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Court Rules
Judge

Judge Elizabeth Byer Leonard

Individual Rules, Standing Orders & Policies

Midland County District Courts

Communication

Phone
(432) 688-4380
Status Inquiries
Email

Clerk

Scheduling
Filters:

Document Format Requirements4 rules

FormattingMandatory

Once the parties have agreed to a date and time, email the Court Coordinator with the agreed date and time and attach an Order Setting Hearing, including email addresses after the Judge’s Signature Line. Make sure you copy all parties on the email with the agreed setting.

FormattingMandatory

Please Note: this Court does not accept ‘Notices of Hearings’ only Orders.

Applies to
  • Notice of hearing
  • Order setting hearing

Formatting

  • Submit an order; a notice of hearing alone is not accepted
FormattingImportant

Prior to trial, email your proposed or suggested charge to the Court Coordinator in Word format.

File type
Word
FormattingImportant

Prior to trial, mark all exhibits with sequential numbers beginning with 1, 2, 3, and so on. Do not use alphabet letters.

Applies to
  • Exhibits

Formatting

  • Do not use alphabetic markings

Document Filing Requirements6 rules

Filing RequirementsImportant

Prior to trial, provide a list of numbered exhibits to the Court Reporter.

Filing RequirementsImportantCivil cases

Parties shall list each expert’s name, address and topics of the witnesses’ testimony as well as provide all reports to the opposing party or parties by this date.

Tx Midland District:b9bfc91dcd58763e8173a5bc · p. 1
|SectionDEADLINE FOR DESIGNATING REBUTTAL EXPERTS
Filing RequirementsImportantCivil cases

Defendant(s) shall list each expert’s name, address and topics of the witnesses’ testimony as well as provide all written reports to Plaintiff(s) and Counter-Plaintiff(s) by this date.

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|SectionDEADLINE FOR DESIGNATING DEFENDANT EXPERTS
Filing RequirementsImportantCivil cases

Plaintiffs shall list each expert’s name, address, and topics of the witnesses’ testimony as well as provide all written reports to Defendant(s) by this date.

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|SectionDEADLINE FOR DESIGNATING PLAINTIFF EXPERTS
Filing RequirementsImportantCivil cases

Any challenge to any expert must set out specifically the reason for the challenge.

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|SectionDEADLINE FOR CHALLENGING EXPERTS
Filing RequirementsImportantCivil cases

The answer to any challenge to any expert must include previous trials in which the witness has been recognized as an expert by naming the court, the cause number, the style of the case and the area of expertise and subject on which the witness was recognized as an expert.

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|SectionDEADLINE FOR CHALLENGING EXPERTS

Filing & Service rules

Filing Timing and Cure Windows

All amendments must be filed by this date.

All amendments must be filed by this date.

Civil cases

Page 2 | DEADLINE FOR PLEADINGS

Adjournment & Extension Requirements

Both parties must confer with each other before contacting the Court regarding a trial continuance or hearing reset.

Prior to contacting the Court, both parties must confer with each other in order to avoid unnecessary court time.

Page 1 | Requesting a Trial Continuance or Resetting of a Hearing

When the parties agree, file the agreed motion and submit an agreed order for the Judge’s approval; the continuance or reset is not granted until the Judge signs the order.

If both parties are in agreement, please file your agreed motion and submit an agreed order for the Judge’s approval. The Judge may require a hearing. The continuance or reset is not granted until the Judge’s signature is on the order.

Page 1 | Requesting a Trial Continuance or Resetting of a Hearing

A plea or pretrial reset requires the opposing party’s agreement by email; forward that agreement with the request and provide the required reset order.

To request a reset of a plea or pretrial you must get the agreement of the opposing party via email. Forward the agreement to the coordinator with your request and provide the required order resetting.

Page 1 | Requesting a Trial Continuance or Resetting of a Hearing

A deadline requiring postponement of the merits trial will not be extended except for the most extraordinary and unforeseeable reasons, with a limited exception for a meritorious reason first arising after the deadline.

THE COURT WILL NOT EXTEND ANY DEADLINE WHICH MAY REQUIRE POSTPONEMENT OF THE TRIAL ON THE MERITS, EXCEPT FOR THE MOST EXTRAORDINARY AND UNFORESEEABLE REASONS. THE ONLY EXCEPTION: WHEN THE MERITORIOUS REASON FOR SEEKING A DEADLINE EXTENSION ARISES FOR THE FIRST TIME AFTER THE DEADLINE ITSELF HAS PASSED.

Civil cases

Page 3 | SCHEDULING ORDER (LEVEL 3)

Parties may modify scheduling-order matters by written agreement without court approval, except for changes to the trial date or deadlines requiring court action.

Exceptions to the scheduling order shall be permitted by written agreement of the parties, without the approval of the Court, except as it relates to the trial date and/or any deadline requiring Court action.

Civil cases

Page 3 | SCHEDULING ORDER (LEVEL 3)

Chambers Communication Rules

To request a hearing, email the Court Coordinator potential dates with all parties copied; the Coordinator will reply all with available dates and times, but the Coordinator should not be copied on discussions about which date is best.

Unless you want a hearing set at the Court’s convenience, you should request potential hearing dates from the Court Coordinator via email, with all parties copied on the email. The Coordinator will then “reply all” with available dates and times. Please do not copy the Court Coordinator with all the discussions of which date is best.

Page 1 | Requesting a Hearing

Docket-status information may be obtained by calling Court Coordinator JoAnn Gonzalez at the listed telephone number.

Information on docket status may be obtained by calling JoAnn Gonzalez, Court Coordinator at (432) 688-4380

Civil cases

Page 3 | DOCKET CALLS

Court-wide rules

Applies court-wide

These 69 rules apply across Midland County District Courts. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 40
  • Applies to
    Motion, response, reply, brief, opposition, or memorandum

    A motion, response, reply, brief, opposition, or memorandum of twenty or more pages must contain a table of contents.

  • Applies to
    Motion, response, reply, brief, opposition, or memorandum

    A motion, response, reply, brief, opposition, or memorandum of ten or more pages must begin with a summary of the argument.

  • Applies to
    Motion and order to substitute attorney

    A motion to substitute an attorney in a limited appearance must identify the unfinished matters assumed by the substituting attorney and be signed by both attorneys.

Service

All 7
  • Applies to
    Notice of withdrawal
    Service
    Email

    The required client notice must also be sent by email when the client has provided the attorney with an email address.

  • Applies to
    Notice of withdrawal
    Service
    Mail

    When no substitute attorney will be used or the party does not consent, the withdrawing attorney must notify the client in writing at least ten days before the requested withdrawal order; notice must be sent by certified mail, return receipt requested, and also by email if the client provided an email address.

  • A party represented by an attorney filing a Notice of Limited Appearance must be served at the party's address listed in that notice.

Pre-Motion Conferences

All 6
  • Before filing any motion, plea, application, request, objection, or special exception, filing counsel must schedule a conference to resolve the disputed matters.

  • All media equipment and personnel must be in place before the proceeding begins.

  • In rare exigent circumstances when a conference is not practicable, counsel must explain the exigency, confer promptly after filing, and file an amended Certificate of Conference.

Filing Timing

All 5
  • Deadline
    3 business days

    Within three business days after a bankruptcy filing, the party's attorney must provide written notice to the court and all attorneys containing the specified party, filing, bankruptcy-court, and debtor-attorney information.

  • Deadline
    7 calendar days

    The debtor's attorney must notify the court in writing and file the concluding bankruptcy order or judgment within seven days after the bankruptcy proceeding concludes.

  • Deadline
    7 calendar days

    The attorney for a deceased party must file a suggestion of death within seven days after learning of the death.

About Judge Elizabeth Byer Leonard

Presiding Judge, 238th District Court.

  • Address: 500 N Loraine Street, Midland, TX 79701
  • Phone: 432-688-4380
  • Fax: 432-688-4933
  • Jury phone in: 432-688-4901
  • Court administrator: JoAnn Gonzalez, 432-688-4380, jgonzalez@mcounty.com
  • Bailiff: Pete Cordova, 432-688-4384, pcordova@mcounty.com

Hearings the court lists: civil and criminal bench trials, civil and criminal jury trials, civil and criminal motions, civil default judgments, civil pretrial matters and civil summary judgments.

Trial schedule the court publishes: civil and criminal jury trials are scheduled by the court with dockets sent to counsel in advance, and special settings are made under certain circumstances. Bench trials are scheduled by separate order. Guilty pleas are every Thursday at 8:30 a.m. Criminal first and final pretrials are every Friday by email announcement from defense counsel. Felony arraignments are every Friday at 8:30 a.m., and Midland County district judges alternate presiding over arraignments.

Common questions about Judge Elizabeth Byer Leonard's rules

What formatting rules apply to filings before Judge Elizabeth Byer Leonard?

Judge Elizabeth Byer Leonard's formatting rule includes file format docx. Before trial, email the proposed or suggested jury charge to the Court Coordinator in Word format.

View ruleSource: page 1, section Jury Charge

What must be included with exhibit list filings before Judge Elizabeth Byer Leonard?

The rule requires exhibit list. Before trial, provide the Court Reporter with a list of numbered exhibits.

View ruleSource: page 1, section Marking Exhibits

What must be included with expert designation filings before Judge Elizabeth Byer Leonard?

Plaintiff expert designations must include each expert's name, address, and testimony topics and provide all written reports to defendants by the deadline.

View ruleSource: page 1, section DEADLINE FOR DESIGNATING PLAINTIFF EXPERTS

How may parties contact Judge Elizabeth Byer Leonard's chambers?

To request a hearing, email the Court Coordinator potential dates with all parties copied; the Coordinator will reply all with available dates and times, but the Coordinator should not be copied on discussions about which date is best.

View ruleSource: page 1, section Requesting a Hearing

How do I request an adjournment or extension before Judge Elizabeth Byer Leonard?

When the parties agree, file the agreed motion and submit an agreed order for the Judge’s approval; the continuance or reset is not granted until the Judge signs the order.

View ruleSource: page 1, section Requesting a Trial Continuance or Resetting of a Hearing

What filing deadlines does Judge Elizabeth Byer Leonard set?

All amendments must be filed by this date.

View ruleSource: page 2, section DEADLINE FOR PLEADINGS
Complete rules summary for Judge Elizabeth Byer Leonard

To request a hearing, email the Court Coordinator potential dates with all parties copied; the Coordinator will reply all with available dates and times, but the Coordinator should not be copied on discussions about which date is best.

After agreeing on a hearing date and time, email the Court Coordinator, attach an Order Setting Hearing with email addresses after the Judge’s signature line, and copy all parties.

The Court requires an order for a hearing and does not accept a notice of hearing alone.

When the parties agree, file the agreed motion and submit an agreed order for the Judge’s approval; the continuance or reset is not granted until the Judge signs the order.

A plea or pretrial reset requires the opposing party’s agreement by email; forward that agreement with the request and provide the required reset order.

Before trial, mark all exhibits sequentially beginning with 1 and do not use alphabetic markings.

Before trial, provide the Court Reporter with a list of numbered exhibits.

Before trial, email the proposed or suggested jury charge to the Court Coordinator in Word format.

Both parties must confer with each other before contacting the Court regarding a trial continuance or hearing reset.

Plaintiff expert designations must include each expert's name, address, and testimony topics and provide all written reports to defendants by the deadline.

Defendant expert designations must include each expert's name, address, and testimony topics and provide all written reports to plaintiffs and counter-plaintiffs by the deadline.

An expert challenge must specifically state the reason for challenging the expert.

An answer to an expert challenge must identify prior trials in which the witness was recognized as an expert, including the court, cause number, case style, area of expertise, and subject.

All amendments must be filed by this date.

Parties may modify scheduling-order matters by written agreement without court approval, except for changes to the trial date or deadlines requiring court action.

A deadline requiring postponement of the merits trial will not be extended except for the most extraordinary and unforeseeable reasons, with a limited exception for a meritorious reason first arising after the deadline.

Docket-status information may be obtained by calling Court Coordinator JoAnn Gonzalez at the listed telephone number.

Rebuttal expert designations must include each expert's name, address, and testimony topics and provide all reports to opposing parties by the deadline.

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