will be required for all settlements involving minor children. The parties are to submit an Agreed motion and order for appointment of a Guardian Ad Litem.

CRITICAL

Applies to

Motion and response

Must include

proposed order

File proposed orders with all motions and responses.

File proposed orders with all motions and responses.

CRITICAL

Applies to

Motion or notice nonsuit

A notice or motion for non-suit in a case involving a minor must be filed without prejudice.

When a lawsuit involves a minor, any notice or motion for nonsuit must be filed without prejudice.

CRITICAL

Applies to

Motion response

Must include

proposed order

The motion response must include a proposed order with the e-filing.

E-file motion responses at least 48-hours before the hearing and include a proposed order.

CRITICAL

Applies to

Notice of oral hearing

After obtaining a hearing date, a party must file a Notice of Oral Hearing and serve it on all counsel and pro se parties.

Once you obtain a hearing date you are required to file a Notice of Oral Hearing and serve it on all counsel or pro se parties.

CRITICAL

Applies to

Notice of submission

The submission notice must state that the motion will be heard by submission, parties may not appear in person, and responses are due at least 3 days before submission or earlier if required.

The notice must state that: (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least 3 days before the submission date, or longer if required by statute or rule.

CRITICAL

Applies to

Proposed order

Must include

proposed order

If an order has all signatures, file the proposed order before the entry date for the judge’s signature.

If the order has all signatures, file the proposed order before your entry date for the judge’s signature.

CRITICAL

Applies to

Wheel inclusion application

Counsel seeking placement on an appointment wheel must send the application available on the court’s website to the specified email address.

Counsel wanting to be placed on a wheel shall send the application located on the court’s website to Melissa_Love@justex.net.

CRITICAL

Applies to

Inventory and appraisement

In a divorce proceeding by default, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before trial begins.

In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before the trial by default begins.

CRITICAL

Applies to

Motion to enter

Must include

proposed order

For a contested entry, the movant must attach a proposed order and the proponent must approve it as to form; the nonmovant must attach marked edits and a clean copy signed as to form.

Movant must attach a proposed order to the motion to enter (do not mark with exhibit label) and the proponent must sign indicating approval as to form. Nonmovant must attach markup identifying proposed edits and a clean copy signed indicating approval as to form.

CRITICAL

Applies to

Exhibits

For property divisions involving marital estates with numerous assets or debts, include an editable file such as an .xls file showing the party’s proposed division.

For property divisions involving marital estates with numerous assets or debts, include with the exhibits an editable file (i.e., .xls) containing the party’s proposed property division.

CRITICAL

Applies to

Trial by default

For a default trial where the respondent has not answered or appeared, a certificate of last known address and nonmilitary affidavit or declaration must be on file before trial.

If the respondent has not filed an answer or appeared in the case, a certificate of last known address and nonmilitary affidavit/declaration must be on file before trial.

CRITICALCivil cases

Applies to

Discovery motion

Discovery motions must attach the discovery response at issue or state verbatim the request and answer, and proposed orders must list each discovery issue separately.

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.

CRITICALCivil cases

Applies to

Motion for substituted service

Motions for substituted service under Rule 106 must include an affidavit with specified information regarding service attempts and residence verification.

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.

CRITICALCivil cases

Applies to

Opposition

Must include

proposed order

Please include an order denying your opponent’s motion.

Please include an order denying your opponent’s motion.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Every motion must be accompanied by a proposed order.

Please include an order with every motion filed.

CRITICALCivil cases

Applies to

Motion to withdraw

Motions to withdraw as attorney of record will be considered only if the motion includes the required notices, statements, certificates, and client notification letters.

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.

CRITICALCivil cases

Applies to

Special exception

Special exceptions motions must attach the pleading or state verbatim the paragraph excepted to, and proposed orders must list each exception separately, with an exception for damages-only exceptions.

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.

CRITICAL

Applies to

Motion to withdraw retained attorney

All motions to withdraw as a retained attorney in a case must be signed by the attorney and, unless good cause is shown, approved by the client.

All motions to withdraw as a retained attorney in a case must be signed by the attorney and, unless good cause is shown, approved by the client.

CRITICAL

Applies to

Motion for substitution of retained attorneys

A motion to substitute retained counsel must be signed by both the attorney seeking to withdraw and the attorney seeking substitution.

All motions for substitution of retained attorneys must be signed by the attorney seeking to withdraw and the attorney seeking to be substituted.

CRITICALCivil cases

Applies to

Filing citing an unpublished opinion

Lexis citations are unacceptable unless counsel provides the Court a copy of the unpublished opinion.

The Court does not use Lexis; Lexis citations are not acceptable unless a copy of the unpublished opinion is provided to the Court.

CRITICALCivil cases

Applies to

Guardian Ad Litem appointment request

Parties may not request a particular Guardian Ad Litem, and the Court will not appoint one selected or agreed upon by the parties or counsel.

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.

CRITICALCivil cases

Applies to

Certificate of conference

A certificate stating only that counsel sent a letter or email and received no response is insufficient.

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.

CRITICALCivil cases

Applies to

Motion to amend citation

If the defaulting party was served at an address different from the citation address, the movant must file a Motion to Amend Citation.

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.

CRITICALCivil cases

Applies to

Settlement involving minor children

All settlements involving minor children require a Guardian Ad Litem.

A Guardian Ad Litem is required in all settlements involving minor children.

CRITICALCivil cases

Applies to

Filing citing an unpublished opinion

Counsel citing an unpublished opinion must provide its Westlaw citation.

If citing an unpublished opinion, counsel shall provide the Westlaw citation.

CRITICALCivil cases

Applies to

Amended proposed judgment

If the proposed judgment is amended, file the amended version or bring a hearing copy with all changes clearly highlighted.

If amendments are made, the parties must either file the amended proposed judgment or present a copy at the hearing with all changes from the previously filed version clearly highlighted.

CRITICALCivil cases

Applies to

Default judgment motion seeking attorney’s fees

A motion for default judgment seeking attorney’s fees must include an affidavit with competent supporting evidence.

When seeking attorney’s fees in a motion for default judgment, the movant must include an affidavit providing competent evidence to support the claim.

CRITICALCivil cases

Applies to

Written oral-hearing request

A party seeking an oral hearing on a submission-docket motion must file a written request.

Any party seeking an oral hearing on a motion set on the submission docket must file a written request.

CRITICALCivil cases

Applies to

Minor settlement hearing request

Must include

proposed order

File a proposed Final Judgment before contacting the Clerk for 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.

CRITICALCivil cases

Applies to

Pleading

Counsel must enter the pleading’s full title in the description field when submitting a document.

When submitting documents, counsel shall enter the full title of the pleading in the description field.

CRITICALCivil cases

Applies to

Filing citing legal authority

Counsel must ensure cited authorities exist and are quoted accurately.

Counsel are responsible for ensuring that all cited authorities exist and are accurately quoted.

CRITICALCivil cases

Applies to

Continuance motion and proposed order

Must include

proposed order

If parties also seek to amend the Docket Control Order, the motion must expressly request that relief and the proposed order must state that a new scheduling order will issue.

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.

CRITICALCivil cases

Applies to

Summary judgment withdrawal notice

A party must file a written notice to withdraw a summary judgment motion.

To withdraw a motion for summary judgment, the party must file a written notice of withdrawal with the Court.

CRITICALCivil cases

Applies to

Summary judgment motion or response

File or attach summary judgment evidence with the motion or response rather than incorporate previously filed materials by reference.

Summary judgment evidence should be filed or attached contemporaneously with the motion or response rather than incorporated by reference to materials previously filed.

CRITICALCivil cases

Applies to

Oral hearing request

When obtaining an oral-hearing date, the party must provide an estimated hearing length and state whether a Court Reporter is required.

The party must provide an estimated time for the hearing and indicate whether a Court Reporter is required.

CRITICALCivil cases

Applies to

Default judgment motion

A compliant Non-Military Affidavit must accompany the default judgment motion.

A Non-Military Affidavit that complies with recent amendments to the Soldiers and Sailors Relief Act must be submitted with the motion.

CRITICALCivil cases

Applies to

Discovery proposed order

A discovery proposed order must list each disputed request or objection individually so the Court can rule item by item.

Proposed orders shall list each disputed request or objection individually, allowing the Court to grant or deny relief as to each item.

CRITICALCivil cases

Applies to

Motion or response

Must include

proposed order

Every motion and response, including objections to summary judgment evidence, must include a proposed order.

All motions and responses shall be accompanied by a proposed order. This requirement includes objections to summary judgment evidence.

CRITICALCivil cases

Applies to

Motion for severance

A motion for severance must state its basis.

The motion must state the basis for the severance.

CRITICALCivil cases

Applies to

Proposed order

A proposed order submission must include a cover letter stating whether the order is agreed as to form.

When submitting a proposed order, include a cover letter stating whether the order is agreed as to form.

CRITICALCivil cases

Applies to

Notice of Submission

A party setting a matter on the submission docket must file a Notice of Submission listing each motion’s exact title and serve all counsel and self-represented parties.

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.

CRITICALCivil cases

Applies to

Proposed order

Do not combine multiple motions in one proposed order.

Do not combine multiple motions into a single proposed order.

CRITICALCivil cases

Applies to

Settlement involving minor children

Must include

proposed order

The parties must file an agreed motion to appoint a Guardian Ad Litem and a proposed appointment order.

The parties shall file an Agreed Motion for Appointment of Guardian Ad Litem and a proposed Order Appointing Guardian Ad Litem.

CRITICALCivil cases

Applies to

Motion

Relief will be denied without further consideration if a motion relies on nonexistent, fabricated, or hallucinated citations.

If the Court determines that a motion contains such citations upon which its request for relief relies, the requested relief will be denied without further consideration.

CRITICALCivil cases

Applies to

Summer trial setting request or agreement

Parties requesting or agreeing to a summer trial setting must expressly waive conflicting vacation letters.

*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.

CRITICALCivil cases

Applies to

Summary judgment withdrawal notice

The withdrawal notice must use the specified title and identify the original filing date.

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.

CRITICALCivil cases

Applies to

Summary judgment motion

A summary judgment movant’s oral-hearing request must appear in the motion title.

If a movant requests an oral hearing, the request must appear in the title of the motion.

CRITICALCivil cases

Applies to

Motion

Agreed or unopposed motions must be clearly labeled accordingly.

Such motions must be clearly labeled “Agreed” or “Unopposed.”

CRITICALCivil cases

Applies to

Emergency motion

An emergency hearing request requires a written emergency motion detailing the basis for emergency relief.

To request an emergency hearing, a party must file a written emergency motion that provides a detailed explanation establishing the basis for emergency relief.

CRITICALCivil cases

Applies to

Notice of Oral Hearing

A Notice of Oral Hearing must give the exact title of every motion to be heard.

The notice must state the exact title of each motion to be heard.

CRITICALCivil cases

Applies to

Summary judgment response

A summary judgment non-movant’s oral-hearing request must appear in the response title.

If a non-movant requests an oral hearing, the request must appear in the title of the response.

CRITICALCivil cases

Applies to

Proposed order on first continuance

Must include

proposed order

A proposed order on a first continuance must leave a blank for the Court to insert the new trial date.

The proposed order shall include a blank for the Court to insert the new trial date.

CRITICALCivil cases

Applies to

Rule 106 motion for substituted service

A Rule 106 motion for substituted service must include an affidavit detailing address verification, service attempts, persons and vehicles observed, and facts supporting notice by the requested method.

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.

CRITICALCivil cases

Applies to

Motion to amend citation

Must include

proposed order

The Motion to Amend Citation should request correction to the address where valid service occurred and include a proposed order.

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.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A motion lacking a certificate confirming an actual discussion or explaining why none occurred will be passed.

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.

CRITICALCivil cases

Applies to

Exhibit

Exhibits must be clearly labeled without all capital letters and filed separately.

Exhibits must be clearly labeled (without using all capital letters) and filed as separate documents.

CRITICALCivil cases

Applies to

Discovery motion and proposed order

A discovery motion and its proposed order must identify each discovery issue separately.

The motion and proposed order must identify each discovery issue separately.

CRITICALCivil cases

Applies to

Motion, plea, or special exception

Must include

certificate of conference

Motions, pleas, and special exceptions require a certificate of conference, subject to the listed exceptions.

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

CRITICALCivil cases

Applies to

Emergency motion

An emergency motion must state that notice was given to opposing counsel or self-represented parties, or specifically explain why notice could not be given.

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.

CRITICALCivil cases

Applies to

Pretrial order

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.

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.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Discovery motions and proposed orders must identify each issue, disputed request, or objection separately.

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.

CRITICALCivil cases

Applies to

Pleading

When submitting a document, counsel must enter the pleading's full title in the description field.

When submitting documents, counsel shall enter the full title of the pleading in the description field.

CRITICALCivil cases

Applies to

Proposed order

A proposed order submission must include a cover letter stating whether the order is agreed as to form.

When submitting a proposed order, include a cover letter stating whether the order is agreed as to form.

CRITICALCivil cases

Applies to

Jury instructions

The parties must exchange a proposed jury charge before trial and provide the Court an electronic Microsoft Word copy by 4:00 p.m. the day before trial.

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.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

If the defaulting party was served at an address different from the citation address, the movant must file a Motion to Amend Citation requesting the correct address and including a proposed order.

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.

CRITICALCivil cases

Counsel citing an unpublished opinion must provide its Westlaw citation.

If citing an unpublished opinion, counsel shall provide the Westlaw citation.

CRITICALCivil cases

Applies to

Motion

A compliant Non-Military Affidavit must be submitted with a default-judgment motion.

A Non-Military Affidavit that complies with recent amendments to the Soldiers and Sailors Relief Act must be submitted with the motion.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Motions and responses, including objections to summary judgment evidence, must be accompanied by a proposed order.

All motions and responses shall be accompanied by a proposed order. This requirement includes objections to summary judgment evidence.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

Applies to

Proposed order

For Level 3 cases requiring special scheduling, the parties must prepare and submit an agreed scheduling order for Court approval.

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.

CRITICALCivil cases

Applies to

Motion

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.

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.

CRITICALCivil cases

Applies to

Proposed order

Counsel must submit a proposed form of judgment for the Court’s consideration in a non-jury trial.

Counsel shall also submit a proposed form of judgment for the Court’s consideration.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A certificate of conference is required for motions, pleas, and special exceptions, except for the listed categories.

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

CRITICALCivil cases

Applies to

Notice of motion

A party setting a matter on the submission docket must file a Notice of Submission identifying each motion by exact title and serve all counsel and self-represented parties.

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.

CRITICALCivil cases

Before deposition testimony is offered, provide the Court Reporter page and line designations and a non-condensed transcript copy.

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.

CRITICALCivil cases

Complete exhibit redactions before offering the exhibit; if redacted after admission, re-mark it as an “A” exhibit and have the Court Reporter retain the unredacted original.

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.

CRITICALCivil cases

Provide the Court Reporter copies of PowerPoint presentations and case law at the same time they are provided to the Court.

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.

CRITICAL

Applies to

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.

Any attempt at prohibited ex parte communication must be promptly disclosed to all parties involved in the case and documented in the court record.

CRITICALCivil cases

When reading deposition testimony into the record, counsel must say “Question” and “Answer” before the respective portions.

When reading deposition testimony into the record, counsel must state “Question” and “Answer” before each respective portion.

CRITICALCivil cases

Applies to

Motion

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.

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.

CRITICALCivil cases

Applies to

Proposed order

Multiple motions must not be combined into one proposed order.

Do not combine multiple motions into a single proposed order.

CRITICALCivil cases

Every offered exhibit must be tendered to the Court Reporter whether admitted or not, and an assigned exhibit number cannot be reused.

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.

CRITICALCivil cases

Applies to

Motion

A party requesting an emergency hearing must file a written emergency motion with a detailed explanation establishing the basis for emergency relief.

To request an emergency hearing, a party must file a written emergency motion that provides a detailed explanation establishing the basis for emergency relief.

CRITICALCivil cases

Applies to

Proposed order

The order on a continuance must state its number, such as a third continuance.

The number of continuance MUST be included in the order. EX. "Plaintiffs order for a 3rd continuance"

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

The parties must file an Agreed Motion for Appointment of Guardian Ad Litem and a proposed appointment order.

The parties shall file an Agreed Motion for Appointment of Guardian Ad Litem and a proposed Order Appointing Guardian Ad Litem.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A certificate reporting only an unanswered letter or email is not a proper certificate of conference.

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.

CRITICALCivil cases

Applies to

Notice of motion

Emailing or calling the Clerk to announce an intent to withdraw a summary-judgment motion does not withdraw it or comply with Rule 166a.

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.

CRITICALCivil cases

Parties requesting or agreeing to a summer trial setting must expressly waive any conflicting vacation letters.

*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.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A motion seeking both a continuance and Docket Control Order amendment must expressly request the amendment, and its proposed order must provide for a new scheduling order; alternatively, the parties may submit a proposed amended scheduling order.

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.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A motion requiring a conference will be passed unless its certificate confirms an actual discussion about the requested relief or explains why no discussion occurred.

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.

CRITICALCivil cases

Counsel questioning a witness about an exhibit must have a complete set of relevant exhibits available while the witness is on the stand.

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.

CRITICALCivil cases

Applies to

Motion

A severance motion must state its basis.

The motion must state the basis for the severance.

CRITICALCivil cases

Applies to

Notice of motion

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.

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.

CRITICALCivil cases

Applies to

Proposed order

A proposed continuance order must include a new trial date or a blank line for the Court to consider or insert one.

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.

CRITICALCivil cases

Applies to

Motion

A party seeking an oral hearing on a motion set for submission must file a written request.

Any party seeking an oral hearing on a motion set on the submission docket must file a written request.

CRITICALCivil cases

Settlements involving minor children require a Guardian Ad Litem.

A Guardian Ad Litem is required in all settlements involving minor children.

CRITICALCivil cases

Applies to

Response

A non-movant requesting an oral hearing on summary judgment must state the request in the response title.

If a non-movant requests an oral hearing, the request must appear in the title of the response.

CRITICALCivil cases

In a non-jury trial, counsel must prepare and exchange proposed findings and conclusions and any closing argument briefs, and provide copies to the Court.

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.

CRITICALCivil cases

Applies to

Motion

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.

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.

CRITICALCivil cases

Before trial, each party must give the Court Reporter its marked original exhibits and a corresponding exhibit list.

Before trial begins, each party shall provide the Court Reporter with its marked original exhibits and a corresponding exhibit list.

CRITICALCivil cases

Accurate exhibit lists must be provided to both the Court and the Court Reporter.

Accurate exhibit lists must be provided to both the Court and the Court Reporter.

CRITICALCivil cases

Lexis citations are unacceptable unless counsel provides the Court a copy of the unpublished opinion.

The Court does not use Lexis; Lexis citations are not acceptable unless a copy of the unpublished opinion is provided to the Court.

CRITICALCivil cases

Applies to

Notice of motion

After a hearing date is assigned, the requesting party must file and serve a Notice of Oral Hearing on all counsel and self-represented litigants, identifying each motion by its exact title.

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.

CRITICALCivil cases

Applies to

Motion

An emergency motion must state that notice was provided to opposing counsel or self-represented parties, or specifically explain why notice could not be given.

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.

CRITICALCivil cases

Applies to

Severance motion and order

A severance motion and order must state the new case number, court number, case type, and style name.

New case number, court number, case type and new style name;

CRITICALCivil cases

Applies to

Rule 106 affidavit

The Rule 106 affidavit must identify persons present at the address and state what was said.

Identity of persons who were present at the subject address and what was said; and

CRITICALCivil cases

Applies to

Rule 106 affidavit

The Rule 106 affidavit must describe efforts to verify that the defendant lives or works at the address.

Efforts taken to verify that defendant actually lives or works at the subject address;

CRITICALCivil cases

Applies to

Final order

A final order must state that it disposes of all claims and parties and is intended to be final and appealable.

Final orders MUST state that the order disposes of all claims and all parties and is intended to be a final, appealable order.

CRITICALCivil cases

Applies to

Severance motion and order

A severance motion and order must identify the attorney name, address, and bar number for assessment of severance costs.

Indicate attorney name, address and bar number to whom costs for the severance are to be assessed; and

CRITICALCivil cases

Applies to

Motion and proposed order to withdraw

A withdrawal motion and order must state whether the client consents.

An indication of whether or not the client consents to the motion;

CRITICALCivil cases

Applies to

Motion and proposed order to withdraw

A motion and proposed order to withdraw as attorney of record must include the specified client-notice, consent, contact, and hearing-right information.

All motions AND proposed orders to withdraw as attorney of record MUST contain the following:

CRITICALCivil cases

Applies to

Rule 106 affidavit

The Rule 106 affidavit must include a public-record or similar database printout confirming the person resides at the service address.

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.

CRITICALCivil cases

Applies to

Severance motion

This should be expressly stated one way or the other in the motion for severance.

This should be expressly stated one way or the other in the motion for severance.

CRITICALCivil cases

Applies to

Hearing notice

After scheduling a hearing date with the clerk, file a notice of oral hearing or, when applicable, a notice of written submission.

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.

CRITICALCivil cases

Applies to

Rule 106 substituted service motion

A Rule 106 substituted-service motion must include an accompanying affidavit containing the specified information.

All motions for substituted service under Rule 106 must be accompanied by an affidavit that includes the following information:

CRITICALCivil cases

Applies to

Severance motion and order

A severance motion and order must state the severed case’s status and whether it will be interlocutory or final and appealable upon severance.

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.

CRITICALCivil cases

Applies to

Non suit motion notice or order

Non-suit motions, notices, and orders should expressly state that they are filed under Texas Rule of Civil Procedure 162.

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.

CRITICALCivil cases

Applies to

Trial materials

The parties must exchange the listed trial materials before Docket Call.

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.

CRITICALCivil cases

Applies to

Motion and proposed order to withdraw

A withdrawal motion and order must indicate that the motion and hearing or submission notice were provided to the client and include evidence that the motion was mailed.

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;

CRITICALCivil cases

Applies to

Certificate of conference

Must include

certificate of conference

A certificate of conference must expressly describe efforts to resolve the motion with all other parties or counsel before filing.

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.

CRITICALCivil cases

Applies to

Case conduct

Throughout a case, parties, counsel, agents, and representatives must comply with the stated Texas procedural and professional-conduct rules, as applicable.

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).

CRITICALCivil cases

Applies to

Default judgment submission

Submit the proper non-military affidavit using the Defense Manpower Data Center Military Verification service.

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.

CRITICALCivil cases

Applies to

Motion and proposed order to withdraw

A withdrawal motion and order must provide the client’s last known mailing address, email, phone number, and fax number.

The last known mailing address, email, phone and fax number of client; and

CRITICALCivil cases

Applies to

Motion and proposed order to withdraw

The client must be notified of the right to appear and object at the hearing or file a response before submission.

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;

CRITICALCivil cases

Applies to

Continuance or reset motion

Every continuance or reset motion must identify its sequence number, whether agreed, unopposed, or opposed.

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.).

CRITICALCivil cases

Applies to

Motions pleas and special exceptions

Must include

certificate of conference

The conference-certificate requirement extends to motions, pleas, and special exceptions, except for the listed categories.

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.

CRITICALCivil cases

Applies to

Severance motion and order

A severance motion and order must list the original pleadings to be transferred and each pleading’s document type, activity date, page count, and image number.

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);

CRITICALCivil cases

Applies to

Severance motion and order

A severance motion and order must identify the parties in the new suit.

Reference the parties in the new suit;

CRITICALCivil cases

Applies to

Trial or pretrial deadline continuance motion

Trial or pretrial-deadline continuance motions must include an appropriate affidavit unless agreed.

Motions for trial or pretrial deadline continuances MUST to be accompanied by an appropriate affidavit, unless they are agreed.

CRITICALCivil cases

Applies to

Continuance or reset motion

Every continuance or reset motion must identify its sequence number, whether agreed, unopposed, or opposed.

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.).

CRITICALCivil cases

Applies to

Non suit dismissal or judgment

Non-suits, dismissals, and judgments should be titled as interlocutory or final.

All non-suits, dismissals and judgments should be titled as interlocutory or final.

CRITICALCivil cases

Applies to

Application

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.

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.

CRITICALCivil cases

Applies to

Motion or other document seeking relief

Must include

proposed order, certificate of service, certificate of conference

A filing seeking relief must include a certificate of service, any TRCP-required certificate of conference, and a proposed order.

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.

CRITICALCivil cases

Applies to

Certificate of conference

Must include

certificate of conference

If the other side cannot be reached before filing, the certificate should describe communication efforts and be supplemented as soon as possible after conferral occurs.

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.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Motions must include certificates of conference when required by the Texas Rules of Civil Procedure and local rules.

Motions must have certificates of conference as required by the Texas Rules of Civil Procedure and our local rules.

CRITICALCivil cases

Applies to

Discovery motion or hearing request

Must include

certificate of conference

Discovery motions and discovery-hearing requests must include a certificate stating that a reasonable attempt to resolve the dispute without Court intervention failed.

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.

CRITICALCivil cases

Applies to

Default judgment motion and proposed judgment

A default-judgment motion and proposed judgment must identify whether the judgment is final or interlocutory.

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).

CRITICALCivil cases

Applies to

Proposed findings conclusions

In a non-jury trial, proposed findings of fact and conclusions of law must be filed before trial.

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.

CRITICALCivil cases

Applies to

Severance motion and order

Severance motions and orders must include each of the specified case and transfer details.

All motions AND orders for severance MUST contain the following:

CRITICALCivil cases

Applies to

Adr

The standard docket control order requires the parties to complete alternative dispute resolution.

The court’s standard docket control order requires the parties to complete ADR.

CRITICALCivil cases

Applies to

Agreed motion and order

An agreed motion and order should include signature blocks for all parties agreeing to the requested relief and the specified agreement language.

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.”

CRITICALCivil cases

Applies to

Rule 106 motion

Must include

proposed order

A Rule 106 motion should include the Court’s form order.

Any Rule 106 Motion should be accompanied by the court’s form order.

CRITICALCivil cases

Applies to

Interlocutory order

An interlocutory order should expressly identify the parties and claims dismissed and those remaining.

Interlocutory orders should expressly list which parties and claims are being dismissed and which remain (if any).

CRITICALCivil cases

Applies to

Rule 106 affidavit

The Rule 106 affidavit must list each service attempt with its date and time; six attempts are required, including at least one before 7:30 AM and two after 6:00 PM.

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.

CRITICALCivil cases

Applies to

Motion to withdraw as attorney of record

Must include

certificate of conference

Motions to withdraw as attorney of record require a certificate of conference.

These motions DO require a certificate of conference, as opposing counsel has a right to be heard on these motions.

CRITICALCivil cases

Applies to

Case conduct

Violations of these procedures or other court orders or instructions are punishable by contempt.

Violations of these procedures (or of other orders and/or instructions of the court) are punishable by contempt.

CRITICALCivil cases

Applies to

Exhibit

An exhibit related to any witness’s criminal conviction must be shared with opposing counsel no later than Docket Call.

Any exhibit related to a criminal conviction of any witness MUST be shared with opposing counsel NO LATER than Docket Call.

CRITICALCivil cases

Applies to

Deposition excerpts

Deposition excerpts for any witness expected to testify by deposition must be provided to opposing counsel before Docket Call.

Provide to opposing counsel deposition excerpts for any witness anticipated to testify by deposition PRIOR to the docket call.

CRITICALCivil cases

Applies to

Trial binder

Counsel must provide a hardcopy trial binder to the Court.

Counsel must provide the Court with a hardcopy trial binder.

CRITICALCivil cases

Applies to

Notice of settlement

A notification of settlement must be filed when settlement is announced to remove the case from the active trial docket.

Upon announcing settlement, a notification of settlement must be filed with the Court to remove the case from the active trial docket.

CRITICALCivil cases

Applies to

Motion to reinstate

If a case is DWOP'd for failure to file judgment/non-suit, counsel must file a motion to reinstate and formally set it for ruling.

If the case is DWOP'd due to failure to file judgment/non-suit, counsel will have to file a motion to reinstate the case and set the reinstatement formally before the Court for ruling.

CRITICALCivil cases

Applies to

Trial notebook

Trial notebooks must contain motion in limine and order, exhibit list, witness list, and proposed order on all objections.

All parties must prepare, exchange, and bring to the pretrial conference, a Trial Notebook that contains: * Motion in Limine and Order * Exhibit List * Witness List * Proposed Order on ALL Objections

CRITICALCivil cases

Applies to

Motion for substituted service

Motions for substituted service require an affidavit verifying at least 5 attempts of personal service.

Motions for Substituted Service will not be granted without an affidavit verifying that at least 5 attempts of personal service have been made.

CRITICALCivil cases

Applies to

Proposed jury charge

Parties must submit proposed jury charge/findings and final judgment via email in Word or on a thumb drive.

All parties are to submit a Proposed Jury Charge/Findings of Fact and Conclusions of Law and Proposed Final Judgment to the Court via email in Word Format or on a thumb drive.

CRITICALCivil cases

Applies to

Motion to retain

Must include

proposed order

To avoid DWOP after settlement, a motion to retain and proposed order must be filed.

If a judgment/non-suit has not been filed at the time of DWOP and counsel would like to maintain the case on the docket, a Motion to Retain must be filed with the Court. A Proposed Order must be filed in order for a Motion to Retain to be granted and avoidance of DWOP.

CRITICALCivil cases

Applies to

Motion to retain

Must include

proposed order

To retain a case on the DWOP docket, a motion to retain and proposed order must be filed.

A Motion to Retain and Proposed Order must be filed to retain the set case for dismissal on the Court's docket.

CRITICALCivil cases

Applies to

Certificate of conference

The certificate of conference must detail efforts to resolve issues and sufficient communication attempts; a bare statement of sending a letter is insufficient.

The Certificate of Conference should include a detailed statement of the movant’s efforts to resolve the issues in the motion with opposing counsel/party prior to filing the motion. 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. A statement along the lines of, "Counsel faxed, emailed, or mailed a letter to opposing counsel and they did not respond," is NOT sufficient to meet the requirement to confer.

CRITICALCivil cases

Applies to

Motion for emergency hearing

If only one side considers it an emergency, e-file a motion for emergency hearing.

If only one side feels it is an emergency, e-file a motion for emergency/expedited hearing.

CRITICALCivil cases

Applies to

Proposed order severance

Proposed order of severance must include the listed elements.

The proposed Order of Severance should include the following: How the severed case is to be styled. The new cause number- (A) (B) (C) The parties to be included in the severed case. All the pleadings that are to be severed into the new file, which include document title, document filed date, and image number. Whether the Order disposes of the severed case, or whether it will remain an active case; and Who will pay for the costs of severance.

CRITICALCivil cases

Applies to

Bench trial documents

Counsel must file Findings of Fact and Conclusions of Law and a Final Judgment before a bench trial.

Counsel shall file a Findings of Fact and Conclusions of Law and a Final Judgment with the Court prior to trial.

CRITICAL

Applies to

Notice of hearing

Must include

certificate of service

Opposed matters require scheduling a hearing and filing a notice of hearing with a certificate of service; otherwise the court will not rule.

If your matter is opposed and you do not schedule your hearing and file a notice of hearing with a certificate of service, the court will not make a ruling.

CRITICALCivil cases

Applies to

Motion for preferential setting

Must include

proposed order

Preferential setting requires a motion and proposed order, stating the reason, and a signed order.

Counsel must file a Motion and Proposed Order. The motion must notate the reason for need of the preferential setting. There must be a signed order in the case file for a case to be observed as a preferential setting case.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Motions require a certificate of conference unless they are for default judgment, summary judgment, or dismissal.

All Motions require a Certificate of Conference, with the following exceptions: Motion for Default Judgment, Motion for Summary Judgment and Motion to Dismiss.

CRITICALCivil cases

Applies to

Continuance motion

Must include

proposed order

A proposed order must accompany all motions for continuance.

A Proposed Order must be filed with all Motions for Continuances.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A proposed order must be filed with every motion and response before the hearing, or the hearing will be passed.

ALL Motions and Responses filed with the Court must have a Proposed Order filed with the Court before the hearing or the hearing will automatically be passed.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of service

Withdrawal motions must include a statement of circumstances, a certificate with client contact info, a copy of the notice letter with specified contents, and proof of service if the client has not agreed.

The motion must contain: a statement of the particular circumstances and disciplinary rules requiring withdraw; a certificate of the attorney of record of the client’s name, address, telephone number, e-mail address and the last known time the information was correct; 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 extensions will be granted to the pro se client in order to obtain other counsel; and (e) notice of the hearing at which the motion to withdraw will be considered; and If the client has not agreed to the withdraw, proof of service of the letter described above must be filed.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of service

Rule 106 motions may be submitted without an oral hearing but must include an affidavit with specified service details.

Rule 106 Motions can be submitted to the Court without the need for an oral hearing but must be accompanied by an affidavit that includes the following information: efforts taken to 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 driveway, other indications that defendant resides at the subject address, or other evidence that service as proposed is likely to give the defendant actual notice of the lawsuit.

CRITICALCivil cases

Applies to

Exhibits

Demonstrative exhibits and PowerPoint presentations must be shown to all parties before being shown to the jury.

All demonstrative exhibits and Power Point presentations must be shown to all parties before being shown to the jury.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

Discovery motions must include a brief description of the dispute, a certificate of conference with details of discussions, and copies of the discovery requests and responses at issue.

The complaining party should file a motion containing: a brief description of the dispute; a certificate of conference stating the name of all counsel participating in the discussions, including the date, time, and place the parties have had out of-court discovery discussions, and the results of those discussions; and a copy or verbatim reproduction of the discovery requests and responses at issue.

CRITICALCivil cases

Applies to

Trial notebook

Parties must prepare, exchange, and bring a Trial Notebook containing live pleadings, witness lists, exhibit lists, motions in limine, deposition excerpts, and proposed jury charges.

The parties must prepare, exchange and bring to the pretrial conference, a Trial Notebook that contains: live pleadings; witness lists (with estimated time for examination and cross-examination of each); exhibit lists (including copies of exhibits and any objections); motions in limine and objections; deposition excerpts and objections; and proposed jury charges.

CRITICALCivil cases

Applies to

Settlement

A Guardian Ad Litem is required for settlements involving minor children unless the Court approves proceeding without one at an in-person status conference.

A Guardian Ad Litem will be required for all settlements involving minor children, unless the Court has been advised of same and approved proceeding without a guardian ad litem during an in person status conference.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A certificate of conference is required for all motions, pleas, and special exceptions, with specific exceptions for dispositive motions, default judgments, voluntary dismissals/non-suits, and service-of-citation motions.

A certificate of conference is required for all motions, pleas, and special exceptions except for: dispositive motions, including motions for summary judgment; default judgments; motions for voluntary dismissal or non-suit; and motions involving service of citations.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Parties must submit an agreed motion and order for appointment of a Guardian Ad Litem; the Court selects the GAL and informs the parties.

The parties are to submit an agreed motion and order for appointment of a Guardian Ad Litem. The Court will then select the Guardian Ad Litem for that case, and will inform the parties of the Court's decision.

CRITICALCivil cases

Applies to

Proposed order

The proposed Order of Severance must include styling, new cause number, parties, pleadings to sever, disposition status, and cost responsibility.

The proposed Order of Severance should include the following: how the severed case is to be styled; the new cause number; the parties to be included in the severed case; all the pleadings that are to be severed into the new file; whether the Order disposes of the severed case, or whether it will remain an active case; and who will pay for the costs of severance.

CRITICALCivil cases

Applies to

Certificate

Must include

certificate of conference

Certificates of conference must include the method and timing of conferral, the names of participants, and whether relief is opposed or agreed.

Certificates of conference must state: how and when parties conferred on the matters on which relief is sought; the names of the attorneys/parties who conferred; and whether the relief is opposed, agreed, or agreed in part.

CRITICALCivil cases

Applies to

Motion

To request remote testimony via Zoom, file an agreed motion for leave set for oral hearing, including a sworn statement with specific equipment, setting, and exhibit requirements.

If a party would like to request permission from the Court to have a witness appear for trial via Zoom, a motion requesting leave for this purpose should be filed and set for oral hearing. The Motion for Leave must be agreed, and must include a sworn statement from the attorney presenting the witness that: They have ensured that the witness has available electronic equipment sufficient to host such testimony and that the attorney and witness have personally tested the equipment to ensure it works and everyone involved knows how to use the equipment; The witness will be testifying in a neutral setting with no room decoration within view of the camera; The witness will be the only person in the room; and A complete set of all exhibits (or select exhibits as agreed upon by all counsel in cases with more than 50 total exhibits), in hard copy, have been delivered to the witness, and that the witness will have all exhibits available for testimony.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Every motion and response must have a proposed order filed before the hearing.

All motions and responses must have a proposed order filed in advance of the hearing on that motion.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

At least 24 hours before the minor settlement hearing, parties must present the proposed Judgment and the Supreme Court ad litem fee report.

At least 24 hours prior to the time of the hearing, the parties are to present the proposed Judgment, as well as the Supreme Court ad litem fee report.

WARNINGCivil cases

Applies to

Motion for severance

Must include

proposed order

Severance motion must state basis and proposed order must include listed items.

Motions for Severance may be set either for submission or oral hearing. The motion must state the basis for the severance. The proposed Order of Severance should include the following: how the severed case is to be styled; the cause number; the parties to be included in the severed case; all the pleadings that are to be severed into the new file; whether the Order disposes of the severed case, or whether it will remain an active case; and who will pay for the costs of severance.

WARNING

Applies to

Motion

Your requests to the court should be made in a written motion.

Your requests to the court should be made in a written motion.

WARNINGCivil cases

Applies to

E filed document

E-filed documents must have full title in description field, separately filed exhibits with numbers, and no all caps.

When filing documents, please type the entire title of your pleading in the description field and clearly label all exhibits. Do not use all caps. Each exhibit should be filed separately. Exhibits should be numbered, not by letter.

WARNINGCivil cases

Applies to

Rule 106 motion

Parties requesting an Order for Substituted Service under Rule 106 should use the court’s suggested form: 190TH Order Granting Rule 106 Substitute Service.docx. Rule 106 Motions can be submitted to the Court without the need for an oral hearing but must be accompanied by an affidavit that includes the following information: efforts taken to 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 driveway or other indications that defendant resides at the subject address.

Parties requesting an Order for Substituted Service under Rule 106 should use the court’s suggested form: 190TH Order Granting Rule 106 Substitute Service.docx. Rule 106 Motions can be submitted to the Court without the need for an oral hearing but must be accompanied by an affidavit that includes the following information: efforts taken to 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 driveway or other indications that defendant resides at the subject address.

WARNINGCivil cases

Applies to

Temporary injunction

Must include

proposed order

Moving party must submit proposed temporary injunction order before hearing starts.

The moving party must submit a proposed temporary injunction order before the hearing begins.

WARNINGCivil cases

Applies to

Discovery motion

Must include

proposed order

Discovery motion proposed orders must list each issue separately, and both movant and non-movant must submit proposed orders.

Proposed orders should list each discovery issue separately. Both the movant and non-movant must submit a proposed order.

WARNINGCivil cases

Applies to

Default judgment

HOA default judgment motions must be set for oral hearing and include review of lien language, deed, and accounting.

Motions for Default Judgment based upon unpaid assessments or deed restriction violations must be set for an oral hearing; however, a board member or property manager does not need to be present at the hearing. The Court would like to review the following three documents at the hearing: the lien foreclosure language in the declarations; the deed; and the accounting.

WARNINGCivil cases

Applies to

Minor settlement

Must include

proposed order

For settlements involving minors with conflict of interest, parties must submit agreed motion/order for Guardian Ad Litem, and at hearing present proposed judgment and ad litem fee report.

A Guardian Ad Litem will be required for all settlements involving minor children. This applies when there is a conflict of interest between the minor(s) and the parent or legal guardian. The parties are to submit an agreed motion and order for appointment of a Guardian Ad Litem. The Court will then select the Guardian Ad Litem for that case, and will inform the parties of the Court's decision. Once a Guardian Ad Litem has been appointed, the parties may contact the Court Clerk in order to obtain a Minor Settlement hearing date. At the time of the hearing, the parties are to present the proposed Judgment, as well as the Supreme Court ad litem fee report.

WARNINGCivil cases

Applies to

Notice of submission

When setting a matter on submission docket, file notice of submission with exact motion titles and serve on all parties.

If you set a matter on the submission docket file a notice of submission with the exact title of the motion or motions set for consideration and serve it on all counsel and self-represented parties.

WARNING

Applies to

Opposed motion

The clerk must not submit noncompliant opposed motions to the judge, except that this requirement does not apply to the listed motion types.

The clerk of each court is directed not to submit opposed motions to the judge which do not comply with this rule. The provisions of subparts 5.1.2 and 5.1.3 do not apply to motions for summary judgment, default judgments, agreed judgments, motions for voluntary dismissal or non suit, and motions involving service of citation.

WARNING

Applies to

Final order

When staff are available, a DRO staff attorney shall review the final order or decree and any necessary attachments or other documents.

As available, the DRO staff attorney shall review the final order/decree, any necessary attachments, and any other necessary documents.

WARNING

Applies to

Exhibits

Rebuttal or impeachment exhibits not exchanged before the hearing must respond to a matter raised by the other side.

Rebuttal or impeachment exhibits that were not exchanged before the hearing must be responsive to a matter raised by the other side.

WARNING

DRO review is available only when a qualifying family law case is pending in Harris County, is uncontested by agreement or default, and neither party is represented by an attorney.

Required criteria: - *A petition for divorce, a suit affecting parent child relationship, or other family law case is currently pending in Harris County.* - *The suit is uncontested, either by agreement (decree/order is signed by the other party) or default (other party has signed a global waiver or has been served and failed to file an answer following the prescribed time-period); and* - *Neither party to the suit is presently represented by an attorney.*

WARNINGCivil cases

Applies to

Pleading

Must include

exhibit list

When e-filing, type the full pleading title in the description field, label exhibits clearly, avoid all caps, and file each exhibit separately.

When filing documents, please type the entire title of your pleading in the description field and clearly label all exhibits. Do not use all caps. Each exhibit should be filed separately.

WARNINGCivil cases

Applies to

Minor settlement hearing

At the minor settlement hearing, parties must present the proposed Judgment and the Supreme Court ad litem fee report.

At the time of the hearing, the parties are to present the proposed Judgment, as well as the Supreme Court ad litem fee report.

WARNINGCivil cases

Applies to

Notice of oral hearing

The notice of oral hearing must state the exact title of the motion or motions to be heard.

The hearing notice must state the exact title of the motion or motions to be heard.

WARNING

Applies to

Deposition designations