Liberty County District Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements5 rules
Opposed motions and responses shall contain a Certificate of Conference indicating that the counsel involved have attempted to resolve the dispute prior to filing of the motion or response, the date of such attempt and the manner of communication of such an attempt, or any other requirement of the court.
- Document
- Motion
Must include
- •Certificate of conference
Motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought. The proposed order shall be a separate instrument.
- Document
- Motion
Must include
- •Proposed order
In the event that the Court renders an oral final order, the Court shall require a party to prepare a written final order complying with the Court's ruling and set a hearing date for entry. The party preparing the order shall obtain approval as to form from the opposing counsel or pro se litigant. If signatures are not obtained, then a motion to enter the judgment or order should be set for oral hearing or by submission.
- Document
- Final order
Must include
- •Complying with the Court's ruling
The party preparing the order shall obtain approval as to form from the opposing counsel or pro se litigant. If signatures are not obtained, then a motion to enter the order should be set for oral hearing or by submission.
A motion for reinstatement after dismissal shall follow the procedure and be governed by the provisions of Rule 165 (a) of the Texas Rules of Civil Procedure relating to reinstatement.
Filing & Service rules
Electronic Filing Rules
Electronic filing is permitted as mandated by Texas Rule of Civil Procedure 21(f).
Nothing in this standing order prohibits the use of electronic filing as mandated by TRCP 21(f).
Civil cases
Page 2 | STANDING ORDER ESTABLISHING CONFIDENTIALITY OF DFPS COURT RECORDS
Filing Timing and Cure Windows
A written response must be filed at least three working days before the motion's submission date.
Responses shall be filed at least three (3) working days before the submission date.
Page 7 | 4.5.3. Response
A written motion to retain must be filed before the dismissal date stated in the notice, or the case will be dismissed.
Unless a written motion to retain has been filed prior to the dismissal date as set forth in the notice of intention to dismiss, such case shall be dismissed.
Page 7 | 4.4.3. Motion to Retain
A motion must state a submission date at least 10 days after filing unless the court grants leave, and the motion is submitted on that date.
Motions shall state a date of submission which shall be at least 10 days from filing, except on leave of court. The motion will be submitted to the Court upon that date.
Page 7 | 4.5.2. Submission
Temporary orders must be presented for entry within 10 days after the hearing or by the entry date set by the Court.
All temporary orders shall be presented to the Court for entry within ten (10) days after the hearing or at the entry date set by the Court.
Page 9 | Rule 5.3.2 Temporary Orders Entry
Service and Proof of Service Rules
A party seeking to appear by videoconferencing or other electronic means must file a motion and serve all counsel and parties with notice of the hearing.
For trials and contested matters, any party requesting to appear by videoconferencing or other electronic means must file a motion with the court and serve all counsel and parties with a notice of hearing.
Page 3 | Rule 3.4 Appearance via Videoconferencing
Hearing requests must be submitted in writing, and the requesting attorney must serve all counsel and pro se parties with notice of the hearing.
Requests for hearings shall be made in writing to the court in which the matter is pending in accordance with these rules, and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the hearing.
Page 3 | Rule 3.2.2. Setting Requests
A written non-jury trial request must be served on all involved attorneys and pro se parties, and the party obtaining the setting must notify them of the assigned trial week.
All requests for non-jury trials before the Court shall be set by the Court at the earliest possible trial date on those dates established by the Court for non-jury weeks. The request shall be in writing and copies of said request served upon all attorneys and parties pro se involved in the case. The Court shall have sole discretion as to which non-jury trial week the case will be assigned. The party obtaining the setting shall notify all counsel and parties appearing pro se of the setting.
Page 6 | Rule 4.3.8 Trial Settings
A preferential trial-setting request must be in writing and include notice to all counsel and pro se parties.
All requests for preferential trial settings shall be made in writing with notice to all counsel and parties appearing pro se.
Page 6 | Rule 4.3.8 Trial Settings
A written jury-trial request must be served on all involved attorneys and pro se parties, who must also be notified after the setting is obtained.
All requests for jury trials shall be in writing and copies of said request served upon all attorneys and parties pro se involved in the case. The Court shall have sole discretion as to which case and which jury trial week the case will be assigned. The party obtaining the setting shall notify all counsel and parties appearing pro se of the setting.
Page 6 | Rule 4.3.8 Trial Settings
The District Clerk must promptly send notice of the court's intention to dismiss for want of prosecution to the listed recipients and file a copy with the case papers.
When a case has been placed on the dismissal docket, the District Clerk shall promptly send notice of the Court's intention to dismiss for want of prosecution to each attorney of record, attorney ad litem or guardian ad litem, Office of the Attorney General, and pro se party whose address is shown in the clerk's file. A copy of such notice shall be filed with the papers of the cause.
Page 7 | 4.4.2. Notice
Sealing & Redaction Procedures
Affidavits, court reports, and other documents filed in DFPS cases under the specified Texas Family Code chapters are confidential and must be maintained as such by the District Clerk.
IT IS THEREFORE ORDERED that access to affidavits, court reports, and other documents filed in a suit brought by DFPS pursuant to Chapters 261, 262, and 264 of the Texas Family Code are CONFIDENTIAL and shall be maintained by the District Clerk of Liberty County as such.
Civil cases
Page 2 | STANDING ORDER ESTABLISHING CONFIDENTIALITY OF DFPS COURT RECORDS
Adjournment & Extension Requirements
A motion to continue a trial setting must follow the docket control order or the Texas Rules of Civil Procedure, and the resulting order must reset trial to a specific date and time.
Any motion for continuance of the trial setting shall be presented to the Court pursuant to the docket control order, or the Texas Rules of Civil Procedure. The order granting or denying such motion shall contain an order resetting the case for trial for a specific date and time.
Page 8 | Rule 4.6 Continuances
Criminal continuance motions must comply with the Code of Criminal Procedure and be presented to the Court; except for good cause and compliance with the rules, the Court will not consider a continuance motion on the scheduled trial date.
All motions for continuance, whether filed by the State or the Defendant, must comply with the applicable law contained in the Code of Criminal Procedure and must be presented to and considered by the Court. Except for good cause shown and upon compliance with these rules, the Court shall not consider any motion for continuance on the scheduled trial date.
Page 10 | Rule 6.3 Motions for Continuance