Matagorda County District Courts Pre-Motion Conference Requirements

CRITICAL

After receiving the letter and template, the Court will schedule a ten-minute telephone conference with all parties.

D. The Court will schedule a ten minute telephone conference with all parties after receiving the letter and template.

CRITICAL

The party seeking court intervention must file a discovery-dispute letter of no more than three pages, in 12-point font, describing the dispute and specified prior discussions and participants.

A. The party seeking Court intervention must file a letter not to exceed three pages (12 point font) explaining the nature of the dispute and include the date, time, and place of prior out-of-court discovery or scheduling discussion(s) and the name of all counsel/parties participating in the discussion(s).

CRITICAL

When another attorney or party must respond, the movant must make a reasonable effort and give the opposing party at least two full business days to respond before filing the motion.

In all situations in which a response is necessary from another attorney/party (i.e. pre-hearing certificate of conference, etc.), the reasonable effort shall be pursuant to T.R.C.P. 191.2 and movant shall accord the other side a reasonable response time before filing their motion and setting a hearing. The Court's definition of reasonable response time means that the movant has reached out to resolve the issue and has given the opposing party a minimum of two (2) full business days to respond before filing their motion.

CRITICAL

Formal mediation is required before final trials, subject to possible exceptions after motion and hearing; requests for final-trial exceptions must be heard before the pre-trial date.

Formal mediation is required before final trials. Exceptions may be made in certain cases after motion and hearing. If a party is being denied possession of the party's child, the Court may waive the mediation requirement on Temporary Orders. Parties seeking an exception to mediation on final trial, including financial waivers, should file a written request seeking a Final Trial without Mediation. This motion shall be heard by the court prior to the pre-trial date.

CRITICAL

A discovery dispute will be set only after the specified procedures have been completed.

Disputes regarding discovery will obtain a setting ONLY AFTER the following procedures have been performed:

CRITICAL

Motions must be heard on hearing dates already set for the case.

All motions shall be held on the hearing dates that are already set for that case.

CRITICAL

Attorneys and pro se litigants must participate in an informal conference before all Adversary and Show Cause Hearings.

Prior to all Adversary and Show Cause Hearings, attorneys and pro-se litigants must participate in an informal conference.

CRITICAL

Attorneys and pro se litigants must participate in an informal conference before all Adversary and Show Cause Hearings.

Prior to all Adversary and Show Cause Hearings, attorneys and pro-se litigants must participate in an informal conference.

CRITICAL

Formal mediation is required before a final trial.

Formal mediation is required before final trials.

CRITICAL

Before setting any contested hearing, attorneys and pro se litigants must provide the Court Coordinator a Certificate of Conference confirming they met with the opposing party or parties.

Prior to all contested settings, attorneys and pro-se litigants shall provide a Certificate of Conference to the Court Coordinator that they have met with the opposing party(ies) before setting the hearing.

CRITICAL

A party seeking a second mediation on the same issues and at the same case stage must file a motion and set it for hearing to show good cause.

If a party requests to attend a second mediation for the same issues and at the same stage of the case, a motion shall be filed and set for hearing to show good cause as to why the second mediation is necessary.

WARNING

An exception to the requirement to use already-set hearing dates may be granted for emergency motions, which should be set on regular CPS dates if possible.

Exceptions can be granted for emergency motions which should be set on regular CPS dates, if possible.

WARNING

The stated hearing time limits may be increased upon a showing of good cause.

This time limit can be increased based on a showing of good cause.

WARNING

An exception to mandatory mediation may be made in certain cases after a motion and hearing showing good cause.

Exceptions may be made in certain cases after motion and hearing to show good cause.

WARNING

The dismissal docket is not an oral hearing, and appearances are not allowed.

C. Dismissal docket. This will not be an oral hearing so appearances are not allowed.