Potter County District Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- An attorney must promptly notify all affected judges of dual settings, and file any continuance motion based on conflicting settings in every affected court with identifying information for each setting.
- A continuance motion based on an attorney's conflicting trial or hearing settings must be filed in every affected court and identify the conflicting settings.
- A continuance motion based on conflicting court settings must be filed in every affected court and identify all conflicting settings.
- +5 more
Request must include
- In civil cases not specially set, an attorney may receive no more than four consecutive weeks off trial per year upon filing written vacation notice at least 60 days in advance, subject to judicial discretion and unavailable to obtain a continuance of an existing setting.
Document Filing Requirements75 rules
All pleadings and motions filed by counsel and self-represented parties shall comply with the "Standing Order Regarding Use of Artificial Intelligence," and contain the "Certification Regarding Use of Artificial Intelligence". (see appendices A and B)
- Document
- Pleadings and motions
Must include
- •AI disclosure
After an answer or appearance, a hearing may be requested by filing a motion with an order setting the hearing and certificate of service, or by requesting court scheduling and confirming the setting by letter served on opposing counsel within three days.
- Document
- Motion
Must include
- •Certificate of service
Court's wording
At any time after the filing of an answer or entry of appearance by the opposing party, any party may request a hearing, by (1) Filing with the Court a motion requesting a hearing and an order setting a hearing, accompanied by a certificate of service to opposing counsel; or (2) Requesting the court to schedule the hearing and confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure within 3 days of setting the hearing.
All requests for a setting shall include an estimate of the amount of court time required for the hearing.
A motion or letter requesting or confirming a setting must certify good-faith conference or attempted conference with opposing counsel, and explain why no conference occurred if applicable.
Court's wording
A motion requesting a setting or letter confirming a setting must include a certification that the party seeking hearing in good faith conferred or attempted to confer with the opposing party to reach an agreement on the date and time of the hearing. If a conference was not held, the certificate must explain why it was not possible to confer.
A continuance motion based on conflicting settings must be filed in every affected court and identify all conflicting settings.
Court's wording
Any motion for continuance on the ground that an attorney is set for trial or other hearing in two or more courts on the same date shall be filed in all affected courts and shall contain case identifying information as to all conflicting settings.
Every deposition notice must include the specified certification that the parties held or attempted to reach agreement on the deposition logistics, or that no agreement could be reached or counsel did not respond.
Court's wording
(3) Any notice of deposition must include a certification substantially in the following form: "A conference was held (or attempted) with the attorney for the opposing party to agree on a date, time, place and materials to be furnished. Agreement cannot be reached (or counsel will not respond) and the deposition is therefore being taken ===== PAGE 8 ===== pursuant to this notice (or agreement was reached and this notice complies with the agreement)."
(b) Each motion for which a conference is required must include a certificate of conference indicating that the motion is unopposed, opposed, or agreed.
- Document
- Motion
Must include
- •Certificate of conference
If no conference occurred, the certificate must explain why conferring was impossible, the motion will be presumed opposed, and the attorney must still make best efforts to confer.
Court's wording
(c) If a conference was not held, the certificate must explain why it was not possible to confer, in which event the motion will be presumed to be opposed. This rule does not alleviate the requirement that a conference be held, as attorneys must use their best efforts to have a conference where required by this rule.
Before using AI-generated information in a court submission or proceeding, self-represented litigants and attorneys must sign and submit the attached certification form.
- Document
- Court submission or proceeding
Must include
- •AI disclosure
Court's wording
All self-represented litigants and attorneys who utilize any form of artificial intelligence for legal research or drafting in connection with a case shall before using any AI-generated information in a court submission or proceeding sign and submit the attached form, certifying that:
CERTIFICATION REGARDING USE OF ARTIFICIAL INTELLIGENCE I, an attorney or self-represented litigant in the ____ Judicial District Court, hereby certify as follows:
- Document
- AI certification
Include
- •AI disclosure
If the required order copies were omitted, the petitioner must correct the filed petition and all copies after the clerk requests the correction.
Court's wording
If the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the clerk shall notify Petitioner of this Order and request Petitioner correct the filed petition and each copy and attach a copy of this order.
By presenting any application for an ex parte order, counsel is deemed to represent to the Court that:
7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition at the time the petition is filed.
The ex parte application representation must state that the opposing party is unrepresented, or that opposing counsel was notified and does not wish to be heard, or that counsel diligently attempted notice but could not provide it despite circumstances preventing further attempts.
Court's wording
a. to the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or b. if the party against whom the relief is sought is represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) counsel presenting the application has diligently attempted to notify opposing counsel, has been unable to do so, and the circumstance do not permit additional efforts to give such notice.
13.2 Copies of that party's federal income tax returns for the two calendar years prior to the temporary hearing.
13.1 A statement of monthly income and expenses in a form substantially similar to the form found in the current Texas Family Law Practice manual published by the State Bar of Texas or in a form approved by this Court.
In all cases in which the character, value or division of property or debts is in issue, each party shall file a proposed property division form including all of the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.
13.3 All payroll statements, pay stubs, W2 forms, and 1099 forms which evidence that party's earnings for the calendar year prior to the temporary hearing and from January 1 of the current year through the date of the temporary hearing.
(a) All pleadings, motions, notices, orders, and any other paper, document or thing made a part of the record in any civil, family law or criminal case shall be filed with the Clerk.
All pleadings and motions filed by counsel or self-represented parties must comply with the AI standing order and include the required AI certification.
- Document
- Pleadings and motions
Must include
- •AI disclosure
Court's wording
(b) All pleadings and motions filed by counsel and self-represented parties shall comply with the "Standing Order Regarding Use of Artificial Intelligence," and contain the "Certification Regarding Use of Artificial Intelligence". (see appendices A and B)
A motion requesting a setting or letter confirming a setting must include a certification that the party seeking hearing in good faith conferred or attempted to confer with the opposing party to reach an agreement on the date and time of the hearing. If a conference was not held, the certificate must explain why it was not possible to confer.
- Document
- Hearing setting request
Must include
- •Certificate of conference
(1) Filing with the Court a motion requesting a hearing and an order setting a hearing, accompanied by a certificate of service to opposing counsel;
- Document
- Hearing request motion
Include
- •Certificate of service
Unless otherwise agreed by the parties or ordered by the court, an expert witness that is retained or specially employed to provide expert testimony in the case must provide a written report that is prepared and signed by the witness in addition to the other requirements of Tex. R. Civ. P. 194.2(f) at the time of the designation of the expert. This rule does not apply to experts designated on attorney's fees.
An attorney filing a motion or plea seeking relief must confer with an attorney for each affected party to determine whether the motion is opposed, unless an exception applies.
Court's wording
Unless otherwise specified below, an attorney filing a motion or plea seeking any type of relief from a court must confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed. Such a conference may be by phone call, email, facsimile, letter, or by other means the attorneys have used for communication.
Every deposition notice must include a certification that a conference was held or attempted and that the notice either follows the agreement or states that no agreement was reached.
- Document
- Deposition notice
Must include
- •Certificate of conference
Court's wording
Any notice of deposition must include a certification substantially in the following form: "A conference was held (or attempted) with the attorney for the opposing party to agree on a date, time, place and materials to be furnished. Agreement cannot be reached (or counsel will not respond) and the deposition is therefore being taken ===== PAGE 8 ===== pursuant to this notice (or agreement was reached and this notice complies with the agreement)."
Each motion for which a conference is required must include a certificate of conference indicating that the motion is unopposed, opposed, or agreed.
- Document
- Motion
Must include
- •Certificate of conference
If the required conference did not occur, the certificate must explain why, the motion is presumed opposed, and the attorney must still use best efforts to obtain the conference.
Court's wording
If a conference was not held, the certificate must explain why it was not possible to confer, in which event the motion will be presumed to be opposed. This rule does not alleviate the requirement that a conference be held, as attorneys must use their best efforts to have a conference where required by this rule.
Counsel must promptly telephone the Court Coordinator after a bankruptcy filing and provide written notice to affected courts and all counsel within three days identifying the bankruptcy court, cause, filing date, and counsel's address.
Court's wording
Whenever any party of litigation in these courts files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party's counsel in these courts: (i) to promptly notify the affected court(s) by telephoning the Court Coordinator; and (ii) within three (3) days of any bankruptcy filing, to provide written notice to the affected court(s) and all counsel that a bankruptcy has occurred giving the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing and the name and address of counsel for the bankrupt.
The AI certification must state that a human verified all AI-generated language, quotations, sources, citations, arguments, and legal analysis through traditional non-AI legal sources and that the filer accepts responsibility and potential sanctions for noncompliance.
Court's wording
1. all language, quotations, sources, citations, arguments, and legal analysis created or contributed to by generative artificial intelligence were before submission verified as accurate through traditional (non-AI) legal sources by a human being, and 2. that the self-represented litigant or attorneys submitting such information understands and acknowledges that they are and will be held responsible and potentially sanctioned for their or their co-counsel's failure to comply with this Order.
All self-represented litigants and attorneys who utilize any form of artificial intelligence for legal research or drafting in connection with a case shall before using any AI-generated information in a court submission or proceeding sign and submit the attached form, certifying that:
- Document
- Court submission
Must include
- •AI disclosure
Any generative-AI-created or AI-contributed information submitted to the Court must be verified by a human using traditional non-AI legal sources.
Include
- •AI disclosure
Court's wording
All information created or contributed to by generative artificial intelligence—including language, quotations, sources, citations, arguments, and legal analysis—was before submission to this Court verified as accurate using traditional (non-AI) legal sources by a human being.
7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition at the time the petition is filed.
Each party must file a proposed property-division form listing all separate and community property and all debts and liabilities; use of a substantially similar State Bar form or a court-approved form is recommended.
Court's wording
14.1 In all cases in which the character, value or division of property or debts is in issue, each party shall file a proposed property division form including all of the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties. It is recommended that each party file this proposed property division form in a form substantially similar to the form found in the current Texas Family Law Practice manual published by the State Bar of Texas or in a form approved by the Court.
13.2 Copies of that party's federal income tax returns for the two calendar years prior to the temporary hearing.
13.1 A statement of monthly income and expenses in a form substantially similar to the form found in the current Texas Family Law Practice manual published by the State Bar of Texas or in a form approved by this Court.
13.3 All payroll statements, pay stubs, W2 forms, and 1099 forms which evidence that party's earnings for the calendar year prior to the temporary hearing and from January 1 of the current year through the date of the temporary hearing.
All pleadings and motions filed by counsel and self-represented parties shall comply with the "Standing Order Regarding Use of Artificial Intelligence," and contain the "Certification Regarding Use of Artificial Intelligence". (see appendices A and B)
- Document
- Pleadings and motions
Must include
- •AI disclosure
Counsel must attempt to confer with opposing counsel before requesting a hearing setting, and the setting motion or confirmation letter must include a good-faith conference certificate that explains any inability to confer.
- Document
- Hearing setting motion or confirmation letter
Must include
- •Certificate of conference
Court's wording
Prior to requesting a setting, counsel shall attempt to coordinate a setting with opposing counsel. A motion requesting a setting or letter confirming a setting must include a certification that the party seeking hearing in good faith conferred or attempted to confer with the opposing party to reach an agreement on the date and time of the hearing. If a conference was not held, the certificate must explain why it was not possible to confer. Attorneys must use their best efforts to have a conference where required by this rule.
If a conference was not held, the certificate must explain why it was not possible to confer, in which event the motion will be presumed to be opposed.
Every deposition notice must include the prescribed certification concerning whether a conference occurred, was attempted, or resulted in an agreement.
Court's wording
Any notice of deposition must include a certification substantially in the following form: "A conference was held (or attempted) with the attorney for the opposing party to agree on a date, time, place and materials to be furnished. Agreement cannot be reached (or counsel will not respond) and the deposition is therefore being taken ===== PAGE 8 ===== pursuant to this notice (or agreement was reached and this notice complies with the agreement)."
Each motion for which a conference is required must include a certificate of conference indicating that the motion is unopposed, opposed, or agreed.
- Document
- Motion
Must include
- •Certificate of conference
Before using AI-generated information in a court submission or proceeding, an attorney or self-represented litigant must sign and submit the attached form certifying human verification through traditional legal sources and acknowledging responsibility and potential sanctions for noncompliance.
Court's wording
All self-represented litigants and attorneys who utilize any form of artificial intelligence for legal research or drafting in connection with a case shall before using any AI-generated information in a court submission or proceeding sign and submit the attached form, certifying that: 1. all language, quotations, sources, citations, arguments, and legal analysis created or contributed to by generative artificial intelligence were before submission verified as accurate through traditional (non-AI) legal sources by a human being, and 2. that the self-represented litigant or attorneys submitting such information understands and acknowledges that they are and will be held responsible and potentially sanctioned for their or their co-counsel's failure to comply with this Order.
An attorney or self-represented litigant must certify review of and compliance with the Court's artificial-intelligence standing order and verify all generative-AI-created information using traditional non-AI legal sources before submission.
- Document
- AI certification
Include
- •AI disclosure
Court's wording
I, an attorney or self-represented litigant in the ____ Judicial District Court, hereby certify as follows: 1. I reviewed and understand this Court's Standing Order Regarding Artificial Intelligence. I will comply with the Standing Order throughout this case. 2. All information created or contributed to by generative artificial intelligence—including language, quotations, sources, citations, arguments, and legal analysis—was before submission to this Court verified as accurate using traditional (non-AI) legal sources by a human being. 3. I understand that I will be held responsible and subject to possible sanction under Texas Disciplinary Rules of Professional Conduct, Texas Rules of Civil Procedure, Texas Civil Practice and Remedies Code Chp. 10, and the inherent power of the Court, or for contempt of court, for failing to comply with the Court's Standing Order or this certification.
7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition at the time the petition is filed. If the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the clerk shall notify Petitioner of this Order and request Petitioner correct the filed petition and each copy and attach a copy of this order. If the Petitioner fails or refuses to do so, the clerk shall notify the administrative judge for the district.
13.3 All payroll statements, pay stubs, W2 forms, and 1099 forms which evidence that party's earnings for the calendar year prior to the temporary hearing and from January 1 of the current year through the date of the temporary hearing.
Each party must furnish a statement of monthly income and expenses at a temporary support hearing.
Court's wording
13.1 A statement of monthly income and expenses in a form substantially similar to the form found in the current Texas Family Law Practice manual published by the State Bar of Texas or in a form approved by this Court.
13.2 Copies of that party's federal income tax returns for the two calendar years prior to the temporary hearing.
14.1 In all cases in which the character, value or division of property or debts is in issue, each party shall file a proposed property division form including all of the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.
All pleadings and motions filed by counsel and self-represented parties shall comply with the "Standing Order Regarding Use of Artificial Intelligence," and contain the "Certification Regarding Use of Artificial Intelligence". (see appendices A and B)
- Document
- Pleadings and motions
Must include
- •AI disclosure
Filing with the Court a motion requesting a hearing and an order setting a hearing, accompanied by a certificate of service to opposing counsel;
- Document
- Motion
Include
- •Certificate of service
If a conference was not held, the certificate must explain why it was not possible to confer.
A motion requesting a setting or letter confirming a setting must include a certification that the party seeking hearing in good faith conferred or attempted to confer with the opposing party to reach an agreement on the date and time of the hearing.
- Document
- Motion
Must include
- •Certificate of conference
Each motion for which a conference is required must include a certificate of conference indicating that the motion is unopposed, opposed, or agreed.
- Document
- Motion
Must include
- •Certificate of conference
Unless the parties agree or the court orders otherwise, an expert must provide a written, signed report when the expert is designated, except for experts designated on attorney's fees.
Court's wording
Unless otherwise agreed by the parties or ordered by the court, an expert witness that is retained or specially employed to provide expert testimony in the case must provide a written report that is prepared and signed by the witness in addition to the other requirements of Tex. R. Civ. P. 194.2(f) at the time of the designation of the expert. This rule does not apply to experts designated on attorney's fees.
If no conference occurred, the certificate must explain why, the motion is presumed opposed, and attorneys must still make best efforts to hold a required conference.
Court's wording
If a conference was not held, the certificate must explain why it was not possible to confer, in which event the motion will be presumed to be opposed. This rule does not alleviate the requirement that a conference be held, as attorneys must use their best efforts to have a conference where required by this rule.
Every deposition notice must include a certification stating that a conference was held or attempted and explaining either the inability to reach agreement or how the notice complies with the parties' agreement.
Court's wording
Any notice of deposition must include a certification substantially in the following form: "A conference was held (or attempted) with the attorney for the opposing party to agree on a date, time, place and materials to be furnished. Agreement cannot be reached (or counsel will not respond) and the deposition is therefore being taken ===== PAGE 8 ===== pursuant to this notice (or agreement was reached and this notice complies with the agreement)."
Before using AI-generated information in a court submission or proceeding, a self-represented litigant or attorney who used AI for legal research or drafting must sign and submit the attached form certifying human verification through traditional non-AI sources and acknowledging responsibility and potential sanctions for noncompliance.
Court's wording
All self-represented litigants and attorneys who utilize any form of artificial intelligence for legal research or drafting in connection with a case shall before using any AI-generated information in a court submission or proceeding sign and submit the attached form, certifying that: 1. all language, quotations, sources, citations, arguments, and legal analysis created or contributed to by generative artificial intelligence were before submission verified as accurate through traditional (non-AI) legal sources by a human being, and 2. that the self-represented litigant or attorneys submitting such information understands and acknowledges that they are and will be held responsible and potentially sanctioned for their or their co-counsel's failure to comply with this Order.
The filer must certify compliance with the Court's artificial-intelligence standing order and verify all generative-AI contributions through traditional non-AI legal sources before submission.
- Document
- Certificate
- Placement
- Certificate section
Include
- •AI disclosure
Court's wording
CERTIFICATION REGARDING USE OF ARTIFICIAL INTELLIGENCE I, an attorney or self-represented litigant in the ____ Judicial District Court, hereby certify as follows: 1. I reviewed and understand this Court's Standing Order Regarding Artificial Intelligence. I will comply with the Standing Order throughout this case. 2. All information created or contributed to by generative artificial intelligence—including language, quotations, sources, citations, arguments, and legal analysis—was before submission to this Court verified as accurate using traditional (non-AI) legal sources by a human being. 3. I understand that I will be held responsible and subject to possible sanction under Texas Disciplinary Rules of Professional Conduct, Texas Rules of Civil Procedure, Texas Civil Practice and Remedies Code Chp. 10, and the inherent power of the Court, or for contempt of court, for failing to comply with the Court's Standing Order or this certification.
For uncontested or agreed matters, a separate motion and hearing is generally unnecessary, and the matter should include a proposed form of order reflecting all parties' agreement by signatures or a certificate of conference, unless the law requires a hearing.
- Document
- Proposed order
Must include
- •Certificate of conference
Court's wording
For uncontested or agreed matters, a separate motion and hearing is not required, except as otherwise provided. All uncontested or agreed matters should be presented with a proposed form of order and should reflect the agreement of all parties either (i) by personal or authorized signature on the form of the order, or (ii) in the certificate of conference on the motion. This rule does not apply to cases in which the law requires a hearing.
Other than emergency orders, or other orders specifically authorized by law to be submitted ex parte, all proposed orders should be submitted to opposing counsel(s) for agreement as to form prior to its transmittal to the Court's queue.
Counsel should not file proposed orders before a hearing has been held.
If counsel cannot agree the parties should schedule a hearing.
No proposed order should be submitted to a court's queue unless specifically requested by the court.
After the discovery period expires, a party may request a trial setting in writing and must affirm in writing that discovery is complete to counsel's knowledge.
Court's wording
Once the discovery period has expired according to the Scheduling Order, either party may request, in writing, that the case be placed on the non-jury or civil jury trial docket or the court may set the matter for trial at any time on or after the "trial date with notice to the parties if the date is not the "trial date." Counsel requesting a setting shall further affirm in writing that all discovery has been concluded so far as counsel is aware.
A party objecting to the time of an oral deposition must offer three alternative times within 14 calendar days, while an objection to location must include an alternative location.
Court's wording
A party objecting to the time or place designated for an oral deposition under Rule 199.4, Texas Rules of Civil Procedure, will include in the party's objection or motion to quash (if the objection is to the time of the deposition) three alternative times within 14 calendar days of the date specified in the notice or an alternative location (if the objection is to the location of the deposition).
All uncontested or agreed matters should be presented with a proposed form of order and should reflect the agreement of all parties either (i) by personal or authorized signature on the form of the order, or (ii) in the certificate of conference on the motion.
No proposed order should be submitted to a court's queue unless specifically requested by the court.
If counsel cannot agree the parties should schedule a hearing.
Counsel should not file proposed orders before a hearing has been held.
Other than emergency orders, or other orders specifically authorized by law to be submitted ex parte, all proposed orders should be submitted to opposing counsel(s) for agreement as to form prior to its transmittal to the Court's queue.
Filing & Service rules
Filing Timing and Cure Windows
Before signing an order dismissing a cause for want of prosecution, the court must give notice at least sixty calendar days in advance.
(a) The courts will periodically give notice of their intention to dismiss a cause of action for want of prosecution. Such notice will be given at least sixty (60) days prior to the signing of a dismissal order.
Page 7 | Rule 2.07 Dismissal for Want of Prosecution
An opposing party has 20 days after receiving a setting request to file a written objection, and the setting party may respond in writing within 10 days.
Upon receipt of a request for setting, any opposing party shall have 20 days to object in writing detailing the reasons for objection; setting party may file a written response within 10 days.
Page 6 | Rule 2.01 Trial Weeks
An opposing party has 20 days after receiving a setting request to file a written objection, and the requesting party may respond within 10 days.
Upon receipt of a request for setting, any opposing party shall have 20 days to object in writing detailing the reasons for objection; setting party may file a written response within 10 days.
Page 6 | Rule 2.01 Trial Weeks
Pretrial deadlines remain firm and unchanged when a case is not reached or the trial date is reset, unless the parties agree or the court orders otherwise.
In the event a case is not reached on the docket or the trial date is reset, all pretrial deadlines in the plan shall remain firm and unchanged unless otherwise agreed by the parties or ordered by the court.
Page 6 | Rule 2.01 Trial Weeks
A setting party may file a written response within 10 days.
setting party may file a written response within 10 days.
Page 6 | Rule 2.01 Trial Weeks
Service and Proof of Service Rules
A letter confirming a court-scheduled hearing must be served on opposing counsel within three days of the setting.
Requesting the court to schedule the hearing and confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure within 3 days of setting the hearing.
Page 4 | Rule 1.10 Hearings
Counsel must notify the opposing party or counsel and provide a copy of a TRO or other ex parte application and proposed order at least two hours before presentation to the court, subject to the stated exceptions.
Counsel presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing party's counsel, or the opposing party if unrepresented by counsel in the present controversy, and make reasonable effort to provide opposing counsel or 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, except as provided in subparagraph (b) hereof.
Page 4 | Rule 1.11 Application for TRO and Other Ex Parte Orders
A copy of a written request for a trial setting must be served simultaneously on all parties.
A copy of the request will be simultaneously served on all parties.
Page 6 | Rule 2.01 Trial Weeks
The clerk must provide notice of intended dismissal for want of prosecution under Rule 165a(1) and by electronic service to registered e-filing attorneys and individuals.
(b) The clerk shall provide notice of the court's intention to dismiss for want of prosecution by complying with the provisions of Paragraph (1) of Rule 165a of the Texas Rules of Civil Procedure and through electronic service to those attorneys and individuals who are registered with the e-filing system for the case subject to dismissal.
Page 8 | Rule 2.07 Dismissal for Want of Prosecution
The advance notice requirement for a TRO or ex parte application does not apply when a filed certificate alleges imminent irreparable harm with insufficient time to notify or that notice would impair the court's authority to grant relief.
(b) Compliance with the provisions of subparagraph (a) hereof is not required if a verified certificate of a party or a certificate of counsel is filed with the application alleging, (1) That irreparable harm is imminent and there is insufficient time to notify the opposing party or counsel; or (2) That to notify the opposing party or counsel would impair or annul the court's power to grant relief because the subject matter of the application could be accomplished or property removed, secreted or destroyed, if notice were required.
Page 4 | Rule 1.11 Application for TRO and Other Ex Parte Orders
For a temporary restraining order or other ex parte application, counsel must notify the opposing party or counsel and provide a copy of the application and proposed order at least 2 hours before presentation to the court.
Counsel presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing party's counsel, or the opposing party if unrepresented by counsel in the present controversy, and make reasonable effort to provide opposing counsel or 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 | Rule 1.11 Application for TRO and Other Ex Parte Orders
If a party requests that the court schedule a hearing, it must confirm the setting by letter and serve opposing counsel within 3 days of the setting.
(2) Requesting the court to schedule the hearing and confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure within 3 days of setting the hearing.
Page 4 | Rule 1.10 Hearings
A copy of a trial-setting request must be served simultaneously on all parties.
A copy of the request will be simultaneously served on all parties.
Page 6 | Rule 2.01 Trial Weeks
The clerk must provide notice of intent to dismiss for want of prosecution through electronic service to attorneys and individuals registered with the case's e-filing system, in compliance with Rule 165a(1).
The clerk shall provide notice of the court's intention to dismiss for want of prosecution by complying with the provisions of Paragraph (1) of Rule 165a of the Texas Rules of Civil Procedure and through electronic service to those attorneys and individuals who are registered with the e-filing system for the case subject to dismissal.
Page 7 | Rule 2.07 Dismissal for Want of Prosecution
Counsel seeking a temporary restraining order or other ex parte relief must notify the opposing side and make a reasonable effort to provide the application and proposed order at least two hours before presentment, subject to the stated emergency exceptions.
Counsel presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing party's counsel, or the opposing party if unrepresented by counsel in the present controversy, and make reasonable effort to provide opposing counsel or 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, except as provided in subparagraph (b) hereof.
Page 4 | Rule 1.11 Application for TRO and Other Ex Parte Orders
A motion requesting a hearing must be accompanied by an order setting the hearing and a certificate of service on opposing counsel.
Filing with the Court a motion requesting a hearing and an order setting a hearing, accompanied by a certificate of service to opposing counsel; or
Page 4 | Rule 1.10 Hearings
When a hearing is scheduled by request to the court, the confirming letter must be served on opposing counsel in accordance with Texas Rule of Civil Procedure 21a within three days after the setting.
Requesting the court to schedule the hearing and confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure within 3 days of setting the hearing.
Page 4 | Rule 1.10 Hearings
If a party asks the court to schedule a hearing, it must confirm the setting by letter to the court and serve a copy on opposing counsel within three days after the setting.
Requesting the court to schedule the hearing and confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure within 3 days of setting the hearing.
Page 4 | Rule 1.10 Hearings
Counsel seeking a temporary restraining order or other ex parte relief must notify the opposing party or counsel and make reasonable efforts to provide the application and proposed order at least two hours before presentation to the court.
Counsel presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing party's counsel, or the opposing party if unrepresented by counsel in the present controversy, and make reasonable effort to provide opposing counsel or 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 | Rule 1.11 Application for TRO and Other Ex Parte Orders
When requesting a trial setting, the requesting party must simultaneously serve a copy on all parties.
A copy of the request will be simultaneously served on all parties.
Page 6 | Rule 2.01 Trial Weeks
The clerk must provide notice of the court's intention to dismiss for want of prosecution through the procedures in Texas Rule 165a(1) and by electronic service to registered attorneys and individuals.
The clerk shall provide notice of the court's intention to dismiss for want of prosecution by complying with the provisions of Paragraph (1) of Rule 165a of the Texas Rules of Civil Procedure and through electronic service to those attorneys and individuals who are registered with the e-filing system for the case subject to dismissal.
Page 8 | Rule 2.07 Dismissal for Want of Prosecution
A deposition notice given fewer than ten calendar days in advance is presumed unreasonable.
(2) Notice of less than ten (10) calendar days under Rules 21a and 199.2(a), Texas Rules of Civil Procedure, is presumed to be unreasonable notice.
Page 7 | Rule 2.06 Depositions
When requesting a trial setting, the requesting party must simultaneously serve a copy of the request on all parties.
A copy of the request will be simultaneously served on all parties.
Page 6 | Rule 2.01 Trial Weeks
The advance-notice requirement for TRO and other ex parte applications does not apply when a verified party certificate or counsel certificate alleges imminent irreparable harm with insufficient time to notify, or that notice would impair or annul the court’s power to grant relief.
Compliance with the provisions of subparagraph (a) hereof is not required if a verified certificate of a party or a certificate of counsel is filed with the application alleging, (1) That irreparable harm is imminent and there is insufficient time to notify the opposing party or counsel; or (2) That to notify the opposing party or counsel would impair or annul the court's power to grant relief because the subject matter of the application could be accomplished or property removed, secreted or destroyed, if notice were required.
Page 4 | Rule 1.11 Application for TRO and Other Ex Parte Orders
Pre-Motion Conference Requirements
Before filing a motion or plea for relief, the attorney must confer with each affected party's attorney, and the conference may occur by phone, email, facsimile, letter, or another communication method.
(a) Unless otherwise specified below, an attorney filing a motion or plea seeking any type of relief from a court must confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed. Such a conference may be by phone call, email, facsimile, letter, or by other means the attorneys have used for communication.
Page 7 | Rule 2.04 Certificates of Conference
Before filing a motion or plea for relief, an attorney must confer with each affected party's attorney to determine whether the motion is opposed, unless an exception applies.
Unless otherwise specified below, an attorney filing a motion or plea seeking any type of relief from a court must confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed.
Page 7 | Rule 2.04 Certificates of Conference
Before noticing an oral deposition, a party must attempt to communicate with opposing counsel about the deposition's date, time, place, and materials.
A party seeking an oral deposition must first attempt to communicate with opposing counsel to determine whether an agreement can be reached as to date, time, place, and material to be furnished at the time of deposition.
Page 7 | Rule 2.06 Depositions
An attorney filing a motion or plea must confer with counsel for each affected party to determine whether the request is opposed.
Unless otherwise specified below, an attorney filing a motion or plea seeking any type of relief from a court must confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed.
Page 7 | Rule 2.04 Certificates of Conference
Counsel must attempt to coordinate a hearing setting with opposing counsel before requesting the setting.
Prior to requesting a setting, counsel shall attempt to coordinate a setting with opposing counsel.
Page 4 | Rule 1.10 Hearings
A conference is not required when the motion will be heard on submission.
(d) Conferences are not required for motions that will be heard by submission.
Page 7 | Rule 2.04 Certificates of Conference
The conference requirement does not apply to motions that will be decided on submission.
Conferences are not required for motions that will be heard by submission.
Page 7 | Rule 2.04 Certificates of Conference
A conference is not required for motions that will be decided on submission.
Conferences are not required for motions that will be heard by submission.
Page 7 | Rule 2.04 Certificates of Conference
Adjournment & Extension Requirements
An attorney must promptly notify all affected judges of dual settings, and file any continuance motion based on conflicting settings in every affected court with identifying information for each setting.
(1) It is the duty of an attorney to call the affected judges' attention to all dual settings as soon as they are known. Any motion for continuance on the ground that an attorney is set for trial or other hearing in two or more courts on the same date shall be filed in all affected courts and shall contain case identifying information as to all conflicting settings.
Page 18 | RULE 10: CONFLICTING ENGAGEMENTS
A continuance motion based on an attorney's conflicting trial or hearing settings must be filed in every affected court and identify the conflicting settings.
Any motion for continuance on the ground that an attorney is set for trial or other hearing in two or more courts on the same date shall be filed in all affected courts and shall contain case identifying information as to all conflicting settings.
Page 5 | Rule 1.13 Conflicting Engagements
A continuance motion based on conflicting court settings must be filed in every affected court and identify all conflicting settings.
Any motion for continuance on the ground that an attorney is set for trial or other hearing in two or more courts on the same date shall be filed in all affected courts and shall contain case identifying information as to all conflicting settings.
Page 5 | Rule 1.13 Conflicting Engagements
An attorney must notify all affected judges of dual settings as soon as those settings become known.
It is the duty of an attorney to call the affected judges' attention to all dual settings as soon as they are known.
Page 18 | RULE 10: CONFLICTING ENGAGEMENTS (b)(1)
A continuance motion based on conflicting attorney settings must be filed in every affected court and identify the conflicting settings in each case.
Any motion for continuance on the ground that an attorney is set for trial or other hearing in two or more courts on the same date shall be filed in all affected courts and shall contain case identifying information as to all conflicting settings.
Page 5 | Rule 1.13 Conflicting Engagements
In civil cases not specially set, an attorney may receive no more than four consecutive weeks off trial per year upon filing written vacation notice at least 60 days in advance, subject to judicial discretion and unavailable to obtain a continuance of an existing setting.
In civil cases not specially set, an attorney may not be put to trial for a period not to exceed four consecutive weeks of a given year if the attorney has, in writing, filed with the appropriate clerk of the county of his residence, with a copy to the appropriate clerk of any other county where the attorney has pending cases, at least 60 days in advance, notice of the attorney's vacation period. At the judge's discretion, a judge may allow more than four weeks vacation period or may shorten the 60-day notice requirement. This may not be used to obtain a continuance of a setting made prior to the filing of a vacation letter.
Page 19 | RULE 11: ATTORNEY VACATIONS
Judges should attempt to resolve conflicts by agreement and otherwise apply the stated priority order, with the Local Administrative Judge or Ninth Administrative Judicial Region Presiding Judge deciding unresolved priority disputes.
Insofar as practicable, judges should attempt to agree on which case has priority; otherwise, the following priorities shall be observed by the judges of the respective courts: (I) Criminal cases. (II) Cases given preference by statute. (III) Preferentially set cases. (IV) Case set at earliest date. (V) Case with earliest filing date. (VI) Courts in multi-judge counties should yield to courts in rural counties in all other instances of conflicting settings. (3) In the event the affected judges cannot agree on which case has priority under this rule, the priority shall be decided by the Local Administrative Judge if the cases are pending in the same county, or the Presiding Judge of the Ninth Administrative Judicial Region in all other cases.
Page 18 | RULE 10: CONFLICTING ENGAGEMENTS (b)(2)-(3)
When an attorney is reported to be in trial, the court will verify the information if requested and hold or reset the case according to the attorney's anticipated release.
When informed that an attorney is presently in trial, the court will determine where and when assigned. This information will be verified upon request of opposing counsel. The case will be placed on "hold" or reset, depending on when the attorney will be released.
Page 18 | RULE 10: CONFLICTING ENGAGEMENTS (a)
An attorney must promptly notify the affected judges of dual settings, and any continuance motion based on conflicting settings must be filed in every affected court with case-identifying information about all conflicting settings.
(1) It is the duty of an attorney to call the affected judges' attention to all dual settings as soon as they are known. Any motion for continuance on the ground that an attorney is set for trial or other hearing in two or more courts on the same date shall be filed in all affected courts and shall contain case identifying information as to all conflicting settings.
Page 18 | RULE 10: CONFLICTING ENGAGEMENTS
Chambers Communication Rules
Failure to hold or adequately attempt the required pre-notice deposition conference is grounds to quash the deposition.
(1) Failure to hold such conference or to make adequate attempts to hold such conference prior to noticing a deposition will be grounds to quash the deposition.
Page 7 | Rule 2.06 Depositions
Before noticing an oral deposition, the seeking party must attempt to communicate with opposing counsel about the deposition date, time, place, and materials to be furnished.
(a) A party seeking an oral deposition must first attempt to communicate with opposing counsel to determine whether an agreement can be reached as to date, time, place, and material to be furnished at the time of deposition.
Page 7 | Rule 2.06 Depositions
An attorney must promptly call the affected judges' attention to all known conflicting settings.
It is the duty of an attorney to call the affected judges' attention to all dual settings as soon as they are known.
Page 5 | Rule 1.13 Conflicting Engagements
An attorney must promptly call the affected judges' attention to all known dual settings.
It is the duty of an attorney to call the affected judges' attention to all dual settings as soon as they are known.
Page 5 | Rule 1.13 Conflicting Engagements