Judge Dee Johnson
Individual Rules, Standing Orders & Policies
Adjournments
- Continuance or reset requests should be submitted in writing at least 48 hours before a hearing or as soon as practical; written verified motions are preferred, opposition or agreement should be stated, and a contested motion requires a hearing.
Communication
Document Format Requirements8 rules
The thumb drive size must be 100 mb or smaller.
(e) Thumb drives or CDs containing audio or video recordings must be 2gb or smaller.
(b) Photographs should be marked on the front of the photograph.
If the recording is larger than 2gb, the original exhibit will go to the 7th Court of Appeals unless a copy is provided.
(a) Exhibits should be clearly marked on the front of the first page.
- Exhibits
Formatting
- •Clearly mark each exhibit on the front of the first page
(d) Thumb drives or CDs containing documents or pictures should be in PDF format.
- File type
(c) An exhibit behind a tab is not a marked exhibit unless it has a sticker or is marked on the first page behind the tab, including photographs.
If the pictures or documents are individual exhibits, the pictures or documents must be marked with the exhibit number on the front of the picture or document.
Document Filing Requirements10 rules
Each request for a setting, verbal or written, must include an estimate of the total time required for the entire hearing, on all matters, for all participants.
A written consent to the withdrawal signed by all other parties in the action who have appeared;
A written consent to the withdrawal signed by the withdrawing attorney's client(s);
A certificate of last known address of the client(s), containing the client's address, telephone number, email address, and, if available, fax number;
A certification that there are no rulings of the court that have yet to be reduced to writing.
A motion to substitute attorneys requires a hearing unless it complies with Rule 10 of the Texas Rules of Civil Procedure and includes the specified consent, service certificate, substituting-attorney information, and certification.
- Document
- Motion to substitute attorneys
Must include
- •Certificate of service
Court's wording
A hearing is required for a motion to substitute attorneys unless the motion complies with Rule 10 of the Texas Rules of Civil Procedure, and is filed with: (a) A written consent to the substitution signed by all other parties in the action who have appeared; (b) A certificate of service notifying withdrawing attorney of the motion to substitute; (c) The substituting attorney's name, State bar number; address, telephone number, email address, and, if available, fax number; and (d) A certification that there are no rulings of the court that have yet to be reduced to writing.
Motions to retain must set forth the factual and legal basis for retaining the case and must be filed at least 14 days prior to the dismissal date specified in the notice of dismissal.
(f) Exhibits that need to be sealed must be accompanied by an order for the judge to sign.
Every document filed by a pro se litigant must include a separate signed statement confirming that a true and correct copy was mailed to the opposing lawyer or party.
Court's wording
You must also attach a separate page of paper to every document you file with a statement that tells the court you have mailed a true and correct copy of the paperwork to the lawyer on the other side, or to the other party if they do not have a lawyer. You must sign the statement.
Any requests to the court must be made in writing with the signed statement attached that you have sent a copy to the opposing party.
Filing & Service rules
Filing Timing and Cure Windows
A motion to retain must be filed at least 14 days before the dismissal date stated in the notice of dismissal.
Motions to retain must set forth the factual and legal basis for retaining the case and must be filed at least 14 days prior to the dismissal date specified in the notice of dismissal.
Page 4 | 5.2 Motions to Retain and Objections to Motions to Retain
An objection to a motion to retain must be filed at least 7 days before the dismissal date stated in the notice of dismissal.
Any objection to a motion to retain must be filed at least 7 days prior to the dismissal date specified in the notice of dismissal.
Page 4 | 5.2 Motions to Retain and Objections to Motions to Retain
Service and Proof of Service Rules
The party obtaining a setting must notify all parties of the hearing information and total hearing time in the manner and time required by the Texas Rules of Civil Procedure, and must send notice the same day the setting is obtained.
The party who obtains the setting must give notice to all parties of the time, place, and date of a setting and the total time needed for the entire hearing for all participants. Notice must be given in the manner and within the time provided by the Texas Rules of Civil Procedure. Notice must be sent the same day the party obtains the setting, and any delay in sending notice may be argued by the opposing party as a basis for continuance.
Page 2 | CHAPTER 2 Setting Cases
Also you may write something to the judge if you send a copy of it to everyone else in the case (see paragraph 5 and 7 below).
Also you may write something to the judge if you send a copy of it to everyone else in the case (see paragraph 5 and 7 below).
Page 1 | Basic Information for Self-Represented Litigants
A copy of every written request to the court must be sent to the opposing party, with a signed statement acknowledging that service.
Any requests to the court must be made in writing with the signed statement attached that you have sent a copy to the opposing party.
Page 2 | Basic Information for Self-Represented Litigants
Formal pleadings, answers, motions, and similar papers must be filed with the clerk and mailed to the opposing attorney or unrepresented opposing party.
A formal pleading, answer, motion or other paper where you ask the Court to take some action is not a prohibited communication, but still should not be sent to the Court. You must file those papers with the Clerk's office with a true and correct copy of the papers sent to the opposing party's attorney, if he/she has one, or to the opposing party if he/she does not have a lawyer.
Page 2 | Basic Information for Self-Represented Litigants
A pro se litigant must notify the opposing attorney or party of every court setting or order obtained and file a copy of that notice with the court.
You must give notice to the opposing attorney or party of any court setting or order that you have obtained. You must file a copy with the court of such notice to opposing attorney or party.
Page 2 | Basic Information for Self-Represented Litigants
After filing pleadings, a pro se litigant should request a hearing in writing from the clerk, who will notify the litigant of the hearing date by mail.
Once you file your pleadings in the case, you should send a written request for a hearing with the court's clerk who will then notify you by mail of the hearing date.
Page 2 | Basic Information for Self-Represented Litigants
Adjournment & Extension Requirements
Continuance or reset requests should be submitted in writing at least 48 hours before a hearing or as soon as practical; written verified motions are preferred, opposition or agreement should be stated, and a contested motion requires a hearing.
Absent extreme circumstances, oral requests for continuance are disfavored, and requests for reset should be in writing, at least 48 hours before a hearing—or as soon as practical. Written, verified motions for continuance are preferred to Rule 11 Agreements. Motions for continuance should state whether opposing counsel, or any opposing self- represented person, agrees or opposes the request. Even if all parties and counsel agree, the court retains discretion to grant or deny a motion for continuance. A hearing is required for a contested motion for continuance.
Page 3 | 3.2 Motion for Continuance
Chambers Communication Rules
All hearing settings must be scheduled through the Court Administrator by email, including settings included in a judge-signed order.
All settings for hearings must be scheduled through the Court Administrator via email, even those included in an order signed by a judge.
Page 2 | CHAPTER 2 Setting Cases
A pro se litigant may not communicate with the judge outside the courtroom unless everyone involved is present, and the court will return and disclose any ex parte communication.
Do not attempt to communicate directly or through another person to the judge outside of the courtroom. That means you should not call the judge on the phone, leave messages, send a letter, fax or email message or talk to the judge face-to-face. The only time you may communicate wwith the judge is if everyone involved in the case is present. Also you may write something to the judge if you send a copy of it to everyone else in the case (see paragraph 5 and 7 below). Any communication that does not include everyone else in the case is called an ex parte communication and is not allowed. The Court will return any ex parte communication to you unread and will notify the other side of your attempt to communicate with the Judge.
Page 1 | Basic Information for Self-Represented Litigants