Harris County District Courts Pre-Motion Conference Requirements

CRITICALCivil cases

The motion must be filed before setting a hearing.

You must file your motion first before setting your hearing.

CRITICALCivil cases

Oral hearing is required only for expedited foreclosure default judgments; other default judgments may be set for submission.

An oral hearing is required on expedited foreclosure default judgments only. All other default judgments can be set for submission.

CRITICALCivil cases

All summary judgment motions must be set for oral hearing on the law day docket within 30 days of filing.

ALL Summary Judgment Motions MUST be set for an ORAL HEARING ONLY and placed on our LAW DAY DOCKET within 30 days of filing.

CRITICALCivil cases

HOA default judgment motions based on unpaid assessments or deed restriction violations must be set for an oral hearing; board member or property manager need not be present.

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.

CRITICALCivil cases

All show cause matters must be heard orally.

All Show Causes must be done by oral hearing.

CRITICAL

Parties must confer with opposing counsel before filing all motions except for an enumerated list of exempt motion types.

You are required to confer with opposing counsel prior to filing all motions except for motions for summary judgment, motions to dismiss, pleas to the jurisdiction, motions to transfer venue, motions for voluntary dismissal/nonsuit, post-verdict motions, motions involving service of process or default judgments.

CRITICAL

Emergency hearings are granted only if the parties have conferred about the matter.

An emergency hearing will not be granted unless the parties have conferred about the matter.

CRITICAL

All cases must mediate before a temporary injunction hearing is heard.

The 270th REQUIRES ALL cases to mediate before the Temporary Injunction is heard.

CRITICAL

The movant must confer person-to-person with opposing counsel before the Court will consider a motion that requires a conference.

The movant must confer person-to-person with opposing counsel before the Court will consider a motion that requires a conference.

CRITICAL

All cases must be mediated before trial.

All cases are required to be mediated before trial.

CRITICALCivil cases

Parties must consult with one another before filing a discovery-related motion; consultation between lead attorneys is preferred.

Always consult with each other (preferably lead attorney on the case to opposing lead attorney on the case) before filing any motions related to discovery.

CRITICALCivil cases

The listed motions are considered on submission, except that unliquidated-damages default motions require an oral hearing; the Court may require an oral or phone conference hearing in certain circumstances.

The Court requires that certain motions be considered only on submission. These motions include; liquidated default judgment motions (unliquidated damages motions for default will, of course, require an oral hearing with a record), motions to compel, objections to discovery, motions to enroll pro hac vice, routine Rule 47 special exceptions, motions to withdraw as attorney of record, motion to substitute counsel, motion to appoint ad litems, referral and objections to mediation, motion to deposit registry funds, and motions for withdrawal of funds. HOWEVER, the court, in its' discretion, may require an oral hearing or phone conference hearing for such motions in certain circumstances.

CRITICALCivil cases

Default-judgment motions based on unpaid assessments or deed restriction violations must be set for an oral hearing.

Motions for Default Judgment based on unpaid assessments or deed restriction violations must be set for oral hearing.

CRITICALCivil cases

Parties must confer on all discovery motions before the hearing and be prepared to discuss those efforts with the Court.

The parties should conference on all discovery motions prior to a hearing and be prepared address these efforts with the Court.

CRITICAL

Failure to actually confer or adequately explain unsuccessful attempts may result in the motion being removed from the docket.

Failure to actually confer with the other side or adequately explain why after multiple attempts you were unable to confer before the hearing or submission date may result in your motion being removed from the docket.

CRITICALCivil cases

Before filing most motions, counsel must confer with opposing counsel and include a detailed certificate of conference, with exceptions for specified motion types.

With the exception of dispositive motions, motions for voluntary dismissal non-suits, post-verdict motions, and motions involving service of process, you must confer with opposing counsel prior to filing a motion and include a detailed certificate of conference.

CRITICALCivil cases

A motion will not be set for oral hearing without an estimated hearing time.

No motion will be set for oral hearing without a time estimate.

CRITICALCivil cases

Before the Court considers a motion requiring a conference, the movant must confer directly and person-to-person with opposing counsel.

The movant must confer directly, person-to-person, with opposing counsel before the Court will consider any motion requiring a conference.

CRITICALCivil cases

Default judgment motions based on unpaid assessments or deed restriction violations must be set for oral hearing.

Motions for Default Judgment based on unpaid assessments or deed restriction violations must be set for oral hearing.

CRITICALCivil cases

Motions to compel and other discovery-dispute motions must be set on the oral hearing docket.

All motions to compel, and any motion related to discovery disputes, must be set on the oral hearing docket.

CRITICALCivil cases

Motions to withdraw must be set for oral hearing unless they strictly comply with Rule 10 and are signed by all parties and attorneys of record.

All motions to withdraw as counsel must be set on the Court’s oral hearing docket unless the motion strictly complies with Texas Rule of Civil Procedure 10 and is signed by all parties and all attorneys of record.

CRITICALCivil cases

A default judgment seeking unliquidated damages requires an oral hearing, which is set by contacting the Clerk after filing the motion.

Default judgments seeking unliquidated damages require an oral hearing. Contact the Clerk to set the hearing after filing the motion.

CRITICALCivil cases

Contested motions to withdraw must always be set for oral hearing and will be granted only when absolutely necessary.

Contested motions to withdraw must be set for oral hearing in all circumstances and will be granted only when absolutely necessary.

CRITICALCivil cases

A summary judgment motion cannot be passed; the party must proceed with or withdraw it.

Passing a motion for summary judgment is not permitted under Rule 166a, as amended. A party must either proceed on the motion or withdraw it.

CRITICALCivil cases

A summary judgment motion without an oral-hearing request in its title will be placed on the submission docket.

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

Contested motions to withdraw must always be set for oral hearing and will be granted only when absolutely necessary.

Contested motions to withdraw must be set for oral hearing in all circumstances and will be granted only when absolutely necessary.

CRITICALCivil cases

Motions to withdraw must be set for oral hearing unless they strictly comply with Texas Rule of Civil Procedure 10 and are signed by all parties and attorneys of record.

All motions to withdraw as counsel must be set on the Court’s oral hearing docket unless the motion strictly complies with Texas Rule of Civil Procedure 10 and is signed by all parties and all attorneys of record.

CRITICALCivil cases

Mediation is required in every case after the Docket Control Order issues or before the trial date.

The Court does require mediation in every case following the docket control order issued or before the trial date issued.

CRITICALCivil cases

Before the Court considers a motion requiring a conference, the movant must confer directly and person-to-person with opposing counsel.

The movant must confer directly, person-to-person, with opposing counsel before the Court will consider any motion requiring a conference.

CRITICALCivil cases

Motions to compel and other motions related to discovery disputes must be set on the oral hearing docket.

All motions to compel, and any motion related to discovery disputes, must be set on the oral hearing docket.

CRITICALCivil cases

Default-judgment motions based on unpaid assessments or deed-restriction violations must be set for oral hearing.

Motions for Default Judgment based on unpaid assessments or deed restriction violations must be set for oral hearing.

CRITICALCivil cases

A late expert-exclusion motion will not be considered without a motion for leave showing exceptionally good cause.

The court will NOT consider such motions filed after the deadline in the docket control order without a motion for leave demonstrating exceptionally good cause.

CRITICALCivil cases

Parties must confer before filing a discovery motion to attempt resolution without court intervention.

The Court expects that parties will make every effort to resolve all discovery issues without court intervention. Conferences shall occur prior to the filing of the discovery motion.

WARNINGCivil cases

Default judgments are set on the submission docket, except when unliquidated damages must be proved up.

Default judgments are set on the submission docket unless you need to prove up unliquidated damages.

WARNINGCivil cases

Parties are expected to make every reasonable effort to resolve discovery disputes without court intervention; if unsuccessful, a party may move to compel and set the matter for oral hearing or submission as appropriate.

The Court expects parties to make every reasonable effort to resolve discovery disputes without judicial intervention. If those efforts are unsuccessful, a party may file a motion to compel and either set the matter for oral hearing or set it for submission, as appropriate.

WARNINGCivil cases

A requested oral hearing on a submission-docket matter may be allowed when a response is filed, but is unlikely to be granted without one.

Oral hearings for matters placed on the submission docket are sometimes, but not always, allowed if requested and a response is filed. However, the request is unlikely to be granted if a response has not been filed.

WARNINGCivil cases

Excess proceeds hearings are set for Tuesdays at 3:00 PM and require an appearance.

@ 3:00 Excess Proceeds (appearance required)

WARNINGCivil cases

Default judgment hearings are set for Tuesdays at 2:00 PM and require an appearance.

@ 2:00 Defaults (appearance required)

WARNINGCivil cases

Summary judgment motions are heard by submission unless a party requests a hearing.

Motions for Summary Judgment are heard by submission only unless otherwise requested by the parties.

WARNINGCivil cases

Do not request sanctions unless a prior court order has been violated.

Sanctions should not be requested absent a violation of a prior court order.

WARNINGCivil cases

A no-evidence summary judgment motion filed before discovery ends will likely be denied without prejudice.

Any no-evidence motion for summary judgment filed before the discovery period has elapsed will likely be DENIED without prejudice.

WARNINGCivil cases

Parties may amend Docket Control Order deadlines, except joinder, pretrial conference, or trial-setting dates, by Rule 11 agreement or motion for leave.

To amend any deadline contained in the Docket Control Order (other than joinder, pretrial conference, or trial setting), the parties may proceed by Rule 11 agreement or by filing a motion for leave of court.

WARNINGCivil cases

Parties are expected to make every reasonable effort to resolve discovery disputes before seeking judicial intervention, and may file a motion to compel if those efforts fail.

The Court expects parties to make every reasonable effort to resolve discovery disputes without judicial intervention. If those efforts are unsuccessful, a party may file a motion to compel.

WARNINGCivil cases

Motions for substituted service are placed on the submission docket, and no notice of submission is required.

Motions for substituted service will be placed on the submission docket; no notice of submission is required.

WARNINGCivil cases

Before an emergency hearing, parties must consult with each other, preferably lead attorney to opposing lead attorney.

Parties must consult with each other about the matter (preferably lead attorney on the case to opposing lead attorney on the case).

WARNINGCivil cases

Default judgments are placed on the submission docket unless unliquidated damages must be proved up.

Default judgments are set on the submission docket unless you need to prove up unliquidated damages.

WARNINGCivil cases

Motions to withdraw as counsel must be set for oral hearing unless the client agrees and signs an acceptance of the notice letter.

Motions for withdrawal of counsel must be set on the oral hearing docket, unless the client has agreed to the withdraw and signed an acceptance of the attorney’s notice letter.

WARNINGCivil cases

The first Verified Motion to Retain may be filed without a hearing; subsequent motions to retain must be set for oral hearing.

The first Verified Motion to Retain does not need to be set on an oral hearing or submission docket. It should be filed and will be considered by the Court. Any subsequent motion to retain must be set for an oral hearing.

WARNINGCivil cases

Pursuant to 4.1 herein, any Motions to exclude or challenge expert evidence should be filed and set for hearing on a date in advance of trial.

Pursuant to 4.1 herein, any Motions to exclude or challenge expert evidence should be filed and set for hearing on a date in advance of trial.

WARNINGCivil cases

Preferential trial settings may be requested by motion, which must be set for an oral hearing.

Preferential settings are available in special circumstances and may be requested by motion. Such motions must be set for an oral hearing to be considered by the Court.

INFOCivil cases

Motions to retain in DWOP cases are ruled on without an appearance at the Tuesday 1:00 PM DWOP docket.

Tuesdays @ 1:00 DWOP (retains will be ruled on without an appearance)

INFOCivil cases

The listed motions are set on the Tuesday 11:00 AM submission docket and are ruled on without an appearance.

Tuesdays @ 11:00 Submission Docket (no appearance needed) Motion for New Trial Appointment of Ad Litem's Substitute Service Motion to Transfer Motion for New Trial Strike Pleadings Plea in Abatement Motion for Mediation Motion for Re-Appointment Motion to Consolidate Any Pre-Trial Matters

INFOCivil cases

Any party may request a hearing on a summary judgment motion by filing a written request with the Court.

A hearing may be requested on Summary Judgment motions by any party by filing a written request with the Court.

INFOCivil cases

When no prior court order has been violated, counsel should seek reasonable costs rather than sanctions.

In other circumstances, counsel should seek reimbursement of reasonable costs rather than sanctions.

INFOCivil cases

Unless another procedure applies, agreed or unopposed motions need not be set on an oral hearing or submission docket.

Unless otherwise specified herein, agreed or unopposed motions are not required to be set on the oral hearing or submission docket.

INFOCivil cases

Motions for substitution may be set on the submission docket.

Motions for substitution may be set on the Court’s submission docket.

INFOCivil cases

Rule 106 motions for substituted service are placed on the submission docket without a notice of submission.

Motions for substituted service will be placed on the submission docket; no notice of submission is required.

INFOCivil cases

Default judgments seeking liquidated damages may be set on the submission docket.

Default judgments seeking liquidated damages may be set on the submission docket.

INFOCivil cases

Default judgments seeking liquidated damages may be set on the submission docket.

Default judgments seeking liquidated damages may be set on the submission docket.

INFOCivil cases

Agreed or unopposed motions, including unopposed continuance motions, are presented expeditiously without a hearing.

These motions are expeditiously presented to Judge Aston without the necessity of a hearing (this includes unopposed motions for continuance).

INFOCivil cases

Agreed and unopposed motions need not be placed on the oral-hearing or submission docket.

Agreed or unopposed motions do not have to be placed on the court’s oral hearing or submission docket.

INFOCivil cases

Non-suit motions are presented immediately to Judge Aston without submission or an oral hearing.

These motions are immediately presented to Judge Aston without the necessity of submission or oral hearing.

INFOCivil cases

A pretrial conference is generally held the week before the two-week trial docket; the Trial Coordinator confirms the date.

There will be a pretrial conference, generally held the week before the two-week trial docket, for each case set for trial. The Trial Coordinator will contact the parties to confirm the date of the pretrial conference.

INFOCivil cases

Mediation is not required in every case but may be ordered on a case-by-case basis.

The Court does not require mediation in every case. It may, however, order mediation on a case-by-case basis.