Judge Casey L. Blair
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Continuance motions must be submitted in writing as soon as the triggering situation is known; agreed continuances must include a new agreed trial date, and other continuance motions must be set for the earliest hearing available to all parties.
- A continuance motion ordinarily must be filed and decided before the trial date unless an extenuating circumstance exists.
- Failure to mediate before trial does not automatically justify a continuance and instead limits the nonmediating party to 30 minutes of trial time per side.
Request must include
Communication
Phone
Document Filing Requirements27 rules
If the motion will be opposed, the following certificate shall be attached to the motion and signed by the attorney in charge (or party pro se):
If not opposed, the moving party shall accompany the motion with a proposed order signed by all counsel indicating approval of same.
- Document
- Motion
Must include
- •Proposed order
Certificate of Conference (REQUIRED ON ALL NOTICES) I the undersigned attorney certify that on ________(date) I reached out to all parties regarding setting a hearing on ________________(motion) and all parties are in agreement with the above stated date and time OR the parties have not responded within ___ days and I am asking that the court set the hearing.
- Document
- Notice of hearing
Must include
- •Certificate of conference
The letter required under TRCP shall be sent to the client advising that the client has ten (10) days after the date of mailing the letter to make any objection to such withdrawal to the Court, in writing, and that if not done and no objection raise, the motion shall be granted.
The Court will not sign an order that does not contain either the signature of all attorneys as to form or proof of notice that said order has been presented to all attorneys of record requesting the same to file written objections within ten (10) days.
An attorney of record must present a motion and obtain a court order granting leave before withdrawing from a case.
Court's wording
No attorney of record shall be permitted to withdraw from any case without presenting a motion and obtaining from the Court an order granting leave to withdraw pursuant to Texas Rules of Civil Procedure 10.
Prior to presentment, all applications for ex parte orders shall certify in writing, signed by the party or attorney, one of the following:
Presentment of orders to the court by 10 day letter must notify all parties of their right to object to the entry of the proposed order by objecting in writing to the court.
Trial dates need to be selected and added to the temporary orders or a scheduling order needs to be submitted along with the temporary orders. Mediation is required before trial.
You must then efile a seperate notice of hearing and include a certificate of conference to have your motion set.
- Document
- Notice of hearing
Must include
- •Certificate of conference
If the motion will be opposed, the following certificate shall be attached to the motion and signed by the attorney in charge (or party pro se):
If not opposed, the moving party shall accompany the motion with a proposed order signed by all counsel indicating approval of same.
- Document
- Motion
Must include
- •Proposed order
I the undersigned attorney certify that on ________(date) I reached out to all parties regarding setting a hearing on ________________(motion) and all parties are in agreement with the above stated date and time OR the parties have not responded within ___ days and I am asking that the court set the hearing.
Certificate of Conference (REQUIRED ON ALL NOTICES)
- Document
- Notice of hearing
Must include
- •Certificate of conference
Final hearings may be set by parties with an agreed scheduling order that must include mediation.
Prior to presentment, all applications for ex parte orders shall certify in writing, signed by the party or attorney, one of the following:
A certificate of conference is required.
Must include
- •Certificate of conference
Presentment of orders to the court by 10 day letter must notify all parties of their right to object to the entry of the proposed order by objecting in writing to the court.
Trial dates need to be selected and added to the temporary orders or a scheduling order needs to be submitted along with the temporary orders.
All pre-trial motions (Motions in Limine, etc.) shall be filed 10 days before the formal pre- trial conference and will be heard at the formal pre-trial conference.
All “Daubert/Dupont” expert challenges must be on file at least 10 days before hearing.
The case may then be set for a Motion to Enter should any party to the suit file an objection to the entry of the order within the 10 day period.
The Notice of Hearing form must identify the hearing, court location, and hearing date.
Court's wording
Notice is given that a hearing on ____________________________ is set in the 86th District Court located on the 3rd Floor at 1902 E US Hwy 175, Kaufman, Texas 75142 on the ___ day of ___________, 202__.
3) All documentary evidence and exhibits (for the purpose of stipulating to the authenticity and admissibility of exhibits).
Two weeks before trial, each party must produce a concise trial summary addressing the causes of action or defenses, their elements, and any applicable damages standard, preferably within one page.
Court's wording
Each party is directed to produce the following two weeks prior to trial: 1) A concise trial summary as follows: State each separate cause of action and/or defense; each element of each cause of action and/or defense; if appropriate, a precise legal standard for measure of damages. Please be as brief and concise as possible. This summary is intended to be an aid for the Judge and staff, and should be limited to one page if possible.
2) Proposed jury charges.
An Administrator may set final hearings on the merits without a certificate of conference.
Filing & Service rules
Electronic Filing Rules
Ex parte order applications must be presented to the court by e-filing, and presentation to another court requires the Court Administrator's discretion when the court is unavailable.
All applications of ex parte orders shall first be presented to the Court for determination by efiling. If the Court is unavailable to promptly review the request it may be presented to another Court only by the discretion of the Court Administrator.
Page 7 | Presenting Ex Parte Orders
An unagreed motion must be set for a hearing, its order must be presented in person at the hearing, and an order e-filed before the hearing will be rejected.
Motions that are not agreed need to be set for a hearing. The order needs to be presented in person at the hearing. If the order is efiled before the hearing it will be rejected.
Page 1 | eFiling Orders for Hearings
A separate notice of hearing must be e-filed with a certificate of conference to obtain a hearing date for the motion.
You must then efile a seperate notice of hearing and include a certificate of conference to have your motion set.
Page 1 | Motions that need hearing
Pretrial hearings are not required unless requested, and orders presented at a pretrial hearing must be submitted in person rather than electronically filed.
The Court DOES NOT require pretrial hearings unless requested by the parties. Your orders will need to be presented in person at the pretrial hearing and not efiled.
Page 3 | Pre-Trial Conference
Filing Timing and Cure Windows
Parties must reduce decisions or settlements to writing within thirty days after rendition or announcement of settlement unless the court orders otherwise.
Unless ordered otherwise, within thirty days after rendition or announced settlement by the parties, they shall cause decisions or settlements of any kind to be reduced to writing.
Page 6 | DWOP After Rendition Or Announced Settlement
For disagreed-upon motions, the order must be e-filed at least five business days before the hearing, and an order e-filed 30 or more days before the hearing will be rejected.
Motions that are not agreed need to be set for a hearing. The order needs to be efiled five (5) business days before the hearing. If the order is efiled 30 days or more before the hearing it will be rejected.
Page 8 | eFiling Orders
Dilatory pleas, special exceptions, and other non-trial motions or exceptions must be heard at least ten days before the final hearing if the challenged pleadings are on file; motions in limine and other trial motions are excluded.
Dilatory pleas, special exceptions and other motions or exceptions (excluding motions in limine and other trial motions) shall be heard no less than ten(10) days before the date on which the case is set for final hearing, provided that the pleadings to which same are directed are on file.
Page 2 | Motions To Be Heard Ten or More Days Before Trial
Mediation must be completed at least five weeks before trial.
Mediation must be completed at least 5 weeks before trial.
Page 2 | Final Hearings
The filing party must set a summary-judgment motion for hearing, either in person or by submission, once the motion is filed.
Motions for summary judgment must be set, in person or by submission, by the filing party once the motion is filed.
Page 2 | Motions for Summary Judgment
Unless otherwise ordered, parties must reduce decisions or settlements to writing within 30 days after rendition or announced settlement.
Unless ordered otherwise, within thirty days after rendition or announced settlement by the parties, they shall cause decisions or settlements of any kind to be reduced to writing.
Page 4 | DWOP After Rendition Or Announced Settlement
Failure to furnish a dispositive judgment or order, request an extension of filing, or set a motion for entry results in dismissal without prejudice, with costs assessed at the judge’s discretion.
Upon failure to furnish the Court Clerk/Administrator with such a judgment or order finally disposing of a case, or to request extension of the filing or to set a motion for entry, the Court shall enter an order of dismissal without prejudice with costs taxed at the Judge’s discretion.
Page 4 | DWOP After Rendition Or Announced Settlement
A hearing will not be changed from in person to Zoom less than three days before the court appearance.
No hearing will be changed from in person to zoom hearings less than three days prior to court.
Page 5 | Zoom Hearings
Evidentiary exhibits that cannot be emailed must be delivered to the court at least two days before the hearing or trial.
Evidentiary exhibits that cannot be e-mailed shall be delivered to the Court at least two days before any hearing or trial.
Page 5 | Zoom Hearings
The reviewing judge must issue a bail-review ruling no later than the close of business on the next business day after the District Clerk receives the request.
The assigned reviewing judge shall conduct the review and issue a ruling as soon as practicable, but no later than the close of business on the next business day after the District Clerk received the request.
Criminal cases
Page 2 | 5. Deadline for Review
Evidentiary exhibits and trial-related documents should be emailed to the court reporter two days before the hearing when possible.
All evidentiary exhibits and trial-related documents are to be sent via email to the court reporter two days before the hearing by email where possible.
Page 8 | Zoom Hearings
Evidentiary exhibits that cannot be emailed must be delivered to the court at least two days before the hearing or trial.
Evidentiary exhibits that cannot be e-mailed shall be delivered to the Court at least two days before any hearing or trial.
Page 8 | Zoom Hearings
If a party objects to the proposed order within the 10-day period, the case may then be set for a Motion to Enter.
The case may then be set for a Motion to Enter should any party to the suit file an objection to the entry of the order within the 10 day period.
Page 5 | 10 Day Letters
Evidentiary exhibits and trial-related documents should be emailed to the court reporter two days before the hearing when possible.
All evidentiary exhibits and trial-related documents are to be sent via email to the court reporter two days before the hearing by email where possible.
Page 5 | Zoom Hearings
Service and Proof of Service Rules
For a temporary restraining order or other ex parte relief, the presenting party must notify the opposing party and provide a copy of the application and proposed order at least two hours before presentment.
The party presenting any Temporary Restraining Order or other ex parte relief shall: 1. Notify the opposing party and 2. Provide the party with a copy of the application and proposed order at least 2 hours before the application and proposed order are to be presented to the Court for decision.
Page 4 | Ex Parte Orders
A defendant who is not in custody must receive reasonable notice of the bail-review hearing.
If the defendant is not in custody, reasonable notice shall be given.
Criminal cases
Page 2 | 6. Conduct of the Review
A copy of the withdrawal motion must be delivered or mailed to opposing counsel.
A copy of the motion shall be delivered or mailed to opposing counsel.
Page 6 | WITHDRAWAL/SUBSTITUTION OF COUNSEL
Pre-Motion Conference Requirements
Before a motion or special exception is set for hearing, the moving party must communicate with opposing counsel to determine whether it will be opposed.
No motion or special exceptions will be set for a hearing until the moving party has communicated with opposing counsel to determine whether a contemplated motion will be opposed.
Page 1 | Certificates of Conference
The moving party must communicate with opposing counsel about whether a motion or special exception will be opposed before the court will set it for hearing.
No motion or special exceptions will be set for a hearing until the moving party has communicated with opposing counsel to determine whether a contemplated motion will be opposed.
Page 1 | Certificates of Conference
Adjournment & Extension Requirements
Continuance motions must be submitted in writing as soon as the triggering situation is known; agreed continuances must include a new agreed trial date, and other continuance motions must be set for the earliest hearing available to all parties.
Motions for continuance are to be submitted in writing as soon as the filing party is aware of the situation that constitutes the motion. One continuance may be granted by agreement and the order must include a new agreed trial date. All other motions for continuance must be set for a hearing at the earliest date available to all parties. Please contact the Court for dates to reset your case to be included in the motion. A certificate of conference is required.
Page 5 | Motions for Continuance
A continuance motion ordinarily must be filed and decided before the trial date unless an extenuating circumstance exists.
Motions for Continuance are to be filed and ruled on prior to the trial date absent an extenuating circumstance.
Civil cases
Page 1 | Motions for Continuance
Failure to mediate before trial does not automatically justify a continuance and instead limits the nonmediating party to 30 minutes of trial time per side.
Mediation is required in all cases and must be completed 5 weeks prior to the trial date. Failure to mediate prior to the trial date is NOT an automatic ground for continuance. (Parties who fail to mediate prior to the trial date are limited to 30 minutes per side at trial.)
Civil cases
Page 1 | Mediation
Chambers Communication Rules
Do not contact a judge by email about any pending or potential lawsuit.
Do not attempt to contact a judge - by mail, e-mail, phone, or in person - about any pending or potential lawsuit! Doing so may result in serious consequences.
Page 1 | WARNING
You may contact the court by phone or email to get a pretrial date and file a notice of hearing at least one week before the setting.
You may contact the court by phone or email to get a pretrial date and file a notice of hearing at least one week before the setting.
Page 3 | Dismissal for Want of Prosecution (DWOP)
The court will not consider requests to reset a dismissal date made by phone or email.
Do not calls or email the court to request a reset of the dismissal date. Requests to reset the dismissal date b phone or email will not be considered.
Page 3 | Dismissal for Want of Prosecution (DWOP)
The party filing a motion must contact the court to obtain dates for setting the motion.
It is the responsibility of the party filing the motion to contact the court for dates to set your motion.
Page 1 | Motions that need hearing